Terms of Use

Version 1.8, November 2023

  1. Your Acceptance

    Read the terms and conditions of these Terms of Use (the "Agreement") carefully before continuing to use the software therein and the accompanying documentation (collectively the "Program"). The Program is copyrighted and licensed (not sold).

    This Agreement represents the entire agreement concerning the Program between you and creator of the Program ("OCTech, LLC" herein referred to as "Licensor"), and it supersedes any prior proposal, representation, or understanding between the parties.

    BY PRESSING THE ACCEPT BUTTON OR INSTALLING, LOADING, OR OTHERWISE USING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT AND ANY AND ALL APPLICABLE LAW REGARDING YOUR USE OF THE PROGRAM. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT CONTINUE USING THE PROGRAM AND YOU SHOULD NOT PRESS THE ACCEPT BUTTON.

  2. Changes to Agreement

    We reserve the right to make changes to this Agreement from time to time as we make changes to the Program or as technology or other factors change.

  3. Notice

    ATTEMPTING TO OPERATE A MOBILE PHONE, COMPUTER, ELECTRONIC OR TOUCHSCREEN DEVICE WHILE OPERATING A VEHICLE IS DANGEROUS AND IS NOT RECOMMENDED. MANY FUNCTIONS OF THE PROGRAM ARE NOT INTENDED FOR USE WHILE DRIVING. DO NOT ATTEMPT TO ENTER INFORMATION OR NAVIGATE THE PROGRAM WHILE DRIVING. DOING SO CAN RESULT IN SERIOUS INJURY, DEATH, OR DAMAGE TO PROPERTY AND COULD BE UNLAWFUL.

    MANY FEATURES OF THE PROGRAM ARE MEANT FOR DIAGNOSTIC PURPOSES ONLY. WE STRONGLY RECOMMEND THAT YOU DO NOT INITIATE A CONNECTION TO THE VEHICLE OR PERFORM DIAGNOSTIC FUNCTIONS WHILE THE VEHICLE IS IN MOTION.

    YOU AGREE TO ABIDE BY THIS NOTICE AND THAT YOUR USE OF THE PROGRAM IS SOLELY AT YOUR OWN RISK, AND YOU AGREE TO ASSUME ALL LIABILITY FOR ANY CONSEQUENCES RESULTING FROM USE OF THE PROGRAM.

  4. License Grant

    Licensor hereby grants to you, and you accept, a nonexclusive license to use the Program in machine-readable, object code form only and the accompanying User Documentation, only as authorized in this Agreement. The Program may be used only on devices owned, leased, or otherwise controlled by you.

  5. Privacy Policy

    The Privacy Policy for the Program (referred to as "Privacy Policy") is available on the Settings page within the Program. Usage of the Program indicates your agreement with the terms of the Privacy Policy.

  6. Restrictions on Use

    You explicitly agree with the following restrictions on your use of the Program.

    You are not permitted to reverse assemble, reverse compile, reverse engineer, alter, or otherwise translate the Program. You are not permitted to attempt to derive the source code, code structure, program architecture, or algorithms of the Program. You are not permitted to link, build against, or include any of the binaries, assemblies, images, assets, or libraries included with the Program in any other application or utility. No copies of the Program or any portions thereof may be made by you or any person under your authority or control. You are not permitted to modify or create any derivative works of the Program. You are not permitted to resell or charge others for use of the Program. You are not permitted to copy, upload, redistribute, or republish any part of the Program without express written permission from the Licensor.

  7. Licensor's Rights

    You acknowledge and agree that the Program and the documentation are proprietary products of Licensor protected under copyright law. You further acknowledge and agree that all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. This Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this Agreement. The Licensor reserves the right to anonymously track and report your activity with regard to usage of the Program and vehicle statistics as specified in the Privacy Policy.

  8. License Fees

    The license fees paid by you are paid in consideration of the licenses granted under this Agreement.

  9. Term

    This Agreement is effective upon loading the Program and shall continue until terminated. You may terminate this Agreement at any time by uninstalling and deleting the Program and all copies thereof. Licensor may terminate this Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to discontinue use of the Program and to uninstall and delete the Program and all copies and portions thereof.

  10. Indemnification

    You agree to indemnify, hold harmless, and to defend the Licensor from and against any and all claims, costs, losses, liabilities, obligations, damages, and expenses (including but not limited to attorney fees) arising from: (i) your use of the Program; (ii) any breach or violation of this Agreement; (iii) claims that use of the Program has injured or otherwise violated any right of any third party or violates any law.

  11. Disclaimer of Warranty

    THE PROGRAM AND SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT YOUR USE OF THE PROGRAM SHALL BE AT YOUR SOLE RISK.

  12. Limitation of Liability

    LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR IN ANY WAY RELATING TO USE OF THE PROGRAM SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR (IF ANY) FOR THE USE OF THE PROGRAM. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF IMPROPER OR IMPRUDENT USE OF THE PROGRAM, INCLUDING USING THE PROGRAM WHILE DRIVING OR OPERATING A VEHICLE.

  13. Ability to Accept Agreement

    You affirm that you are fully able and competent to enter into the terms, conditions, obligations, and warranties set forth in this Agreement.

  14. Data Usage

    The Program contains features and functions that may result in data usage through an active internet connection. Depending on your mobile data plan, your mobile carrier may charge you for the data use. The Licensor is in no way responsible for any charges related to mobile data usage incurred while using the Program.

  15. Governing Law

    This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania.

  16. Severability

    Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

  17. No Waiver

    The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Licensor:
OCTech, LLC
https://www.obdsoftware.net