Bendix Commercial Vehicle Systems ACom Diagnostics V.5.9 - Manual (Page 4)

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WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SOFT-WARE, INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES OF
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Software is borne by you. Should the Software prove
defective, you and not Bendix, assume the entire cost
of any service and repair. This disclaimer of warranty
constitutes an essential part of the Agreement. Bendix
does not warrant that your use of the Software will be
uninterrupted or that the operation of the Software will
be error-free.
TITLE
Licensee acknowledges that title, ownership rights,
and intellectual property rights in the Software and
Documentation shall remain exclusively in Bendix
and/or its suppliers respectively. The Software and
Documentation are protected by the copyright laws and
treaties. Title and related rights in the content accessed
through the Software is the property of the applicable
content owner and may be protected by applicable law.
This License gives you no ownership rights to such
content.
The license granted herein expressly excludes any right
to reproduce, duplicate, copy, disassemble, decompile,
distribute, sublicense, sell, assign or otherwise transfer
the Software or Documentation or any part thereof
without the prior written consent of Bendix. If such
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property of Bendix in the Software and Documentation,
Licensee agrees to reproduce and incorporate
appropriate Bendix notice for trade secrets, copyright
or any other identifying legends in any reproductions,
duplications or copies of the Software or Documentation
or any part thereof made by Licensee. Notwithstanding
the above, Licensee may make one (1) copy of the
Software for back-up purposes only.
Licensee covenants not to disclose the Software or
Documentation or any part thereof, or cause or permit
the Software or Documentation, or any part thereof, to
be used by any person other than approved employees
of the Licensee engaged in the business activities of
the Licensee on the authorized commercial equipment
at the Licensee’s business location. The Licensee
agrees to refrain from disclosing or delivering the
Software or Documentation, or any part thereof, to
any unauthorized person or entity consistent with the
provisions hereof.
RESERVATION OF RIGHTS
The rights granted to Licensee hereunder shall not affect
the exclusive ownership by Bendix of any trademark,
copyright, patents or common law property rights of
Bendix pertaining to the Software or Documentation.
The license granted in this Agreement shall not be
construed expressly, by implication or estopped, as the
grant of a license under any trademark, patent or other
intellectual property of Bendix.
THIRD PARTY RIGHTS
Bendix ® ACom ™ diagnostic software products may
require the use of third party software products and
require an additional license from such third parties
to use those third party products. As of the date of
this License Agreement, the following third party
products are provided by Licensor with the Licensed
Products; some documents included in the help of the
diagnostic program requires the use of the Adobe
®
Acrobat ® Reader. Licensee agrees that, in addition to
the terms and conditions of this Agreement, any copies
of Adobe
® Acrobat ® Reader it receives hereunder
are subject to the terms and conditions of the Adobe
Systems Incorporated Electronic End-User License
Agreement for Adobe
® Acrobat ® Reader included. New
releases of the Bendix ® ACom ™ software may contain
additional third party products. Licensee agrees and
acknowledges that, to the extent that the ACom
™
diagnostic software applications contain any such third
party software: (i) such third party software is provided
on an ‘as-is’, pass-through basis, and as such is
provided to Licensee without warranty, indemnifi cation,
support or other representation by Licensor, except as
independently provided directly to Licensee from the
third party licensor; (ii) Licensor bears no liability with
respect to such products; and (iii) Licensee may be
required to purchase new versions of such third party
products as they become available and are required by
the ACom
™ diagnostic software.
The general help system may require the use of the
Microsoft
® Internet Explorer ® software. Licensee
agrees that, in addition to the terms and conditions
of this Agreement, any copies of Microsoft
® Internet
Explorer ® software it receives hereunder are subject
to the terms and conditions of the Microsoft ® End-
User License Agreement for the Internet Explorer ®
software included. New releases of the Bendix ® ACom ™
software may contain additional third party products.
Licensee agrees and acknowledges that, to the extent
that Bendix
® ACom ™ diagnostic software applications
contain any such third party software: (i) such third party
software is provided on an ‘as-is’, pass-through basis,
and as such is provided to Licensee without warranty,
indemnifi cation, support or other representation by
Licensor, except as independently provided directly
to Licensee from the third party licensor; (ii) Licensor
bears no liability with respect to such products; and (iii)
Licensee may be required to purchase new versions of
such products as they become available and required
by the ACom
™ diagnostic software.