1.1 The present WABCO End-User Licence Agreement (hereinafter referred to as "EULA") governs the End-User Licence granted to you by WABCO Standard GmbH (hereinafter referred to as "WABCO").
1.2 The EULA applies to the Diagnostic Software you have purchased from WABCO, including accessories, documents, help and masks on the screen, or electronic handbooks (hereinafter referred to as "Software Product").
1.3 By installing, copying or using the Software Product in any other way, you agree with the content of this EULA, in which case WABCO waives the submission of declaration of consent. If you disagree with the content of the EULA, do not install, copy or use the Software Product in any other way; you must stop further program execution NOW.
2. Terms of the licence
2.1 The Software Product is copyright-protected. You are acquiring for the duration of this agreement a non-exclusive, personal and non-transferrable end-user licence for the Software Product. The licence comprises the following rights and obligations:
2.2 Use
The Software Product may be used by you alone. The Software Product's serial number is automatically deposited as "finger print" on the WABCO control unit. You may install your Software Product or any older version thereof for the same operating system on a computer, and make a copy for security purposes.
2.3 Backup, use of network
You may back up the Software Product on a storage device, for instance your network server, so long as the said storage device enables you to use the Software Product on your internal network on ONE computer. The Software Product may only be used on more than one computer or by more than one person if you have purchased a separate licence. Sharing the purchased licence is not allowed; the Software Product may not be used together by several users or on several computers.
2.4 Licence package
If you have bought the Software Product within the framework of a WABCO licence package, you may make a copy of each Software Product, provided you respect the other provisions of the EULA.
2.5 Licence fee
Your licence fee is contained in the guidelines for Internet distribution which can be downloaded from WABCO's homepage.
2.6 Copies
Copies may only be made for security purposes. WABCO has all rights over these copies, except where they have been assigned in accordance with paragraph 2.1. You may use the Software Product on your data processing equipment within the framework of this EULA, even if in so doing intermediate copies are made in the working memory.
3. Other rights and obligations
3.1 Limitation for reverse engineering, disassembling and decompiling
You are not allowed to subject the Software Product to reverse engineering, to de-compile or disassemble it, except where this is allowed by German copyright law. You are not allowed either to install, copy, or use individual parts of the Software Product in any other way on more than one computer
3.2 Resale
You are not allowed to sell or transfer the Software Product. Since a finger print is left on WABCO vehicle control units, it is, in particular, in your own interest not to resell the Software Product.
3.3 Leasing
You are not allowed to hire out, lease or lend the Software Product.
4. Terminating the agreement
WABCO has the right to terminate the agreement exceptionally without prior notification if you violate the provisions of the EULA. This shall not affect WABCO's other rights.
On termination of the agreement, you shall be obliged to delete and/or physically destroy all copies and available data as well as other accessories of the Software Product. WABCO is entitled to require a sworn statement in this regard from you. The rights conferred on you pursuant to paragraph 2 shall be withdrawn by WABCO on termination of the agreement, without further objective act.
5. Copyright and trademark ownership
Except where otherwise formally stipulated in this EULA, the Software Product and the accompanying printed materials remain WABCO's property, even if you modify or connect the Software Product to your own programs or to a third party's programs. The Software Product and the accompanying materials are protected by copyright and trademark ownership law, also by international agreement. It is forbidden to reproduce accompanying materials. You may make a copy of the Software Product for archival purposes. You are not allowed to remove copyright or trademark ownership inscriptions from Software Products.
6. Media
If you receive the Software Product more than once (for instance, on a CD or diskettes), you may only use the technical version chosen by you once. You are not allowed to use the other data storage media.
7. Liability for defects
The formulas and data used in this program have been used to the best of our knowledge. We do not give any express guarantee concerning the hitch-free working of the program.
The user has to check the software immediately, latest within 6 working days after initial operation, especially to ensure that the basic program functions are working properly. Any defects detected in this process must be reported to WABCO immediately. Complaints about faults which cannot be detected during a regular check must be filed within 8 working days after fault detection. Where the verification and complaint obligation is violated, the Software shall be deemed acceptable in relation to the fault in question.
8. Limitation of liability
WABCO shall not be held responsible for any property damage, except where the said property damage is intentional or due to gross negligence on the part of WABCO. Liability in accordance with product-liability law or other applicable laws remains unchanged.
9. Final provisions
9.1 The invalidity of any provision of the present agreement shall not affect the validity of the remaining provisions.
9.2 If you are a fully qualified merchant, or if you have no residuary jurisdiction in the Federal Republic of Germany, the jurisdictional venue for any dispute arising from or in connection with the present agreement shall be WABCO's corporate domicile. Nevertheless, WABCO may also refer litigation to the court in charge of your company's corporate domicile.
9.3 The present agreement shall be governed solely by German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of the conflict of laws, which would require the use of another law, shall not be applicable.
9.4 For further information, please contact: WABCO Vehicle Control Systems Am Lindener Hafen 21 30453 Hannover Tel. 00-49-511-9220
