SHOP.CAT.COM TERMS OF USE

Welcome to shop.cat.com/primecatcorp, a Caterpillar Inc. website that offers Users the ability to browse, shop for, and, in some cases, purchase certain Cat machines and attachments. These terms and conditions ("Terms of Use") govern your access to and use of https://shop.cat.com/primecatcorp (the "Site", including all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Site ("Content")). This is an agreement between you or the entity you represent ("you") and Caterpillar Inc., a Delaware corporation with offices located at 510 Lake Cook Rd Ste 100, Deerfield, IL 60015 (together with our subsidiaries that may make the Site available to you, "Caterpillar," "we," "us," or "our"). Caterpillar is willing to grant access to and use of the Site to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITE AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. All such modifications and changes shall apply to your access and use of the Site and Content from and after such modifications and changes are posted at https://shop.cat.com/primecatcorp. Your continued access to and use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time at https://shop.cat.com/primecatcorp

Networked Sites and eSites

Caterpillar uses cat.com as an entry into many networked websites operated by Caterpillar and its subsidiaries ("Networked Sites"). Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites. If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use. Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.

Caterpillar dealers are independently owned and operated. Caterpillar dealers are not agents of Caterpillar. Shop.cat.com/primecatcorp includes customized "eSites" that provide dealer-specific information based upon input and data provided by each individual Caterpillar dealer, for example: shop.cat.com/primealtorfer. Caterpillar does not control, and does not have responsibility or liability for the content, availability, operation or performance of, said eSites.

The terms of sale (including the price) under which each Caterpillar dealer sells Cat products to you are set independently by each such dealer.

Shop.cat.com/primecatcorp also includes links to dealer websites, which are not Caterpillar websites. Caterpillar does not control, and does not have responsibility or liability for the content, availability, operation or performance of, dealer websites.

Use of Site

You may access and use the Site solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and Caterpillar policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:

• Access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
• Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, including by hacking, password "mining" or any other illegitimate means.
• Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
• Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Caterpillar, including but not limited to personal identification or information.
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Caterpillar's systems or networks, or any systems or networks connected to the Site or to Caterpillar.
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or with any other person's use of the Site.
• Distribute viruses or any other technologies that may harm Caterpillar or the interests of property any other person or entity, including any other user of the Site.
• Circumvent or manipulate our fee structure, the billing process or fees owed to Caterpillar, its dealers or its business associates.
• Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Caterpillar on or through the Site.
• Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• Use the Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Caterpillar or others.

Intellectual Property Rights

Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:

• That Caterpillar owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide ("Intellectual Property Rights") in connection with or relating to the Site and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content or contained on the Sites ("Caterpillar IP").
• That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to the Site or Content.
• Caterpillar owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Caterpillar IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Caterpillar, including without limitation assigning (and you hereby assign) to Caterpillar all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to the Site or Content.
• No part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Caterpillar's express prior written consent which should be addressed to: www.cat.com/logo.
• That all marks that appear throughout the Site and Content belong to Caterpillar, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of Caterpillar or the owner of the mark, as appropriate, is strictly prohibited.
• Caterpillar may, at its sole discretion, disable and terminate access to the Site and Content by any persons or entity that may be infringing the Intellectual Property Rights of Caterpillar or others.

Grant of License

Caterpillar grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Site solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:

• Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Site or Content.
• Sublicense, lease, sell, rent, loan, or otherwise transfer the Site or Content to any third party.
• Reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for the Site or Content.
• Otherwise use or copy the Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
• Use the Site or Content in a "service bureau" or similar structure whereby third parties obtain use of the Site or Content through you.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Site or Content.

Copyright Agent

Caterpillar respects the rights of all copyright holders and in this regard, Caterpillar has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Caterpillar's Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Caterpillar's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent
100 N.E. Adams St.
Peoria, IL 61629-9620
Email:CopyrightAgent@caterpillar.com

Submissions

Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Caterpillar applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Caterpillar for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Caterpillar, or postings on this Site, are non-confidential (subject to Caterpillar's Privacy Policy) and shall become the sole property of Caterpillar. Caterpillar shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Caterpillar, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Privacy

When you access or use the Site, it may ask you for optional personal information (including your name and an identifier for your computer). Caterpillar collects such information, along with system information about the computer that you are using, including, the name of your computer, the operating system in use on your computer, the version of the software you are running and the IP address of your computer in order to validate that you are authorized to use this Program, to improve Caterpillar products and services, and to enable Caterpillar dealers to understand who within its service territory is using the Site. Caterpillar may provide such information to its affiliates, subsidiaries or other trusted businesses or persons, including Caterpillar dealers. Caterpillar will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Caterpillar may, or you may by using the Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located. By entering such information and/or using the Site, you consent to the collection, processing and transfer of the information by Caterpillar consistent with this paragraph. Our Website Privacy Statement provides additional information on our data collection and processing practices on the Websites described therein. We may update our Website Privacy Statement at any time. Additional or different privacy policies may apply to specific Sites.

Interactive Forums and User Materials

The Site may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

• Upload to, distribute or otherwise publish through the Site any message, data, information, text or other material ("User Materials") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
• Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
• Without Caterpillar's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Caterpillar takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Caterpillar is only a forum and is not liable for any statements, representations, or User Materials provided by its users.

Caterpillar has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Caterpillar may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Caterpillar reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.

You shall remain solely liable for of any messages or other User Materials you upload or transmit to the Site, including the discussion forums or interactive areas of the Site.

Forward Looking Statements

The Site, and any documents issued by Caterpillar available through the Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as "believe," "estimate," "will be," "will," "would," "expect," "anticipate," "plan," "project," "intend," "could," "should" or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements. Caterpillar's actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers', dealers' and suppliers' ability to access and manage liquidity; (v) political and economic risks and instability, including national or international conflicts and civil unrest; (vi) our and Cat Financial's ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of Cat Financial's customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realize expected benefits from acquisitions, including ERA Mining Machinery Limited, and divestitures, including the divestiture of the Bucyrus International, Inc. distribution business to our independent dealers; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the Caterpillar Production System; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our or Cat Financial's compliance with financial covenants; (xxi) increased pension plan funding obligations; (xxii) union disputes or other labor matters; (xxiii) significant legal proceedings, claims, lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions legislation and/or regulations are adopted; (xxv) changes in accounting standards; (xxvi) failure or breach of information technology security; (xxvii) adverse effects of natural disasters; and (xxviii) other factors described in more detail under the sections captioned "Management's Discussion and Analysis" and "Risk Factors" in our Form 10-K filed most recently filed with the U.S. Securities and Exchange Commission.

Press Releases

The Content contained within press releases issued by Caterpillar should not be deemed accurate or current except as of the date the release was posted. Caterpillar has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

No Warranties

CATERPILLAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE "CATERPILLAR PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CATERPILLAR PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITE AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITE AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

Limitation of Liability; Remedy

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE CATERPILLAR PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF CATERPILLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL CATERPILLAR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO CATERPILLAR WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification

You agree to indemnify, defend and hold harmless each of the Caterpillar Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of the Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Caterpillar Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

Termination

Caterpillar, in its sole discretion, may terminate your username and password and your right to access or use the Site and Content at any time for any reason. The license granted herein will automatically terminate without further action of Caterpillar if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Site and Content and destroy all copies, full or partial, of all Confidential Information. At Caterpillar's request, you will provide Caterpillar with a written statement signed by you or your duly authorized representative certifying that the all Confidential Information has been so destroyed. The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export Compliance, Contractual Statute of Limitations, and Choice of Law; Severability shall survive the termination of these Terms of Use.

Updating Sites

We reserve the right, in our sole discretion, to change the Site and Content at any time without notice, including the removal of the Sites and Content. As new or enhanced versions of the Site are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by Caterpillar, any new or enhanced versions of the Site, Content and Services are subject to the terms of these Terms of Use.

Linked Sites

The Site may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Caterpillar's control, and Caterpillar is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Import and Export Compliance

You may not use or otherwise export or re-export the Site or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Site and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Site and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use the Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

U.S. Government Rights

The Site and Content are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Contractual Statute of Limitations

You agree that you will not assert against Caterpillar any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.

Dispute Resolution and Mandatory Arbitration

All disputes, claims and controversies relating in any way to your use of the Site or Content, or to any products or services sold or distributed by such Site, or otherwise arising out of or relating to these Terms of Use will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Chief Legal Officer, Caterpillar Inc., 100 N.E. Adams St., Peoria, Illinois 61629. The arbitration will take place in Chicago, Illinois in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under "Contractual Statute of Limitations." In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The arbitration panel shall consist of one individual appointed by Caterpillar and you. Such individual shall (i) have been selected from the AAA's list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the Dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the Dispute. If Caterpillar and you fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA. Such office shall, within five days after notice by any party to these Terms of Use, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph. The arbitrator shall render its decision as soon as reasonably possible after its appointment and must follow the terms of these Conditions of Use.

This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.

The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.

Choice of Law; Severability

These Terms of Use shall be governed by the laws of the State of Illinois, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or User Materials on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Entire Agreement

These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Site, and Content and supersedes and replaces all prior agreements. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.

Inquiries

Should you have any questions concerning these Terms of Use, write to Caterpillar Inc., 100 N.E. Adams St., Peoria, IL 61629-6490, Attn: Deputy General Counsel, Commercial Section.

PRIVACY NOTICE FOR SHOP.CAT.COM

Last Revised: January 28, 2021

This privacy notice describes how Caterpillar collect(s), share(s), and process(es) the personal information through https://shop.cat.com/primecatcorp (“Shop” or this “Site”). This notice is consistent with Caterpillar’s Global Data Privacy Statement and provides additional details relevant to Shop. Caterpillar’s Global Data Privacy Statement, which should be read with, and treated as part of this notice, is available at https://www.caterpillar.com/dataprivacy.

User-Provided & Collected Information

Shop is an interactive website that allows a user to search for, order, purchase and seek financing for certain Caterpillar products (collectively, the “Products” and, individually, a “Product”). This Site includes descriptions of the Products. If the user wants to determine Product availability and, in some cases, purchase a Product, the user will be sent to a customized “e site” (each, an “E Site”) for an authorized Cat dealer (each, a “Dealer”). Shop also allows the user to seek financing the purchase of a Product. Each E Site provides Dealer-specific information relating to Products based upon input and data provided by each individual Dealer. See, for example, shop.cat.com/primealtorfer. The terms of sale (including the price) under which each Dealer sells Products to a user are set independently by each such Dealer.

Caterpillar collects personal information that a user voluntarily provides to this Site. A Dealer may collect personal information that a user voluntarily provides to a Dealer’s E Site. Personal information is any information about a specific individual or that identifies or may identify a specific individual. For example, if a user requests additional information on a Product or places an order, the user will be asked for information such as the user’s name, company name, address, telephone number and e-mail address. This allows Caterpillar or a Dealer to interact and communicate with you. When the user searches for a Product or a service on this Site (e.g., instructions) the user might also provide information relating to the user’s or other’s equipment (e.g., machines, engines), equipment fleet or other business information. The user may store information relating to the user’s or other’s equipment (e.g., machines, engines), equipment fleet or other business information. If requested by the user, this stored information may be provided to a Dealer. In addition, the stored information may be used by the user to facilitate the purchase of Products from a Dealer. When the user purchases a Product on this Site, the user will be asked to provide the applicable Dealer name, address and other information relating to the fulfillment of the order. In addition, the user will also provide payment information (e.g., credit card data) in connection with a purchase that will only be made available to third parties involved in collecting and processing such information, such as the third party collecting such information and the third-party payment processor. In addition, the user may finance the purchase of Products. The user will be redirected to another website where they will be asked to provide personal information. See Website Linkages below. Similarly, if the user e-mails us through the “Contact Us” link, we will ask for the user’s name and e-mail address (the user may choose to provide additional information as well) so that we can respond to the user’s questions or comments. Any fields that are optional (as opposed to required) will be designated as such.

Other examples of how your information may be used include, but are not limited to, the delivery of marketing communications or promotional materials, improvements to the website, products, and services Caterpillar and the Dealers provide, and detecting, preventing, and responding to misuse of the website (i.e., fraud, violation of law, etc.). The user may also be asked to complete a survey relating to the user's experience with using this Site. This may involve the user providing personal information that will be used in administration of the survey process and to improve the website.

Information provided by a user in connection with a purchase will be used by the Dealer making the sale to enable them to fulfill the order and to maintain records for service, warranty and other purposes. Dealers may post a separate privacy policy on Shop. Caterpillar encourages users to read these posted Dealer privacy policies.

In addition to sharing personal information with dealers, we may share personal information with our affiliated companies, suppliers, and business partners who may use it for the purposes listed in this notice.

Users are advised that information provided may be combined and cross referenced with other information you have provided to us. For example, if you provide your contact information we may be able to provide additional information on products you own and services you use. An additional example would be if you visit other Caterpillar websites, we may personalize experiences and deliver content (including advertising) tailored to your interests.

This Site may directly authenticate or connect a user to an authenticated (or logged in) experience based on the user’s digital activity or data inputted by the user. An authenticated experience occurs when a set of log-in credentials are obtained from the users and will allow for additional access and experiences not allotted to non-authenticated users. In these circumstances an anonymous user is not acceptable or allowed. Common authenticated users include Caterpillar and Dealer personnel, customers, & affiliates. In an authenticated experience we collect the information discussed in the section above which will now be tied to an authenticated account profile and additional information associated with the account profile. In the event the user provides personal information on behalf of another individual the user should ensure proper consent is obtained from the individual. Examples of how this information may be used (but not limited to) include requesting, accessing, and managing Caterpillar systems, services, or programs.

Some additional personal information we may collect includes personal preferences and authenticated account information.

• Personal Preferences allows us to provide an experience adjusted to the way you prefer to ingest content.
• Authenticated Account Information is an identity profile which is requested or created by the user and collected by Caterpillar to ensure you are an authorized user.

Do Not Track Signals

At this time, this Site does not respond to “Do Not Track” signals that may be sent by your browser. We may revisit this as standards develop on how such signals should be interpreted and applied.

Cookies and Tracking Technologies

Cookies and other tracking technologies, in general, are used to improve website and application efficiency, enable better processing of information, and for various other reasons. To learn more about this Site’s usage of cookies, select the “Cookie Settings” link in the footer of this Site. In addition, certain data collected by these cookies may be provided to a Dealer or another third-party service provider for Caterpillar or the Dealer.

Third Party Integration, Services and Tracking

We link to third party solutions that enable third-party companies to collect certain information when you visit this Site. These companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and information that may allow for identifying you (e.g., static IP address) during your visits to this Site and other websites in order to provide advertisements for products likely to be of greater interest to you or advertising-related services, such as ad delivery, reporting, attribution, analytics, and market research. These third parties typically use a cookie, pixel tag, web beacon or other similar tracking technologies to collect this information. For example, in the course of visiting our site, these third parties may place or recognize a unique cookie on your browser in order to collect certain information about you and your interest in our Products and could be used to show you ads on other websites based on your interests. This information may also be used to relate devices which belong to the same user (based on user behavior or other information collected) or re-identified to an individual user (e.g. an email address) or used to personalize experiences and deliver content (including advertising) tailored to your interests if you visit other Caterpillar websites, as examples. More information on these is available from the Cookie Settings link in the footer of this site. In addition, three of these third parties are described below:

• Bing Ads collect user information (including personally identifiable information) from Microsoft online properties, apps and other technologies like tags, pixels or unique tracking codes (“Bing Ads User Data”). Microsoft uses Bing Ads User Data for purposes of delivering Bing Ads including, where applicable, retargeting and conversions. Microsoft uses Bing Ads User Data for its own purposes, including to improve its services. To learn more about how Microsoft collects, uses and processes personally identifiable information, including information on how to control the use of your data for interest-based advertising from Microsoft, please see its Privacy Statements at https://privacy.microsoft.com/en-us/privacystatement.

• Facebook collects user information (including personally identifiable information) from Facebook, Instagram, Messenger and other products and features offered by Facebook apps and other technologies like tags, pixels or unique tracking codes (“Facebook User Data”). Facebook uses Facebook User Data for purposes of delivering Facebook Ads including, where applicable, retargeting and conversions. Facebook uses Facebook User Data for its own purposes, including to improve its services. To learn more about how Facebooks collects, uses and processes information and how you can manage or delete information about you please see its Data Policy at https://www.facebook.com/about/privacy.

• Google Analytics is a third party analytics service. We use Google Analytics to collect information about the use of this Site. Google Analytics collects information on visitor behavior on this Site such as how often users visit this Site, what pages they view when they do so, and what other websites they used prior to coming to this Site. We use the information we get from Google Analytics to analyze user behavior, improve Site performance, personalize the user experience, and analyze the effectiveness of our marketing campaigns. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. Google Analytics anonymizes the IP address before it is stored. We do not receive the non-anonymized IP address. We may combine the Google Analytics data with first and third-party data information which may include personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. To learn more about how Google collects and uses data, visit https://policies.google.com/privacy/partners.For opt-out options specific to Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

Website Linkages

As users explore this Site they may encounter linkages to other Caterpillar and non-Caterpillar websites. Users are advised that as links are selected they may encounter different features and experiences that may have different privacy notices and processes not associated with this Site. This Site may also include links to Dealer websites, which are not Caterpillar websites. Caterpillar does not control, and does not have responsibility for the content, availability, operation or performance of the Dealer websites. The user will be subject to the Dealer’s privacy policies while on a Dealer’s website. Caterpillar encourages users to read the posted Dealer’s privacy policy.

Where can I obtain further information about this Site and its privacy practices?

For additional information about Caterpillar’s privacy practices, including corporate contact information, please see the Global Privacy Statement at https://www.caterpillar.com/dataprivacy

What happens if this privacy notice changes?

We reserve the right to amend this privacy notice. If we update or change this privacy notice, the changes will be made on this page. Your use of the Site following the posting of changes to this privacy notice will demonstrate your acceptance of those changes.

SOCIAL MEDIA PHOTO AND VIDEO TERMS AND CONDITIONS

SOCIAL MEDIA PHOTO AND/OR VIDEO SUBMISSION PROMOTIONS TERMS AND CONDITIONS

By replying with #YesCaterpillar, I hereby agree to the following Terms & Conditions for Social Media Photo Submission Promotions:

• USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, LIKENESS and INTELLECTUAL PROPERTY. I hereby grant to Caterpillar Inc. ("Caterpillar"), its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide license, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) posted to a social media platform including, but not limited to Twitter, Facebook and Instagram by using the Permitted Parties' promotional hashtag (collectively, the "Content") on the www.cat.com,www.caterpillar.com,and other websites controlled by Caterpillar or its subsidiaries and affiliated companies (collectively, "Caterpillar Websites"), Facebook, Instagram, Twitter, other social media platforms and other websites (collectively, "Platforms"), and in other print, audio and video marketing and advertising avenues ("Advertising").

  I agree that the Content may be used, copied, distributed, published, exhibited, digitized, publicly displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing the Permitted Parties.

  I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content. Furthermore, I irrevocably waive any and all so-called moral rights I may have in the Content. To the extent I provide any personal information, I agree to comply with Caterpillar's Privacy Statement (https://www.cat.com/en_US/legal-notices/privacy.html)

• COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Platforms, I will be in compliance with the terms and conditions of such Platforms.

  You should carefully read the privacy statements of any such Platforms.

• TAKEDOWN. If I want my Content removed from the Platforms, Caterpillar Websites and Advertising, I will send an e-mail message to: Info_Cat@cat.com

• REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION BY USER. I represent and warrant: (a) I am 18 years old or older; (b) I have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial content.

  I hereby agree to indemnify, defend and hold harmless each of the Permitted Parties from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder, (b) violation of these Social Media Photo And/Or Video Submission Promotions Terms And Conditions, or (c) violation of any law(s), regulation(s) or third party rights.

  I shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

• NO WARRANTIES BY PERMITTED PARTIES; AND LIMITATION OF LIABILITY; REMEDY; FORWARD LOOKING STATEMENTS; PRESS RELEASES; TERMINATION; UPDATING SITES; LINKED SITES, ENTIRE AGREEMENT; INQUIRES. I hereby understand and agree to provisions set forth in the Warranty and Limitation of Liability, Forward Looking Statements, Press Releases, Termination, Updating Sites, Linked Sites and Entire Agreement and Inquires sections listed under the Terms of Use Notices located on Caterpillar's website. ( https://www.caterpillar.com/en/legal-notices/terms.html )

• NO OBLIGATION TO USE. I understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Platforms, Caterpillar Websites, or Advertising at any time for any reason in Permitted Parties' sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.