This End-User License Agreement (the "EULA") governs use of the "Automotive Passport" software ("Software") and data generated for your personal use ("Data") provided by Complete Automotive Resources, Inc. (the "Company") with an office and place of business at Philadelphia, Pennsylvania on an iPhone marketed or manufactured by Apple, Inc. ("Apple") for use by the owner or user (hereinafter "You" or "Your"). This EULA governs only that Software which operates on an iPhone.
Your use of the Software or Data constitutes Your acceptance of the terms of this EULA. If You do not agree to the terms of this EULA, You may not use the Software or Data. Company reserves the right to modify this EULA or any Company policies related to use of the Software or Data at any time and at its sole discretion by posting revisions on the internet at www.automotivepassport.com. The most recent version of the EULA is available at www.automotivepassport.com. Your continued use of the Software or access to Data following the posting of a modified version of this EULA constitutes acceptance of that modified version.
You understand this EULA does not limit any right or protection afforded Company or any affiliated company or any consent You have provided in any agreement You have with Company or any affiliated company.
1. Acknowledgements by You. You acknowledge that You are entering into the EULA with Company and not with Apple. However, Apple and its subsidiaries are third party beneficiaries of this EULA and Apple may enforce this EULA. Company is solely responsible for the Software and Data; Apple makes no warranty with respect to the Software or Data and has no obligation whatsoever to furnish any maintenance and support services for the Software. Apple is not responsible for addressing any claims relating to the Software or Data or Your possession or use of the Software or Data, including but not limited to: (i) product liability claims, (ii) any claims that the Software fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Software or Data or Your possession or use of the Software or Data infringes a third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You have reviewed the App Store Terms and Conditions located online at http://www.apple.com/legal/itunes/us/terms.html#APPS and shall comply with such terms.
2. License. The Software and Data and all upgrades, corrections, and enhancements thereto and all copyrights and other intellectual property related thereto are the property of Company and its licensors or suppliers. Company grants You a personal, non-exclusive, non-transferable, terminable and limited license to use the Software and Data on Your mobile phone. You must abide by all laws and regulations applicable to the Software and Data and the terms of this EULA. You may not sublicense, sell, distribute or make the Software or Data available over a computer network. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or Data or any updates to the Software or any Data. You may not use the Software for any service bureau, time-sharing or similar purposes. Any attempt to do any of the foregoing prohibited activities constitutes a breach of this EULA. The terms of this EULA govern any upgrades to the Software, unless such upgrade is accompanied by a separate agreement.
3. Allowable Uses of the Software and Data. You may only Use the Software and Data as authorized in this EULA. Any use of the Software or Data in any manner not authorized under this EULA is prohibited. Prohibited use of the Software or Data includes, but is not limited to, the following: resale, transfer, modification or distribution of the Software or Data or copying or distribution of text, pictures, hyperlinks, displays and other content. You may not use the Software or Data in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company's proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company's website or computer systems; (e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company's computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that would give rise to civil liability; or (h) violates this EULA. Company may terminate this EULA or request that You remove the Software and Data from Your mobile phone for any reason, including, but not limited to, Company's reasonable conclusion that You have violated this EULA. This EULA neither entitles You to receive nor require Company to provide, hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software or Data.
4. No Warranty. The Software and Data and any services performed or provided by the Software are provided "as is" and without warranty of any kind. Company disclaims all warranties and conditions with respect to the Software and Data and any services performed or provided by the Software, whether express, implied or statutory, including, but not limited to: the implied warranties of merchantability; of fitness for a particular purpose; of accuracy; of satisfactory quality; of quiet enjoyment; and of non-infringement of third party rights. Company does not warrant: against interference with Your enjoyment of the Software or Data; that the functions contained in, or services performed or provided by, the Software will meet Your requirements; that the operation of the Software will be uninterrupted or error-free; or that it will correct defects in the Software or Data. Use of the Software and Data is at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights so the above exclusion and limitations may not apply to You.
5. Limitation of Liability. To the fullest extent allowable under applicable law, Company is not liable to you: (a) with respect to use of the Software or Data; and (b) for any personal injury or property damage arising from or relating to your use of the Software or Data; and (c) for any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to your use of the Software or Data, or this EULA. Such damages for which Company is not liable to you include, but are not limited to, lost profits, loss or corruption of data, failure or malfunction of your mobile phone, or any other commercial or personal damages or losses. Company is not liable to you even if Company has been advised of the possibility of damages. Company is not liable to you regardless of the theory of liability asserted, whether based in contract, in tort or otherwise. Your sole remedy under this EULA is to cease use of the Software or Data. The limitations described in this paragraph apply even if the remedy described in the preceding sentence fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
6. Your Information and User Content. The Software may require the collection and transmission of certain information provided by You for the purpose of providing you a mobile Automotive Passport user experience. including usernames, passwords, data related to Your mobile phone (including its operating system, phone number and unique identifiers), Your name, address, e-mail addresses and other personal information as well as certain data collected from the vehicle. The software allows you to submit pictures, enter financial data and other content (collectively, “User Content”). In order to do so, you must create an Automotive Passport user account or have an existing Automotive Passport user account in good standing. Only valid Automotive Passport account holders may submit User Content through the software. Automotive Passport does not guarantee any confidentiality with respect to any generic statistical User Content that does not contain Your Information. Although Automotive Passport is under no obligation to monitor User Content, Automotive Passport reserves the right to decide whether any User Content is appropriate and complies with the EULA. Automotive Passport, in its sole discretion, may delete, edit, or remove any User Content, or terminate or suspend User access or a User’s Automotive Passport account at any time, without prior notice, for violating the EULA.
Data Collection and Use.
· An encrypted copy of your Automotive Passport user ID and password
· Device sign-on data (including device ID)
· Address Data
· Location data
· Correspondence information including phone and email sent via the software
· Insurance Policy Information
· Financing or Lease information pertaining to Your automobile(s)
· Value of Your automobile(s)
· Warranty and Service information pertaining to Your automobile(s)
Under this EULA, the information described in section 6 sentence is referred to as "Your Information". Company may transmit Your Information to Company and its agents, to process Your Information for the Software to perform its functions. Company may be required by law enforcement agencies to disclose information regarding Your use of the Software or Data and that Company will comply with such requests. You further consent to Company's use of Your Information to improve its products and services to You and for its other business purposes. Company does not warrant that a third party cannot decrypt Your Information should a third party come into possession of Your mobile phone. Company suggests that You use all security features of Your mobile phone, including any password or locking function, to protect Your mobile phone and the confidentiality of Your Information.
7. Indemnification. You agree to defend, indemnify, and hold harmless Company and its employees, agents, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from or are related to: Your use or misuse of the Software or Data; Your violation of this EULA; or Your violation of any rights of a third party. Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
8. Intellectual Property Rights. The Company owns, or is the licensee to, all right, title and interest in and to the Software or Data, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not: (a) modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code or any data or content from this Application; (b) circumvent, disable or otherwise interfere with security, copy-protection, or use-restriction features of this Application; or (c) remove, obscure or alter Automotive Passport’s or any third party’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
If a third party claims that the Software or Data, or Your use of the Software or Data, infringes any third party's intellectual property rights, Company is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. If the Software or Data is found to infringe any intellectual property rights of a third party, Your sole remedy is to either: (i) cease using the Software and Data; or (ii) if Company chooses to provide you with a non-infringing version of the Software or Data, to use a non-infringing version.
9. Termination. This EULA is effective until terminated by You or Company. You may terminate this EULA by ceasing to use the Software, unsubscribing from the service and deleting it from Your mobile phone. This EULA will terminate automatically and without notice from Company if You fail to comply with any term of this EULA. Upon termination of the EULA, You shall cease all use of the Software and Data.
10. Contact Information. To contact the Company with any questions, complaints or claims with respect to the Software or Data, please visit the Company's website at www.automotivepassport.com.
11. Third Party Materials and Links. The Software may display or make available content, data, information, services, software or materials from third parties ("Third Party Materials") or provide links to certain third party web sites ("Third Party Links") (e.g. Google Maps API, vehicle information, maintenance, warranty, parking, find, favorites). Company is not responsible for examining or evaluating the content, accuracy, validity, legality or any other aspect of such Third Party Materials or Third Party Links. Company does not warrant, guarantee or endorse any Third Party Materials or Third Party Links and is not liable to You or to any other party for any Third Party Materials or Third Party Links or for Your misuse or use of Third Party Materials or Third Party Links. Third Party Materials and Third Party Links contain proprietary content and information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You may not use such proprietary content, information or materials in any way except as authorized by the provider of the Third Party Materials or Third Party Links. You may not use any Third Party Materials or Third Party Links in a manner that would be, or could be reasonably construed as, a breach of the terms of this EULA. Company may change, suspend, remove, modify access to or disable access to any Third Party Materials or Third Party Links at any time and without notice to You.
12. No Export. You may not to export any part of the Software or Data except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. In particular, but without limitation, the Software and Data may not be exported or re-exported (a) into any countries subject to an embargo by the United States or (b) to any person on the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List and Entity List published by the U.S. Department of Commerce.
13. Governing Law. The laws of the State of Pennsylvania, excluding its conflicts of law rules, govern this EULA and Your use of the Software and Data. Any action arising under this EULA or use of the Software and Data against Company may only be brought by You in the courts of the Delaware County, State of Pennsylvania.
14. Entire Agreement. This EULA constitutes the entire agreement between Company (and its licensors and suppliers) and You pertaining to the subject matter thereof, and supersedes in its entirety any and all written or oral agreements previously existing between us with respect to the Software and Data.