OBD HAWK EULA

NO RETURNS ARE ACCEPTED ON ANY BLACK FRIDAY SALES.

Please read this End User License Agreement (the “Agreement”) carefully. It sets forth the terms and conditions under which OBD HAWK INC (hereinafter sometimes referred to as “OBD HAWK” or the “Company”) licenses our Software for use.

This copy of OBD HAWK [Integrated Service Technical Application for Diagnostics] [Integrated Service Technical Application for Programming] (the “Software Product”) and accompanying documentation is licensed and not sold. You are granted a revocable, non-exclusive, non-transferable, limited right to install and use the Software Product on a single device owned and controlled by you, and to access and use the Software Product strictly in accordance with the terms and conditions of this license. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. OBD HAWK INC, or its subsidiaries, affiliates and suppliers (hereinafter, the “Company”) own the intellectual property rights in the Software Product. Your use, copy, and download of the Software Product is subject to these rights and to all the terms and conditions of this Agreement.

Acceptance of the OBD HAWK Software Product

By clicking “Accept Agreement or I agree with Terms & Conditions” when you first use and /or install the Software Product, you agree to be bound by the terms and conditions of this Agreement. If you (and any business entity you represent) do not agree to this Agreement, you must click “Decline” during the installation and you may return the Software Product (Limited to non-activated license / product key software, unopened package and any written materials) for a full refund. Your right to return and refund expires after thirty (30) days after purchase from the Company or an authorized re-seller, and applies only if you are the original end user purchaser.

The certified software is only guaranteed to work with our certified hardware, like the certified ICOM A, and the other certified cables by OBD HAWK.

Before you download the Software from our website, we will ask you to give your express agreement to the terms and conditions of this Agreement. If you do not agree to this Agreement, you must not download or use the Software Product for any purpose whatsoever.

Restrictions on Transfer

You may not assign your rights and obligation under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer to this Software Product without first obtaining the express written consent of the Company.

Restrictions on Use

You shall not: (a) decompile, reverse-engineer, disassemble, attempt to derive the source code of, or decrypt the source code of this Software Product; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software Product; (c) violate any applicable laws, rules or regulations in connections with your access or use of the Software Product; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or licensors of the Software Product; (e) make the Software Product available over a network or other environment permitting access or use by multiple devices or users at the same time; (f) use the Software Product for creating a product, service or software that is, directly or indirectly, in competition with or in any way a substitute for any services, products or software offered by Company.

Infringement Acknowledgement

You and the Company acknowledge and agree that, in the event of a third party claim that the Software Product or your possession or use of the Software Product infringes any third party’s intellectual property rights, you (and not Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. However, you agree that you will promptly notify Company of such a claim.

Restriction on Copying

You may not copy any part of this Software Product.

Termination

If you fail to comply with any terms and conditions of this license, then this license and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of this license, you shall cease all use of and uninstall the Software Program and destroy all copies thereof.

Limited Software Product Warranty

For a period of 60 days from the date that you download this Software Product, as applicable, the Company warrants that when properly installed and used under normal conditions, this Software Product will perform substantially as advertised.

Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, NEITHER THE COMPANY, ITS MANAGERS, OFFICERS, EMPLOYEES OR AGENTS, SHALL IN ANY WAY BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND CAUSES OF ACTION, ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE PRODUCT, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

OBD HAWK MAKES NO WARRANTY AS TO THE PERFORMANCE OF THIS PRODUCT. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT OR CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION.

IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE SOFTWARE PRODUCT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE SOFTWARE PRODUCT, WHICHEVER IS GREATER.

You agree and acknowledge that the Company’s exclusions and limitations of liability are reasonable in the circumstances and that the price of the OBD HAWK Software Product would be increased if such exclusions and limitations were not enforceable.

This Limited Warranty gives you specific legal rights, and you may also have other rights that vary depending on the applicable state or country. Some states or countries may not allow the exclusion of limitation of incidental or consequential damages, may not allow limitations on how long an implied warranty or condition lasts, or allow provisions that permit the warranty to be voided. Thus, some of the above limitations or exclusions may not apply to you. Waiver by the Company of any default will not be deemed a continuing waiver of such default or a waiver of any other default.

This Limited Warranty is to be construed under the laws of the United States, excluding its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. Any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and binding arbitration to be conducted in United states under the rules of the United states Uniform Arbitration Act. If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the Software Product, the provisions of this Limited Warranty shall apply to the extent of such inconsistency.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of this Software & Hardware Product. Selection of whether to correct or replace shall be solely at the discretion of the Company.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, extraordinary natural acts, unusual temperature or humidity, improper installation, security seal removal or damage determined by OBD HAWK to have been caused by you.

All limited warranties on this Software Product are granted only to you and are non transferable.

You agree to indemnify and hold OBD HAWK harmless from all claims, judgments, liabilities, expenses, or coats arising from your breach of this Agreement and/or acts or omissions.

Governing law, Jurisdiction and Costs

This Agreement is governed by the laws of United States, without regard to its conflict of law principles.