Dover Fueling Solutions 9/3/2024

Terms and Conditions of Sale – Products & Services DFS Proprietary and Confidential Rev. February 13, 2020 Page | 4 5.5 The warranties and remedies set forth herein are expressly conditioned upon (a) proper storage, installation, use, operation, and maintenance of Products; (b) Buyer’s keeping complete, accurate records of operation and maintenance during the warranty period and providing Seller access to those records; and (c) modification or repair of Products or Services only as authorized by Seller in writing. Failure to meet any such condition renders the warranty null and void. Seller is not responsible for normal wear and tear. 5.6 Notwithstanding the preceding provisions of this Article 5, in the event Seller provides Products to Buyer at no charge, including free accounts, trial use, and access to Beta Versions (as defined below) (“No-Charge Products”), Buyer’s use of No-Charge Products is subject to any additional terms that Seller may specify. Buyer’s use of No-Charge Products is only permitted for the period designated by Seller. Buyer agrees not use No-Charge Products for competitive analysis or similar purposes. Seller may terminate Buyer’s right to use No-Charge Products at any time and for any reason in Seller’s sole discretion, without creating any obligation to Buyer. Buyer understands that any pre-release and beta products made available by Seller (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Products. Seller makes no promises that any Beta Versions will ever be made generally available. In some circumstances, Seller may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this Section 5.6. All information regarding the characteristics, features or performance of Beta Versions constitutes Seller’s Confidential Information. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER DISCLAIMS ALL OBLIGATIONS OR LIABILITIES WITH RESPECT TO NO-CHARGE PRODUCTS, INCLUDING ANY SUPPORT AND MAINTENANCE, WARRANTY, AND INDEMNITY OBLIGATIONS. 5.7 This Article 5 provides the exclusive remedies for all claims based on a failure of or defect in Products or Services, regardless of when such failure or defect arises, and whether a claim, however described, is based on contract, warranty, indemnity, tort/extra-contractual liability (including negligence), strict liability or otherwise. The warranties provided in this Article 5 are exclusive and are in lieu of all other warranties, conditions and guarantees, whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTY, OR WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES. 6.Confidentiality 6.1 Seller and Buyer (as to information disclosed, the “Disclosing Party”) may each provide the other party (as to information received, the “Receiving Party”) with Confidential Information in connection with this Contract. “Confidential Information” means (a) information that is designated in writing as “confidential” or “proprietary” by Disclosing Party at the time of written disclosure, and (b) information that is orally designated as “confidential” or “proprietary” by Disclosing Party at the time of oral or visual disclosure and is confirmed to be “confidential” or “proprietary” in writing within 20 days after the oral or visual disclosure. “Confidential Information” of Seller also includes information defined as “Proprietary Information” in the End User License Addendum. In addition, prices for Products and Services will be considered Seller’s Confidential Information. 6.2 Receiving Party agrees: (a) to use the Confidential Information only in connection with the Contract and associated Products and Services; and (b) to take reasonable measures to prevent disclosure of the Confidential Information to third parties. The reasonable measures that Receiving Party shall take to prevent disclosure of the Confidential Information include the same security measures and degree of care that Receiving Party applies to its own confidential information, which Receiving Party warrants as providing adequate protection from unauthorized disclosure, copying or use. 6.3 Notwithstanding the restrictions set forth in 6.2, (a) Seller may disclose certain Confidential Information to its representatives, affiliates, and subcontractors in connection with performance of the Contract; (b) a Receiving Party may disclose Confidential Information to its auditors; (c) Buyer may disclose certain Confidential Information to lenders as necessary for Buyer to secure or retain financing needed to perform its obligations under the Contract; and (d) a Receiving Party may disclose Confidential Information to any other third party with the prior written permission of Disclosing Party, and in each case, only so long as the Receiving Party obtains a non-disclosure commitment from any such subcontractors, auditors, lenders or other permitted third party that prohibits disclosure of the Confidential Information and provided further that the Receiving Party remains responsible for any Terms and Conditions of Sale – Products & Services