IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU, THE CUSTOMER, AGREEING TO THE TERMS SET OUT BELOW.
DO NOT USE OR LOAD THIS SOFTWARE AND ANY ASSOCIATED MATERIALS (COLLECTIVELY, THE "SOFTWARE") UNTIL YOU HAVE CAREFULLY READ AND ACCEPTED ALL THE TERMS OF THIS LICENSE AND WISH TO BECOME THE LICENSEE OF THE SOFTWARE.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT WISH TO SO AGREE, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
LICENSE. This software and the related documentation (the "Software") is the property of Fiat Group Automobiles S.p.A. ("FGA"). Pursuant to this license, FGA grants the licensee a non exclusive right to:
a) use the Software strictly in accordance with the provisions of this license;
b) make one copy of the Software onto a single computer for back-up purposes only:
Pursuant to this license the licensee shall:
a) prevent unauthorized copying of the Software;
b) not reverse engineer, decompile, or disassemble the Software;
c) not at any time reproduce, publish, sell, let, lend or otherwise part with possession of its copy or any other copy of the Software or relay or disseminate the Software or incorporate and/or embed the Software in its internal systems.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. All rights, title and interest in this Software shall at all times remain with FGA or its suppliers. The licensee shall not claim any ownership interest in this Software. Title to all copies of the Software shall remain with FGA or its suppliers. The Software is copyrighted and protected by the laws of Italy and other countries, and international treaty provisions. The licensee may not remove any copyright notices from the Software. FGA may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, FGA grants no express or implied right under any FGA patents, copyrights, trademarks, or other intellectual property rights. Nothing in this license shall operate as an assignment of any intellectual property rights that exists in or to the Software.
EXCLUSION OF ALL WARRANTIES. THIS SOFTWARE IS PROVIDED BY FGA "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT THE SOFTWARE MAY CONTAIN ERRORS. THE LICENSEE WARRANTS THAT IT DOES NOT RELY ON THE SOFTWARE BEING COMPLETE OR ERROR FREE. ACCORDINGLY, FGA DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL FGA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, INFORMATION OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE LICENSEE. THE LICENSEE MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
In the event any mandatory statute implies terms into this license which cannot be lawfully excluded, such terms will apply to this license, save that the liability of FGA for breach of any such implied terms shall be limited, at the option of FGA, to any one or more of the following:
a) the replacement of goods to which the breach relates or the supply of equivalent goods;
b) the repair of such goods;
c) the cost of having such goods repaired.
INDEMNIFICATION BY LICENSEE. The licensee shall at all times indemnify FGA and its officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal cost and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceeding against those indemnified where such loss or liability was caused by:
a) a breach by the licensee of its obligations under this license;
b) any willful, unlawful or negligent act or omission of the licensee.
TERMINATION OF THIS AGREEMENT. FGA may terminate this licensee at any time if the licensee violates any of its obligations hereunder. Upon termination, the licensee shall immediately destroy the Software or return all copies of the Software to FGA.
Termination of this license shall not affect any right or remedies which FGA may have otherwise under this license or at law.
ASSIGNMENT. The benefit of this license shall not be assigned by the licensee without FGA prior written consent.
WAIVER AND VARIATION. Failure or neglect by FGA to enforce any clause of this license, or any forbearance, delay or indulgence granted by FGA to the licensee, shall not be construed as a waiver of FGA rights under this license or at law.
APPLICABLE LAW. This license shall be governed by and construed in accordance with the laws of Italy, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. The licensee may not export the Software in violation of any applicable export laws and regulations. Any dispute however related to or arising from this license and/or the Software shall be subject to the exclusive jurisdiction of the Court of Torino (Italy).