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A/C DATABASE 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.
1. LICENSE GRANT. MOTOR hereby grants to You a nontransferable, non-exclusive, limited license to access and use the
MOTOR Databases (“DATABASES”), including any updates provided by MOTOR on a vehicle-by-vehicle look-up basis, for
vehicle specification reference only, in accordance with the terms and conditions of this Agreement.
2. USER RESTRICTIONS. The Databases may only be used on one physical service equipment unit, and may not be used
at any other site nor made accessible from any other site via a computer network. You agree that You shall not, and shall
not permit others, including but not limited to third parties, to directly or indirectly (i) alter or copy in any form or medium
all or any part of the Databases (except for data located on an individual, vehicle by vehicle, lookup basis), nor make
such data part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the Databases; (iii)
use the Databases to facilitate the generation of collision repair estimates; (iv) lease, license, sell, or otherwise publish,
communicate, distribute or display to third parties in any form or medium all or any part of the Databases, (v) create
any publications, in electronic, printed or other format, based in whole or in part on data from the Databases, alone or
in combination with any other data; (vi) download the Databases (other than the data obtained on a vehicle-by-vehicle
look-up basis) or transmit the Databases electronically by any means; (vii) use the Databases on multiple computers
or at multiple locations unless such use is covered by an individual license for each computer or use; (viii) remove
any product identification, copyright, trademark or other notice from the Databases or the Documentation; (ix) use any
graphics contained in the Databases other than as specifically granted in Section 1 above; or (x) reverse engineer, reverse
assemble, or reverse compile the Databases; (xi) MOTOR in its sole judgment shall be entitled to discontinue providing
any OEM proprietary data from the Databases in the event it is, for any reason, not available or in the event any OEM
imposes commercially unreasonable fees or restrictions on use of such data.
3. OWNERSHIP; CONFIDENTIALITY. You agree that the data contained in the Databases contain confidential information,
and that MOTOR or its licensing OEMs owns all rights in the Databases and the data contained therein, including without
limitation all copyright and other proprietary rights. You agree to keep confidential and use your best efforts to prevent
and protect the Databases from unauthorized disclosure or use. You agree that the confidentiality obligations shall
survive termination of this Agreement.
4. DISCLAIMER OF WARRANTIES, LIABILITY. MOTOR FURNISHES THE DATABASES ON AN “AS IS” BASIS AND WITHOUT
ANY WARRANTY. MOTOR DOES NOT WARRANT THAT USE OF THE DATABASES WILL BE UNINTERRUPTED OR ERROR
FREE, OR WILL MEET YOUR REQUIREMENTS. MOTOR SPECIFICALLY EXCLUDES AND DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM OR COURSE OF
DEALING AND YOU HEREBY EXPRESSLY WAIVE ANY AND ALL SUCH WARRANTIES. YOU ASSUME THE ENTIRE RISK AS TO
RESULTS AND PERFORMANCE OF THE DATABASES. UNDER NO CIRCUMSTANCES SHALL MOTOR BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER,
ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE DATABASES. SUCH LIMITATION ON DAMAGES
INCLUDES, BUT IS NOT LIMITED TO, LOST GOODWILL, LOST PROFITS, LOSS OF DATA, WORK STOPPAGE OR IMPAIRMENT
OF OTHER GOODS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BROUGHT, EVEN IF MOTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT.
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