Miimonitor End User License Agreement

END-USER LICENCE AGREEMENT (“EULA”)

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

This end-user licence agreement is a legal agreement between you (“End-user” or “you”) and Honda Motor Europe Limited (company number 857969) of Cain Road, Bracknell, Berkshire, RG12 1HL, UK (“Honda”, “us” or “we”) for:

Honda Miimo mobile application software known as Mii-monitor (including any services which may be accessible via the application) (collectively the “App”).

We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore (“Appstore”) from which the End-user downloaded the App (“Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.

OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES AN ANROID SMARTPHONE OR APPLE SMARTPHONE DEVICE WITH A MINIMUM OF 1GB OF MEMORY (RAM) FOR ANDROID OR 512MB OF MEMORY (RAM) FOR APPLE, INTERNET ACCESS, AND VERSION 4.0 OF THE ANDROID OPERATING SYSTEM OR VERSION iOS 10 OF THE APPLE OPERATING SYSTEM. THE DEVICE MUST HAVE AT LEAST 500MB OF STORAGE SPACE TO BE INSTALLED AND OPERATE CORRECTLY. THE SCREEN RESOLUTION SHOULD BE AT LEAST 960 x 540 PIXELS (px) FOR ANDROID OR 960 x 640 PIXELS FOR APPLE SMARTPHONES. THE APP MAY WORK ON OTHER DEVICES BUT THESE ARE THE MINIMUM REQUIREMENTS WHICH SHOULD ENABLE THE APP TO FUNCTION CORRECTLY. NB – THIS APP IS ONLY COMPATIBLE WITH THE FOLLOWING HONDA MIIMO (ROBOTIC MOWER) MODELS:

· HRM3000

IMPORTANT NOTICE:

BY DOWNLOADING THE APP FROM THE APPSTORE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THE LICENCE INCLUDE, THE LIMITATIONS ON LIABILITY IN CONDITION 6.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS AND DELETE THE APP NOW.

You should print a copy of this EULA for future reference.

AGREED TERMS

1. Acknowledgements

1.1 The terms of this EULA apply to the App or any of the services accessible through the App, including any updates or supplements to them, unless they come with separate terms, in which case those terms apply.

1.2 The following open source software is included in the App and, as such, the terms of their respective open-source licences may override some of the terms of this EULA:

(a) Apache License Version 2.0 (http://www.apache.org/licenses/)

(b) Otto (http://square.github.io/otto)

(d) Gson (https://github.com/google/gson)

(e) Zxing (https://github.com/zxing/zxing)

1.3 We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

1.4 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version and accepted any new terms.

1.5 You will be assumed to have obtained permission from the owner of the mobile telephone or handheld device that is controlled, but not owned, by you and described in condition 2.2 (“Device”) and to download a copy of the App onto the Device. You and they may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.

1.6 Our privacy notice can be accessed here [http://www.honda.co.uk/lawn-and-garden/useful-links/eu-miimonitor-privacy-policies.html]. The privacy notice tells you how we process your personal data in relation to the App. Additionally, by using the App you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.7 By using the App, you consent to us collecting and using technical information about your Device and related software, hardware and peripherals to improve our products and to provide any services to you.

1.8 The App may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of licence

2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on your Device, subject to these terms and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2 You may download the App onto a Device to view, use and display it on your Device for your personal purposes only.

3. Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

(a) not to copy the App;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App;

(e) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (“Technology”),

(together “Licence Restrictions”).

4. Acceptable use restrictions

You must:

(a) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this EULA);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

(d) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service accessible via the App.

(together “Acceptable Use Restrictions”).

5. Intellectual property rights

5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.

5.2 You acknowledge that you have no right to have access to the App in source-code form.

6. Limitation of liability

6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

6.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if was contemplated by both you and us at the time we granted you the EULA.

6.4 Our maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to download, without charge, another copy of the App. This does not apply to the types of loss set out in condition 6.5.

6.5 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

7. Termination

7.1 We may terminate this EULA immediately by written notice to you:

(a) if you commit a material or persistent breach of this EULA; or

(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

7.2 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of any services provided via the App; and

(c) you must immediately delete or remove the App from your Device, and certify to us that you have done so and have destroyed any whole or partial copies of the App you have made in breach of this EULA.

8. Events outside our control

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

8.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

9. Other important terms

9.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

9.2 You may only transfer your rights or obligations under this EULA to another person with our written consent.

9.3 IMPORTANT – in the event that you transfer ownership of your Honda Miimo, please ensure that you notify Honda of this immediately, by contacting us with the contact details shown in Annex 1 of this document.

9.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

9.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

9.6 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction to determine any matters of interpretation, claims or disputes relating to its terms.

10. Communication between us AND SUPPORT

10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can contact us using the contact details shown in Annex 1 of this document. We will confirm receipt of this by contacting you in writing.

10.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

10.3 If you require support in relation to your App, you may contact us using the contact details shown in Annex 1 of this document.

This agreement has been entered into on the date of your first download of the App.

ANNEX 1 – CONTACT DETAILS

AUSTRIA

Honda Motor Europe Ltd

Hondastraße 1

2351 Wiener Neudorf

Tel.: +43 (0)2236 690 0

Fax: +43 (0)2236 690 480

www.honda.at

HondaPP@honda.co.at

BALTIC STATES

(Estonia/Latvia/ Lithuania)

Tel.: +372 651 7300

Fax: +372 651 7301

honda.baltic@honda-eu.com

Honda Motor Europe Ltd Eesti filiaal

Meistri 12 13517 Tallinn Estonia

BELGIUM

Tel.: +32 2620 10 00

Fax: +32 2620 10 01

www.honda.be

BH_PE@HONDA-EU.COM

Honda Motor Europe Ltd

Doornveld 180-184 1731 Zellik

BULGARIA

Power Products Trading

102A Gotz Delcev BLVD

BG 1404 Sofia

Bulgaria

www.hondapower.bg

jolian_milev@honda.power.bg

CROATIA

Hongoldonia d.o.o.

Vrbaska 1c 31000 Osijek

Tel.: +38531320420

Fax: +38531320429

www.hongoldonia.hr

prodaja@hongoldonia.hr

CYPRUS

Alexander Dimitriou & Sons Ltd.

162, Yiannos Kranidiotis Avenue

2235 Latsia, Nicosia

Tel.: +357 22 715 300

CZECH REPUBLIC

BG Technik cs, a.s.

U Zavodiste 251/8

15900 Prague 5 - Velka Chuchle

Tel.: +420 2 838 70 850

Fax: +420 2 667 111 45

www.honda-stroje.cz

DENMARK

TIMA A/S

Tårnfalkevej 16 2650 Hvidovre

Tel.: +45 36 34 25 50

www.hondapower.dk

FINLAND

OY Brandt AB.

Tuupakantie 7B 01740 Vantaa

Tel.: +358 207757200

Fax: +358 9 878 5276

www.brandt.fi

FRANCE

Honda Motor Europe Ltd

Division Produit d’Equipement

Parc d’activités de Pariest, Allée du 1er mai

Croissy Beaubourg BP46,

77312 Marne La Vallée Cedex 2

Tél. : 01 60 37 30 00

Fax: 01 60 37 30 86

www.honda.fr

espace-client@honda-eu.com

GERMANY

Tel.: 01805 20 20 90

Fax: +49 (0)69 83 20 20

www.honda.de

info@post.honda.de

Honda Deutschland Niederlassung der

Honda Motor Europe Ltd.

Hanauer Landstraße 222-224

D-60314 Frankfurt

GREECE

Saracakis Brothers S.A.

71 Leoforos Athinon

10173 Athens

Tel.: +30 210 3497809

Fax: +30 210 3467329

www.honda.gr

info@saracakis.gr

HUNGARY

Motor Pedo Co., Ltd.

Kamaraerdei ut 3.

2040 Budaors

Tel.: +36 23 444 971

Fax: +36 23 444 972

www.hondakisgepek.hu

IRELAND

Two Wheels ltd

M50 Business Park, Ballymount

Dublin 12

Tel.: +353 1 4381900

Fax: +353 1 4607851

www.hondaireland.ie

Service@hondaireland.ie

ITALY

Honda Motor Europe Ltd

Via della Cecchignola, 13

00143 Roma

Tel.: +848 846 632

Fax: +39 065 4928 400

www.hondaitalia.com

info.power@honda-eu.com

MALTA

The Associated Motors Company Ltd.

New Street in San Gwakkin Road

Mriehel Bypass, Mriehel QRM17

Tel.: +356 21 498 561

Fax: +356 21 480 150

NORWAY

Berema AS

P.O. Box 454 1401 Ski

Tel.: +47 64 86 05 00

Fax: +47 64 86 05 49

www.berema.no

berema@berema.no

POLAND

Aries Power Equipment Sp. z o.o.

ul. Pulawska 467

02-844 Warszawa

Tel.: +48 (22) 861 43 01

Fax: +48 (22) 861 43 02

www.ariespower.pl

www.mojahonda.pl

info@mojahonda.pl

PORTUGAL

GROW Productos de Forca Portugal

Rua Fontes Pereira de Melo, 16

Abrunheira, 2714-506 Sintra

Tel.: +351 211 303 000

Fax: +351 211 303 003

www.grow.com.pt

abel.leiriao@grow.com.pt

REPUBLIC OF BELARUS

Scanlink Ltd.

Kozlova Drive, 9 220037 Minsk

Tel.: +375 172 999090

Fax: +375 172 999900

www.hondapower.by

ROMANIA

Hit Power Motor Srl

str. Vasile Stroescu nr. 12,

Camera 6, Sector 2

021374 Bucuresti

Tel.: +40 21 637 04 58

Fax: +40 21 637 04 78

www.honda.ro

hit power@honda.ro

SERBIA & MONTENEGRO

ITH Trading Co Doo

Majke Jevroscme 26

1100 Beograd

Serbia

sstevanovic@ithtrading.co.rs

SLOVAK REPUBLIC

Honda Motor Europe Ltd Slovensko,

organizacná zložka

Prievozská 6 821 09 Bratislava

Tel.: +421 2 32131111

Fax: +421 2 32131112

www.honda.sk

SLOVENIA

AS Domzale Moto Center D.O.O.

Blatnica 3A 1236 Trzin

Tel.: +386 1 562 22 62

Fax: +386 1 562 37 05

www.honda-as.com

infomacije@honda-as.com

SPAIN & all provinces

Greens Power Products, S.L.

Poligono Industrial Congost –

Av Ramon Ciurans n°2

08530 La Garriga - Barcelona

Tel.: +34 93 860 50 25

Fax: +34 93 871 81 80

www.hondaencasa.com

SWEDEN

Honda Motor Europe Ltd filial Sverige

Box 31002 - Långhusgatan 4

215 86 Malmö

Tel.: +46 (0)40 600 23 00

Fax: +46 (0)40 600 23 19

www.honda.se

hpesinfo@honda-eu.com

SWITZERLAND

Tel.: +41 (0)22 989 05 00

Fax: +41 (0)22 989 06 60

www.honda.ch

Honda Motor Europe Ltd., Slough

Succursale de Satigny/Genève

Rue de la Bergère 5

1242 Satigny

TURKEY

Anadolu Motor Uretim ve Pazarlama AS

Esentepe mah. Anadolu cad. No: 5

Kartal 34870 Istanbul

Tel.: +90 216 389 59 60

Fax: +90 216 353 31 98

www.anadolumotor.com.tr

antor@antor.com.tr

UKRAINE

Honda Ukraine LLC

101 Volodymyrska Str. - Build. 2

Kyiv 01033

Tel.: +380 44 390 14 14

Fax: +380 44 390 14 10

www.honda.ua

CR@honda.ua1

UNITED KINGDOM

Honda Motor Europe Ltd

Cain Road Bracknell

Berkshire RG12 1 HL

Tel.: +44 (0)845 200 8000