READ THIS AGREEMENT CAREFULLY BEFORE USING THIS GATES MOBILE APP. THE GATES CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES (“GATES”) WILL ONLY LICENSE THE GATES MOBILE APP WITH WHICH THIS LICENSE AGREEMENT HAS BEEN ASSOCIATED (THE “APP”) TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT BY CLICKING “ACCEPT” OR LOGGING INTO, ACCESSING OR USING THE APP. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.

Gates does not intend for this App to be used by individuals who are less than 18 years old. If you are less than 18, do not use this App.

This End User License Agreement (“Agreement”) is between Gates and you and/or your company (“you” or “Licensee”) and governs your use of any App from Gates that you access and/or download for use in an iPhone®, iPad®, Android®, BlackBerry® or other similar mobile environment for which Gates makes the App available (“Mobile Platform”). You may view the terms of this Agreement at any time by accessing: www.gates.com/PTapp

1. Acceptance of Terms and Conditions; Charges.

By accessing, downloading and/or using the App, you acknowledge having read and understood, and you hereby agree, to be bound by and comply with these terms. If you do not agree to these terms, you must not install or use the App. The App is protected by law, including, but not limited to, the copyright laws of the United States and other countries as well as other laws protecting intellectual property, and international treaties. The App is controlled and made available by Gates from its offices within the State of Colorado, United States.

Gates does not collect any fees from you for the App. However, you may incur network or data charges, roaming charges or other costs or fees when you download or use the App or certain of its features, such as location-based services like store locators (“Network Charges”). Gates has no liability to you for any of Network Charges.

2. License Grant.

The term “App” includes the mobile applications computer programs (software) that you access and/or download, and associated data and information (including any user guide, updates and revisions) available to you. With limited exceptions with respect to software or elements of the App that Gates has licensed from third parties, the App is owned by Gates. The App is licensed, not sold, to you. Gates considers the App to be its confidential and proprietary information.

Subject to the terms of this Agreement, Gates grants you a limited, revocable, terminable, nonexclusive license to use the App solely as described in this Agreement, and solely on the Mobile Platform for which the App was specifically designed by Gates. Gates may, in its sole discretion, make available to you updates to the App and related data and information, but has no obligation to do so; any updates provided by Gates are subject to the terms of this Agreement. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right of Gates or any of its licensors.

3. License Limitations.

You are authorized to use the App solely an individual for the limited purpose of determining and selecting applicable Gates Products. “Gates Products” means products and associated hardware manufactured by Gates or sold or marketed under any Gates label.

You must not copy, modify, transfer, rent, lease, sublicense, assign, reverse assemble, reverse compile or create derivative works of the App; nor may you disclose the App to third parties, nor may you access, download or use the App in any environment or any platform other than a Mobile Platform for which it was designed. You must not attempt to derive any confidential information, processes, data or algorithms from the App. To the extent any of the foregoing restrictions on reverse engineering, decompiling or other use of the App are not enforceable under applicable law, then the restriction will apply to the greatest extent consistent with applicable law. Further, you will not engage in such activities unless you first give Gates advanced written notice of your intended action, and you agree to allow Gates to provide you any relevant assistance or information that might obviate the need for such action. Gates reserves the right to modify the App and related data and information at any time, and to change its functionality. You acknowledge and agree that Gates retains sole ownership of all intellectual property rights in the App, Gates Products and related information, including but not limited to patent, copyright, trade dress, trade secret, and trademark rights.

4. Termination of License Rights.

This Agreement and the license granted to you will terminate automatically upon your breach of this Agreement. Gates may terminate your license rights, and/or may stop offering the App, data and/or information, at any time for any reason without notice and without liability. Upon any termination, you agree to cease all use of the App and to remove the App from the Mobile Platform(s).

5. Protection of Confidential Information.

You agree to hold all Confidential Information in confidence indefinitely. "Confidential Information" shall mean the App and any and all information, technology, algorithms, data, specifications, designs, constructions, techniques, formulae, materials, and manufacturing processes of Gates or concerning Gates Products, except information that is: published or otherwise becomes part of the public domain through no act or omission by you; received by you from a third party who is legally in possession of the information and not under an obligation of confidentiality with respect the information; or, was already in your possession, with no duty of confidentiality attached thereto, prior to its receipt from Gates, as evidenced by written records. This obligation of confidentiality shall survive termination, cancellation, or expiration of this License Agreement.

6. Trademarks and Copyrights.

The trademarks, service marks, and logos (the "Trademarks") used and displayed in the App are registered and unregistered Trademarks of Gates and others. Nothing in this Agreement or the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of the Trademark owner. Trademarks of Gates may not be used in any way without prior written permission of Gates. The copyrights in the App and all data and information provided in connection with the App are held by Gates or by the original creator. Except as stated herein, none of the App, data or information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Gates or the copyright owner.

7. Links To Third Party Sites.

The App may contain links to third-party sites. Any linked sites are not under the control of Gates, and Gates is not responsible for the contents of any linked site, any link contained in a linked site, any changes or updates to such linked sites, or any transmission from any linked site. Gates is providing these links to third-party sites only as a convenience, and the inclusion of any link does not imply endorsement by Gates of the site.

8. NO WARRANTY; DISCLAIMER.

GATES DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE APP, INFORMATION AND/OR DATA WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE GATES USES REASONABLE EFFORTS TO USE ACCURATE AND UP-TO-DATE INFORMATION AND DATA IN AND IN CONNECTION WITH THE APP, THE DATA AND OTHER INFORMATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. GATES SPECIFICALLY DISCLAIMS ALL WARRANTIES OF EVERY KIND AS TO THE APP, DATA AND OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, OTHER VIOLATION OF RIGHTS, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. GATES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE APP, DATA OR OTHER INFORMATION, AND YOU SHALL BE SOLELY RESPONSIBLE FOR THE RESULTS, USE, EFFICIENCY AND SUITABILITY OF THE APP, DATA AND INFORMATION.

9. LIMITATION OF LIABILITY.

IN NO EVENT SHALL GATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP OR RELATED DATA AND INFORMATION, EVEN IF GATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GATES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM: (A) ANY FAILURE OF THE APP, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA; (B) DELAY IN THE DELIVERY OF THE APP; (C) THE PERFORMANCE OF SERVICES RELATED TO THE APP; (D) INACCURACY OF THE DATA OR INFORMATION, (E) ANY UPDATES OR CHANGES TO THE APP, DATA AND/OR INFORMATION, AND/OR (F) CLAIMS REGARDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT OR NEGLIGENCE.

10. Certain Third Parties and Additional Terms.

The company or companies that make the Mobile Platform available to you (e.g., Research In Motion Ltd., Apple, Inc., Google, Inc., etc.) are made express third party beneficiaries (“TPBs”) to the terms of this Agreement and all limitations and disclaimers provided herein. By downloading, installing or using the App, you acknowledge and agree that none of the TPBs has liability to you under any theory, including contract, tort, strict liability or otherwise, for your downloading, installation or use of the App or any data that you receive from or provide through the App. Additional terms applicable to your use of the App on specific Mobile Platforms are set forth in Appendix 1 to this Agreement.

11. Gates Products

Gates’ obligations and responsibilities regarding Gates Products or services are governed solely by the agreements under which they are sold or licensed. Gates does not guarantee availability of individual part numbered Gates Products. Gates Products availability must be confirmed at time of any order. Gates Products orders are subject to acceptance or rejection by Gates.

WARNING! Do not use Gates belts, pulleys or sprockets on any aircraft propeller or rotor drive systems or in-flight accessory drives. Gates products are not designed or intended for aircraft use. Use Gates products only on applications specified in Gates product literature. Install and maintain products according to the vehicle manufacturer’s recommended procedures and with recommended tools. Failure to follow these instructions could result in injury or property damage. Gates Corporation disclaims all liability due to failure to follow these instructions. Forum information is meant for United States visitors only.

12. Privacy and Data Collection.

The App may request or collect certain limited information about you when you use it. Such information might consist personal information that you provide, such as, for example, your name, your email address, the names and email addresses of people that are stored on devices that connect to the App or that you send content and information to through the App, your username and password for your accounts and online service providers. Other information collected may include device identification as well as technical data and related information, including but not limited to technical information about your device, system and application software. The App may also collect information regarding what content you send through the App and who you send it to (“Transmission Data”). The App may also use cookies or other passive tracking mechanisms and tools to collect information in order to facilitate your use of the App. Furthermore, Gates may collect aggregated non-personal data from all users of the App, such as amount of use, nature of inquiries, etc. (“Aggregate Data”). Gates will only use the Aggregate Data to assess the overall use of the App by users in order to determine how the App is being used and how it and other products can be improved.

Please keep in mind that the nature of the App and services may be interactive, and as part of your use of the App you will be provided the opportunity to share information and content with third parties, including information such as your location. You should use caution when deciding what information and content to share through the App.

Gates does not share personal information about you (i.e., information that can be associated with you personally, but excluding information such as your location which is collected without association with you individually) with any third parties. Gates may share Aggregate Data with vendors who assist Gates in providing its products and services; with Gates’ affiliated companies, including any parent or subsidiaries of Gates. Gates may share data about end users if Gates believes it is necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.), or other legal requirements of any governmental authority; if Gates believes it would potentially mitigate Gates’ liability in an actual or potential lawsuit; if Gates believes it is permitted by law or if doing so will not violate the law; or if Gates believes it is otherwise necessary to protect Gates’ rights or property; or is necessary to protect the interests of other users of the App. In the unlikely event that all or part of Gates’ business is sold or acquired by a third party, Gates will transfer such information to the new business owner.

13. Security.

The App has security measures built in to protect against the unauthorized use, loss, misuse and/or alteration of the App and related data and information. You may not make any effort to circumvent these measures.

14. Compliance with Laws and Government Users.

You shall comply with all applicable laws regarding the use of the App. You shall adhere to the U.S. Export Administration Laws and Regulations and shall not export or re-export the App or any technical data to any proscribed country listed in the U.S. Export Administration Regulations unless properly authorized by the U.S. Government and Gates. The App is a "commercial item" as that term is defined in 48 C.F.R. 2.101 (October, 2004) consisting of "commercial computer software" and "commercial computer software documentation” as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3, 227.7202-4 (October, 2004). If you are in the U.S. Government or any agency or department thereof, the App is licensed (a) only as a commercial item and (b) with only those rights as are granted hereunder.

15. Governing Law.

This Agreement and use of the App will be governed by the laws of the State of Colorado, USA, notwithstanding Colorado choice of law provisions. All parties submit to the jurisdiction of either the Courts of the State of Colorado or U.S. Federal District Courts within Colorado and agree to accept service of process by registered or certified mail, return receipt requested, in accordance with Colorado or Federal rules of civil procedure.

16. Entire Agreement; Updates.

This Agreement contains the entire agreement of the parties with respect to the App. It supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. Gates reserves the right to update and/or change the terms and conditions of this Agreement at any time. Gates will make updated and/or changed terms and conditions available to you by sending them or a notice to you, posting them on Gates’ website, and/or providing them as a new click-through Agreement that must be accepted before continued use of the App is permitted. Your continued use of the App constitutes your agreement to the updated and/or changed terms and conditions. If you do not agree to the updated and/or changed terms and conditions, you will not be able to continue use of the App.

17. Contact.

If you have any questions about the App or this Agreement, you can contact us at PTMarketing@gates.com

Appendix 1
Certain Additional Terms

Depending on which Mobile Platform(s) you use to access the App, the following terms and conditions also apply as part of this Agreement and your license to the App.

Blackberry Users (including Blackberry handheld devices and Blackberry tablet computers)

Portions copyright (c) 2002-2011 Research In Motion Limited. All rights reserved.

You acknowledge that the App has been provided to you with certain application templates, code stubs, code snippets, example applications, sample code and code fragments in source code form that were provided by Research In Motion Ltd. (“Distributable Code”). Upon written request from you, Gates will identify to you the Distributable Code.

You acknowledge that your rights to the Distributable Code are subject to the following: (A) the license granted is a non-exclusive, terminable license for you to use the Distributable Code only on or in conjunction with the App; (B) except for the limited license to use the Distributable Code on or in conjunction with the App, you acquire no intellectual property or other proprietary rights, including, without limitation, patents, designs, trademarks, copyright or rights in any confidential information in or related to the Distributable Code; (C) reverse engineering the Distributable Code is prohibited, except to the extent that such restrictions cannot be enforced under applicable law; (D) you must cease all use of the Distributable Code within a reasonable period of time following expiration or termination of this Agreement; (E) RIM shall not be liable to you for any damages whatsoever; (F) you shall import, export, re-export and use the Distributable Code only in accordance with the laws and regulations of the of the country(ies) and/or territory(ies) in which the Distributable Code is used, imported, exported and/or re-exported; (G) neither Gates nor RIM make any warranties, express or implied, related to the Distributable Code; and (H) you shall not alter any copyright, trademark or patent notice in the Distributable Code.