End-user Licence Agreement (EULA)
- Source Data The technical information originating from the automobile manufacturers and other certified suppliers, which the Licensor processes into Technical Data for purposes of its contractual counterparty.
- EULA The subject Agreement.
- Incorrect Source Data An inaccuracy or error in the Source Data and/or its presentation.
- Incorrect Technical Data An inaccuracy or error in the Technical Data and/or its presentation.
- Infringement Acting contrary to one or more conditions related to the EULA.
- Licence The non-exclusive right granted to use the Licensor’s specific Technical data.
- Licensor HaynesPro B.V.
- Technical data The Source Data edited by the Licensor using his own formats to be issued by Licence.
Acceptance of EULA
The EULA is a legal agreement between you and the Licensor. You agree that the EULA is enforceable in the same way as any written agreement established by you. The EULA regulates the use of the Technical Data (possibly with associated software) originating from the Licensor. By clicking on the ‘I agree’ button and/or by making use of Technical Data from the Licensor you agree to the content of the EULA. If you do not accept the EULA, you cannot and may not make use of the Technical Data.
Licensing and Infringement
The Licensor gives you a non-exclusive and non-transferable right to use the Technical Data specifically made available to you on the basis of the conditions as contained in the EULA. The Licensor allows you to use the Technical Data solely in accordance with the conditions of the EULA.
Leasing, lending, public dissemination (including providing support to third parties by means of a helpdesk or any other means), or any other form of distribution and/or simplification of Technical Data - by any means - is prohibited.
Changing the Technical Data in whole or in part is prohibited, as is developing products that are derived from the Technical Data. You will also not permit others to perform such actions.
In the case of an Infringement you should cease the use of the Technical Data immediately and you are liable to the Licensor for any loss incurred by the Licensor as a result of the Infringement, including any extra judicial and judicial costs to be incurred by the Licensor.
Intellectual property rights
The copyright and other intellectual, industrial and/or other property rights to the Technical Data and to any copy that is made thereof are and remain the property of the Licensor and/or its suppliers.
The Licensor guarantees that the Technical Data can be consulted and/or printed without this being seriously hindered by errors and/or other shortcomings in the software, provided that use is made of the software application supplied by the Licensor. If the Technical Data cannot be consulted or cannot be consulted effectively or fully, the Licensor will do everything reasonably possible as quickly as possible to resolve this.
Neither the Licensor nor its suppliers are liable to you and/or third parties for any loss, for direct, indirect or incidental loss, consequential loss or other loss (including, but not limited to loss arising from the inability to use the Technical Data or to gain access thereto, loss of information, business loss, loss of profit, business interruption, etc.) arising otherwise from the use of or inability to use the Technical Data.
Despite any loss that you incur for whatever reason, the Licensor’s liability arising from or related to these EULA for Incorrect Source Data is excluded, unless intent or wilful recklessness exists on the part of the Licensor.
For the rest the liability of the Licensor (including for Incorrect Technical Data) is limited in all cases to the amount of € 1,000.-.
Applicable law and competent court
This agreement is subject to Dutch Law. The court in Utrecht is competent to hear disputes arising from the EULA.
3811 SM LEUSDEN