MOTOR END-USER LICENSE AGREEMENT
THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND MOTOR INFORMATION SYSTEMS, HEARST BUSINESS PUBLISHING, INC. (“MOTOR”). BY ACCESSING ANY OF THE MOTOR DATABASES VIA THIS WEB SITE, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE DATABASES.
End-User License Agreement
The following terms and conditions of use set forth in this End-User License Agreement (the “License”) set forth the basic rules that apply to the services provided by Identifix, Inc. (the “LICENSOR”) on this website (“Identifix”), which may change at any time in the future without notice. Every user of the services provided hereunder agrees to comply with the terms and condition of this License. Before using Identifix, please carefully read the following terms and conditions of this License and the Motor End-User License Agreement.
You the end user (“YOU”), and LICENSOR incur certain benefits, rights, and obligations to each other when you use the databases available through Identifix. BE SURE YOU READ THE LICENSE AND ATTACHMENT A CAREFULLY, SINCE BY USING THE DATABASES THROUGH Identifix YOU INDICATE YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE SET FORTH HEREIN, DO NOT ACCESS OR USE THE Identifix WEB SITE.
You enjoy a limited, non-exclusive license to use the databases on a single computer in consideration for payment of the required license fee and your acceptance of the terms and conditions of this License. This License may be terminated at any time without reason at the sole discretion of LICENSOR. You acknowledge that you do not own the databases or portions thereof. You also acknowledge that the databases are furnished “as is,” and contain copyrighted and/or proprietary and confidential information of LICENSOR, its licensors and assignees.
THERE ARE LIMITATIONS ON YOUR RIGHTS:
The distinctive and original layout and presentation of Identifix also constitutes protectable trade dress under applicable federal and state law. Unauthorized copying of the trade dress of the Identifix Web Site is strictly prohibited.
LICENSOR, and its accompanying service marks, logos and trademarks are the property of LICENSOR. Any additional names, service marks, logos, or trademarks of third party vendors of LICENSOR included on Identifix are used with permission from such vendors. The use or misuse of any of the names, service marks, logos, or trademarks used on Identifix is strictly prohibited.
Any framing of the contents of Identifix without the prior written permission of LICENSOR is strictly prohibited.
Other sites may link to Identifix only with the express prior written permission of LICENSOR. Ordinary and automatic terms and conditions for consensual linking shall include, without limitation our right to demand, without reason, that the link be removed. Merely because a link may exist on another third party site to LICENSOR, whether with or without our knowledge and/or permission, does not mean that LICENSOR approves of, sponsors or is associated with the third party web site or its goods or services.
Your use of Identifix is at your own risk. Identifix IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LICENSOR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON Identifix IS ACCURATE, COMPLETE OR CURRENT OR THAT Identifix WILL OPERATE WITHOUT INTERRUPTION OR ERROR. LICENSOR DOES NOT ENDORSE, NOR TAKE RESPONSIBILITY FOR, THE CONTENT OF THE SITES TO WHICH Identifix IS LINKED — SUCH LINKS ARE PROVIDED FOR CONVENIENCE ONLY. LICENSOR ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN Identifix, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM Identifix.
LIMITATIONS ON LIABILITY.
UNDER NO CIRCUMSTANCES, SHALL LICENSOR, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT INJURIES, LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE Identifix. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL INJURIES, LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LICENSOR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH Identifix OR ANY CONTENT ON Identifix, OR WITH THE TERMS AND CONDITIONS OF THIS LICENSE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Identifix. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LICENSOR UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
CANADA ANTI-SPAM LEGISLATION (CASL).
You are providing express consent to receive commercial electronic messages (CEMs) as defined by the Canadian Anti-Spam Legislation, including, but not limited to, Identifix product and service offerings, product documentation, industry publications, quality surveys and event invitations.
MODIFICATION OF TERMS AND CONDITIONS OF USE.
LICENSOR reserves the right, at any time, to modify or update these terms and conditions of the License, and by accessing and using Identifix, you agree to be bound by any such modifications or updates. Therefore, you should periodically visit this page to review the current terms and conditions of this License to which you are bound.
This License is the entire agreement between you and LICENSOR or its assignees, interpreted and enforced under the laws of the State of Minnesota, U.S.A
From section 6.3 of the agreement:
Portions of materials contained herein are sourced from Chrysler LLC.
From section 5.2 of the agreement:
This publication contains material that is reproduced and distributed under a license from Ford Motor Company. No further reproduction or distribution of Ford Motor Company material is allowed without the express written permission of Ford Motor Company.
The recommended times for the repairs described in this publication with respect to Ford and Lincoln- Mercury branded products are not based solely upon time studies conducted by Ford Motor Company. The repair times it recommends to its franchised dealers for warranty repairs are based on time studies of the diagnostic and repair procedures it conducts and publishes in Ford Motor Company service manuals. Accordingly, the recommended repair times specified in this publication are designed for aftermarket repairs only.
From section 4.3 of the agreement:
Portions of materials contained herein have been reprinted with permission of General Motors Corporation, Service and Parts Operations, License Agreement 1010810.
From section 4.3 of the agreement:
Portions of materials contained herein have been reprinted under license from American Honda Corporation, License Agreement 09217AH.
From section 4.3 of the agreement:
Portions of materials contained herein have been reprinted under license from Toyota Motor Sales, U.S.A., Inc., License Agreement TMS1003. Please see https://www.identifix.com for important disclosures regarding these materials.
Materials Reprinted Under License from Toyota Motor Sales, U.S.A., Inc. All information contained herein about Toyota, Lexus, and Scion vehicles is based on the latest product information available at the time of publication, is provided “as is” without warranty of any kind, and is intended for service providers and other interested parties in Canada, Mexico, and the United States of America, including Guam, Puerto Rico, and the U.S. Virgin Islands. Specifications and procedures are subject to change without notice. This information is provided expressly for the purpose of use by professional automobile technicians who have special techniques and certifications. Repair or service by non-specialized or uncertified technicians using only this information, or without proper equipment or tools, may cause severe injury to the individual or other individuals and could possibly cause damage to the vehicle. Certain procedures or content elements may make reference to Toyota Warranty policy or practice – these policies or practices are only applicable to Toyota Lexus, or Scion dealers.
From Section 1 of the agreement:
All content included on this site, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations and software is the property of Licensee or its content suppliers. Any other use in electronic or print publications is not allowed without prior express written permission of Licensee or its content suppliers , as applicable. All other trademarks not owned by Licensee that appear on this site are the property of their respective owners. Licensee has obtained the required permission to display this information. Among others, data contents are in particular licensed by Volvo Car Corporation.
The recommended times for the repairs described in this publication with respect to Volvo branded products are not based solely upon time studies conducted by Volvo Car Corporation. The repair times it recommends to its franchised dealers for warranty repairs are based on time studies of the diagnostic and repair procedures it conducts and publishes in Volvo service manuals . Accordingly, the recommended repair times specified in this publication are designed for aftermarket repairs only.
Unauthorized use of the Volvo Technical Information Database or failure to comply with this Agreement will result in termination of the license if Licensee fails to cure for such breach as soon as reasonable possible after receipt of notice of the same. Information received through the Volvo Technical Information Database is to be used solely for the Purpose. The access to the Volvo Technical Information Database hereby granted is non-transferable and non-exclusive.
All licenses granted hereunder are restricted to the territories with presence of Audatex as listed on www.audatex.com (the “Territory”) only and the Licensee shall have no license to any of the Volvo Technical Information Database outside the Territory.
From section 4.3 of the agreement:
Portions of materials contained herein have been reprinted under license from Volkswagen Group of America, Inc., License Agreement 10507VWA.