End-User License Agreement
AUTODATA SYSTEMS SOFTWARE END-USER LICENSE AGREEMENT
PLEASE NOTE: IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AS SPECIFIED IN THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE. RETURN THIS ENTIRE PACKAGE TO THE PLACE YOU PURCHASED IT FOR A REFUND. RESTOCKING FEE MAY BE APPLICABLE.
AUTODATA® SYSTEMS SOFTWARE LICENSE
This software is protected by United States copyright law and international treaty provisions. Therefore, you may make archival copies of this software for the sole purpose of backing-up the software and protecting your investment. You may use the software only on a single CPU. This means you must license a copy of the software for each computer on which you wish to use the software.
You may not download or transmit the software electronically (either by direct connection or telecommunication transmission) from one computer to another for purposes other than back-up, or as instructed by AutoData. You may transfer all of your rights to use the software to another person, provided that you transfer to that person (or destroy) all of the software, disk(s), CD-ROM and documentation provided in this package, together with all copies, tangible or intangible, including copies in RAM or installed on a drive, as well as all back-up copies. Once you transfer the software, it may only be used at the single location to which it is transferred, and only in accordance with the copyright laws and international treaty provisions. Except as stated in this paragraph, you may not otherwise transfer, rent, lease, sub- license, time-share, or lend the software, disk(s), CD-ROM or documentation. Your use of the software is limited to acts that are essential steps in the use of the software on your computer as described in the documentation. You may not otherwise modify, alter, adapt, merge, decompile or reverse-engineer the software, and you may not remove or obscure AutoData Systems and/or Electro-Sensors copyright or trademark notices.
AutoData Systems (“AutoData”), a unit of Electro-Sensors, Inc. (“Electro-Sensors”) warrants the physical disk(s), CD-ROM and/or physical documentation enclosed herein to be free of defects in materials and workmanship for a period of sixty days from the purchase date. If AutoData receives notification within the warranty period of defects in materials or workmanship, and such notification is determined by AutoData to be correct, AutoData will replace the defective disk(s), CD-ROM or documentation. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE AUTODATA SALES DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER.
AUTODATA SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AUTODATA DOES NOT WARRANT OR GUARANTEE THAT THE AUTODATA SYSTEMS SOFTWARE WILL ACCURATELY IDENTIFY ALL CHARACTERS OR MARKS. YOU AGREE TO ASSUME ALL RISK AND LIABILITY, AND AGREE TO INDEMNIFY AND HOLD AUTODATA HARMLESS FROM ALL CLAIMS, ACTIONS, DAMAGES, LIABILITY, COSTS AND EXPENSES RESULTING FROM THE FAILURE OF THE AUTODATA SYSTEMS SOFTWARE TO ACCURATELY IDENTIFY SUCH CHARACTERS OR MARKS.
Specifically, AutoData makes no representation or warranty that the software is fit for any particular purpose, and any implied warranty of merchantability which cannot be disclaimed is limited to the sixty-day duration of the Limited Warranty covering the physical disk(s), CD- ROM and physical documentation only (and not the software) and is otherwise expressly and specifically disclaimed.
The entire and exclusive liability and remed for breach of this Limited Warranty shall be limited to replacement of defective disk(s), CD- ROM or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data or use of the software, or special, incidental or consequential damages or other similar claims, even if AutoData has been specifically advised of the possibility of such damages.
This limited warranty gives you specific legal rights; you may have others which may vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
GOVERNING LAW AND GENERAL PROVISIONS
This license shall be construed, interpreted, and governed by the laws of the State of Minnesota. If any provision of this license is found void or unenforceable, it will not affect the validity of this license, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in full force and effect. In no event will AutoData’s liability for any damages to you or any other person ever exceed the lower of suggested list price or actual price paid for the license to use the software, regardless of any form of the claim.