"E-tube connecting parts" means the bicycle components configured to be electrically connected to any type of computer on which the E-tube Software has been installed.

"Parts Information" means any information that is related to the operating status and initial setting of E-tube connecting parts as may be replaced from time-to-time.

“Distributors” means Shimano’s distributors.

The Software is licensed, not sold or transferred to you by Shimano Inc. ("Shimano", "we", "our" or "us"). All ownership rights, including copyrights, patents, trademarks and any other rights and interests in the Software, or any of its copies remain solely with Shimano or its licensors.

1. Subject to your acceptance of the Terms, Shimano grants you a revocable, non-exclusive, non-transferable, limited license to use the Software solely for your personal, non-commercial purposes, strictly in accordance with the provisions of these Terms for the duration of the agreement. If you are a dealer, OEM, or distributor, you may use the Software solely for your own commercial purposes. You will only use the Software in a manner that complies with all applicable laws in the jurisdiction in which you use the Software.
2. You may produce machine-readable copies of the Software, provided that all original copyright and further ownership references of the original copy are maintained. You may not, however, distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not transfer, rent, lease, lend, redistribute, or sublicense or otherwise allow any other third party to use the Software. You may not decompile reverse-engineer, disassemble, adapt, decompose or otherwise attempt to derive the source code of, modify, or create derivative works of the Software in whole or in part, or allow any third party to do any of the foregoing, except where allowed by mandatory provisions of applicable law.
3. You may not remove or hide any references or notices to Shimano's patents, trademarks or copyrights from the Software. The Shimano name, and all trademarks and logos displayed on the Software are owned or used under license by us. The unauthorized use of any trademark displayed on the Software is strictly prohibited.

1. A. For using the Software with login, you warrant that you are at least the legal age of majority in your jurisdiction. If you are under the legal age of majority in your jurisdiction, then you must review these Terms with your parent or guardian and they must understand and agree to these Terms in order for you to use the Software. If you, or your parent or guardian, do not agree to these Terms in their entirety, then you must not access or use the Software, or any part thereof.
   
   B. For using the Software without login, if you are under the legal age of majority in your jurisdiction, then you must review these Terms with your parent or guardian and they must understand and agree to these Terms in order for you to use the Software. If you, or your parent or guardian, do not agree to these Terms in their entirety, then you must not access or use the Software, or any part thereof.
2. You bear the entire risk as to damages and the quality and performance of the Software. You assume the risk as to any hardware, software, data or any other item as a result of the copying of the Software, including but not limited to costs of any repairs or replacement of any item or services. You assume the responsibility for the correct installation, use and results obtained from the Software, including any user-generated-content on the Software.
3. The functionalities and features of the Software may allow you to submit content, such as photographs, videos or comments, including associated metadata. If you choose to submit content, you warrant that you have the necessary license, right or permission to use the content. You are solely responsible for your submitted content and any consequences of posting or publishing them. By submitting the content to the Software, you grant Shimano a non-revocable, perpetual, non-exclusive, royalty-free, transferable, worldwide license to use, copy, transmit, distribute, modify, create derivative works, adapt, delete, sublicense, combine with other ideas or works, publish, translate, publicly perform and publicly display said content, in whole or in part, in any format or medium, for any commercial purpose including the provision of the features and functionalities of the Software.
4. You are responsible for keeping your Software account information and password secret, and for any activity that occurs under your account, including unauthorized activity. You agree to notify us immediately of any unauthorized use of your account or password.
5. You agree that you will not submit any content which includes or relates to the following:
   • Content that violates data protection laws;
   • Content that is hateful, abusive, offensive or harassing, in particular any threats or insults based on sexual orientation, race, gender, ethnicity, disability or religion;
   • Content containing violence or pornography, sexual harassment or requests;
   • Virus, spywares, malwares, worms or any other files intended or capable of damaging communications equipment hardware or software; or
   • Any other illegal content.
6. You may not assign any or all of your obligation or rights under these Terms.
7. You shall indemnify Shimano, its affiliates or its subsidiaries or their directors, officers or employees, suppliers, agents and service providers against any failure by you to observe the provisions of the Terms and for all losses, damages and all reasonable expenses and costs, including legal fees, incurred by Shimano or them in third party claims arising out of the breach of your obligations under the provisions of these Terms.
8. You agree that Shimano may receive, collect, store and use information in the course of the registration and during the use of the Software. Shimano will handle such information in compliance with applicable privacy and data protection laws, as well as Shimano’s Data Protection Notice (as the same may be amended from time to time).

1. To the extent permitted by applicable laws and regulations, the Software is provided to you on an "AS-IS" basis, and SHIMANO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. No warranty is given that the Software is error-free, fully secure, or that its use will be uninterrupted or that it will be without bugs or viruses or work in connection with any other software.
2. To the extent permitted by laws and regulations, in no event shall Shimano, its affiliates or its subsidiaries or their directors, officers or employees be directly or indirectly liable in any manner to you or to any other party for any inaccuracy, mistake or defect in the contents to be obtained by you using the Software. Shimano does not warrant, endorse or guarantee any product or service offered by a third-party through the Software or any hyperlinked website or app.
3. Use of the Software requires that you supply a compatible device, internet access and may require obtaining updates or upgrades to the Software from time to time. Not all features or services of the Software will be available in all markets and coverage may be limited due to such device compatibility and/or internet connectivity issues. Shimano is not responsible for any compatibility or connectivity issues. Availability of Software features is subject to change. The Software may be unavailable or interrupted from time to time for a variety of reasons, such as data plan coverage or during maintenance breaks and other times. Shimano has no obligation to provide any notice prior to any unavailability or service interruption and has no liability for any damages attendant to such unavailability or service interruption.
4. The Software is not intended, and you may not use the Software, for any safety-critical applications, including medical or life-support, vehicle operation applications, or any police, fire, or other safety response systems. Shimano makes no warranty with respect to any use of the Software in any such safety-critical applications or under any circumstances in which defects in the Software may cause directly death, injury or physical damages.

1. SHIMANO SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF WHETHER SHIMANO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHERE SUCH DAMAGES ARE FORESEEABLE, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, NOR FOR DAMAGES ARISING FROM SPECIAL CIRCUMSTANCES, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY OR SAVINGS, PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER.
2. SHIMANO'S LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS LICENSE, THE SOFTWARE OR YOUR USE OF IT OR INABILITY TO USE IT SHALL NOT EXCEED THE GREATER OF:
   • （a）THE EQUIVALENT OF THE PRICE YOU HAVE PAID TO SHIMANO FOR THE DEVICE THAT SHIMANO HAS SUPPLIED TO YOU TO BE USED TO CONNECT YOUR COMPUTER AND THE BICYCLES’ PARTS; AND
   • （b）THE AMOUNT OF USD$100 (ONE HUNDRED U.S. DOLLARS).
3. Nothing in these Terms shall be deemed to limit or exclude Shimano's liability for:
   • （a）Death or personal injury caused by Shimano's gross negligence;
   • （b）Fraud or fraudulent misrepresentation;
   • （c）Willful misconduct; or
   • （d）Any other liability which may not be limited or excluded by law.

1. These Terms are effective from the moment of its acceptance until terminated by you or Shimano.
2. You can terminate the agreement based on these Terms by ceasing all use of the Software and deleting it. Shimano can terminate the agreement based on these Terms after prior 30(thirty) days' written notice.
3. The agreement based on these Terms will terminate automatically after prior written notice by Shimano if you fail to comply with any provision herein.
4. Upon termination, you shall cease all use of the Software and delete all copies from your mobile device(s) or desktop
5. Those provisions that by their nature are intended to survive termination of the agreement based on these Terms, including in particular clauses 1, 2.2, 4, 5, 6.4, 12, 13 and 14 will survive the termination of the agreement based on these Terms.

1. Shimano reserves the right to modify, replace or update these Terms at any time for reasonable grounds. If a revision is material, Shimano will provide reasonable period of notice prior to any new provisions taking effect. The necessary notice will be given in an appropriate manner either via the Software or by any other reasonable means.
2. By continuing to use the Software, you agree to the changed Terms and to be bound by them. If you do not agree to the changes or modification of these Terms, then you must immediately stop using the Software.

Any notice, request, direction, form or other communication to you from Shimano or from you to Shimano under these Terms shall be given in writing to the intended recipient, in your case, at the e-mail address you specified when you installed and/or registered the Software, and if sent to Shimano, to:

Shimano INC.,
3-77 Oimatsu-cho, Sakai-ku, Sakai-City,
Osaka, Japan

If any provision of these Terms is held to be unenforceable or invalid, such provision will be interpreted to accomplish the objectives intended by it to the greatest extent possible under applicable law. In the event that such an interpretation is not possible, the provision will be deemed not applicable, whereas the remaining provisions will continue in full force and effect, provided that the non-applicable provision is not of material importance for your or Shimano's rights and benefits.

These Terms constitute the entire agreement between you and Shimano with respect to the subject hereof, and any prior agreement, whether oral or written, with respect to the subject hereof shall be null and void.

If you export and use the software from the country in which you were granted a license of the software, you shall comply with any applicable export or import related laws and regulations.

1. These Terms, including their validity, interpretation and enforceability, and the relationship between Shimano and you shall be governed by the laws of Japan, excluding (i) its conflicts of law provisions and (ii) the United Nations Convention on Contracts for the International Sale of Goods.
2. All disputes shall be settled by the Osaka District Court in Japan.
3. Shimano is neither obliged nor willing to participate in dispute settlement proceedings before a consumer mediation body.

Any right which has not been allocated in this Terms is reserved to Shimano.

The English language shall be the controlling language of these Terms. Any translation of these Terms is provided in order to comply with local requirements, and in the event of conflict or inconsistency between the English version and such translation, the English version shall prevail.

1. Parties to the contract
   
   This Annex on the access to and use of data is made between
   Shimano Inc, 3-77 Oimatsu-cho, Sakai-ku, Sakai-City, Osaka, Japan, (“Data Holder”),
   Representative of the Data Holder within the EEA for the purposes of the Data Act:
   SHIMANO EUROPE B.V. (“SEU”), High Tech Campus 92, 5656 AG Eindhoven, The Netherlands
   
   Users can contact SEU via blow form.
   Data Rights Contact Form (EU Data Act)and
   any person who agrees to the Terms and this Annex for the use of the Products and this App (“User”)
2. Product/Related Service
   
   This Annex is made with regard to:
   

   a	the following connected products (the “Products”): https://bike.shimano.com/information-based-on-the-eu-data-act.html
   b	the following related service (the “Related Service”): E-TUBE PROJECT PROFESSIONAL (the “App”)

   The User declares that they are either the owner of a Product or contractually entitled to use a Product under a rent, lease or similar contract and/or to receive the Related Services under the Terms.
   
   The User commits to provide upon duly substantiated request to the Data Holder any relevant documentation to support these declarations, where necessary.
3. Applicability of the Terms
   
   The provisions of this Annex apply in addition to the provisions of the Terms. Where no specific provisions are stipulated by this Annex, the provisions of the Terms apply. In case of conflict between the Terms and this Annex, this Annex prevails.

The data covered by this contract (the “Data”) consist of any Product Data or Related Service Data within the meaning of the Data Act which are readily available to the Data Holder.

The Data consist of the Data listed in Appendix 1, with a description of the type or nature, estimated volume, collection frequency, storage location and duration of retention of the Data.

If, during the term of this Annex, new data are made available to the User, Appendix 1 will be amended accordingly.

1. Agreed use of non-personal Data by the Data Holder
   
   The Data Holder undertakes to use the Data that are non-personal Data only for the purposes agreed with the User as follows, and subject to restrictions arising from the Data Act:
   
   

   a	performing any agreement with the User, or services and activities related to such agreement (e.g. operating apps, managing user accounts, generating and providing reports or analysis, financial projections, impact assessments issuing invoices, calculating staff benefit); enabling Users to fully utilize the Products’ functionalities (such as button settings; shifting intervals; derailleur adjustments, etc.) and to update the Products’ firmware, where applicable;
   b	providing support, warranty, guarantee or similar services or to assess User’s, Data Holder’s or third party’s claims (e.g. regarding malfunctions of the Products and services) related to the Product or Related Service;
   c	monitoring and maintaining the functioning, safety and security of the Product or Related Service and ensuring quality control;
   d	improving the functioning of any Product or Related Service offered by the Data Holder;
   e	developing new products or services, including artificial intelligence (AI) solutions, by the Data Holder, by third parties acting on behalf of the Data Holder, in collaboration with other parties or through special purpose companies (such as joint ventures);
   f	aggregating the Data (incl. with other data), or creating derived or statistical data, including with the aim of selling or otherwise making available such aggregated, derived or statistical data to third parties.

2. Sharing of non-personal data by the Data Holder with third parties / use of processing services
   
   

   3.2.1	The Data Holder may share with third parties non-personal Data if:
   	a	the Data is used by the third party exclusively for the following purposes:
   		i.	assisting the Data Holder in achieving the purposes permitted under clause 3.1;
   		ii.	achieving, in collaboration with the Data Holder or through special purpose companies, the purposes permitted under clause 3.1; and
   	b	the Data Holder ensures that the third party:
   		i.	does not use the Data beyond the use that is permissible in accordance with previous clause 3.2.1 a;
   		ii.	applies appropriate protective measures; and
   		iii.	does not share these Data further unless for the purposes permitted under clause 3.2.1 a, the User grants general or specific agreement for such further transfer, or unless such Data sharing is required, in the interest of the User, to fulfil this Annex or any contract between the third party and the User.
   3.2.2	The Data Holder may always use processing services, e.g. cloud computing services (including infrastructure as a service, platform as a service and software as a service), hosting services, or similar services to achieve the agreed purposes under clause 3.1. The third parties may also use such services to achieve the agreed purposes under clause 3.2.1 a.

1. Obligation to make data available
   
   

   4.1.1

   The Data, insofar they cannot be directly accessed by the User, together with the relevant metadata necessary to interpret and use those Data will be made accessible to the User by the Data Holder, at the request of the User. The request can be made using the form specified in Appendix 2 or using the form operated by SEU in clause 1.1.

   4.1.2

   The Data Holder will make the Data which is personal data available to the User, when the User is not the data subject, only when there is a valid legal basis for making personal data available under Article 6 of Regulation (EU) 2016/679 (GDPR) and only, where relevant, the conditions set out in Article 9 of that Regulation and of Article 5(3) of Directive 2002/58/EC (Directive on privacy and electronic communications) are met. In that respect, when the User is not the data subject, the User must indicate to the Data Holder, in each request presented under the previous clause, the legal basis for processing under Article 6 or 9 of Regulation (EU) 2016/679 and Article 5(3) of Directive (EU) 2002/58 upon which the making available of personal data is requested.

2. Data characteristics and access arrangements
   
   

   4.2.1

   The Data Holder will make the Data under clause 4.1.1 available to the User, free of charge for the User, with at least the same quality as it becomes available to the Data Holder, and in any case in a comprehensive, structured, commonly used and machine-readable format as well as the relevant metadata necessary to interpret and use those Data.The Data characteristics and specifications are included in Appendix 1.

   4.2.2

   The User will receive access to the Data easily and securely by the Data being transmitted and only after the Data become available to the Data Holder. The specifications of these access arrangements are explained in Appendix 1.

3. Unilateral changes by the Data Holder
   
   The Data Holder may, in good faith, unilaterally change the specifications of the Data or the access arrangements stated in Appendix 1, for example if this is objectively justified by the general conduct of the Data Holder’s business, by a change of the Products or Related Service’s functionalities, by technical modifications of the Products or Related Services, e.g. due to an immediate security vulnerability, or by a change in the Data Holder’s infrastructure. The Data Holder will give notice to the User within reasonable time.

1. Applicability of trade secret arrangements
   
   

   5.1.1

   Some of the Data and metadata contain trade secrets of the Data Holder. The protective measures agreed on in clauses 5.2. and 5.3 of this Annex, as well as the related rights agreed in clauses 5.4, apply to Data or metadata included in the Data to be made available by the Data Holder to the User which are classified as trade secrets of the Data Holder.

2. Protective measures taken by the User
   

   5.2.1	The User must apply the protective measures set out Appendix 4 (hereinafter: “Identified Trade Secrets U Measures”).
   5.2.2	Insofar the User is permitted to make Data which contain trade secrets available to a third party, the User must inform the Data Holder of the fact that trade secrets have been or will be made available to a third party, specify the Data in question, and give the Data Holder the identity and contact details of the third party.
   5.2.3	In order to verify if and to what extent the User has implemented and is maintaining the Identified Trade Secrets U Measures, the User shall upon request of the Data Holder provide sufficient evidence for the Data Holder to verify. The User will inform the Data Holder if any of the Identified Trade Secrets U Measures fail without undue delay after becoming aware of this fact.

3. Protective measures taken by the Data Holder
   

   5.3.1	The Data Holder may at its own discretion apply any appropriate technical and organizational protection measures to preserve the confidentiality of the shared and otherwise disclosed trade secrets contained in the Data or metadata, insofar as they do not negatively affect the access rights of the User under the Data Act.
   5.3.2	The User undertakes not to alter or remove such measures, unless otherwise agreed by the Parties.

4. Right to refuse, withhold or terminate
   

   5.4.1	The Data Holder may refuse, withhold or terminate the sharing of any Data or metadata containing trade secrets under the conditions stipulated in Article 4 (7) and (8) Data Act.
   5.4.2	Where the Identified Trade Secrets U Measures do not materially suffice to adequately protect a particular trade secret according to the Data Holder’s reasonable assessment, the Data Holder may, by giving notice to the User, unilaterally increase the protection measures to be applied by the User, provided this increase is compatible with the Data Holder’s obligations under the Data Act.
   5.4.3	If and insofar the User fails to implement and maintain their Identified Trade Secrets U Measures, the Data Holder is entitled to withhold or suspend the sharing of the Data or metadata containing the trade secret.

5. Remedies of the Data Holder
   
   Without prejudice to other remedies available to the Data Holder in accordance with the Terms including this Annex or applicable law, if the User alters or removes technical protection measures applied by the Data Holder or does not maintain the Identified Trade Secrets U Measures or further measures taken by them in accordance with clauses 5.2 and 5.4.2, the Data Holder may request the User:

   a	to erase the data made available by the Data Holder or any copies thereof; and/or
   b	end the production, offering or placing on the market or use of goods, derivative data or services produced on the basis of knowledge obtained through the Identified Trade Secrets, or the importation, export or storage of infringing goods for those purposes, and destroy any infringing goods, where there is a serious risk that the unlawful use of those data will cause significant harm to the Data Holder or the Trade Secret Holder or where such a measure would not be disproportionate in light of the interests of the Data Holder or the Trade Secret Holder; and/or
   c	compensate the Data Holder and any party for damage caused by the failure to uphold the Identified Trade Secrets U Measures and by the altering and removing of technical protection measures of the Data Holder.

1. Permissible use and sharing of data
   
   The User may use the Data made available by the Data Holder upon their request for any lawful purpose and/or share the Data freely subject to the limitations below in clause 6.2.
2. Unauthorised use and sharing of data
   

   6.2.1	The User undertakes not to engage in the following:
   	a	use the Data to develop a connected product that competes with the Product, nor share the Data with a third party with that intent;
   	b	use such Data to derive insights about the economic situation, assets and production methods of the manufacturer or, where applicable the Data Holder;
   	c	use coercive means to obtain access to Data or, for that purpose, abuse gaps in the Data Holder’s technical infrastructure which is designed to protect the Data;
   	d	share the Data with a third-party considered as a gatekeeper under Article 3 of Regulation (EU) 2022/1925 (Digital Markets Act);
   	e	use the Data they receive for any purposes that infringe EU law or any applicable national law.
   6.2.2	Furthermore and in accordance with Article 4 (2) of the Data Act, the Data Holder may refuse access to Data and metadata and the User may not engage in using or sharing of Data and metadata, insofar such processing could undermine security requirements for the Product, as laid down by EU or national law, resulting in a serious adverse effect on the health, safety or security of natural persons. This includes without limitation data which could be used to circumvent e-bike-safety regulations such as the EN 15194 against tampering and manipulation of e-bikes (e.g. drive units).
   6.2.3	The User shall indemnify the Data Holder for any damage resulting from the User’s culpable non-compliance with these use restrictions.

1. In accordance with Article 2 (14) Data Act, the term “Data Recipient” means a natural or legal person, acting for purposes which are related to that person’s trade, business, craft or profession, other than the User, to whom the Data Holder makes or shall make Data available, including a third party following a request by the User to the Data Holder or in accordance with a legal obligation under EU law or national legislation adopted in accordance with EU law.
2. The Data Holder will make the Data, together with the relevant metadata necessary to interpret and use those Data, available to a Data Recipient, free of charge for the User, upon request presented by the User or a party acting on its behalf. The request can be made using the form specified in Appendix 3, sent to the email address specified for SEU in clause 1.1.
3. The Data Holder will make the Data which is personal data available to a third party following a request of the User, when the User is not the data subject, only when there is a valid legal basis for making personal data available under Article 6 of Regulation (EU) 2016/679 (GDPR) and only, where relevant, the conditions set out in Article 9 of that Regulation and of Article 5(3) of Directive 2002/58/EC (Directive on privacy and electronic communications) are met. In that respect, when the User is not the data subject, the User must indicate to the Data Holder, in each request presented under the previous clause, the legal basis for processing under Article 6 and 9 of Regulation (EU) 2016/679 and Article 5(3) of Directive (EU)2002/58 upon which the making available of personal data is requested.
4. The Data Holder makes the Data available to a Data Recipient with at least the same quality as they become available to the Data Holder, and in any case in a comprehensive, structured, commonly used and machine-readable format, easily and securely.
5. Where the User submits such a request, the Data Holder will use commercially reasonable efforts to enter into an agreement with the Data Recipient about the arrangements for making the Data available under fair, reasonable and non-discriminatory terms and in a transparent manner in accordance with Chapter III and Chapter IV of the Data Act. The Data Holder may request from the Data Recipient non-discriminatory and reasonable compensation and may include a margin.
6. The obligation of the Data Holder under clause 7.1 (i) does not apply to readily available Data in the context of the testing of new Products that are not yet placed on the market unless their use by a third party is contractually permitted, (ii) does not apply to third parties as Data Recipients considered as a gatekeeper under Article 3 of Regulation (EU) 2022/1925 (Digital Market Act), (iii) is subject to an agreement between the Data Holder and the Data Recipient within the meaning of clause 7.5 of this Annex and (iv) is subject to the Data Holder and the Data Recipient agreeing on trade secret protection measures and the refusal of the access request in accordance with Art. 5 (9)-(11) Data Act.

1. Transfer of use
   

   8.1.1	Where the User (“Initial User”) contractually transfers (i) ownership of the Product, or (ii) their temporary rights to use the Product to another natural or legal person (“Subsequent User”), the Parties undertake to comply with the requirements set out in this clause 8.
   8.1.2	The Initial User must ensure that the Subsequent User cannot use the Initial User’s account.
   8.1.3	The rights of the Data Holder to use Product Data or Related Service Data generated prior to the transfer will not be affected by the transfer.

2. Multiple user
   

   8.2.1	Where the Initial User grants a right to use of the Product to another party (“Additional User”) while retaining their quality as a User, the Parties undertake to comply with the requirements set out in this clause.
   8.2.2	The Initial User must ensure that the Additional User cannot use the Initial User’s account.

3. Liability of the Initial User
   
   If the Initial User culpably fails to comply with their obligations under clauses 8.1 or 8.2, the Initial User will indemnify the Data Holder for any damage resulting from this.

1. Date of application and duration
   
   The provisions of this Annex take effect from 12 September 2025 and are valid for the duration of the Terms.
2. Termination
   
   Irrespective of the contract period and the termination rights under the Terms, this Annex seizes to apply between the Data Holder and the User:

   a	upon the destruction of the Product or permanent discontinuation of the Related Service, or when the Product or Related Service is otherwise put out of service or loses its capacity to generate the Data in an irreversible manner; or
   b	upon the User losing ownership of the Product or when the User’s rights with regard to the Product under a rental, lease or similar agreement or the User’s rights with regard to the related service come to an end; or
   c	when this Annex is replaced by a new Annex.

3. Effects of expiry and termination
   

   9.3.1	Expiry or termination of the Terms including this Annex does not affect any provision in this Annex which by its nature is intended to survive expiry or termination, in particular clause 3 (Data use and sharing by the Data Holder), clause 5 (Protection of trade secrets), clause 6 (Data use by the User), and clause 12 on applicable law, which remain in full force and effect.
   9.3.2	After expiry or termination of the Terms including this Annex the Data Holder remains entitled to use and share the Data generated or recorded before the date of expiry or termination according to the terms of this Annex.

If the User considers their access rights under Article 3 to 5 of the Data Act to be infringed, the User is under conditions stipulated in the Data Act entitled to lodge a complaint with the competent authority, designated in accordance with Article 37(5), point (b) of the Data Act.

1. This Annex shall be interpreted so as to comply with the Data Act.
2. If any gap or ambiguity in this Annex cannot be resolved in the way referred to by clause 10, this Annex shall be interpreted in the light of the rules of interpretation provided for by the applicable law.