1. USE OF CarMD PRO SCAN CONTENTS OR SERVICES
Subject to your continuing compliance with the terms and conditions of this EULA, the Subscription Agreement and all other terms and conditions associated with your use of CarMD PRO SCAN, CarMD.com Corporation (CarMD) hereby grants you a conditional, limited, personal, non-exclusive, and non-transferable license to access the Web Site and to use the Service and Content as defined below. A single registered copy of Content may be installed on a single mobile processing service or on a single computer. THIS IS NOT A CONCURRENT USE LICENSE. You may not share any login information or access credentials to any third party.
2. RESTRICTIONS ON USE
You may not: (i) modify or create any derivative works of Content; (ii) compile, or associated with decompile, disassemble, or reverse engineer, any content, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of the Content, (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in or associated with the Content (except to the extent applicable laws specifically prohibit such restriction), or (c) retrieve, compile, or mine data associated with the Content and which is not presented to you as End User during the normal course of operation and use of the Service; (iii) attempt to access or use the premium features of the Service if you have not paid the applicable fees, or by any manner or method other than using the license key for CarMD PRO SCAN provided by CarMD; (iv) redistribute, encumber, pledge, sell, assign, rent, lease, sublicense, or otherwise transfer any Content or rights thereto, including any registration codes and license keys; (v) use the Service or Content in a timesharing, service bureau, application service provider, or similar business arrangement; or (vi) remove or alter any trademark, trade name, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. The CarMD PRO SCAN-produced skins that are provided with the Service may only be used with CarMD PRO SCAN SERVICE and may not be used with any other software or other third-party product or service.
3. COMPLIANCE WITH APPLICABLE LAWS
You agree that the Service, any mobile device or other Hardware, and any vehicle, operatively associated with the Service will be operated and used in accordance with all Federal, State and local laws, including data privacy laws. You are strictly responsible for knowing and understanding the relevant Federal, State and local laws that apply to your personal use of the Service.
If you breach this EULA, your right to access and use the Service and Content shall terminate immediately and without notice. The respective rights and obligations of CarMD; including its Affiliates, and you under the terms of Sections 2 (“Restrictions on Use”), 3 (“Compliance with Applicable Laws”), 4 (“Termination”), 5 (“Proprietary Rights”), 6 (“Indemnification”),7 (“Disclaimer of warranty for the service”), 8 (“Limitation of Liability”), 10 (“Injunctive Relief”) and 11 (“Miscellaneous”) shall survive expiration or termination of this EULA and you agree to continue to be bound by those terms. Upon termination, you shall destroy all copies of the any Content, and any derivatives thereof that you may have in your possession, custody or control.
5. PROPRIETARY RIGHTS
Title, ownership rights, and intellectual property rights in the Content shall remain in CarMD and/or its Affiliates, licensors and suppliers. You acknowledge their ownership of such intellectual property rights and you agree that you will not take any action to jeopardize, limit or interfere in any manner with CarMD, or its Affiliates’, licensors’ or other suppliers’ ownership of intellectual property rights with respect to the Service and Content. The Content is protected by patents, copyrights and other intellectual property laws and by international treaties. All trademarks and service marks (herein, collectively “trademarks”) used in connection with the Service are owned by CarMD, or its Affiliates, and no license to use any such trademark is provided hereunder. You agree that CarMD may use in any manner and without limitation all comments, suggestions, complaints and other feedback you as End User provide relating to the Service.
You agree to indemnify, hold harmless, and at CarMD’s request, to defend CarMD, and its Affiliates from any and all costs, damages and reasonable attorneys’ fees resulting from any breach by you of this EULA, or any claim that your use of the Service or Content has injured or otherwise violated any right of any third party, or otherwise violates any law.
7. DISCLAIMER OF WARRANTY FOR THE SERVICE
THE SERVICE, THE SITE, THE APP AND THE CONTENET ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR REPRESENTATIVES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARMD, ITS AFFILIATES, LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES THAT THE SERVICE OR ANY CONTENT IS FREE OF DEFECTS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS; THAT THE FUNCTIONALITY OF THE SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT ERRORS IN THE SERVICE OR CONTENT WILL BE CORRECTED; THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, RECEIVE OR FIT FOR A PARTICULAR PURPOSE OR THAT THE SERVICE IS NEED; OR NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARMD OR ANY AUTHORIZED REPRESENTATIVE OF CARMD, OR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS, OR ANY CARMD PRO SCAN CONTENT SHALL CREATE ANY WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY, THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. CARMD AND ITS AFFILIATES WILLL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICE. YOU BEAR THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR ARISING IN CONNECTION WITH USE OF THE SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS EULA. NO USE OF THE SERVICE OR ANY CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARMD OR ITS AFFILIATES BE LIABLE FOR ANY CLAIMS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, OR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CARMD OR ANY OF ITS AFFILIATES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, CARMD, AND ITS AFFILIATES’ ENTIRE COLLECTIVE LIABILITY UNDER OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE CONTENT OR PROVISION OF A REASONABLY SIMILAR SERVICE, AS DETERMINED AT CARMD’S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY DETERMINED TO BE CAUSED BY THE NEGLIGENCE OF CARMD OR ITS AFFILIATES, BUT THEN SOLELY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ADDITIONALLY, CARMD AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF: (i) CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE SERVICE AND/OR ANY MATERIAL LINKED TO ANY CONTENT; (ii) THE USE OR OPERATION OFANY THIRD PARTY DONGLE OR OTHER DEVICE TO ACCESS, RETRIEVE, OR COMMUNICATE INFORMATION BETWEEN THE VEHICLE AND THE CARMD PRO SCAN WEBSITE; OR (iii) THE USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON THE CARMD PRO SCAN WEBSITE FOR USE WITH THE SERVICE; OR (iv) ANY DAMAGE CAUSED BY IMPROPER OR IMPRUDENT USE OF THE SERVICE, ANY DEVICE FOR PROVIDING THE SERVICE OR ANY CONTENT, INCLUDING USE WHILE DRIVING; OR (v) INTERFERENCE OR DAMAGE TO YOUR WIRELESS DEVICES OR ANY OTHER WIRELESS DEVICES OPERATING IN CLOSE PROXIMITY TO YOU.
9. MOBILE DEVICE DATA USAGE
The Service provides access to features and functionality that may use the data connection of your computer or mobile device. Depending on your mobile data plan, you may be charged for data use by your mobile device carrier. While many mobile devices automatically disable data usage when roaming (using your mobile device outside your country or covered area of your carrier) or in other situations, if the data connection is active and you use the Service, it may result in even higher charges. CarMD and its Affiliates are in no way responsible or liable for any and all charges you receive from your data plan provider by using the Service.
10. INJUNCTIVE RELIEF
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this EULA by you shall cause CarMD or its Affiliates irreparable damage for which recovery of monetary damages would be inadequate and that CarMD or its Affiliates therefore may obtain timely injunctive relief to protect its rights under this EULA, without the need to post any bond, in addition to any and all other remedies available at law or in equity.
This EULA constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of CarMD. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this EULA should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this EULA if no such modification is possible, and other provisions of this EULA shall remain in full force and effect. A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. CarMD may assign this EULA to any entity at its sole discretion. This EULA shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This EULA is the complete statement of the agreement and supersedes any proposal or prior communications between CarMD or any of its Affiliates and you relating to the subject matter of this EULA, and this EULA may only be modified by a written amendment signed by an authorized representatives of both parties.
Patents owned by CarMD, which may be used in connection with CarMD PRO SCAN SERVICE are listed at www.CarMD.com/patents. Except as specifically provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise the granting of any license or right under any patent, copyright or trademark of CarMD or any of its Affiliates, except as expressly provided herein.
13. MODIFICATIONS, INTERRUPTION OR DISCONTINUATION
CarMD reserves the right in its sole discretion to either modify or discontinue the Service, including any Content, at any time with or without notice to you. We shall not be liable to you or any third party should CarMD exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, and the manner of providing or operating the Service. Any new features that supplement, enhance or otherwise change the then current Service, and your use thereof, shall also be subject to this EULA.
You understand and agree that interruptions of the Service may occur as normal events. You further understand and agree that CarMD and its Affiliates have no control over third-party networks you may access or be required to access in the course of your use of the Service, and therefore, delays and disruption of or by other network transmissions are completely beyond our control.
You understand and agree that CarMD assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.