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OnCommand® Link End User License Agreement
Use of the OnCommand® Link for Over-the-Air Programming, health report data
collection, or otherwise logging into software on the device constitutes
acceptance of the following terms:
This Agreement is effective upon acceptance of the terms, between: NAVISTAR, INC., a Delaware
corporation, U.S.A., having its principal place of business at 2701 Navistar Drive, Lisle, IL 60532, and
wholly owned affiliates of Navistar, Inc. (hereinafter "NAVISTAR"), and the END USER of the
OnCommand® Link (hereinafter "END USER").
WHERAS, NAVISTAR has created Over-the-Air Programming (OTA) with OnCommand® Link which will
allow customers to have their vehicle onboard electronics remotely programmed using the
OnCommand® Link hardware, as well as allow for health report data collection (the OTA with
OnCommand® Link User Guide, and revisions to the user guide will be incorporated by reference into
this Agreement), and END USER wishes to utilize the OnCommand® Link for OTA, and
WHEREAS, NAVISTAR and END USER represent that they have certain proprietary information related to
light, medium, and heavy duty trucks, buses, and engines, or to onboard programming and associated
reports, vehicle telematics information, and telematics reports (the "Subject Area"). The parties are
disclosing the information for the purpose of the use of the OnCommand® Link (the "Purpose"), and are
willing to accept each other's information in accordance with the following terms and conditions.
NOW, THEREFORE, the parties agree as follows:
1. Definition
"Confidential Information" is defined as any confidential or proprietary information that is rightfully
possessed by NAVISTAR or END USER, relates to the Subject Area, and is disclosed under this
Agreement.
2. OBLIGATION
Unless otherwise expressly authorized by the other, the parties shall use reasonable care to hold in
confidence, not disclose to any third party and not use, duplicate, modify, or transfer for any purpose
other than the Purpose stated above, the received Confidential Information disclosed in accordance
with Paragraph 3 below for a period of five (5) years from the date of disclosure thereto. Such
reasonable care shall in no event be less than the same degree of care used by the party to restrict
disclosure and use of its own information of like importance.
3. Marking and Transmittal
The obligation of Paragraph 2 shall apply only to Confidential Information that is:
a) reduced to writing, drawings, or other tangible or electronic form, and bears a label or other
marking clearly identifying the information as "confidential" or "proprietary" as emanating from the
disclosing party, and received by the receiving party; or
b) electronically transmitted by or delivered on computer media by the disclosing party to the
receiving party; or