Terms of Use

Hitachi Construction Machinery Co., Ltd. (“HCM”) grants a customer purchasing a Hitachi Construction Machinery branded machine (“Machine”) or the customer’s authorized operator/ maintenance contractor (as appropriate in the relevant context) (collectively referred to as “Customer”) a non-exclusive, non-transferable, non-sublicensable right to use the Manual for the Authorized Purpose (hereinafter defined). “Authorized Purpose” means Customer’s utilizing the Manual for the purpose of helping their mechanic or the third party mechanic entrusted by the Customer to carry out repair and maintenance work in accordance with the manufacturer’s recommendations.

Copies of the Manual will be released only to those individuals who are nominated and duly authorized by the Customer. The Customer will be provided with a maximum of two (2) copies of the Manual unless further copies are approved by HCM or its authorized dealer.

The Customer shall only use the Manual which is issued for the specified model of Machine and shall keep and use only the latest version of the Manual provided to the Customer from the authorized dealer of HCM.

The Customer shall not use the Manual for any purpose whatsoever other than the Authorized Purpose.

Unless otherwise specified herein, the Customer shall not grant any right, license or authorize any third party to use the Manual. The Customer shall not assign, transfer, upload, post, reproduce or distribute any or all of information in the Manual to any third party without prior written consent of HCM.

If the Machine is sold or otherwise transferred by the Customer to a third party, the Customer must inform the authorized dealer of HCM of such transfer. If the subsequent owner/operator of the Machine has requested a copy of the Manual, the subsequent owner/operator of the Machine must agree to these Terms of Use and nominate duly authorized representatives who are to receive a copy of the Manual.

The Customer shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Manual if the Customer needs to export to use the Manual complying with this Terms of Use.

Without limiting any rights of HCM or its authorized dealer, any breach of these Terms of Use by the Customer shall entitle HCM or its authorized dealer (on HCM’s behalf ) to terminate immediately the license to use the Manual for any purpose and the Customer is required to either return or destroy all copies of the Manual that is within the Customer’s care, custody or control and provide a statutory declaration that such return or destruction has been complied with.

These Terms of Use are governed by the laws of Queensland, Australia and the parties irrevocably submit to the authority of the courts of Queensland, Australia and any appeal courts therefrom.