Bosch TPA 300 User Manual page 58

Hide thumbs Also See for TPA 300:
Table of Contents

Advertisement

en-US | 5 8 | User Guide | TPA 300
and/or costs (including, but not limited to,
reasonable attorneys' fees) resulting from or
arising out of any claim, suit, action, arbitration
or proceeding brought or threatened by a third
party against a Bosch Indemnified Party relating
to: (i) a breach or alleged breach by you of any
of its representations, warranties, covenants
or obligations hereunder, (ii) your use, misuse
or failure to use the Software Product, or (iii)
infringement or misappropriation of any Bosch
intellectual property or the intellectual property
rights of any third party by you.
ASSIGNMENT. You may transfer and assign the
Software Product and this Agreement to another
party provided, you must transfer all of the
Software Product and all copies of the Software
Product to the successor, and the successor
must promptly notify us that the successor
will comply with the terms of this Agreement.
Otherwise, you may not transfer or assign the
Software Product and this Agreement.
TERMINATION. This Agreement and the license
granted hereunder are effective until terminated
by you or Bosch. You may terminate it at any
time by destroying the Software Product. Your
rights under this Agreement will also terminate
automatically without notice from Bosch if you
fail to comply with any term or condition of this
Agreement. Upon termination of this Agreement,
you shall cease all use of the Software Product
and destroy all copies, full or partial, of the
Software Product. The provisions of Sections
3, 4, 5, 6, 7, 10 and 12 shall survive any
termination of this Agreement.
EXPORT AND OTHER LAWS. You may not use
the Software Product in violation of any federal,
state or other applicable laws. You may not use
or otherwise export or re-export the Software
Product except as authorized by United States
law and the laws of the jurisdiction in which the
Software Product was obtained. In particular,
but without limitation, the Software Product
may not be exported or re-exported (a) into any
U.S. embargoed countries or (b) to anyone on
the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of
Commerce Denied Person's List or Entity List.
By using the Software Product, you represent
and warrant that you are not located in any
such country or on any such list. You also agree
that you will not use the Software Product for
any purposes prohibited by United States law,
including, without limitation, the development,
design, manufacture or production of nuclear
missiles, or chemical or biological weapons.
1699502721 | REV. A | MAY 2020
GENERAL. You are solely responsible for
installation, management and operation of the
Software Product. Bosch's failure to exercise or
enforce any right or provision of this Agreement
shall not operate as a waiver of such right
or provision. This Agreement and any other
documents referenced in this Agreement,
constitute the entire agreement between you
and Bosch pertaining to the subject matter
thereof, and supersedes in its entirety any
and all written or oral agreements previously
existing between us with respect to the
Software Product. The parties agree that each
provision of this Agreement is intended to be
construed to be enforceable to the fullest extent
possible. If any provision or part of a provision
of this Agreement is held to be unlawful, void,
or unenforceable, that provision or part of
the provision shall be deemed severable from
this Agreement and not affect the validity and
enforceability of any remaining provisions.
APPLICABLE LAW. This Agreement shall be
governed by and construed in accordance with
the laws of the State of Michigan, without giving
effect to any principles of conflicts of laws.
Both parties submit to personal jurisdiction in
the State of Michigan and further agree that any
cause of action relating to this License shall be
brought in the state and federal courts in the
County of Oakland, State of Michigan. Your use
of the Software Product may also be subject to
other local, state, national or international laws.
Copyright © 2020, Bosch Automotive Service
Solutions. All Rights Reserved
© Bosch Automotive Service Solutions Inc.

Hide quick links:

Advertisement

Table of Contents
loading

Table of Contents