PartsManager Pro Terms & Conditions / End User License Agreement
- The cost for the EPC subscription does not include Shipping and
Handling and applicable taxes.
- The order will be processed (credit card will be charged) within 5 working days of order submittal.
- The subscription is an annual fee.
- The subscription will automatically renew for one year unless cancelled in advance.
- Subscription cancellation will cause the subscription to expire.
- There are no refunds for any portion of an cancelled subscription.
Important. Read carefully.
This License Agreement (the "Agreement") is a legal agreement between you (individually and the company you represent) and Snap-on Business Solutions Inc. ("Snap-on"). Snap-on is granting you limited rights to use its PartsManager software product (PartsManager Pro, PartsManager DIY or other PartsManager software for which you have provided consideration to Snap-on), together with the associated media, printed materials and online or electronic documentation (collectively, the "Software"). The Software may be delivered to you on disc or downloaded from the Internet. In either case, this Agreement applies.
BY INSTALLING OR DOWNLOADING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE INDIVIDUAL WHO INSTALLS OR DOWNLOADS THE SOFTWARE ALSO REPRESENTS BY DOING SO THAT HE OR SHE IS AUTHORIZED TO BIND TO THE TERMS OF THIS AGREEMENT THE ENTITY FOR WHICH THE SOFTWARE IS TO BE USED.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR DOWNLOAD THE SOFTWARE. RETURN SOFTWARE DELIVERED TO YOU ON DISC WITH ITS PACKAGING TO SNAP-ON AT THE ADDRESS IN PARAGRAPH 4 BELOW. ONLINE, EXIT THIS AGREEMENT AND DO NOT PROCEED TO DOWNLOAD THE SOFTWARE.
1. Grant of License. The Software is licensed to you, not sold, in consideration of your payment of the applicable license fees or charges. This Agreement grants you the following rights:
a. You may install from disc or download and use one copy of the Software, or any prior version for the same operating system, on a single computer. Your license for the Software is non-transferable and non-exclusive.
b. You may not reverse engineer, decompile or disassemble the Software. You may use the Software in object code format only. Snap-on does not grant you any license to the source code for the Software.
c. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
d. You may not rent, lease or lend the Software to any other person or entity, including, without limitation, making the Software available as a shared tool or on a service provider basis. You may use the Software only for your customary internal business purposes.
e. Without prejudice to any other rights, Snap-on may terminate this license if you fail to comply with the terms and conditions of this Agreement. In such event, you must return to Snap-on or destroy (at Snap-on's option) all copies of the Software and all of its component parts.
2. Copyright. All title and copyrights in and to the Software (including the accompanying documentation) and all copies of the Software are owned by Snap-on or its licensors. The Software is protected by copyright laws and international treaties, as well as other intellectual property laws. Therefore, you must treat the Software like any other copyrighted material. You may install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy any documentation accompanying the Software, but you may print one copy of electronic documentation for your own internal use.
3. Limited Warranty. Snap-on warrants that the disc media (if applicable) on which the Software has been delivered is free from all manufacturing defects which would interfere with normal operation in fully compatible hardware. Snap-on further warrants for a period of one (1) year after its initial release that Software will perform in all material respects as described by Snap-on in user documentation accompanying the Software when the Software is installed and operated on hardware that satisfies minimum system specifications provided by Snap-on.
Any third-party software and data provided by Snap-on with the Software is delivered to you "AS IS," without warranty.
SNAP-ON DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
4. Customer Remedy Your exclusive remedy for breach of the limited warranty shall be (a) for any disc with a manufacturing defect, Snap-on will replace the Software if such disc is returned to Snap-on, postage prepaid, to Snap-on - Warranty, 1909 Old Mansfield Road, Wooster, Ohio 44691 or (b) for an error or defect in the Software that can be replicated by Snap-on, Snap-on will use its commercially reasonable efforts to correct any such error or defect in the Software (or provide a work-around) so that the Software operates substantially in accordance with the functionality described in accompanying documentation. THIS SECTION STATES YOUR EXCLUSIVE REMEDY, AND SNAP-ON'S ENTIRE LIABILITY, FOR BREACH OF THIS AGREEMENT.
5. No Other Warranties. SNAP-ON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
6. Limitation of Liability. IN NO EVENT SHALL SNAP-ON BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF SNAP-ON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SNAP-ON'S LIABILITY (IF ANY) UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF THE CLAIM OR THE NATURE OF DAMAGES ASSERTED, EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU TO SNAP-ON FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
7. Governing Law. This Agreement shall be governed by the laws of the State of Ohio. You hereby agree that any action or other legal proceeding relating to this Agreement shall be litigated only in Cleveland, Ohio. You hereby consent and submit to the jurisdiction of any state or federal court located in Cleveland, Ohio, and waive each objection to the venue of any such action or other proceeding.
8. Authorized Dealer. Your right to use the Software is conditioned upon your status as an authorized dealer or customer of a manufacturer or other organization that has licensed PartsManager software from Snap-on. In the event such manufacturer or other organization is no longer licensed to use PartsManager or in the event you are no longer an authorized dealer or customer of such organization, Snap-on may terminate your license to use the Software.
9. Third-Party Software. By using the Software, you also agree to abide by the terms and conditions of licenses for third-party software and/or data that Snap-on may provide to you in connection with the Software. Separate license agreements for third-party software and/or data may accompany the Software. In the absence of a separate third-party license agreement, the license terms and restrictions of this Agreement extend to your use of third-party software and/or data provided by Snap-on, including, without limitation, database software. In such cases, third-party licensors shall be beneficiaries of this Agreement as it relates to of your use of their respective software and/or data. This Agreement is not intended, and will not be construed, to supersede any separate license agreement for third-party software or data provided to you in connection with the Software.
10. Default. If you fail to comply with any of the terms or conditions of this Agreement, Snap-on may, at its option, terminate this Agreement and your license to use the Software and exercise any and all other rights and remedies available to Snap-on under this Agreement or applicable law. You agree that you will pay or reimburse Snap-on for all reasonable costs and expenses, including reasonable legal fees, incurred to protect or enforce its rights under this Agreement.
11. Written Agreement. If you signed a written license agreement with Snap-on covering the Software, the written agreement will continue in effect. In the event of any conflict between the terms of such a written agreement and this Agreement, the written agreement will control as to such inconsistent terms.