Superior Industries End User License Agreement

You agree and consent to this End User License Agreement (“Agreement”). By your use of the software, software as a service, and/or applications maintained by Superior Industries (“Content”), you agree to be bound by this Agreement and the applicable Privacy Policy available at https://superior-ind.com/vantage-privacy-policy

Terms and Conditions

You agree not to re-distribute, copy, modify, reverse engineer, decompile, transmit or publish any of the Content or related products;
use, import, export the Content or related products in any way that violates any applicable law.

Intellectual Property

Superior Industries retains sole ownership of and reserves all rights in the Content, the related products and any data generated thereby (provided, however, that the Privacy Policy shall govern the ownership and use of your information), as well as all intellectual property rights associated therewith. No license or other right is granted in any Superior Industries information or intellectual property rights except as expressly granted in this Agreement.

Limitations on liability and damages for use of Content and related products
THE CONTENT AND RELATED PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

Neither you nor Superior Industries will be liable for any indirect, incidental, punitive, special or consequential damages under this Agreement, arising out of or related to the Content or related products. Superior Industries will not be liable to you hereunder or for any claim or punitive claim arising under the Content or related products in any amount in excess of the actual amounts paid by you to Superior Industries.

Indemnification

You agree to defend, hold harmless and indemnify Superior Industries and its employees, officers, directors, shareholders, agents, successors, licensors and subcontractors, from and against any claim, liability, damage, loss or expense, including reasonable attorneys’ fees, arising out of or connected with:

• Your use of the Content or related products
• Your violation of any part of this Agreement or any applicable law or regulation
• Your violation of any third party right, including any intellectual property right

Superior Industries reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Superior Industries’ defense of such claim.

Term; termination

This Agreement will become effective when you first indicate your acceptance of this Agreement. Either party may terminate this Agreement for any reason or no reason at any time upon written notice to the other party.

Miscellaneous

You acknowledge and agree that you and Superior Industries are independent contractors hereunder and that this Agreement does not create a join venture. This Agreement is binding upon, inures to the benefit of, and is enforceable by the parties and their respective successors and assigns. The unenforceability of any provision will not affect any other provision in this Agreement, and any unenforceable provisions will be limited or eliminated to the minimum extent necessary. Failure to insist upon the performance of, or to exercise any rights under, this Agreement will not be construed as a waiver of any future performance or the future exercise of any such right.

Governing Law

This Agreement and any claim or punitive claim arising hereunder or related hereto will be governed by the laws of the State of Minnesota, without reference to conflict of law principles.

Updates to this Agreement

Superior Industries may revise this Agreement at any time. Your continued use of the Content or related products shall comprise your acceptance of the revised Agreement.

Additional Requirements for Apple App

If you are using the Content and related products through mobile application software on an Apple Inc. (“Apple”) device (“Apple App”) you additionally acknowledge and agree to the following: (i) this Agreement is between you and Superior Industries only, not with Apple, and Apple is not responsible for the Apple App or the Content or related products; (ii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App; (iii) you may use the Apple App on any Apple device you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service; (iv) in the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the Apple App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apple App; (v) Superior Industries (and not Apple) is responsible for addressing any claims by you or any third party relating to the Apple App or your possession and/or use of the Apple App, including: (1) product liability claims; (2) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation; (vi) in the event of a third party claim that the Apple App and/or your possession and use of the Apple App infringes that third party’s intellectual property rights, Superior Industries (and not Apple) is responsible for the investigation, defense, settlement and discharge of any such claim to the extent any such obligation exists; (vi) Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement solely with respect to this paragraph; (vii) you represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Notice

Any notice required to be made to Superior Industries must be sent to:

Superior Industries
Attn: Legal Department
315 E Highway 28
PO Box 684
Morris, MN 56267 USA

By installing, downloading, activating or using the Content or related products, you consent to receipt of any notice at the email address provided.

Electronic Agreement

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC ACCEPTANCE CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND HEREUNDER.

Rev. May 2020