Professional Documents
Culture Documents
TERMCOND
TERMCOND
If You do not agree to these Terms and Conditions, we are unwilling to grant
You access to the Autodata Subscription CD. In this case You must return the
Autodata Subscription CD (and all accompanying documentation) to Autodata
within 7 days of receipt. If You do this Your Subscription Fee will be refunded.
1. DEFINITIONS
In these Terms and Conditions of Use:
�Registration Form�
means the registration form completed by You confirming Your details, the
Subscription
Period and the Subscription Fee payable; where there is any inconsistency
between these
Terms and Conditions and the Registration Form, the provisions of these Terms
and
Conditions shall prevail;
�Subscription Fee�
means the fee agreed between You and Autodata as set out in the Registration
Form; and
�Subscription Period�
means the period for which You have paid the Subscription Fee to access the
Autodata
Subscription CD as set out in the Registration Form; and
�You�
means the organisation paying to have access to the Autodata Information, and
�Your�
will be construed accordingly
2. LICENCE:
(a) On receipt of the correctly completed Registration Form and in consideration
of
(and receipt of) payment by You of the Subscription Fee to Autodata or its
authorised agent, Autodata grants You a non-exclusive, non-transferable
limited
licence to use Autodata Subscription CD for the Subscription Period subject
to
these Terms and Conditions of Use.
(b) Under these Terms and Conditions, You are entitled to:
(c) The licence granted under these Terms and Conditions is for the Subscription
Period only and is issued to a single site or address as set out in the
Registration
Form and covers the installation and use of Autodata Subscription CD on a
single
personal computer in use at that location including the downloading and use
of the
software programs and data to the hard disk of that single personal computer.
Only
You and Your employees are authorised to use the Registration Code given to
You
in accordance with paragraph 2(a), and You will not (and You will ensure Your
(d) Registration Codes permitting the use of Autodata Subscription CDs on one or
more
additional personal computers at the location applicable in paragraph 2(c)
are
issued only at the discretion of Autodata or its authorised agent and may be
subject
to the payment of additional subscription fees.
(e) You will only use the Autodata Subscription CD as a source of reference for
the
purposes of maintaining and repairing motor vehicles. You may not use, rent,
lend,
lease, sell, distribute, transmit or otherwise transfer Autodata Subscription
CD or
any Registration Code or any copy, modification, translation or adaption of
Autodata Subscription CD or any Registration Code in whole or in part except
as
permitted by law or expressly set out in these Terms and Conditions. You may
not
reverse compile, disassemble, reverse engineer or create derivative works
based
on all or any portion of Autodata Subscription CD.
(f) During the Subscription Period and for a period of 12 months following its
termination (for whatsoever reason), You must permit Autodata and its
representatives,
at all reasonable times and on reasonable advance notice, to inspect and have
access to
any premises, and to the computer equipment located there, at which the
Autodata
Subscription CD is (or was) being kept or used, and any records kept pursuant
to
these Terms and Conditions, for the purpose of ensuring that You are
complying with
these Terms and Conditions.
(g) You shall keep the Autodata Subscription CD secure and the Registration Code
and
any other access details confidential and will not disclose them to any
person not
entitled to access the Autodata Subscription CD pursuant to these Terms and
Conditions.
(h) You shall replace the current version of the Autodata Subscription CD with
any
updated version or new release provided by Autodata or its authorised agent
under
these Terms and Conditions immediately on receipt of such version or release.
You shall not have any rights in or to Autodata Subscription CD other than
the rights
specifically granted under these Terms and Conditions and the Registration
Form
and all rights not expressly granted to You are reserved by Autodata.
(b) The copyright notice included in Autodata Subscription CD must at all times
remain
an integral part of Autodata Subscription CD and any permitted copy.
(c) AUTODATA and the Autodata logo are registered trade marks of Autodata
Limited.
4. WARRANTY AND LIABILITY
(a) The information contained in Autodata Subscription CD has been compiled by
Autodata Limited from information supplied by vehicle and component
manufacturers and from the results of tests carried out by Autodata. All
reasonable
care has been taken to ensure the accuracy of such information. Nevertheless,
(b) The information contained in Autodata Subscription CD was compiled for use
with
vehicles manufactured to European specifications. You should be aware that in
countries outside Europe model names and descriptions and the specifications
relating to them, may differ from those listed in Autodata Subscription CD.
(c) The information contained in Autodata Subscription CD is provided �AS IS� and
all
conditions or warranties express or implied, statutory or otherwise
(including
without limitation those pertaining to accuracy, completeness, currency, non-
infringement, merchantability or fitness for a particular purpose (whether or
not
notified) of any product) are hereby excluded.
(d) Autodata warrants that the compact discs on which Autodata Subscription CD is
provided are free from all defects in materials and workmanship under normal
use
and shall remain so for a period of 90 days from the date of delivery to You.
This
warranty is limited to the original purchaser of Autodata Subscription CD
only and is
not transferable.
(e) During the warranty period referred to in paragraph 4(d) above, Autodata will
replace any Autodata Subscription CD compact disc not meeting the standards
referred to in paragraph 4(d) above which is returned to Autodata with proof
of
purchase.
(f) The warranty in paragraph 4d) does not apply to any version of Autodata
Subscription CD which has been damaged as a result of any misuse or
alteration of
the media on which it is stored by anyone other than Autodata.
(g) Except as set out in these Terms and Conditions or as required by law, no
other
warranties (whether express or implied) are made in respect of Autodata
Subscription CD. Nothing in these Terms and Conditions will operate to limit
or
exclude a party�s liability for death or personal injury resulting from
negligence,
fraud, or any liability which cannot be excluded by applicable law.
(h) Your sole remedy and the entire liability of Autodata are as set out in these
Terms
and Conditions and in no event shall Autodata be liable to You or any other
person
for any loss of revenue, loss of actual or anticipated profits whether
arising in the
normal course of business or otherwise (including, without limitation, loss
of profits
on contracts); loss of the use of money; loss of anticipated savings; loss of
(i) You hereby indemnify and hold harmless Autodata from and against all
liability, cost
(including legal costs), damage, loss, action, claim or proceedings arising
directly or
indirectly as a result of any unauthorised use by You (or Your employees or
any
third party to whom You or Your employees have granted access to the Autodata
5. GENERAL
(a) You shall not transfer, assign, sub-license or otherwise dispose of these
Terms and
Conditions, or any of Your rights or obligations arising under it, without
the prior
written consent of Autodata.
(b) In the event that You fail to comply with these Terms and Conditions,
Autodata
shall be entitled to terminate the licence granted to You under these Terms
and
Conditions with immediate effect and without notice.
(c) On expiry of the Subscription Period (in accordance with paragraph 5(b) or
for
whatsoever reason), all rights granted to You under these Terms and
Conditions will
cease. Should You not renew your subscription by expiry of Your current
Subscription Period, Your ability to access the contents of the Autodata
Subscription CD will cease and You must cease all activities authorised by
these
Terms and Conditions.
(d) If any provision of these Terms and Conditions granted to You is declared
void or
unenforceable the remaining provisions of these Terms and Conditions shall
remain
in full force and effect.
(e) Nothing in these Terms and Conditions shall be deemed to constitute a
partnership
between the Parties nor constitute any Party the agent of the other Party.
(f) Nothing in these Terms and Conditions are intended to confer any benefit on
any
third party (whether such benefit would have arisen under the Contracts
(Rights of
Third Parties) Act 1999 or otherwise) and no term will be enforceable by any
third
party.
(g) No amendment or variation to these Terms and Conditions shall take effect
unless
it is in writing, signed by authorised representatives of each of the
Parties.
(h) These Terms and Conditions and the Registration Form constitute the entire
agreement between You and Autodata and supersedes any previous arrangement,
understanding or agreement between You and Autodata relating to the Autodata
Subscription CD.
(i) These Terms and Conditions shall be governed by and construed in accordance
with
the laws of England and Wales and the Courts of England and Wales shall have
non-
exclusive jurisdiction.