Warranty Watch ("the Software Product") and any accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Warranty Watch, LLC or its subsidiaries, affiliates, and suppliers (collectively "Warranty Watch") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to use the Software Product is subject to these rights and to all the terms and conditions of this Software License Agreement ("Agreement").
AcceptanceYOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND USING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO ACCESS THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT USE THE SOFTWARE PRODUCT.
License Grant
This Agreement entitles you to use the Software Product up to the number of licenses purchased
from Warranty Watch. Each user of the Software Product must have a current, paid-up, license
from Warranty Watch in order to access the Software Product. This Agreement does not permit
the download, copying, or reverse engineering of the Software Product, or any other method to
obtain or derive the source code for the Software Product.
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in computer memory and not
permanently affixed on storage medium.
Each licensed user of the Software Product has a license to access and use the documentation,
training materials, or other support documents created by Warranty Watch during the term of
their license from Warranty Watch to use the Software Product. Documentation, training
materials, or other support documents created by Warranty Watch are protected by copyright,
and may not be freely copied, duplicated, disseminated or sold without the consent of Warranty
Watch.
Without first obtaining the express written consent of Warranty Watch, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Compliance with Manufacturer Warranties or ProceduresLicensee is solely responsible for ensuring compliance with the warranty programs and procedures disseminated by Vehicle Manufacturers. In the event of any connectivity failure, Licensee is responsible for ensuring manual compliance with the warranty programs and procedures disseminated by Vehicle Manufacturers.
Changes in Manufacturer Warranties or ProceduresLicensee must advise Warranty Watch of any changes made by Vehicle Manufacturers to the terms or operating procedures of their respective warranty programs. Such notice must be given to Warranty Watch with sufficient time in which to modify the Software Product, if possible, to become compliant with any applicable new requirement or procedure.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY WARRANTY
WATCH, WARRANTY WATCH MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED
WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Warranty Watch makes no warranty that the Software Product will meet your requirements or
operate under your specific conditions of use. Warranty Watch makes no warranty that the
Software Product is in compliance with the warranty program of any particular Vehicle
Manufacturer. Warranty Watch makes no warranty that operation of the Software Product will be
secure, error free, or free from interruption. Warranty Watch makes no warranty that Internet or
Network connectivity will be sufficient at your location to access the Software Product. You
acknowledge that Internet or Network connectivity could be lost, diminished, or interrupted at
any time without any fault of Warranty Watch.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY
MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU
BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE
TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.
WARRANTY WATCH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE
OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION
STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL WARRANTY WATCH, ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY
FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR
EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS
OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE
FURNISHING, PERFORMANCE, OR USE OF THE SOFTWARE PRODUCT, WHETHER
DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE
OF WARRANTY WATCH OR ANY OTHER PARTY, EVEN IF WARRANTY WATCH IS
ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
EXTENT THAT THE APPLICABLE JURISDICTION LIMITS WARRANTY WATCH'S
ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE
EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or update of the Software Product. Selection of whether to correct or update shall be solely at the discretion of Warranty Watch. If Warranty Watch is unable to provide a correction or update to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the license prorated against the remainder of the license term.
Choice of LawThis Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions.
SeverabilityIf any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.