IDENTIFIX: End-User License Agreement

For Code Assist Product and Associated Functionality

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.

YOUR RIGHTS:

  • 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:

  • You agree that all of the content (“Content”) located on Identifix, including, without limitation, any images, illustrations, photographs, graphics, audio clips, video clips and text, is copyrighted under United States law and protected by worldwide copyright laws and treaty provisions, unless otherwise noted. The copyrights in the Content are owned by LICENSOR or by third parties who have licensed their materials to LICENSOR. The entire Content of the site is copyrighted as a collective work under U.S. copyright laws, and LICENSOR owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content, nor any portion thereof, without first obtaining written permission from LICENSOR. LICENSOR neither warrants nor represents that your use of the materials displayed on Identifix will not infringe rights of third parties not owned by nor affiliated with LICENSOR.
  • You may not copy the database or portions thereof for any reason whatsoever, except for data found on an individual, vehicle-by-vehicle, lookup basis, provided you only (1) use these copies of the Content for your own personal use, (2) do not copy or post the Content or any part thereof on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. LICENSOR reserves complete title and full intellectual property rights in any Content you copy or download from Identifix.
  • You may not sell, license, lease, rent, loan, or otherwise distribute or network the Content, including without limitation, the databases or portions thereof.
  • You may not revise, translate, convert, disassemble and otherwise reverse engineer the databases or its interface.

Should you fail to abide by the Copyright Law of the United States as it applies to the databases your License will become invalid. You will be liable for the maximum damages, penalties, and legal fees under the law, up to and including imprisonment for violation of federal laws governing federal larceny and interstate commerce. You agree to cease all attempts to access the database and portions thereof immediately after receiving notification that LICENSOR has terminated your license to this database for violation of its provisions.

ADDITIONAL TERMS AND CONDITIONS OF USE

TRADE DRESS.

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.

TRADEMARK NOTICE.

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.

FRAMING.

Any framing of the contents of Identifix without the prior written permission of LICENSOR is strictly prohibited.

LINKING.

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.

DISCLAIMERS.

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