Warranty disclaimer and software license agreement
NOTICE TO USERS:
YOU MUST AGREE TO ALL TERMS BELOW BEFORE YOU INSTALL OR USE THE SOFTWARE OR ANY FUTURE UPDATES TO THE SOFTWARE. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT USE THIS SOFTWARE OR ANY UPDATES. BY INSTALLING OR USING THE SOFTWARE YOU ACCEPT ALL THE TERMS BELOW.
DENSO International Europe B.V., a private company with limited liability organized and existing under the laws of the Netherlands, having its corporate seat in Weesp, the Netherlands, with office address at Hogeweyselaan 165, 1382 JL Weesp, the Netherlands and registered with the Trade Register of the Chambers of Commerce under number: 32027898.
PART I. WARRANTY DISCLAIMER
The Software is not sold, it is licensed.
You may be entitled to warranties, conditions and terms that may not be excluded or limited by DENSO under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, THESOFTWARE, DENSO ONLINE & CLOUD SERVICES AND THIRD PARTY (as listed hereunder clause 5.2) ONLINE SERVICES ARE MADE AVAILABLE “AS IS”. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, DENSO AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY, NON INFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
YOU ACKNOWLEDGE AND AGREE THAT: DENSO HAS NO EXPRESS OR IMPLIED OBLIGATION TO CONTINUE TO MAKE THE SOFTWARE OR ANY FEATURE THEREOF AVAILABLE NOR INTRODUCE ANY PRODUCTS OR SERVICES COMPATIBLE WITH THE SOFTWARE.
All hardware that was not original included to DENSO e-Videns sales box, is not our product, and thus no warranties are valid. Our products may not be modified in any way. Only genuine accessories and spare parts may be used, which also applies to adapter cables. All breaches of this will void any claims. The equipment may only be used with operative systems which have the specification DENSO specified. If the equipment is used with an operative system that is not meeting DENSO specifications, the warranty ceases to be valid. Also, DENSO does not accept any liability or responsibility for damages and consequences therefor that have arisen due to the use of an operative system not meeting DENSO specifications.
Note: that the vehicle manufacturer's instructions must be followed when working on the vehicle. DENSO does not accept any liability for damages and consequences therefor that have arisen due to not following the vehicle manufacturer’s instructions for the vehicle.
PART II. SOFTWARE LICENSE AGREEMENT
“Software” means the Software named above including any media, and documentation that directly relate to that Software. The term “Software” also includes any future updates to the Software (“Updates”) that are not delivered to you under separate terms.
2. Supply of Software
The Software can be downloaded from Internet. Software updates will be supplied via Internet. The Software automatically checks every execution of it, if there are any updates available. Updates will automatically be downloaded. The user is informed that the update is downloaded and ready to be installed. Updates will be downloaded as long as the License(s) is/are valid or has been renewed with new functionalities.
3. Software License
If you obtained the Software from DENSO or one of its distributors, then as long as you comply with all terms of this agreement you may use the Software in the manner and for the purposes described in its documentation and as described below.
3.1 General Use
You may install and use the Software on a computer, which satisfies DENSO Hardware specification. See Section 4 for restrictions on the use of e-Videns Software.
3.2 Backup Copies
You may make a reasonable number of copies of the Software as backup copies as long as each copy contains all proprietary notices that appear on the Software and your backup copies are used only for archival purposes.
4. Restrictions and Obligations
4.1 No Modification
You will not modify, translate, adapt or create derivative works based upon the Software and Hardware.
4.2 No Inconsistent Use
You will not install or use the Software in a manner inconsistent with its design, including use on computers with which the Software is not designed to operate and use in circumvention of content protection technologies. Copying or sales of data, or Software or parts thereof, is punishable by law.
4.3 No Reverse Engineering
You will not reverse engineer, decompile or otherwise attempt to discover the source code of the Software.
4.4 No Distribution or Transfer
You will not distribute, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize the Software to be copied onto another user’s computer except as expressly allowed by this agreement. You will not make the Software available for use on a server hosted, service bureau or similar basis, on the Internet or otherwise. You may permanently transfer all your rights to use the Software to another person or legal entity as long as (a) you retain no copies and (b) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you properly licensed the Software.
5. Third Party
Use of some third party materials may be subject to terms and conditions typically found in a separate license agreement, terms of service or readme file located near such materials.
6. Intellectual Property Ownership
DENSO and its suppliers own all intellectual property rights in the Software and Hardware (including, but not limited to images, photographs, animations, videos, sound, music, text, documentation and "applets" that are included in the Software) and the enclosed printed material. The Software is licensed, not sold. You will not install copy or use the Software in any manner not expressly permitted above. All rights not expressly granted under this agreement are reserved by DENSO and its suppliers.
By using an Update, you voluntarily terminate your right to use any previous version of the Software. DENSO may deliver Updates to you on different terms. The Software may cause your computer to automatically connect to the Internet to check for Updates that are available for automatic download to your computer.
Software Update contains:
- Program it self
- All data in the databases
- VCI firmware
8. Internet Connectivity and Online Services
8.1 Automatic Connections to the Internet
The Software causes your computer to automatically connect to the Internet in order to perform its analysing and storing results in DENSO cloud. The following provisions apply to all automatic Internet connections by the Software:
8.1.1 The Software automatically connects to the Internet, no personally identifiable information is sent except to the extent that Internet Protocol Addresses may be considered personally identifiable in some jurisdictions
8.2 Online Services Provided by DENSO
The Software facilitates your access to e-Videns Platform Services related websites and services maintained by DENSO or its affiliates (“Services”).
9. LIMITATION OF LIABILITY
EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, DENSO, AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS INCLUDING ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN DENSO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. IN ANY EVENT, DENSO’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCT (Software, Hardware, License(s) and other materials), IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits DENSO’s liability to you in the event of death or personal injury resulting from DENSO’s negligence or for the tort of deceit (fraud). DENSO is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, contact the DENSO Customer Support Department. DENSO accepts no responsibility for damages caused by incorrect Software or Data. This exemption does not cover damages caused deliberately by the customer or through gross negligence.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW IN YOUR JURISDICTION. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER
CONSUMER PROTECTION AND OTHER LAWS. DENSO DOES NOT SEEK TO LIMIT YOUR
WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
10. Governing Law
This agreement will be governed by and construed in accordance with the substantive laws of England and Wales. The respective courts of England shall have exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. General Provisions
Your rights to use the Software terminate immediately if you do not comply with any term of this agreement. If any provision of this agreement is found unenforceable, only that provision, interpreted as narrowly as possible, will be held unenforceable and the rest of this agreement will remain valid and enforceable according to its terms. Section 9 shall survive the termination of this agreement. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of DENSO. This agreement is the entire agreement between DENSO and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
If you have any questions regarding this document or if you wish to request any information from DENSO please use the address and contact information included with this product or via the web at http://densoevidens.co.uk/ to contact the DENSO office serving your jurisdiction.
e-Videns and e-Videns-i are either a registered trademark or trademark of DENSO International Europe in the Netherlands and/or other countries.
When DENSO detects any violations it has the right to stop the license validity. From that point the Software stops working. When you stop your payment, your license loses its validity and the Software stops working.
13. Effects of Termination
Your license loses its validity and the Software stops working, which not frees you from outstanding payment.
1-time a year you need to pay a license fee, else it loses its validity which is checked every execution of the Software.
You can extend your license with extra features. When payment is received your license will be automatically updated for those features you paid for.
15. Data Protection
Software and Data are the property of DENSO and its affiliates and are protected by a security dongle and Cloud security
16. License System
Your license is checked via the security dongle. Therefore the Software needs Internet access. The customer of such valid license(s) is granted a non-exclusive full usage right of the e-Videns Software under condition that the obligation under this agreement are not violated or breached, if so DENSO reserves the right to suspend the license(s) and deactivate the dongle.