MEMORANDUM OF UNDERSTANDING
Section I — Parties / Beneficiaries / Purpose / Effective Date
A.
Parties. This Memorandum of Understanding ("MOU") is made between theAmerican Farm Bureau Federation ("AFBF") and the signatory Manufacturer of Agricultural
Equipment. All capitalized terms in this MOU have the meanings set forth in Section V below.
B.
Beneficiaries. The intended beneficiaries of this MOU are Farmers andIndependent Repair Facilities located in all fifty (50) United States and Puerto Rico.
C.
Purpose. The purpose of this MOU is, through a voluntary private sector
commitment to outcomes rather than legislative or regulatory measures, to:1.
continue to enhance the ability of Farmers to timely control the lawful
operation and upkeep of Agricultural Equipment;
2.
assure the timely availability, on Fair and Reasonable terms, of Tools,
Specialty Tools, Software and Documentation originating from Manufacturer, and Data
from the operation of Agricultural Equipment originating from Manufacturer;
3.
assure that no safety controls or protocols on Agricultural Equipment arecompromised through the modification of protective measures installed for the benefit ofAgricultural Equipment owners, operators and bystanders;4.
assure that the intellectual property of Manufacturer, including copyrighted
software, is fully protected from illegal infringement through the modification ofEmbedded Software; and5.
assure that compliance with federal and state emissions control
requirements is not compromised through changes to power ratings or other modificationof control measures installed for the purpose of complying with the Clean Air Act and otherenvironmental laws and regulations.
D.
Effective Date. This MOU shall come into force as of March 9, 2023. Thereafter,
Manufacturer and AFBF agree to meet as needed, and at least semi-annually, to assess how the
MOU is operating, address operational concerns, suggest updates to this MOU, including updates
based on technological advancements, and discuss any other matters relevant to "Right to Repair"or the MOU or adding amendments to this MOU. In the event that Manufacturer or AFBF
concludes that, due to changed circumstances, the MOU may no longer be viable, that party shallprovide written notice to the other party of its intent to withdraw from the MOU due to the change
in circumstances. The parties shall cooperate in good faith to schedule a meeting within thirty (30)days of such written notice to discuss the ongoing viability of the MOU.
1Section II— Obligations of Manufacturer
A.

In General

1.
Manufacturer shall ensure that any Farmer, including any staff orindependent technician assisting a Farmer at a Farmer's request, and any Independent Repair
Facility that provides assistance to Farmers, has access (including electronic access as appropriate
based on the nature of the item) on Fair and Reasonable terms to Manufacturer's Tools, Specialty
Tools, Software and Documentation, including:• CNH Industrial Electronic Service Tool
• Manuals (Operator, Parts, Service)• Product service demonstrations and customer training• On-board diagnostics via diagnostics port or wireless interface• Other publications with information on service, parts, operation and safety
2.
Manufacturer will ensure that Farmers and Independent Repair Facilities
will be able to access and obtain, per subscription or sale, Manufacturer's Tools, Specialty Tools,
Software, and Documentation, as set forth above, from Manufacturer or from Authorized Repair
Facilities on Fair and Reasonable terms.
3.
Manufacturer shall ensure that any Farmer, including any staff orindependent technician assisting a Farmer at a Farmer's request, and any Independent Repair
Facility that provides assistance to Farmers, have electronic access on Fair and Reasonable terms
to the CNH Industrial Electronic Service Tool, which is available for Farmers and Independent
Repair Facilities to purchase from Authorized Repair Facilities or online directly from
Manufacturer in the United States.
• The CNH Industrial Electronic Service Tool will continue to allow the look-up
of diagnostic codes, provide machine diagnostic connectivity with Electronic Data
Link ("EDL"), and perform machine calibrations that require EDL.
• Manufacturer will continue to provide access to operator’s and technical manuals.
• The CNH Industrial Electronic Service Tool will continue to be available for
Independent Repair Facilities to purchase online from Manufacturer in the UnitedStates.
• Manufacturer shall assure availability of training for any purchaser of the CNH
Industrial Electronic Service Tool.
4.
Manufacturer shall ensure that a Farmer has electronic access on Fair andReasonable terms to Manufacturer's Codes and Data and, with Farmer authorization, Codes andData will be available to a Farmer's selected Independent Repair Facility.

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5.

to:

This MOU shall not be interpreted or construed to require a Manufacturera) divulge trade secrets, proprietary or confidential information;b) allow owners or Independent Repair Facilities to override
safety features or emissions controls or to adjust Agricultural Equipment
power levels; or,c) violate any federal, state, or local laws or regulations.

B.

Provision to Farmers on Fair and Reasonable Basis

1.
If Manufacturer provides to Authorized Repair Facilities any Tools,
Specialty Tools, Software and Documentation for functions listed in Subsection A.1., separately
or as fully or partially integrated Software, Manufacturer shall ensure that these are available toFarmers on a Fair and Reasonable basis, whether the Tools, as part of Software or otherwise, orSpecialty Tools are purchased, leased, or subscribed to, and whether or not fulfillment is directlyby the Manufacturer or an Authorized Repair Facility.
2.
When Manufacturer receives any Codes or real-time Data with respect tothe in-field operation of a Farmer's Agricultural Equipment, Manufacturer shall ensure that such
Codes, and Data are also available to the Farmer using the Agricultural Equipment.
3.
Subject to the limitations of Section II.A.5. above, Manufacturer shall makeavailable, on Fair and Reasonable terms, Tools, Specialty Tools, Software and Documentation,
inclusive of any updates to information or Embedded Software, for purposes of diagnosis,
maintenance or repair of such Agricultural Equipment to any Farmer that owns or leases
Agricultural Equipment manufactured by or on behalf of the Manufacturer.
4.
For Agricultural Equipment that contains a protected electronic lock,immobilizer or other security-related function, pursuant to commitments in the preamble of thisMOU, and subject to the limitations of Section II.A.5. above, the Manufacturer shall makeavailable to the Farmer, on Fair and Reasonable terms and to the same extent provided to an
Authorized Repair Facility any special Documentation, and Tools needed to disable any protected
lock, immobilizer or function and to re-set it when disabled in the ordinary course of diagnosis,
maintenance or repair of the Agricultural Equipment.
5.
To the extent practical and Manufacturer deems secure, and subject to thelimitations of Section II.A.5, Tools, Specialty Tools, Software and Documentation shall be
provided, as appropriate based on the nature of the item, on a remote immediate basis or a timely
basis, whether delivery is made from the Manufacturer or through an Authorized Repair Facility.
6. Manufacturer shall provide Farmers and Independent Repair Facilities with anopportunity, on Fair and Reasonable terms, to acquire any Software integrally with or within aTool, or subsequently as necessary for operation, maintenance, repair, or upgrade of Agricultural
Equipment or a mechanical part.

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7. Manufacturer shall not be required to sell Tools, Specialty Tools, Software andDocumentation if such are no longer available to the Manufacturer or the Authorized Repair
Facility of the Manufacturer.
8. Manufacturer shall not prevent Farmers and Independent Repair Facilities fromlegally fabricating or otherwise obtaining Tools, Specialty Tools, Software and Documentationfrom a third party, whether or not such Tools, Specialty Tools, Software and Documentation are
currently available from the Manufacturer or an Authorized Repair Facility, for use solely in theordinary course of their own lawful businesses and not for resale or distribution. In no event will
the provisions of this Paragraph II.B.8. be construed to prevent or preclude Manufacturer frompursuing any action to enforce a trademark, copyright or other claim of infringement regarding
Manufacturer's intellectual property.
C.

Provision To Independent Repair Facilities on Fair and Reasonable Basis

1. If an Independent Repair Facility requests Manufacturer to provide any Tools,
Specialty Tools, Software and Documentation as provided to Farmers pursuant to Subsections
B.1.-B.8., or if a Farmer makes such a request in connection with their own Agricultural
Equipment, the Manufacturer shall provide such Tools, Specialty Tools, Software andDocumentation on Fair and Reasonable terms with respect to the Independent Repair Facility.
Section III — AFBF Commitment to Manufacturer
A.
AFBF agrees to encourage state Farm Bureau organizations to recognize thecommitments made in this MOU and refrain from introducing, promoting, or supporting federal
or state "Right to Repair" legislation that imposes obligations beyond the commitments in thisMOU. In the event any state or federal legislation or regulation relating to issues covered by this
MOU and/or "Right to Repair" is enacted, each of AFBF and Manufacturer reserve the right, upon
fifteen (15) days written notice, to withdraw from this MOU.
Section IV - Cooperation between AFBF and Manufacturer
A.
AFBF and Manufacturer agree to work together to develop a process for educating
Farmers and Independent Repair Facilities on the Tools, Specialty Tools, Software andDocumentation and the resources available to Farmers and Independent Repair Facilities to repair
and maintain Agricultural Equipment.
B.
In the event of a disagreement over the interpretation, terms or application of thisMOU between a beneficiary (Farmer or Independent Repair Facility) of this MOU and
Manufacturer or an Authorized Dealer, the parties agree to the following sequence of events: (1)Good faith consultation between or among the parties to the disagreement; (2) If resolution is notachieved between a beneficiary and an Authorized Dealer, inclusion of Manufacturer in the
consultation; and, (3) If the disagreement pertains to the general interpretation or application of acore provision, inclusion of AFBF in the consultation.

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Section V — Definitions
A.
Agricultural Equipment means any product, originating from the Manufacturer
when sold or leased for use in farming, or other forms of agriculture, that depends for its
functioning, in whole or in part, on digital electronics embedded in or attached to it. Agricultural
Equipment includes, but is not limited to, a tractor, combine, harvesting equipment, tillage,
planting, irrigation or cultivating implement, baler, or other off-road vehicles primarily designed
for use in an agricultural operation, but does not include motor vehicles designed and soldprimarily for passenger or property transportation on public roadways.
B.
Authorized Repair Facility means (1) an individual or business that has anarrangement for a definite or indefinite period with a Manufacturer pursuant to which the
Manufacturer grants to the individual or business a permission, license, or franchise to use a tradename, service mark, or related characteristic for the purposes of offering diagnosis, repair ormaintenance services of Agricultural Equipment under the name of or on behalf of the
Manufacturer; or (2) an individual or business otherwise utilized by the Manufacturer to provide
such repair or maintenance services.
C.
Code means, subject to the limitations of Section II.A.5, (1) human or machinereadable information related to a performance issue arising from operation of a Farmer's
Agricultural Equipment or (2) information necessary to be transmitted to a Farmer's Agricultural
Equipment in order to maintain, repair, or activate the Agricultural Equipment or any part thereof.
D.
Data means transmitted or compiled information arising from the operation of a
Farmer's Agricultural Equipment or its parts.
E.
Documentation means, subject to the limitations of Section II.A.5., any manual,
diagram, reporting output, service code description, schematic or other guidance or information asprovided by Manufacturer to an Authorized Repair Facility to effect the services of diagnosis,
maintenance, repair, or upgrade of Agricultural Equipment.
F.
Embedded Software means any programmable instructions provided on firmware(a software program or set of instructions programmed on Agricultural Equipment, or on a part ofsuch Agricultural Equipment, to allow the Agricultural Equipment or part to communicate within
itself or with other computer hardware) delivered with or loaded to the Agricultural Equipment,with respect to Agricultural Equipment operation, including all relevant patches and fixes madeby the Manufacturer, including but not limited to items described as "basic internal operating
system," "internal operating system," "machine code," "assembly code," "root code," and"microcode".
G.
"Fair and Reasonable" means equitable terms for access to or receipt of any item
pertaining to Agricultural Equipment, including any Tools, Specialty Tools, Software andDocumentation, in light of relevant factors, including and subject to the limitations of Section
II.A., the Manufacturer's suggested retail price and the distribution model of any respective item.

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H.
Farmer means an individual or business engaged in agriculture as a means of
livelihood or commerce, including but not limited to the production of crops, livestock, or
aquaculture (excluding recreational fishing) and who owns or leases Agricultural Equipment.
I.
Independent Repair Facility means an individual or business that is not affiliatedwith an Authorized Repair Facility or a Manufacturer with respect to Agricultural Equipment but
is (1) engaged in the lawful diagnosing, maintaining, or repairing of Agricultural Equipment
generally and (2) is willing and capable of repairing Agricultural Equipment if provided access toTools, Specialty Tools, Software and Documentation regarding the Agricultural Equipment,
whether or not that individual or business is a Farmer.
J.
Manufacturer means CNH Industrial America LLC ("CNH Industrial"). However,
AFBF commits to offering comparable terms as set forth in this MOU to any entity engaged in thebusiness of selling, leasing or otherwise supplying new Agricultural Equipment manufactured byor on behalf of itself to any individual or business.
K.
Specialty Tool means a mechanical implement originating from the Manufacturer
which is necessary for facilitation of mechanical or electronic maintenance, repair, or upgrade ofa Manufacturer's Agricultural Equipment that is not generally available other than from the
Manufacturer's Authorized Repair Facilities.
L.

Software means CNH Industrial Electronic Service Tool.

M.
Tools means Software, any hardware implement (specialty or otherwise) or otherapparatus originating from the Manufacturer used for Data readout, diagnosis, maintenance orrepair of Agricultural Equipment, including Software or other mechanisms that calibratefunctionality or perform any other function required to operate, maintain, upgrade, activate, orbring the Agricultural Equipment back to fully functional condition.
Signed on this 9th day of March, 2023:
CNH Industrial America LLC

American Farm Bureau Federation_______________________
Kurt L. Coffey
Vice President North America
Case IH Agriculture_____________________________
Zippy DuvallPresident_______________________
Sally Johnson
Vice President North America
New Holland Agriculture
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