Terms & Conditions

These terms and conditions of registration and use for IC-1 Lift Plan (hereinafter referred to as the “T&C”),dated 9/4/2019, apply to the usage, by the customers and users (hereinafter referred to as the “USER”), of theonline application for preparing lift plans provided by Tadano Demag GmbH, Europaallee 2, 66482 Zweibrücken,Germany (hereinafter referred to as “Tadano Demag”), as well as to the registration of the customers and usersthat is required for the usage. The USER and Tadano Demag are hereinafter referred to individually as the“PARTY” and jointly as the “PARTIES”.

1.1. IC-1 Lift Plan – General Description
With its online IC-1 Lift Plan application, Tadano Demag enables the USER to generate general lift plans for theTadano Demag crane models that are available on the online IC-1 Lift Plan application. Within this context, theterm “lift plan” refers to information that makes it possible to determine which loads the previously selectedTadano Demag crane model will be able to lift, turn, and lower, as well as the radiuses at which it will be ableto do so.
1.2. Registration
The use of the IC-1 Lift Plan requires the USER to register first. The registration shall be subject to approvaland confirmation by Tadano Demag. When registering, the USER shall provide truthful and accurate information asrequired by the registration process. This information includes, but is not limited to: first name, last name,street address, city, state, country, e-mail, telephone number, and the USER’s position in the company. Afterregistering successfully, the USER will be able to set up their account. The user must fill out the registrationapplication in its entirety. Registration applications with missing, incorrect, or incomplete personalinformation shall not give the user the right to use the IC-1 Lift Plan; if the user submits an unacceptableregistration application as outlined in this description, Tadano Demag will not allow access to the applicationor will revoke access, if applicable.
1.3. Technical Requirements
In order to register for and use the IC-1 Lift Plan, the USER must have a working internet data connection(e.g., DSL, cable, etc.). The USER is responsible for ensuring that they have sufficiently powerful andup-to-date hardware and software, as well as safe and up-to-date antivirus protection.
1.3.1. Once the USER registers online as required and sets up a corresponding account, they will be able toselect a Tadano Demag crane model and proceed to enter the specifications available on the Lift Plan interfacein order to calculate a lift plan. The application will then use these specifications to generate an appropriatelift plan for the selected crane. Every lift plan can be printed out and/or saved.
1.3.2. The use of the IC-1 Lift Plan shall be limited to the registered USER. It is hereby expressly prohibitedto disclose login data to third parties or to allow third parties to use the IC-1 Lift Plan. To access the IC-1Lift Plan, the user will have to use the login data assigned with it together with remote datatransmission.

2.1. Crane Data and Specifications
All crane data and specifications disclosed to the USER by Tadano Demag shall be treated confidentially by theUSER and shall not be disclosed to any third parties. Furthermore, the data and specifications shall not be usedfor commercial purposes. The IC-1 Lift Plan may be used for technical purposes only. Any misuse or actioncontrary to public policy is hereby expressly prohibited. It is especially prohibited to technically modify,tamper with, or negatively affect the IC-1 Lift Plan. The USER hereby agrees to notify Tadano Demag immediatelyif the USER becomes aware of, is made aware of, or is suspicious of the data and specifications disclosed tothem being misused. Tadano Demag reserves the right to block access to the IC-1 Lift Plan in case of misuse. TheUSER shall be liable for any misuse for which they are responsible.
2.2. IC-1 Lift Plan Results
All lift plan results are provided as general results only, meaning that they will only take into account theequipment that comes as standard with the Tadano Demag crane model selected by the USER and will not account forany custom configurations featured by the USER’s Tadano Demag crane model. Furthermore, all calculations aremade assuming an ideal environment (solid ground, calm winds, etc.) and standard weight specifications(balanced, no one-sided loads, etc.), meaning that the results provided by the application may deviate from theactual circumstances involved. The USER shall be the sole party responsible for taking this into account. Theuse of the IC-1 Lift Plan and the corresponding lift plans shall not release users or operators from theobligation to closely follow all of the operating instructions and other warnings and the instructions forTadano Demag cranes. The IC-1 Lift Plan is not suitable for preparing statistics or for other applications thatrequire measurement data that is exact, accurate, reliable, of verified quality, and up-to-date, and that isavailable continuously and without interruption. Due to technical reasons, the IC-1 Lift Plan is not suitablefor providing third parties with proof of the loads that the previously selected Tadano Demag crane model willbe able to lift, turn, and lower, or of the radiuses at which it will be able to do so, in its actualenvironment and with regard to the actual application at hand.
2.3. Warranty/Liability
2.3.1. The use of the IC-1 Lift Plan and the generation of lift plan results shall in no way be construed asTadano Demag guaranteeing, making representations or warranties for, or otherwise making any binding statementsconcerning the Lift Plan, the results generated with it, and whether the use of the Tadano Demag crane modelplanned by the USER is actually feasible under the conditions specified by the USER. The USER shall be the soleparty responsible for the use of their Tadano Demag crane model.
2.3.2. Tadano Demag assumes no liability, nor makes any warranties or representations, for the results providedby the IC-1 Lift Plan. Tadano Demag assumes no liability for indirect or consequential damages associated withthe use of the IC-1 Lift Plan, regardless of whether in relation to the USER or third parties. Tadano Demagassumes no liability for the availability and proper functioning of the IC-1 Lift Plan webpage, including anydamages that may occur as a result of transmission errors, delays, or interruption; data problems or loss;viruses; or any other issues with the use of the IC-1 Lift Plan unless the damages are the result of intent orgross negligence on behalf of Tadano Demag. This notwithstanding, maintenance, problems with the USER’s accessrequirements, and force majeure events, such as power outages, may result in the IC-1 Lift Plan not beingavailable. Liability for damages in case of death or bodily injury resulting from intent or gross negligence onbehalf of Tadano Demag shall remain unaffected by the aforementioned provisions.

3.1. Rights of Use
3.1.1. As part of the registration process for and the use of the IC-1 Lift Plan, and in accordance with theseT&C, the USER is being granted the non-exclusive and non-transferrable right to use the IC-1 Lift Plan throughthe IC-1 Lift Plan interface. This right of use is limited to the duration of the agreement between Tadano Demagand the USER. Furthermore, it is limited in accordance with the agreement’s provisions.
3.1.2. The agreement between the USER and Tadano Demag shall not give rise to the transfer of software or to thegranting of more extensive rights of use (this includes saved IC-1 Lift Plan results). After the agreementbetween the USER and Tadano Demag is terminated, the USER shall no longer have the right to access theiraccount, the IC-1 Lift Plan, or any saved IC-1 Lift Plan results. No copyrights or trademark rights to thesoftware or to the tools being used are being granted or assigned.
3.2. IC-1 Lift Plan Changes and Discontinuation
3.2.1. The IC-1 Lift Plan is being provided by Tadano Demag on a voluntary basis. Tadano Demag may temporarilyor permanently expand the scope of use for the IC-1 Lift Plan or, after notifying the USER within a reasonableamount of time in advance, limit or discontinue the use of the IC-1 Lift Plan. The USER shall not be entitled toclaim any compensation in such cases.
3.2.2. In particular, Tadano Demag shall be entitled at any time to change these T&C, introduce any other termsand conditions, and make technical changes to the IC-1 Lift Plan, including adding or removing individualfunctions and features. Tadano Demag will inform the USER of important changes and of changes to theseT&C.
3.2.3. Tadano Demag may interrupt the use of IC-1 Lift Plan at any time for maintenance and updates.

4.1. Effective Date
The agreement between Tadano Demag and the USER shall come into effect once the USER’s registration and USERaccount setup processes are complete (confirmed), of which Tadano Demag will notify the USER separately. TheUSER will be sent their login information in a confirmation e-mail.
4.2. Termination
4.2.1. This agreement may be terminated by either one of the PARTIES with one month’s notice starting from theend of the corresponding month.
4.2.2. The PARTIES shall be entitled to terminate their contractual relationship for good cause without previousnotice.
4.2.3. Any termination shall be in writing without fail.

While the agreement defined by these terms of use is in effect, Tadano Demag will electronically store USERdata, i.e., crane data, and any personal registration data, in compliance with the General Data ProtectionRegulations (“GDPR”). Data will only be collected, processed, and used within the context of registration forand use of the IC-1 Lift Plan. If, however, Tadano Demag needs to collect, process, or use the USER’s personaldata or the personal data of the latter’s employees as an exception, Tadano Demag will obtain consent separatelyand, in the case of commissioned data processing, the PARTIES will enter into a legally valid agreementregarding commissioned data processing. The user hereby acknowledges and agrees to their crane data beingcollected and used by Tadano Demag in an anonymized format. Tadano Demag shall be entitled, in particular, touse this data to prepare (regional) comparisons and statistics and release them to the public through outletssuch as television, the Internet, the press, radio, promotional materials, product descriptions, or in any otherway it sees fit.



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