LIMITATIONS OF LIABILITY /DISCLAIMER:

Jekko Lift Planner calculation simulator (hereafter the "Software") calculates the ground pressure (loads) of the cranes manufactured by Jekko Srl depending on the configuration chosen and the loads they will lift. This simulator is an aid instrument but has no value towards third parties as load test of the loads that the selected model of Jekko crane will be able to lift, rotate or lower, or of the radiuses the crane will adopt to carry out the above-mentioned operations in real conditions. Moreover, the simulator will not replace the operator manual of a specific crane, the applicable safety manuals or the sector standards and/or regulations. Some factors – such as the environmental conditions (gradient of the ground, wind, etc.), the weights, the crane configuration, etc. – affect the calculations generated by the Software therefore it is crucial to abide by all the requirements of the load diagram as well as the specifications of the crane safe operation. The accuracy of the Software calculations totally depends on the user entering correct and true data/information. The engineering of a ground support able to bear the expected loads is the sole responsibility of the software user and/or of the site/yard supervisor. Relying on inaccurate calculations and/or on an unsuitable ground support might cause the crane to tip over and, potentially, might result in death, serious personal injuries, damage to the crane and/or to other properties. For any information and/or explanation on the Software characteristics, please contact Jekko Srl.

Although Jekko Srl provides the Software free of charge, any commercial use or distribution of the Software is strictly prohibited. The Software is provided "as is" without warranty of any kind, including but not limited to any warranty of merchantability or fitness for a particular purpose. You assume all risks arising from the use or performance of the Software. To the maximum extent permitted by law, neither Jekko Srl nor its suppliers shall be liable for any damage arising out of the use or inability to use the Software. In order to install and use the Software you must read and accept the terms of the General Terms and Conditions of Use of the Software.

GENERAL TERMS AND CONDITIONS OF SOFTWARE USE

1. The purpose of these terms and conditions is to regulate the online use by authorised users of the calculation simulation software called Jekko Lift Planner (hereinafter referred to as the Software). This software allows the calculation of the ground pressures (loads) of the cranes produced by Jekko Srl according to their configuration and the loads they will lift. The Software, produced and developed by Cranimax GmbH, is made available by Jekko Srl to its customers via the web interface https://liftplanner.jekko-cranes.com , which is managed by Cranimax GmbH.

1. MEANINGS OF TERMS

1.1 In these General Terms and Conditions, the following terms are defined accordingly:

• General Terms and Conditions: these general terms and conditions which allow the use of the Software by authorised users;
• Cranimax GmbH: company with registered office at Amerikastraβe 14, D-66482 Zweibrϋcken - VAT no. DE 813527436;
• Cranes: cranes produced and built by Jekko Srl;
• Jekko: Jekko Srl company with head office in Via Campardone 1, Colle Umberto (TV) Italy P. IVA. IT04780320265;
• Interface: web interface https://liftplanner.jekko-cranes.com
• Software: the Jekko Lift Planner software that allows the planning and calculation of the ground reactions (loads) of the cranes produced by Jekko Srl according to their configuration and the loads they will lift;
• User: the customer enabled by Jekko who accesses the Interface, which is managed by Cranimax GmbH.

2. REGISTRATION

2.1 To use the Software, the User must connect to the Interface and proceed with registration, providing all the data requested in the relevant registration form and following the procedure indicated therein. At the same time, the User will be asked to accept and approve these General Terms and Conditions by following the instructions indicated therein.

2.2 The User undertakes to notify Jekko promptly of any change in the above data. The User warrants the truthfulness and completeness of the information sent to Jekko and will be personally liable for any error, forgetfulness or failure to update it.

2.3 To register and to use the Software, the User must have a functioning Internet data connection, as well as secure and up-to-date virus protection.

2.4 Jekko will send the User confirmation of registration by e-mail to the address he/she has given. This message will also inform the User of the acceptance or rejection of his request. Accordingly, the contract will only be deemed to be concluded and come into force when the User receives written confirmation from Jekko that he/she has been granted access.

2.5 Following registration, the User will receive access credentials. Use of the Software is restricted to the registered User. The User is under the obligation to guarantee the confidentiality of the credentials, undertaking not to communicate them to third parties, and acknowledges that he/she alone will be responsible for the consequences of their use, including fraudulent use, maintaining exclusive responsibility for the activities, of whatever nature, carried out on his/her account. In this sense, the User hereby declares to indemnify and hold harmless Jekko from any and/or all claims and/or demands, direct or indirect, that may be made against it as a result of any infringement of the account, and therefore for any damage, loss or expense that it may suffer as a result of such claims and/or demands.

3.USING THE SOFTWARE

3.1. Subject to the terms and conditions of these General Terms and Conditions, Jekko grants the User a non-exclusive, non-transferable right to use the Software through the Interface free of charge. This right of use is limited to the duration of the contract between Jekko and the User.

3.2. The agreement between the User and Jekko does not give rise to the transfer of software or the granting of wider rights of use. On the expiry of the agreement between the User and Jekko for whatsoever reason, the User is no longer entitled to access the Software through your account, or any results that have been stored in the Interface. Jekko also reserves the right to revoke and/or block the User’s access in the event of misuse.

3.3. Jekko is entitled at any time to amend these General Terms and Conditions, to introduce any other terms and conditions and to make technical changes to the Software, including the addition or deletion of individual functions and features. In the event of substantial changes, Jekko will inform the User before the intended change takes effect, by email or by other appropriate means of making such changes known.

4. DATA ENTRY. WARRANTY AND LIABILITY

4.1 On successful completion of the registration and enabling procedure, the User may access the Jekko Lift Planner service through the web interface https://liftplanner.jekko-cranes.com/.

4.2. The User is solely responsible for verifying the adequacy and suitability of the data entered. Irrespective of the results produced by the Software, Users and operators shall nevertheless carefully observe all operating instructions, operating manuals and warnings relating to the Cranes.

The software takes account of a rigid body, so the calculation and the actual reaction may be different. Furthermore, the software does not take into account:

• environmental conditions: slope of the ground, wind, etc.
• The weights of the customer's crane may differ slightly from those of the simulator (accessories, trays, tools, etc.).
• The crane operator may not respect the simulation data: e.g. same load but larger radius.

4.3. The use of the Software is permitted as found, without any guarantee that the functions contained and described in the specifications meet the legal requirements or the needs of the User, who, prior to the conclusion of this agreement, shall have fully checked and assessed, at his personal responsibility, the satisfaction of needs and requirements.

4.4. The use of the Software and the generation of hoist results shall in no way be construed as Jekko and/or Cranimax making any warranty, representation or guarantee, or otherwise binding statement with respect to the hoist, the results generated therefrom, or whether or not the use of the crane model selected by the User is actually possible under the conditions specified by the User. The User shall be solely responsible for the use of his/her model of crane.

4.5. Jekko assumes no obligation and makes no warranty beyond those expressly described herein. Except in cases of wilful misconduct or gross negligence, Jekko or its suppliers are expressly excluded from any liability for direct or indirect damage of any kind that the User or third parties may suffer as a result of the use or lack of or of limited use of the Software. Jekko also assumes no responsibility for the availability and proper functioning of the Interface. In this regard, the User acknowledges and declares that he/she has no claim against Jekko and/or Cranimax GmbH in the event of any technical malfunction that may affect access to the Interface or its correct and complete functionality.

5. INTELLECTUAL PROPERTY RIGHTS - CONFIDENTIALITY

5.1 The User, also on behalf of its directors, partners, collaborating staff, professionals, technicians and/or employees, undertakes not to allow third parties to use or reproduce the Software in any form whatsoever. The User also undertakes, including on behalf of its directors, partners, collaborating staff, professionals, technicians and/or employees, not to copy, modify, create software derived from or in any way attempt to discover any source code, sell, alienate, sub-licence, confer or transfer any rights to the Software to third parties.

5.2 The User undertakes to keep confidential any data and technical characteristics of the Crane communicated to the User by Jekko.

6. TERMINATION OF THE CONTRACT

6.1. Jekko also reserves the right to revoke and/or block the User’s access in the event of misuse.

6.2. The User and Jekko are entitled to terminate the contractual relationship for cause without notice.

6.3. Any termination must be made in writing with notice to the addresses identified above.

7. APPLICABLE LAW - PLACE OF JURISDICTION

7.1 These General Terms and Conditions are governed by Italian law.

7.2 Any dispute arising between the parties in connection with the interpretation and/or execution of these General Terms and Conditions shall fall under the exclusive jurisdiction of the Court of Treviso (Italy).

8. MISCELLANEOUS CLAUSES

8.1 The invalidity of one or more clauses or paragraphs contained in these General Terms and Conditions shall not affect the remaining provisions of the Agreement or any part thereof. In the event that one or more of such clauses is declared invalid by a final decision, decree or judgment of the courts, this Agreement shall be construed as if such invalid clause(s) or paragraph(s) had not been included therein.

8.2 The failure of either Party at any time to enforce its rights under any provision of the Contract shall not be construed as a general waiver of such rights, nor shall it prevent that party from subsequently requiring strict and exact compliance with any and all provisions of the Contract.

8.3 The original version of these General Terms and Conditions is in Italian. In the event of any translations, the Italian text shall be the reference text.

Pursuant to and for the purposes of Article 1341 of the Italian Civil Code, the User declares that he/she specifically approves the following clauses: 2.5 (Registration - indemnity); 4.4 (Warranty); 4.5 (Limitation of liability); 7.2 (Competent Court).