�BAVARIAN TECHNIC LLC
SOFTWARE LICENSE AGREEMENT
BY
OPENING THE SHRINKWRAP PACKAGING ON THE SOFTWARE DISK (if the software was purchased
on a disk), or
BY
CLICKING ON THE DOWNLOAD BUTTON (if the software is to be purchased by online
download)
YOU
BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE PACKAGED DISK; RETURN
THE DISK UN-OPENED TO THE VENDOR FROM WHOM IT WAS PURCHASED (if the software
was purchased on a disk), or
DO NOT
DOWNLOAD THE SOFTWARE (if the software is to be purchased by online download).
1.
LICENSE GRANT. BAVARIAN TECHNIC LLC ("Licensor") hereby grants you a
nonexclusive license to use its software product ("the Software") on
one (1) computer and for application to no more than three (3) vehicles for the
ENTHUSIAST version of the Software and for no more than one (1) computer but to
an unlimited number of vehicles for the PROFESSIONAL version of the Software,
subject to the following conditions:
FOR ENTHUSIAST VERSION:
1.1. You may use the Software
subject to the terms and conditions of this License for your personal use only.
You may copy the Software for archival purposes only and any copy you make must
retain all of the original copyright and trademark notices.
.2. You may not modify, reverse
engineer, or decompile the Software or create derivative works based on the
Software. You may not distribute, rent, lease, sell, license, or other-wise
transfer rights in the Software to any other person or entity or make any other
commercial use of the Software. You must retain all copyright and trademark
notices on the Software and take reasonable steps to protect Licensor's intellectual
property rights. Except as specifically set forth in this Agreement, Licensor
owns and retains all right, title, and interest in the Software and any and all
related materials. This Agreement does not transfer any ownership rights in the
Software or any related materials to you or to any third party.
FOR PROFESSIONAL VERSION:
1.3. You may use the Software
subject to the terms and conditions of this License for commercial use by one
person or entity only. You may copy the Software for archival purposes only and
any copy you make must retain all of the original copyright and trade-mark
notices.
1.4. You may not modify, reverse
engineer, or decompile the Software or create derivative works based on the
Software. You may not distribute, rent, lease, sell, license, or otherwise
transfer rights in the Software to any other person or entity or make any other
commercial use of the Software. HOWEVER, YOU MAY USE THE SOFTWARE ON MOTOR
VEHICLES AND CHARGE A FEE FOR DOING SO, UP TO THE NUMBER OF MOTOR VEHICLES
SHOWN IN PARAGRAPH 1, ABOVE. You must retain all copyright and trademark
notices on the Software and take reasonable steps to protect Licensor's
intellectual property rights. Except as specifically set forth in this Agreement,
Licensor owns and retains all right, title, and interest in the Software and
any and all related materials. This Agreement does not transfer any ownership rights
in the Software or any related materials to you or to any third party.
BAVARIAN TECHNIC LLC � SOFTWARE
LICENSE AGREEMENT Page 1 of 3
2.
DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF: (a) MER-CHANTABILITY; (b) FITNESS FOR A PARTICULAR PURPOSE; AND
(c) NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE RISK OR COST ASSO-CIATED WITH SUCH DEFECT AND ANY SERVICE AND
REPAIR.
3. LIMITATION OF
LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LICENSOR IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES,
INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, FILES, BUSINESS OPPORTU-NITIES,
INVALIDATION OF DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY
THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WAR-RANTY,
EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER SUCH LOSS OR DAMAGES RESULTS FROM THE USE OR INABIL-ITY
OT USE THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR
DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR
OTHERWISE.
4. RISKS.
Modification of a motor vehicle, whether mechanically or electronically,
including by use of the Software, may make the vehicle unsafe to operate,
inoperable, or may reduce the vehicle�s value. Before using the Software on
your vehicle those risks should be assessed by a licensed professional automobile
mechanic. Modification of a motor vehicle, whether mechanically or
electronically, including by use of the Software, may void the manufacturer�s
or other vehicle warranty. The Software is intended for use only by a licensed
professional automobile mechanic or other individual familiar with automobile
design, repair and safety and who is trained in automobile diagnostic and
modification software.
4.1. You expressly acknowledge your
understanding that the use of this Software may be harmful to any vehicle upon
which it is used.
4.2. You expressly acknowledge your
understanding that the operation of any motor vehicle upon which this Software
has been used could cause personal injury.
4.3. You expressly acknowledge your
understanding that the use of this Software may reduce the value of any vehicle
upon which it is used.
4.4. You expressly acknowledge your
understanding that the use of this Software should only be used licensed
professional automobile mechanic or other individual familiar with automobile design,
repair and safety and who is trained in automobile diagnostic and modification
software.
5. TERMINATION. This
license will terminate automatically if you fail to comply with the limitations
de-scribed above. On termination, you must destroy all copies of the Software.
The provisions of Sections 1, 2 and 3 shall survive any termination.
6. EXPORT CONTROLS.
None of the Software or underlying information or technology may be downloaded,
exported, or re-exported into any country to which the United States
("U.S.") has embargoed goods, or to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
BAVARIAN TECHNIC LLC � SOFTWARE
LICENSE AGREEMENT Page 2 of 3 BAVARIAN TECHNIC LLC � SOFTWARE LICENSE AGREEMENT Page 3
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Commerce
Department's Table of Deny Orders. By downloading or using the Software, you
are agreeing to the foregoing and you are representing and warranting that you
are not a national or resident of, or lo-cated in or under the control of, any
country subject to such export controls.
7. RESTRICTED RIGHTS. The Software is
provided with Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions set forth in subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19,
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause in DFARS 252.227-7013, or subparagraph (d) of the Commercial
Computer Software�Licensing at NASA FAR Supplement 16-52.227-86, or their
equivalent, as applicable.
8. PRIVACY.
Information may be collected by Licensor in connection with your use of the
Software and may be stored and processed in the United States or any other
country in which Licensor and its agents or affiliates maintain facilities. By
using the Software you consent to the collection, use, storage and transfer of
such information. You acknowledge and agree that the information Licensor
collects may contain vehicle specific data, and may (but need not) be used to
further develop features, detect errors, and make improvements to Licensor�s
products. The Software may (but need not) communicate with Licensor�s servers
and/or Third Party servers from time to time to check for available updates to
the Software, such as bug fixes, patches, enhanced functions and new versions
(collectively, "Updates").
9. MISCELLANEOUS.
This Agreement represents the complete agreement between the parties concerning
the Software and this license, and supersedes any and all prior agreements or
representations. This Agreement may only be amended by a writing executed by
both parties. If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the extent necessary
to make it enforceable. This Agreement shall be governed by and construed under
Nevada law as if this Agreement had been entered into in between Nevada
residents and fully performed within Nevada.
10. AGREEMENT.
10.1. AGREEMENT. If the software was
purchased on a disk: BY OPENING THE SHRINKWRAP PACKING CONTAINING THE SOFTWARE
DISK, I AGREE TO THE ABOVE TERMS.
10.2. AGREEMENT. If the software is to be purchased by online download: BY SELECT-ING THE DOWNLOAD OPTION BELOW, I AGREE TO THE ABOVE TERMS.