Chassis Image Data Terms of Use Acceptance of the Terms of Use Hino Motors Sales U.S.A., Inc. ("Company", "we" or "us") offers the following terms and conditions (these "Terms of Use"), governing Hino Dealer’s and/or Body Company’s (“you” or “your”) use of certain Chassis Image Data (“CID”) to be provided to you upon your agreement to these Terms of Use. Please read the Terms of Use carefully. Please acknowledge your agreement to be bound by these Terms of Use by signing below and returning a complete copy by mail, email or fax to: If by mail: Hino Motors Sales U.S.A., Inc. 41180 Bridge Street Novi, MI 48375 Attn: Jeff Minnis If by email: minnis@hino.com If by fax: 248-699-9310 Purpose The Company hereby grants you the right to use the CID for the limited purpose of assisting with the application of your products to incomplete Hino cab and chassis (“Hino Vehicles”) consistent with these Terms of Use and applicable federal, state and local laws and regulations (the “Purpose”). Employees and Representatives You shall ensure that your employees and representatives comply with all of the terms and conditions contained in these Terms of Use and you shall be fully responsible for their failure to do so. Reliance on Information The CID is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the CID. Any reliance you place on the CID is strictly at your own risk. CID is subject to change from time to time without notice to you. It is your responsibility to ensure that each Hino Vehicle modified by you complies with all Federal Motor Vehicle Safety Standards and other applicable laws. Confidentiality The CID constitutes the Company’s Confidential Information. You shall use the CID solely for the Purpose and shall not disclose or permit access to the CID other than to your employees or representatives who need to access the CID exclusively in furtherance of the Purpose. You shall safeguard the CID from unauthorized use, access or disclosure using at least the degree of care you use to protect your most sensitive information and no less than a reasonable degree of care. You shall promptly notify us of any unauthorized use or disclosure of the CID and use your best efforts, including fully cooperating with us, to prevent further use or disclosure. You will be responsible for any breach of these Terms of Use caused by your employees or representatives. Discontinuance of Use The Company may at any time and in its sole discretion withdraw your right to use the CID. In such event, the Company may, at its option; (i) require you to immediately return the CID, without retaining any copies thereof, or (ii) require you to destroy all CID in your possession or control and provide written certification to that effect. Intellectual Property Rights The CID is owned by the Company and/or its Affiliates and is protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We retain the entire right, title and interest in and to the CID, and no disclosure to you or your use of the CID hereunder will be construed as a license, assignment or other transfer of any such right, title and interest to you. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the CID, except that you may download one copy of the CID for your use exclusively in furtherance of the Purpose and not for further reproduction, publication or distribution. You must not use the CID in any way that will infringe the Intellectual Property rights of the Company or any third party. Disclaimer of Warranties YOUR USE OF THE CID IS AT YOUR OWN RISK. THE CID IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, RELIABILITY, QUALITY, OR ACCURACY OF THE CID OR THAT THE CID WILL BE OTHERWISE ERROR-FREE. 2 Limitation on Liability IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE CID, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (WHETHER FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER FORM OF ACTION), EVEN IF FORESEEABLE. Indemnification You agree to defend, indemnify and hold harmless the Company and its affiliates, and their respective officers, directors, shareholders, employees, contractors, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the CID. General These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to the principles of conflict of law. These Terms of Use constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior agreements. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. AGREED AND ACCEPTED: BCG DV ________________________________________________ Print name of Hino Dealer or Body Company, as applicable By: __________________________________ Its Authorized Representative Date: _____Afaque Usman __________________ Print Name of Authorized Representative 3 ___18-03-2019________________