-
Notifications
You must be signed in to change notification settings - Fork 10
/
Copy pathTERMS
203 lines (155 loc) · 9.71 KB
/
TERMS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
Terms and Conditions of Use
===========================
1 General
---------
The Car Diagnostic API service offered by Hella KGaA Hueck & Co. ("Hella")
translates error codes displayed by on-board diagnostic units of vehicles into
human-readable information. A more detailed description of the service is
available at /~https://github.com/HellaVentures/Car-Diagnostic-API
2 Scope of application
----------------------
2.1 The use of the service and of the information, software and documentation
made available through the Service (collectively "Service") is permitted
exclusively in accordance with these general terms and conditions of use
("TCs"). By beginning to use the Service, the user accepts that these TCs apply.
The TCs shall also apply to all upgrades, updates and changes to the Service
("Updates"), unless other terms have been agreed specifically for such Updates.
These TCs shall apply exclusively to the relationship between Hella and the
user; conflicting terms of the user or terms deviating from these TCs or
statutory law shall not apply, even if Hella does not explicitly object to them.
2.2 Hella may change these TCs at any time. Hella shall inform the user of such
changes, allowing for a reasonable objection period. If the user does not object
within such period and continues to use the Service, this shall constitute
acceptance of the changes. Hella will inform the user of this consequence when
it informs the user of the changes. If the user objects to the changes, Hella
shall be entitled to terminate the agreement with the user established by these
TCs and to exclude the user from using the Service.
3 Licence
---------
3.1 For the term of this agreement Hella grants the user a simple,
non-exclusive, non-transferable right to use the Service solely for the purposes
set out in clause 1. Any other right of the user to use the Service is excluded,
in particular any copying, changing, translating or other use that is not
strictly required for the purposes set out in clause 1. The license does not
include access to the source code of any software used in the Service, and any
decompiling, disassembling, reverse-engineering of such software by the user is
prohibited. The user's mandatory rights (e.g. under the German Copyright Act)
shall remain unaffected from the restrictions in this clause 2.2.
3.2 Certain parts of the software used to provide the Service may be open source
software in which case the applicable open source license shall apply and
prevail over the provisions of this clause 3. In these cases, Hella will make
the object code or source code available to the user on request to the extent
that this is required under the relevant open source licence. To the extent
required by such open source license, the applicable terms are listed here
/~https://github.com/HellaVentures/Car-Diagnostic-API/blob/master/LICENSE. By
using the Service, the user accepts these open source licence terms.
3.3 The information, software and documentation used in the Service are
protected both by copyright laws and international copyright agreements, and/or
by other laws and agreements pertaining to intellectual property. The user shall
observe these rights.
4 Fees
------
4.1 The user's use of the Service is subject to the payment of the agreed fee. A
price list is available at
https://console.ng.bluemix.net/catalog/services/car-diagnostic-api/
4.2 Hella can adjust the fees by written notice to the user provided that Hella
observes a notification period of at least one month. A fee adjustment effective
during the first twelve months of this agreement shall be excluded.
4.3 The fee shall be paid in advance for the applicable agreed term
(month/year), subject to Hella providing the user with a corresponding invoice.
Invoices shall be paid within 14 days from receipt.
5 Liability for legal and material defects
------------------------------------------
5.1 Except as expressly stated in the Service description referred to in clause
1, Hella does not provide any warranty or guarantee that the Service (i) is
compatible with the user's hardware or software; (ii) will be fully available at
all times or at any given time; (iii) will not cause any loss of data; (iv) is
free of viruses, malware, malfunctions or other components which pose a security
risk; (v) provides correct, complete or up to date information on, or
translations of, error codes, or (vi) that the user's requirements or any other
performance or functional requirements which are not agreed in this agreement
will be fulfilled.
5.2 The user acknowledges and accepts that the information provided by the
Service may not always be correct or up-to-date (e.g., due to recent product
changes). Hella accepts no liability for such incorrect or outdated information.
5.3 When using the Service the user shall employ adequate, up-to date security
measures (firewall, virus scanners, etc.).
5.4 If the user detects a defect in the Service, it shall inform Hella of such
defect without delay and describe the defect and the circumstances of its
detection in reasonable detail. Hella shall attempt to remedy the defect within
an appropriate period of time. If at least two attempts of Hella to remedy the
defect have been unsuccessful and if the defect constitutes a material
degradation of the Service, the user may request an adequate reduction of the
fee for the relevant period or terminate this agreement. Any further claims of
the user relating to the defect shall be excluded.
5.5 No provision in these TCs shall exclude Hella's liability to the user for
personal injury, wilful misconduct, fraudulent misrepresentation or other cases
of mandatory liability which by law cannot be excluded.
5.6 In cases of slight negligence resulting in a breach of material contractual
responsibilities, Hella shall only be liable for damages that considering the
nature of the Service were reasonably foreseeable upon the user's acceptance of
these TCs.
5.7 Hella's liability to the user for negligence shall in any calendar year in
any event be limited to an amount equal to the total amount of fees paid by the
user to Hella in such calendar year. Hella's unlimited liability pursuant to
clause 5.5 shall remain unaffected.
6 Indemnity
-----------
The user shall indemnify Hella, its managers, employees and subcontractors
against all third party demands and claims as well as against all losses,
damages, costs and expenses, including adequate legal fees, which arise from (i)
the user using the Service not in compliance with these TCs or (ii) any
infringement of statutory law or third party rights caused by the user during
the use of the Service.
7 Support and Updates
---------------------
Hella provides limited support as further described in the Service description
referred to in clause 1. Hella provides Updates to the Service on a voluntary
basis. Hella's obligation to remedy defects pursuant to clause 5 remains
unaffected.
8 Term and termination
----------------------
8.1 These TCs start to apply upon the user's first use of the Service and shall
continue to apply until this agreement is terminated either by the user or Hella
pursuant to this clause 8. The user may terminate this agreement either by
providing Hella with a written termination notice with a notice period of one
month or by ceasing to use the Service. Hella may terminate this agreement
either by providing the user with a written termination notice with a notice
period of three months or by ceasing to offer the Service in which case Hella
will also provide the user with a three months advance notice.
8.2 Either party's right to terminate this agreement for good cause shall remain
unaffected.
8.3 After this agreement has been terminated, the user shall cease using the
Service and shall permanently delete all copies of components of the Service
which are still installed on devices under his control.
8.4 Hella reserves the right to completely or partially modify or suspend the
Service at any time with a notice period of three months.
9 Confidentiality and data protection
-------------------------------------
9.1 The user shall keep all information to which he gets access under this
agreement and in the course of using the Service confidential for an unlimited
period of time and shall only use such information for the purposes of this
agreement. The user's right to use the human-readable information provided
through the Service in accordance with the license in clause 3 shall remain
unaffected.
9.2 The user shall ensure that any potential transmission of personal data to
Hella occurs in accordance with the applicable data protection laws.
10 Miscellaneous
----------------
10.1 Elements of the Service or Hella website may contain hyperlinks to third
party websites. Hella does not assume responsibility for the contents of these
websites and Hella does not claim these websites and their contents as its own.
10.2 If any provision of these TCs is found to be invalid or unenforceable, the
validity and enforceability of the other provisions of these TCs shall not be
affected. The invalid provision shall be replaced with the valid, enforceable
provision which comes closest to the legal and commercial purpose intended by
the parties and this provision shall apply retroactively.
10.3 Retention or offsetting rights of the user shall only apply if the relevant
counter claim of the user is undisputed or confirmed by a final court order.
10.4 Any modifications or amendments of these TCs require the written form,
including any amendments to this clause 10.3.
10.5 This agreement shall be governed by German law with the exclusion of its
conflict of law provisions and the United Nations Convention on Contracts for
the International Sale of Goods. The courts competent for Lippstadt shall have
exclusive jurisdiction over any disputes arising from or in relation to this
agreement.