End user agreement for BrightCar Car Maintenance Software
BrightCar End User License Agreement
Software License Agreement
"BrightCar" means BrightCar, Inc., a corporation registered in Delaware.
"Software" is defined as the BrightCar computer program with which this Software License Agreement ("Agreement") is included and any updates, upgrades, or maintenance releases thereto.
"Trial Software" is defined as a version of the Software that is limited to an evaluation for a specified period of time as determined by BrightCar.
"BrightCar Software" shall mean Software and Trial Software.
The use by you of any services or content accessible through the BrightCar Software may be subject to your acceptance of separate agreements with BrightCar or third parties.
Do not use the BrightCar Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the BrightCar Software from BrightCar to you ("you" or "Licensee"), and installing the BrightCar Software indicates that you have read and understand this Agreement and accept its terms and conditions. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE BRIGHTCAR SOFTWARE.
License and Restrictions
A. License Grant for Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed Software on one (1) computer used by a single household. You may make one (1) backup copy of the Software for your own use. You may transfer your rights in the Software to a third party, or sell the computer on which the Software is installed to a third party (collectively "Subsequent Licensee"), provided you do not keep a copy of the Software for yourself.
B. License Grant for Trial Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed Trial Software for the specified number of uses or amount of time on one (1) computer used by a single household. Thereafter, you may purchase the right to use the full version of the Software (if available) which license terms are specified herein, by contacting BrightCar. You may not copy the printed materials or user documentation accompanying the Trial Software, if any. BY YOUR USE OF THE TRIAL SOFTWARE, YOU UNDERSTAND AND AGREE THAT AFTER THE SPECIFIED NUMBER OF USES OR AMOUNT OF TIME, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH TRIAL SOFTWARE UNLESS YOU PURCHASE THE RIGHT TO USE THE FULL VERSION OF THE SOFTWARE (IF AVAILABLE).
You agree not to: (1) make additional copies of the BrightCar Software except as provided above; (2) enable others to use your registration code(s) or serial numbers (if any); (3) give copies to another person who has not purchased a license for the BrightCar Software from BrightCar; (4) install the BrightCar Software on computers used by individuals who have not purchased the appropriate licenses for the Software from BrightCar; (5) duplicate the BrightCar Software by any other means including electronic transmission; or (6) copy the printed materials or user documentation accompanying the BrightCar Software, if any.
The BrightCar Software in its entirety is protected by copyright laws. The BrightCar Software also contains the trade secrets of BrightCar and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the BrightCar Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the BrightCar Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the BrightCar Software, disk(s), or related materials or create derivative works based upon the BrightCar Software or any part thereof.
This Agreement may be terminated by BrightCar immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the BrightCar Software, including all backup copies. BrightCar shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue or impose conditions on any feature or aspect of the BrightCar Software (including but not limited to Internet-based services, pricing, technical support options, and other product-related policies) without notice. For the latest version of this Agreement go to www.BrightCar.com or such other site designated by BrightCar.
BrightCar offers a 30-day money-back guarantee. If you are not 100% satisfied with BrightCar Software, please contact BrightCar within 30 days of your purchase of a License of the Software for a refund of the purchase price you paid. BrightCar may offer Trial Software to allow you to evaluate the Software prior to purchasing a License of the Software, if available.
Disclaimer of Warranties
Except as provided above, the BrightCar Software, disk(s), related materials, content and/or related services accessible through the BrightCar Software, are provided "as-is," and with no warranties of any kind, and to the maximum extent permitted by applicable law, BrightCar and its subsidiaries, affiliates, licensors, third-party content or service providers, distributors, dealers or suppliers ("representatives") disclaim all other representations and warranties, express or implied, regarding the BrightCar Software, disk(s), related materials, content and any services, including their fitness for a particular purpose, security, quality, merchantability, or their noninfringement. BrightCar does not warrant that the BrightCar Software or any related services or content is secure, or is free from bugs, viruses, errors, or other program limitations, including but not limited to accurate or updated third-party content, nor does BrightCar warrant access to the Internet or to any other service or content through the BrightCar Software, or continued access to the Trial Software or to the data entered into the Trial Software after the specified number of uses or amount of time. You acknowledge and agree that you must: (a) provide your own access to the world wide web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the world wide web, including a computer and a modem. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to sixty (60) days from the date of purchase of the license for the Software. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights as well, which vary from state to state.
The BrightCar Software and related services or content are designed to operate and provide information with the understanding that BrightCar and its representatives are not engaged in rendering vehicle advice, vehicle maintenance advice, or other professional service. If such advice or other expert assistance is required, the service of a competent professional should be sought. BrightCar expressly disclaims any representations or warranties that your use of the BrightCar Software will satisfy any statutory or regulatory obligations, or will assist with, guarantee or otherwise ensure compliance with any applicable laws or regulations.
While BrightCar Software attempts to match vehicles entered into BrightCar Software with appropriate maintenance plans for those vehicles, BrightCar makes no guarantee or warranty that the maintenance plans it presents will be appropriate for any particular vehicle. You acknowledge that it is your responsibility to ensure that the maintenance plan(s) you manage in BrightCar is (are) appropriate for your vehicle(s). To ensure accuracy, you should compare all maintenance plan and vehicle information provided by BrightCar and / or in BrightCar Software to official manufacturer information from your vehicle's owners manual. BrightCar does not guarantee that all data it provides are correct. BrightCar does not warrant or guarantee that performing regular maintenance as may be recommended by the BrightCar Software will provide any benefit and / or prevent any problem or malfunction. You acknowledge that you understand that vehicles may develop problems and malfunction even when maintained according to an appropriate maintenance schedule.
You acknowledge that good data processing procedure dictates that any program, including BrightCar Software, must be thoroughly tested with non-critical data before there is any reliance on it and also periodically tested for continued reliance on it, and you hereby assume the entire risk of all use of the copies of BrightCar Software covered by this Agreement. This disclaimer of warranty constitutes an essential part of this Agreement, and you understand that this disclaimer of warranty constitutes an essential part of this Agreement.
Limitation of Liability and Damages
The entire liability of BrightCar for any reason shall be limited to the amount paid by the customer for the BrightCar Software licensed from BrightCar or its authorized reseller. To the maximum extent permitted by applicable law, BrightCar and its representatives are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if BrightCar or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Third party content providers are not responsible to you for any damages or losses arising from any use of the content. BrightCar and its representatives' total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for the BrightCar Software. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of the damages set forth above are fundamental elements of the basis of the bargain between BrightCar and you. BrightCar would not have been able to provide the BrightCar Software to you without such limitations.
In addition, in no event does BrightCar authorize you or anyone else to use BrightCar Software in applications or systems where BrightCar Software's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold BrightCar harmless from any and all claims or losses relating to such unauthorized use.
The BrightCar Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer Software" and "commercial computer Software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the BrightCar Software with only those rights set forth herein.
You acknowledge and agree that the BrightCar Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations thereunder ("the Acts"). You agree and certify that neither the BrightCar Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts.
BrightCar Software is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license BrightCar Software. By accepting this Agreement, you warrant and represent to BrightCar that you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export BrightCar Software to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
This Agreement shall govern any services or content related to the BrightCar Software, unless such services or content are subject to a separate written agreement between you and BrightCar or its representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to BrightCar and its representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by BrightCar between you and BrightCar or the applicable representative(s).
This Agreement does not limit any rights that BrightCar may have under trade secret, copyright, patent, trademark or other laws. The representatives of BrightCar are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on BrightCar, other than in writing signed by an officer of BrightCar. Accordingly, such additional statements are not binding on BrightCar and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of BrightCar in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by Delaware law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Delaware and waive any objection to venue in such courts. This Agreement is deemed entered into at Delaware, and shall be construed as to its fair meaning and not strictly for or against either party.
Consumer Information and Privacy
For details about BrightCar's privacy policies, please refer to the BrightCar Privacy Statement contained either in the BrightCar Software or on www.BrightCar.com or such other site designated by BrightCar. You agree to be bound by the applicable BrightCar privacy policies.
BrightCar and the BrightCar logo, among others, are marks of BrightCar, Inc. Other parties' trademarks or service marks are the property of their respective owners and should be treated as such.
Some names, company names, and sample data used in examples and help content are fictitious and are used for illustration purposes only. Any resemblance of fictitious data to a real person or company is purely coincidental.
© 2006 BrightCar, Inc. All rights reserved. Unauthorized reproduction is a violation of applicable laws.
BrightCar, Inc., 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware, 19808, USA.