Terms of Use for LINDE ASSET PERFORMANCE MONITORING

Preamble

The purpose of Linde’s “Linde Virtual Furnace”, “LINEX (Linde Heat Exchanger Monitoring)”, “Linde Plant Monitoring” and “ELY - Electrolyser Performance Monitoring” (individually or jointly called “LINDE ASSET PERFORMANCE MONITORING”) is to provide access to collected and processed asset data to monitor the assets performance.

The Parties to this Terms of Use are Linde GmbH, Linde Engineering, Dr.-Carl-von-Linde-Str. 6-14, 82049 Pullach/Germany (“LINDE”) and natural person(s) named by a specific contractual partner of LINDE (“CUSTOMER”) who have been granted an account with LINDE ASSET PERFORMANCE MONITORING.

These Terms of Use contain the rules of how to get access to, how to use, and how to cease and what to do at the cessation of use of LINDE ASSET PERFORMANCE MONITORING.

The topics of what kind of data and information shall be transmitted via LINDE ASSET PERFORMANCE MONITORING and at which time this needs to happen are not part of these Terms of Use but are ruled by the contract with LINDE. Same applies to the responsibility and accountability for activities and omissions done or neglected within the LINDE ASSET PERFORMANCE MONITORING including the confidentiality of the data and information transferred via the LINDE ASSET PERFORMANCE MONITORING.

1.Access to LINDE ASSET PERFORMANCE MONITORING

1.1 To gain access to LINDE ASSET PERFORMANCE MONITORING, the CUSTOMER can register itself and such natural person(s) who shall use or shall have access to the application on behalf of the CUSTOMER(“USER”) as follows.

1.1.1 Should the CUSTOMER have an Azure Active Directory (Azure AD) subscription, the Azure AD E-Mail address(es) of the natural person(s) seeking access should be provided to LINDE, which will enable LINDE to grant access to that natural person(s) within the LINDE’s Azure AD framework. LINDE will inform the USER once the access is granted. The USER Azure AD credential E-Mail address valid for the CUSTOMER’s Azure AD subscription will also serve as USER credential for LINDE ASSET PERFORMANCE MONITORING. If CUSTOMER loses its Azure AD subscription for whatever reasons, CUSTOMER is responsible to re-request access in accordance with the following clause.

1.1.2 Should the CUSTOMER not have its own Azure AD subscription, CUSTOMER should provide LINDE with USER details (Name, Surname, E-Mail address) for registration purposes. LINDE will then issue USER credentials to the CUSTOMER and send an invitation to the USER. Upon timely acceptance of the invitation, the USER will be required to set its individual password to ensure confidentiality.

1.2 LINDE reserves the right to deny access to the LINDE ASSET PERFORMANCE MONITORING at any time.

2.Confidentiality and restricted use

2.1 The USER credentials (i.e. email address and password) either for Azure AD or directly for LINDE ASSET PERFORMANCE MONITORING are personal and must not be used by anyone other than the individual USER to whom the access to LINDE ASSET PERFORMANCE MONITORING was intended to be granted by LINDE. The USER credentials must be kept and handled securely.

2.2 In the event of lost USER credentials, suspected unauthorized use or a USER having left his working area or no longer needs access to LINDE ASSET PERFORMANCE MONITORING, it is the responsibility of the CUSTOMER to immediately inform LINDE, to prevent further unauthorized use and to prevent and mitigate any negative consequences for LINDE.

2.3 In the event of compromised password, hacker attack, trojan horse or other fraudulent incident in CUSTOMER’s IT system which has or may have any impact on the (access to the) LINDE ASSET PERFORMANCE MONITORING or in case if suspected unauthorized use the CUSTOMER shall inform LINDE immediately via mail. Such unauthorized use is to be understood any use by other employees of the CUSTOMER than the USER as well as of third person.

2.4 The CUSTOMER as well as the USER is permitted to use LINDE ASSET PERFORMANCE MONITORING only in accordance with these Terms of Use and in accordance with any relevant law or regulation in their particular jurisdiction. The USER must not use LINDE ASSET PERFORMANCE MONITORING for any fraudulent or unlawful purpose.

2.5 The copying, distributing, reproducing, otherwise using of the content in LINDE ASSET PERFORMANCE MONITORINGitself including the making available to third parties is not permitted outside of the purpose described in the Preamble without the prior written consent of LINDE.

2.6 Access to or use of LINDE ASSET PERFORMANCE MONITORINGfrom countries, where this access or this use in unlawful, is not permitted.

3.User guide

3.1 All text footage, pictures, corporate logos, and brands contained in LINDE ASSET PERFORMANCE MONITORING as well as other documents shared thereby are protected by trademark and copyright law and other laws for the protection of intellectual property and may be subject to third parties’ rights.

3.2 LINDE does not grant any license rights or other rights regarding the use of the intellectual property rights in the LINDE ASSET PERFORMANCE MONITORING Content, unless otherwise agreed between LINDE and CUSTOMER.

3.3 The USER must not, without the prior written consent of LINDE,

• use LINDE ASSET PERFORMANCE MONITORING or its content for any fraudulent or unlawful purpose;
• use any registered or unregistered trademarks or signs on LINDE ASSET PERFORMANCE MONITORING without the prior written consent of the respective owner;
• translate, modify, adapt, reverse engineer, decompile or disassemble LINDE ASSET PERFORMANCE MONITORING or its content in whole or in part; remove any notice of copyright, trademark, or other proprietary rights from LINDE ASSET PERFORMANCE MONITORING;
• frame or otherwise embed LINDE ASSET PERFORMANCE MONITORING in its own or a third party website or tool;
• mirror any part of LINDE ASSET PERFORMANCE MONITORING;
• create a database by systematically storing and downloading all or LINDE ASSET PERFORMANCE MONITORING content; and/or
• use any robot, spider, site search application or retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of LINDE ASSET PERFORMANCE MONITORING or its content.

3.7 LINDE is entitled to hold the CUSTOMER responsible for all acts or omissions of its USERS in LINDE ASSET PERFORMANCE MONITORING.

4.Privacy

4.1 The USER shall provide to LINDE or enter into LINDE ASSET PERFORMANCE MONITORING personal data only as far as required. The CUSTOMER is responsible for all personal data entered by its USERs. In case required, the CUSTOMER is responsible for ensuring that he has all relevant authorizations to use the personal data provided and/or entered.

4.2 Regarding the protection of personal data by LINDE please see theData Privacy Notice of LINDE ASSET PERFORMANCE MONITORING to which LINDE hereby expressly refers and which can be viewed via the corresponding link in LINDE ASSET PERFORMANCE MONITORING.

4.3 The CUSTOMER shall inform its USERs about the processing of personal Data in the context of LINDE ASSET PERFORMANCE MONITORING. LINDE as well as the CUSTOMER will be separately responsible for answering USER requests due to the processing of personal data within LINDE ASSET PERFORMANCE MONITORING. Where disclosure of requested information may affect another partner consultation will take place.

5.Warranties and liabilities

5.1 LINDE develops and maintains LINDE ASSET PERFORMANCE MONITORING carefully according to the current state of the art in collaboration with renowned partners.

5.2 LINDE makes LINDE ASSET PERFORMANCE MONITORING available in its existing condition. LINDE does not give express or implied warranties, nor does it make any representations, nor does it assume any responsibility, that

• CUSTOMER’s Azure AD subscription works;
• LINDE ASSET PERFORMANCE MONITORING is available without interruption;
• the use of LINDE ASSET PERFORMANCE MONITORING will not infringe any third party rights;
• the use of LINDE ASSET PERFORMANCE MONITORING is free from errors or is complete, accurate or up to date at all times;
• other web pages accessed by hyperlinks from LINDE ASSET PERFORMANCE MONITORING, irrespective of whether these belong to affiliated companies of LINDE GmbH or third parties, do not infringe third party rights, or are free from errors, or that applicable data protection provisions are complied with;
• LINDE ASSET PERFORMANCE MONITORING is free from viruses, bugs, malware, or similar malicious programs; or that
• that LINDE ASSET PERFORMANCE MONITORING is compatible with other devices.
• is compatible with COMPANY’s IT infrastructure.

5.3 LINDE limits its liability to the liability under statutory law caused by willful intent or gross negligence of LINDE or its representatives. IN NO EVENT SHALL LINDE BE LIABLE, WHETHER BY REASON OF ANY BREACH OF CONTRACT OR OF STATUTORY DUTY OR IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR STRICT LIABILITY FOR LOSS OF PRODUCTION, LOSS OF PROFITS, LOSS OF USE, LOSS OF CONTRACTS, ADDITIONAL PRODUCTION COST, OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY DESCRIPTION.

6.Cessation of use

6.1 If CUSTOMER’s relationship with a USER ends or if access to LINDE ASSET PERFORMANCE MONITORING by a USER is no longer required for other reasons the CUSTOMER shall act as follows.

6.1.1 Should the CUSTOMER have an Azure AD subscription, the CUSTOMER shall immediately terminate access to Azure AD to the respective USER within the LINDE’s Azure AD framework.

6.1.2 Should the CUSTOMER not have its own Azure AD subscription, CUSTOMER shall immediately request the termination of access to LINDE ASSET PERFORMANCE MONITORING from LINDE.

6.2 LINDE is entitled to terminate access of a USER to LINDE ASSET PERFORMANCE MONITORING after 6 months of inactivity of that USER.

6.3 LINDE- is entitled to terminate access of all USERs of CUSTOMER to LINDE ASSET PERFORMANCE MONITORING without having to observe an advance period if the contract with the CUSTOMER is expired or terminated.

6.4 LINDE is entitled to terminate access of a specific USER to LINDE ASSET PERFORMANCE MONITORING at any time without having to observe an advance notice period if that USER is in breach of this Terms of Use or abuses its access.

7.Amendments to LINDE ASSET PERFORMANCE MONITORING and the Terms of Use

7.1 LINDE reserves the right, at any time and without prior notice, to make amendments, or additions, to LINDE ASSET PERFORMANCE MONITORING and its content.

7.2 LINDE reserves the right to change these Terms of Use from time to time at its sole discretion without any obligation to inform the CUSTOMER and/or the USER. The USER’s continued use of LINDE ASSET PERFORMANCE MONITORING constitutes his consent to such changes.

8.Applicable Law and Jurisdiction

These Terms of Use and all questions and disputes relating to the use of LINDE ASSET PERFORMANCE MONITORING or LINDE ASSET PERFORMANCE MONITORING Content are exclusively subject to the laws of the Federal Republic of Germany excluding the provisions of international private law. All disputes arising from or in connection with these Terms of Use shall be finally settled by the courts of Munich, Germany.