OBDII Software Licences

EasyObdII - VERSION 2.9.0 (FREE Try before you Buy) and VERSION 4.0.1 (FULL) - SOFTWARE / HARDWARE AGREEMENTS


IMPORTANT – PLEASE READ CAREFULLY:-


DEFINITIONS


(a) “EULA” means End User Licence Agreement.


(b) “You” or “Your” means either an individual person or a single legal entity.


(c) “Author” means the copyright owner of the Software.


(d) “Software” means only the EasyObdII Software program(s) and corresponding documentation, associated media, printed materials, and online or electronic documentation.


(e) “Hardware” means only a OBDLink SX USB, OBDLink EX USB, OBDLink LX Bluetooth or OBDLink MX+ Bluetooth device.


PART I - SOFTWARE EULA AND WARRANTY DISCLAIMER


1. LEGAL AGREEMENT


This EULA is a legal agreement between You and the Author. It provides a licence to use the Software and contains warranty information and liability disclaimers. By clicking the “I Agree” button, downloading, installing and/or using the Software, You are confirming Your acceptance of the Software and agreeing to become bound by the terms of this agreement. If You do not agree to be bound by these terms, You are not licenced to use the Software and You must destroy all copies of the Software in Your possession or control.


2. SOFTWARE LICENCE


(a) Licence Grant. Upon Your acceptance of this EULA, the Author grants You a personal, revocable, non-exclusive, non-transferable (except as provided below), limited licence to download, install and use a copy of the Software on Your compatible device with the diagnostic Hardware in strict accordance with the terms of this EULA.


(b) Title. This EULA gives You a limited licence to use the Software. the Author and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. The Software is protected by the copyright laws of the United Kingdom and international treaties. All rights not specifically granted in this EULA are reserved by the Author.


(c) Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly.


(d) Additional Restrictions. You may not loan, rent, lease, sublicence, distribute, transmit, host, otherwise commercially exploit the Software or make the Software available to any third party. You may not copy, distribute, or make derivative works of the Software except as expressly set forth above, and any copies that You are permitted to make pursuant to this EULA must contain the same copyright, patent and other intellectual property markings that appear on or in the Software. You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this EULA. You will comply with applicable law and the Author's instructions regarding the use of the Software. You agree to notify anyone who may have access to the Software of the restrictions contained in this EULA and to ensure their compliance with these restrictions. You may not alter or modify the Software or create a new installer for the Software.


3. INTELLECTUAL PROPERTY RIGHTS


You acknowledge that the Software and any copies that You are authorised by the Author are the intellectual property of and are owned by the Author and its suppliers. The structure, organisation, object and source code of the Software are the valuable trade secrets and confidential information of the Author and its suppliers. You acknowledge that the Author retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software and all accompanying printed materials. You will take no actions that adversely affect the Author's intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give You any right of ownership in that trademark. Except as expressly stated above, this EULA does not grant You any intellectual property rights in the Software.


4. WARRANTY DISCLAIMER


THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AUTHOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, TITLE, AND NON- INFRINGEMENT. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF DOWNLOAD, INSTALLATION OR USE. THE AUTHOR HAS NO OBLIGATION TO RELEASE ANY SOFTWARE UPDATES. ANY (IF ANY) UPDATES TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY (IF ANY) FIXES OR SERVICE PACKS PROVIDED TO YOU ARE NOT COVERED BY ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS THE AUHTOR FROM ANY THIRD PARTY CLAIM TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE.


5. LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, GENERAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR ANY PROVISION OF THIS END USER LICENCE AGREEMENT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LEGALLY, LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, THE AUTHOR'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL NOT EXCEED THE AMOUNT OF THE ORIGINAL PURCHASE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.


6. TERM AND TERMINATION


Without prejudice to any other rights or remedies of the Author, this EULA may be terminated by one or more of the following :-


(a) by You giving the Author written notice of termination.


(b) by the Author, at its option, giving You written notice of termination.


(c) the Author giving You written notice of termination if You fail to comply with the terms and conditions of the EULA. Upon any termination of this EULA, You must cease all use of the Software, licenced hereunder, destroy all copies in Your possession or control and take such other actions as the Author may reasonably request to ensure that no copies of the Software remain in Your possession or control.


7. GOVERNING LAW


This EULA shall be governed and construed by the laws of England and You submit to the exclusive jurisdiction of the English courts.


8. ENTIRE AGREEMENT


This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between You and the Author relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. The failure or delay of the Author to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach. To the extent the terms of any of the Author's policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.


PART II - HARDWARE COMPATIBILITY


You must only use the Hardware stated in this EULA. The Software is designed for use with the stated Hardware only.


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