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Copyright (c) 2022 Porsche Digital China

The Porsche Design System source code is licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

All Porsche specific design assets like fonts, icons, marque, etc. are licensed under the Porsche Design System Assets License Agreement.

By accessing, using or contributing to the Design System of Porsche ('Porsche Design System'), you agree to the following Porsche Design System Assets License Agreement agreement ('Agreement') with Dr. Ing. h.c. F. Porsche AG, Germany ('Porsche AG') and its affiliates (“we”, “our”, “us” or "Porsche"). Porsche reserves the right to change and update this licensing agreement at any time.

License Subject to the terms of this Agreement, Porsche grants you a limited, worldwide, royalty-free, non-assignable, non-transferable, non-sublicensable, and non-exclusive license to use the Porsche Design System Assets solely to develop, test, and distribute software applications, websites, and interfaces on behalf of Porsche that are available via www.porsche.com or any associated websites or other Porsche software (“Applications”).

License Restrictions You may not use the Porsche Design System Assets (i) to develop, test, or distribute an external, stand-alone Application (“External Application”) unless such External Application is not identical to and is dissimilar and visually distinct from Porsche products and services, as determined by Porsche in its sole discretion, (ii) to mislead consumers as to Porsche’s sponsorship of, affiliation with, or endorsement of you, your organization, or your Application, and (iii) for any purpose not expressly permitted by this License Agreement. For clarity, any Application that embeds directly inside the Porsche Admin or other Porsche interface that allows for the embedding of Applications (“Embedded Application”), as determined by Porsche in its sole discretion, may be visually similar, but not identical, to Porsche products and services. You may not modify, adapt, redistribute, or create derivative works of the Porsche Design System Assets or any part of the Porsche Design System Assets.

Ownership of Intellectual Property You agree that Porsche owns all legal right, title and interest in and to the Porsche products and services, including the Porsche Design System and the Porsche Design System Assets, including any Intellectual Property Rights inherent therein and related thereto. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Porsche reserves all rights not expressly granted to you.

Termination Porsche may terminate this Agreement: (a) if you breach any of the terms of this Agreement or (b) if Porsche ceases to make the Porsche Design System Assets generally available. Either party may terminate this Agreement at any time, with or without cause. Upon termination, your Porsche Design System Assets license will also terminate. This means that you must cease using the Porsche Design System Assets and delete all copies of the Porsche Design System Assets. All terms of this Agreement will survive the termination or expiration of this Agreement, except for your license right granted in Section 1.

No Warranty THE Porsche Design System Assets ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. PORSCHE AND ITS THIRD PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. PORSCHE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY, OR COMPLETENESS OF THE Porsche Design System Assets OR THAT YOUR USE OF THE Porsche Design System Assets WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE. THE Porsche Design System Assets MAY NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Limitation of Liability IN NO EVENT SHALL PORSCHE BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. PORSCHE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH THE PERFORMANCE OF THE Porsche Design System Assets. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, PORSCHE’S ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE HUNDRED US DOLLARS ($500). THE ABOVE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT YOU MAY HAVE OTHER STATUTORY RIGHTS, WHICH THIS AGREEMENT CANNOT CHANGE. The limitations in this Section 6 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Applications; Indemnification You are solely responsible for your Applications, your use of Porsche Design System Assets, and your compliance with this Agreement. You agree to indemnify, defend and hold Porsche and its affiliates and their respective directors, officers, employees, successors, assigns, insurers, independent contractors and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of any claim relating to (a) your Applications, (b) your use of the Porsche Design System Assets or (c) your breach of this Agreement. Porsche may participate in defending the claim at its own expense. You may not settle any claim without Porsche’s prior written consent. If you distribute your Applications to others, you agree to require the end users to agree that Porsche has no liability, warranty, or support or other obligations related to your Applications.

General

  1. Severability If any provision of this Agreement is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained within this Agreement.

  2. No Waiver The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving party.

  3. Entire Agreement This Agreement, including all guidelines and other documents linked or otherwise incorporated or referenced herein, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof (including any prior version of this Agreement).

  4. Assignment All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties to the Agreement and to their respective heirs, successors, permitted assigns and legal representatives. Porsche shall be permitted to assign this Agreement without notice to or consent from you. You shall have no right to assign or otherwise transfer the Agreement, or any of your rights or obligations hereunder, to any third party without Porsche’s prior written consent, to be given or withheld in Porsche’s sole discretion.

  5. Applicable Law This Agreement will be governed by and construed in accordance with the laws of Germany, excluding conflicts of law rules and principles. Each party submits to the personal and exclusive jurisdiction of the courts located in Stuttgart, Germany. Nothing in this Agreement limits Porsche’s rights to seek equitable relief.

Last updated: February 20, 2022