1. SUBJECT OF THE AGREEMENT
The present terms and conditions regulate the relationship between the end user of the license and Abrites Ltd and represent and agreement between you and Abrites Ltd. This agreement determines the way of use of the software (as described below). For the purposes of the present license agreement:
“ABRITES LTD” is a trade company registered according to the laws of the Republic of Bulgaria which manufactures software products and is the holder of all intellectual property rights in the software products of the brand ABRITES. The software products of the brand ABRITES (in whole or of some of their modules/functions, including the online versions of the products) can be supplied to the client by any of the companies within the distribution system of Abrites Ltd possessing the relevant distribution rights.
“A CLIENT” is any natural person or legal entity regardless of its legal form, be it a sole trader, an organization, an NGO, a foundation, a state structure or a budget funded structure (minsitry, agency, commission, etc.) which has purchased from Abrites Ltd the non-exclusive and temporary right to use of the software products of the brand ABRITES (in whole or of some of their modules/functions, including the online versions of the products).
“The SOFTWARE” refers to all software products developed, distributed, published or otherwise delivered by Abrites Ltd, including, but not limited to, software products for mobile devices or personal computers (a desktop version), but also software products accessible through a browser or other type of online access (an online version). The software includes updates and upgrades, as well as a manual, packages and other written files, electronic or online materials and documents, as well as all copies of such software of any kind and its accompanying materials.
“The MAIN AVDI PACKAGE” contains an interface for diagnostics AVDI and a PC-Windows-based software with main diagnostic functions such as: visualization and deletion of diagnostics error codes (DTCs), measured values (alive data), testing of the devices and main codes and configurations for certain brands of motor vehicles covered by ABRITES.
“SPECIAL FUNCTIONS” – all software functions excluding those contained in the main package.
“ONLINE SERVICES” – online versions of the software products of the brandABRITES.
“ANNUAL MAINTENANCE SUBSCRIPTION” – includes updates of the software products of the brand ABRITES, access to the online services rendered by Abrites.
“ANNUAL SUBSCRIPTION FOR TECHNICAL SUPPORT” – offers the possibility to make use of the advice of qualified specialists either per e-mail or through another online method, including access to the AVDI forum.
SOFTWARE. According to the terms and conditions provided for in the present License Agreement Abrites Ltd. Grants you the non-exclusive, untransferrable limited right to use a copy of the software intended for use on one computer at a time, unless otherwise indicated in the documentation of the software. The said right to use the software is granted after you have confirmed that you accept the terms and conditions contained in the present License Agreement. Abrites Ltd grants to you solely the right to use the software within the scope described above. You agree that in the sense of the present License Agreement the granted right to use the software does not induce and rights connected with the name or the property of the software, and that the acceptance of the present License Agreement shall not be considered as sale of any rights in the software whatsoever.
Purchasing of the license. Term of the license. The term of the licenses purchased by you is one year and starts on the date of purchase of the main package or the date of payment of the annual maintenance subscription, with the acceptance of the present License Agreement and is terminated upon the occurrence of some of the following events:
- When the term of the free maintenance as from the date of the initial purchase expires;
- When the term of the annual maintenance subscription expires;
- If you are not willing to use the software any longer;
- When the present agreement is terminated by Abrites Ltd.
The granted license shall be terminated immediately in case it is established that attempts have been made to neglect technical measures for protection used in connection with the software, as well as if it is established that the software has been used in violation of the provisions of the present License Agreement.
The initial purchase of the main AVDI package includes:
- Annual maintenance subscription;
- Annual subscription for technical support.
After the term of the free maintenance upon initial purchase expires and in case the annual maintenance subscription has not been paid, the client shall lose his/her rights to access the software products of the brand ABRITES (in whole or of some of their modules/functions, including the online versions of the products).
After the term of the free maintenance upon initial purchase expires and in case the annual maintenance subscription has been paid, but the annual subscription for technical support has not been paid, the client will not be consulted in the course of his work with the products of the brand ABRITES (in whole or of some of their modules/functions, including the online versions of the products).
A premise for the purchase of special functions and/or payment of the annual subscription for technical support is the payment of the annual maintenance subscription.
The client accepts that after the agreement for granting of non-exclusive and temporary right to use the software products of the brand ABRITES expires or if the annual maintenance subscription is not paid before the expiry of the term of the agreement, the client’s access to the online version of the software products of the brand ABRITES will be immediately suspended, and, respectively, the client’s access to the desktop version of the products of the brand ABRITES installed on the client’s computer will be restricted or completely suspended.
The client agrees that after the expiry of the free maintenance upon initial purchase of the software and in case that the annual maintenance subscription has been paid, but the annual subscription for technical support has not been paid, the client will not be consulted in the course of his/her work with the software products of the brand ABRITES (in whole or of some of their modules/functions, including the online versions of the products).
The client also agrees that after the expiry of the free maintenance upon initial purchase of the main package, Abrites Ltd is entitled to suspend the access to the software products of the brand ABRITES entirely or to restrict the access to the updated versions of the software after the date of expiry of the subscription.
Property rights. Abrites Ltd. preserves all rights, including, but not limited to: the property rights in the software, all copyrights, trademarks, commercial secrets, trade names, ownership rights, patents, names, computer codes, settings, regardless of whether they have been registered, or not. The software provided by Abrites Ltd. May not be copied, reproduced or otherwise distributed wholly or partially without the prior written consent of Abrites Ltd. For the avoidance of doubt, all rights which have not been explicitly granted to you by the present License Agreement, are property of Abrites Ltd.
3. SERVICES RENDERED BY THIRD PARTIES
The software provided by Abrites Ltd. can include services rendered to third persons and/or services rendered by third parties may become available to you through the software provided by Abrites Ltd. Such services are regulated by the terms and conditions of such third parties. Please study these terms and conditions carefully, as they represent the agreement between you and the respective third party – service supplier.
4. GENERAL LICENCE CONDITIONS
Hereby you unconditionally agree:
4.1. Not to distribute, lease, grant the right to use, sell, rent, lend or otherwise transfer the software provided by Abrites Ltd., as well as not to give copies, passwords or user names for the software provided by Abrites Ltd. Without the explicitly prior written consent of Abrites Ltd. Or as provided for in the present License Agreement;
4.2. Not to make copies of the software provided by Abrites Ltd.;
4.3. Not to use the software provided by Abrites Ltd. On more than one computer at a time, unless this is explicitly permitted in the software provided by Abrites Ltd. Or by the provisions of the present License Agreement;
4.4. Not to make any changes in the software, as well as not to decompile, translate, produce derivative software products which on the basis of the software provided by Abrites Ltd. or otherwise change its functionality wholly or partially;
4.5. Not to remove, hide or change any notices related to copyrights, trademarks or other property rights, signs and labels contained in the software provided by Abrites Ltd., legal notices or other labels pointing out the origin or the source of materials;
4.6. Not to present the software rendered by Abrites Ltd. as yours;
4.7. Not to make any attempts to overcome the protection through the reverse engineering and decompilation limitations, not to create databases or otherwise create permanent copies of the contents of the software provided by Abrites Ltd. The software provided by Abrites Ltd. may include control measures for the access to the software with view to prevent potential prohibited reproduction, or exceeding of limited rights and licenses provided by the present License Agreement. Only the software with a valid license can be used to access the online services and to download updates. You cannot limit or restrict these access control measures or try to deactivate or neglect these security measures. If you prohibit or otherwise change the technical protection measures, the software provided by Abrites Ltd. will not function properly. The software provided by Abrites Ltd. may require an Internet connection to access services or the Internet – base characteristics for software certification or for other functions. In order for some of the functions of the software provided by Abrites Ltd. to work properly, you may be required to have and maintain a stable Internet connection. In order to use the software provided by Abrites Ltd. you accept and agree that any third persons transferring data may have fees and commissions depending on your data plan. Please consult your supplier for further information. In case you have not provided a stable Internet connection, the software provided by Abrites Ltd. or some of its functions may fully or partially work improperly or not work at all.
Some of the functions of the software provided by Abrites Ltd. may require that you have licenses, notifications or certificates required under the legislation of your country or the observance of established procedures in connection with the performance of specific services under the technical specifications of the motor vehicle. In case you are duly authorized, please bear in mind that after the completion of the respective procedure you should point out such procedures in all necessary documents: offers, repair orders, invoices, as well as all technical, accounting or trade documents.
Each use of the software provided by Abrites Ltd. without the necessary permits, notifications, certificates or in violation of the established procedures for the performance of specific services are entirely at your risk and responsibility. As there is no control over the way in which the software provided by Abrites Ltd. is applied and used, Abrites Ltd. will not be liable for its use in violation of the provisions of the legislation of your country. Abrites Ltd. will not be liable for any unlawful action taken by you.
5. COLLECTIONS AND USE OF INFORMATION. PERSONAL DATA PROTECTION
Through the installation, access and use of the software provided by Abrites Ltd. you agree to observe these terms and conditions for collection and use of personal data. Abrites Ltd. respects your personal rights and acknowledges the significance of any information about you that has been collected. Abrites Ltd. is responsible for the protection of your personal data collected by Abrites Ltd. by virtue of a Confidentiality Declaration which can be amended or updated by Abrites Ltd. and is accessible on the internet in chapter “Confidentiality policy” applicable to the present License Agreement. The Confidentiality declarations set out how, why and to what extent Abrites Ltd. collects and uses personal and non-personal data in connection with the products and services supplied by Abrites Ltd. By accepting the terms and conditions of the present License Agreement you agree with the following link to the web page of Abrites Ltd. (www.abritus72.com), which means that you completely accept the confidentiality policy of Abrites Ltd. together with all terms and conditions contained therein. The installation, access to and use of the software provided by Abrites Ltd. will only be possible after you have explicitly accepted all terms and conditions of the present License Agreement.
Abrites Ltd. hereby presents you with a warranty (provided that you are the first and official purchaser of the software) that the software is accessible online to you. The warranty covers all defects in the software which might prevent its proper installation on a computer. By using this product you accept and agree with all possible errors that might occur and you undertake to report such errors to Abrites Ltd. The improper use of the software provided by Abrites Ltd. may lead to damages to the electronic control panels. Abrites Ltd. is not liable for damages to the electronic control panels.
6.2 Lack of other warranties
Apart from the above warranty as settled in art. 6.1. and in full force and in compliance with the applicable legislation, the software provided by Abrites Ltd. will be granted to you “as it is”, with all possible defects and without any guarantee whatsoever, without warranties or guarantees of any kind, and the use of the product shall be at your sole responsibility. The whole risk connected with the good quality and performance of the product shall be borne by you. Abrites Ltd. does not guarantee your satisfaction with the use of the software, nor does Abrites Ltd. guarantee that the software will satisfy your requirements or that it will function without interruption or errors, or that the software presented by Abrites Ltd. will work together with or collaborate with any other software products manufactured by Abrites Ltd., or that any errors of the software provided by Abrites Ltd, will be corrected.
7. LIMITATION OF LIABILITY
In no case and under no circumstances shall Abrites Ltd. be liable for any specific, special, accidental or other damages caused by the possession of, access to, use or malfunction of the software provided by Abrites Ltd., including, but not limited to, property damages, damage or loss of reputation, computer failure or improper functioning of computers, and, to the extent permitted by the law, injuries, property damages, benefits foregone or penalty damages from actions caused by or in connection with the present License Agreement or the software, regardless of whether they have occurred in violation, agreement, warranty or specific liability or in other situation and regardless of whether Abrites Ltd. was aware of the possibility of such damages, or not. For the purposes of the present art. 7, Abrites Ltd. is a third party-beneficiary with respect to the liability limitations provided for herein, whereby, Abrites Ltd. may use the provisions of the present License Agreement against you.
As the legislation of some countries does not allow for limited liability, the above (limitation of liability) shall apply in the full extent permitted by the laws of the relevant jurisdiction. Such liability limitation shall not apply only in case some of the specific provisions contained herein are prohibited by a federal, state or municipality law which cannot be avoided. Under no conditions shall the liability of Abrites Ltd. be applied to any damages, if such damages exceed the actual price paid by you for the use of the software provided by Abrites Ltd.
8. MISCELLANEOUS. TERMINATION: In case you violate the provisions of the present License Agreement, it will be immediately terminated by Abrites Ltd. whereby you accept and agree that upon termination of the present License Agreement and after the termination of the contractual relationship you will not be entitled to any compensations, either by virtue of the law or by virtue of a contract. In such case you will be obliged to destroy all copies of the software and its parts and to suspend your access to it. Furthermore, upon termination of the present License Agreement you are obliged to destroy all software programmed provided to you by the official distribution channels or otherwise acquired by you, as well as all copies of the software which have been made, including to delete and conclusively uninstall the software from all computers on which it has been installed.
REMEDIES: You hereby agree that in case you violate the provisions of the present License Agreement, Abrites Ltd. shall be unconditionally entitled to deprive you from your rights without having to present evidence for damages incurred. This shall in no way restrict the right of Abrites Ltd. to hold you responsible in connection with the violation and shall be considered as addition to all other available remedies.
COMPENSATION: You hereby agree to protect and keep Abrites Ltd., its partners, subsidiaries, contractors, employees, directors, employees or agents from and against any damages, losses and expenses deriving directly or indirectly from:
1) All your actions and/or inaction in the use of the software provided by Abrites Ltd. in compliance with the provisions of the present agreement, or
2) violations of the present License Agreement on your part.
FINAL PROVISIONS: The present License Agreement waives all previous agreements between the parties, including side agreements between them. Abrites Ltd. shall preserve its right to amend or supplement this agreement, as well as to remove parts of it, at its won discretion, whereby Abrites Ltd. is obliged to publish the undated version of the License Agreement on its web page (www.abritus72.com). You will be considered to accept such amendments in case you continue to use the services rendered by Abrites Ltd. In case some of the provisions of the present agreement shall turn out to be invalid or inapplicable, or if it is considered that some of the provisions of the present agreement threatens the validity or applicability of the entire agreement or of some of its material provisions (such provision will be referred to as “violating provision”), the parties agree that such violating provision will be amended to the extent that it needs to be amended in order for it to become applicable, whereby all remaining provisions of the License Agreement shall be unaffected.
All disputes between the parties deriving from or connected with the present License Agreement or its violation, termination or validity, shall be conclusively resolved at the discretion of Abrites Ltd:
1) By the competent courts of justice in the country of residence of the user of the granted right, or
2) By the courts of justice of the country of registration of Abrites Ltd. Nevertheless, Abrites Ltd. is entitled to turn to any other court of the same jurisdiction instead. The courts in the place of registration of Abrites Ltd. shall have exclusive jurisdiction regarding all disputes deriving from or in connection with the present License Agreement. Abrites Ltd. shall, however, have the right to turn to any other court with jurisdiction.
By accepting the terms and conditions of the present License Agreement you agree that you may submit claims and requests against Abrites Ltd. only individually on your own behalf, and not as a representative or member of a professional organization or representation.
By accepting the present License Agreement you agree to receive electronic messages containing information about the products of the company and software updates.