USA License: CARSOFT(r) End User License Agreement

IMPORTANT: READ THIS DOCUMENT BEFORE INSTALLING OR USING LICENSEE'S COPY OF 
CARSOFT SOFTWARE.
  
FAILURE TO READ THIS DOCUMENT MAY HAVE SERIOUS LEGAL CONSEQUENCES.

LICENSEE MUST AGREE TO THESE TERMS AND CONDITIONS AS WELL AS THE 
INTERNATIONAL LICENSE

This document is a legal agreement between LICENSEE (an individual or business) and CARSOFT 
DIAGNOSTIC b.v.b.a. A Corporation formed under the laws of Belgium, and Carsoft USA Inc, a 
California Corporation, (Collectively "CARSOFT"). Use of the software indicates LICENSEE'S acceptance 
of these terms. As used in this License Agreement, the term "Software" means the software 
included on the CD or disk media provided with this License Agreement, product documentation, and any HARDWARE
MANUFACTURED BY CARSOFT that included with SOFTWARE. The term "Software" does not include any software 
that is covered by a separate license offered or granted by an entity other than CARSOFT; nor does it include
any hardware that may be included in the CARSOFT product package but not manufactured by CARSOFT.  License
and warranty provisions for third-party products are exclusively between third-party manufacturers and end-user.
CARSOFT is not a party to any such provisions.

IF LICENSEE DO NOT AGREE TO THESE TERMS AND CONDITIONS, RETURN, INTACT, THE 
SOFTWARE PACKAGE, CONTAINING THE CD OR DISK MEDIA, TOGETHER WITH THE 
OTHER COMPONENTS OF THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND 
OF THE PURCHASE PRICE.  ALL REFUNDS ARE MADE SUBJECT TO CARSOFT'S RETURN POLICY.  

1. PROPRIETARY RIGHTS. The Software and any accompanying documentation are the 
proprietary products of CARSOFT or its licensors and are protected under national laws and 
international treaty provisions. Ownership of the Software and all copies, modifications, 
translations, and merged portions thereof shall at all times remain with CARSOFT or its licensors.

2. GRANT OF LICENSE. The Software and accompanying documentation are being licensed to 
LICENSEE, which means LICENSEE have the right to use the Software only in accordance with this License 
Agreement. The Software is considered in use on a computer when it is loaded into temporary 
memory or installed into permanent memory. This License may not be assigned or otherwise 
transferred without prior written consent from CARSOFT, and any unauthorized transfer is null 
and void and will be subject to CONFIDENTIALITY clause herein.

LICENSEE is authorized to use ONLY a single copy of the Software on the number of computers for 
which LICENSEE has purchased a license (as indicated on the accompanying license certificate, if 
applicable). Each permitted copy of the Software may be used only in connection with a single 
computer owned or leased by LICENSEE. If the Software is made available on a network, it may be 
accessed only by ONE specific computer. Once the Software has been accessed by ONE 
specific computer it may not be used on any additional computers without purchasing additional 
licenses. All copies of the Software must include the copyright, trademark, and patent notices.

This license is personal to LICENSEE or LICENSEE'S business entity. LICENSEE may not sublicense, 
lease, sell, or otherwise transfer the Software or any of the accompanying documentation to any other person. 
LICENSEE may use the Software only for LICENSEE'S own personal use if LICENSEE are an individual sole-proprietor
 or for LICENSEE'S own internal business purposes if LICENSEE are a business organized as any other legal entity. 
If LICENSEE is a service bureau, integrator, value added reseller, or other type of service provider and wish to use 
this software on LICENSEE'S clients' computers, LICENSEE must purchase all applicable copies of License from 
CARSOFT prior to attempting to load multiple copies of the Software on multiple computers.

BACKUP COPY.  In addition to any copies authorized under this license agreement, LICENSEE may 
make a single copy of the Software solely for backup purposes.  Any unauthorized distribution or 
copying of CARSOFT Software will be prosecuted to the fullest extent of the laws governing LICENSEE'S 
country, Belgian Law, the laws of the European Union, the United States of America, or 
international treaties, conventions, and/or laws governing software piracy.

UPDATES AND SUPPORT. LICENSEE are entitled to receive technical support as outlined in the 
Software documentation. LICENSEE are entitled to receive Software updates (updates shall include any 
updates, service packs, patches, or bug fixes that CARSOFT makes generally available on our 
website at www.carsoft.be; www.carsoftusa.com; or on the website of general or local 
distributors) in accordance with CARSOFT policies as announced from time to time on terms 
comparable to those offered to other users of the Software under similar licenses.  Upgrades to 
future and/or concurrent versions will be available, from time to time, at additional cost.  Technical 
support hours of operation are limited and may vary from country to country; please contact LICENSEE'S 
Carsoft reseller for specific details, or consult LICENSEE'S product documentation.

TERM. This license is effective from LICENSEE'S date of purchase and shall remain in force until 
terminated. LICENSEE may terminate the license and this License Agreement at any time by destroying 
the Software and the accompanying documentation, together with all copies in any form.

3. NON-PERMITTED USES. Without the express prior written permission of CARSOFT, LICENSEE may 
not (a) use, copy, modify, alter or transfer, electronically or otherwise, the Software or 
documentation except as expressly permitted in this License Agreement, or (b) translate, reverse 
program, disassemble, decompile, or otherwise reverse engineer the Software, or (c) post any 
content or images on electronic bulletin boards, the internet, websites, in print, or other media for 
any purposes.  Any unlawful or irresponsible use of the product for any unlawful or irresponsible 
purposes is strictly prohibited.  Software piracy will be prosecuted to the fullest extent of the law. 

4. EXPORT CONTROLS. (USA ONLY) Certain uses of the Software by LICENSEE may be subject to 
restrictions under U.S. regulations relating to exports and ultimate end uses of computer 
software. LICENSEE agree to fully comply with all applicable U.S. laws and regulations, including but not 
limited to the Export Administration Act of 1979 as amended from time to time and any 
regulations promulgated there under.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. (USA ONLY) If LICENSEE are acquiring the Software 
on behalf of any unit or agency of the United States Government, the following provision applies: 
It is acknowledged that the Software and the documentation were developed at private expense 
and that no part is in the public domain and that the Software and documentation are provided 
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to 
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer 
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial 
Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor is Carsoft 
USA,  2120 Las Palmas, Building G, Carlsbad, California, USA and Software Manufacturer is CARSOFT DIAGNOSTIC b.v.b.a. 
Luikersteenweg 240, B3500 Hasselt, Belgium.

6. LIMITED WARRANTY. CARSOFT HAS NO CONTROL OF THE CONDITIONS UNDER WHICH
LICENSEE USES THE SOFTWARE. THEREFORE, CARSOFT CANNOT AND DOES NOT WARRANT THE RESULTS THAT MAY 
BE OBTAINED BY ITS USE. CARSOFT IS NOT RESPONSIBLE IN ANY WAY FOR INSURING PROPERTRAINING, TECHNICAL 
ABILITIES, SKILLS, KNOWLEDGE,SAFETY MEASURES OR EXPERIENCE OF LICENSEE.  
CARSOFT CANNOT PROVIDE A GENERAL GUARANTY OF COMPLIANCE WITH PRODUCT SPECIFICATIONS.
HOWEVER, CARSOFT PROVIDES THE FOLLOWING LIMITED PERFORMANCE WARRANTIES:

a. CARSOFT WARRANTS THAT THE MAGNETIC/ELECTRONIC MEDIA ON WHICH THE SOFTWARE IS RECORDED IS FREE
FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. CARSOFT WARRANTS THAT THE
SOFTWARE ITSELF WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ITS SPECIFICATIONS.
b. CARSOFT WILL REPLACE ANY MAGNETIC/ELECTRONIC MEDIA WHICH PROVES DEFECTIVE IN MATERIAL OR
WORKMANSHIP DURING THE WARRANTY PERIOD, WITHOUT CHARGE.
c. CARSOFT WILL EITHER REPLACE OR REPAIR ANY SOFTWARE THAT DOES NOT PERFORM IN
ACCORDANCE WITH ITS SPECIFICATIONS WITH A CORRECTED COPY OF THE SOFTWARE OR
CORRECTIVE CODE OR INSTRUCTIONS AT CARSOFT’S SOLE OPTION.
c. DURING THE INITIAL TWELVE (12) MONTHS OF USE IF CARSOFT IS UNABLE TO REPLACE THE
DEFECTIVE MEDIA OR IF CARSOFT IS UNABLE TO PROVIDE CORRECTED SOFTWARE WITHIN A
REASONABLE TIME, CARSOFT WILL EITHER REPLACE THE SOFTWARE WITH A FUNCTIONALLY SIMILAR
PROGRAM OR TERMINATE THIS LICENSE WITHOUT FURTHER LIABILITY TO LICENSEE, AND REFUND TO
LICENSEE AN AMOUNT FOR THE EQUIPMENT FOR THE PRIOR PERIOD DURING WHICH THE
EQUIPMENT WAS RENDERED NON-FUNCTIONING BY THE FAILURE OF THE SOFTWARE, PROVIDED THAT
IN NO CASE SHALL SAID REFUND EXCEED TWENTY FIVE PERCENT (25%) OF ORIGINAL PURCHASE PRICE.
e. THE ABOVE WARRANTIES ARE MADE FOR THE TERM OF THIS AGREEMENT.
f. CARSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. THIS WARRANTY DOES NOT COVER ANY SOFTWARE OR HARDWARE
WHICH HAS BEEN SUBJECTED TO ANY DAMAGE OR ABUSE. THE WARRANTY DOES NOT COVER ANY 
SOFTWARE  OR HARDWARE WHICH HAS BEEN ALTERED OR CHANGED IN ANY
WAY BY ANY ONE OTHER THAN CARSOFT OR ITS AUTHORIZED REPRESENTATIVES.
g. CARSOFT RESERVES THE RIGHT TO TEST AND VERIFY ANY COMPLAINT, ISSUE OF NON-CONFORMITY TO SPECIFICATION,
OR CUSTOMER REPORTED FAULTS PRIOR TO ANY DETERMINATION OF FAILURE OR REMEDY.  THIS PROCESS MAY TAKE UP 
TO 90 DAYS. CARSOFT IS NOT REQUIRED TO SHARE ANY FINDING WITH LICENSEE.

THE REPRESENTATIONS AND WARRANTIES OF CARSOFT SET FORTH IN THIS AGREEMENT WITH RESPECT TO THE 
SOFTWARE, IF ANY, ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED 
OR STATUTORY ON BEHALF OF CARSOFT OR ANY OF ITS PARENT, AFFILIATE AND SUBSIDIARY ENTITIES, INCLUDING 
BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF MARKETABILITY 
OR FITNESS FOR A PARTICULAR USE WITH RESPECT TO THE SOFTWARE AND SAID OTHER REPRESENTATIONS 
AND WARRANTIES ARE HEREBY DISCLAIMED.

LICENSEE'S failure to return the enclosed registration card to complete the electronic registration and 
activation included with the Software may result in the software's inability to work as described 
and CARSOFT'S inability to provide LICENSEE with updates to the Software, and LICENSEE assume the entire 
risk of performance and result in such an event.  Under no circumstances will a FULL REFUND OF PURCHASE PRICE
be issued after 30 days from date software is shipped to LICENSEE, regardless of whether or not the software has 
been opened, installed, or activated. CARSOFT IS NOT RESPONSIBLE FOR DAMAGE OR DELAYS TO SOFTWARE OR HARDWARE 
OR USE THEREOF CAUSED BY COMMON CARRIER,WEATHER, COMPUTER VIRUSES, THIRD PARTY SOFTWARE, OPERATING SYSTEM FAULTS,
 COMPUTER HARDWARE FAULTS, UNAUTHORIZED DUPLICATION OR INSTALLATION, ETC.  

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL CARSOFT BE HELD LIABLE FOR 
DAMAGES RELATED TO USE OR MISUSE OF CARSOFT PRODUCTS.  IN NO  EVENT 
SHALL DAMAGES FROM ANY CLAIMED LIABILITY BE RELATED TO ANY OF THE 
FOLLOWING:  SOFTWARE EXCEEDS THE LICENSE FEES ACTUALLY PAID BY LICENSEE FOR 
THE SOFTWARE. EXCEPT FOR A RETURN OF THE PURCHASE PRICE UNDER THE 
CIRCUMSTANCES PROVIDED UNDER THE LIMITED WARRANTY, NEITHER CARSOFT NOR 
ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER 
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, 
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR 
CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, DATA 
LOSS, AUTOMOBILE OR MODULE DAMAGE, PERSONAL INJURY, BUSINESS 
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN 
IF CARSOFT OR ITS AGENTS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR 
ANY OTHER LEGAL OR EQUITABLE GROUNDS. BECAUSE SOME COUNTRIES OR STATES 
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR 
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.

8. GOVERNING LAW.  Domestic USA, US Territories, NAFTA Zone: The enforcement and 
interpretation of this agreement shall be governed by the laws of the State of California.  The 
court of jurisdiction for any disputes shall be the Superior Court of the County of San Diego.  All 
disputes must be resolved in said court.  Prevailing party shall be entitled to damages assigned 
by court plus reasonable attorney's fees.

International: Outside of the USA, US Territories, NAFTA Zone: The enforcement and 
interpretation of this agreement shall be governed by the laws of the United States of America, 
The European Union, British Law, and prevailing international laws.  The court of jurisdiction for 
any disputes shall be the Justice Courts of Hasselt, Belgium under Universal Jurisdiction.  All 
disputes must be resolved in said court.  Prevailing party shall be entitled to damages assigned 
by court plus reasonable attorney's fees.

9. NO WAIVER. Any failure by either party to this agreement to enforce a specific part of the 
agreement in a specific situation is not a waiver of rights under the agreement. The party may still 
enforce the rest of the agreement in that situation and may still enforce some or all of the 
agreement in other situations.

10.CONFIDENTIALITY.   CARSOFT MAINTAINS STRICT CONFIDENTIALITY AND DOES NOT DISCLOSE CUSTOMER INFORMATION 
WITHOUT WRITTEN PERMISSION IN ADVANCE FROM CUSTOMER.  Accordingly, Licensee hereby agrees that it shall
 maintain the Software as confidential, proprietary, trade secret information and shall not transfer, 
allow unauthorized third parties access to or assign the Software, documentation and/or any equipment
in which it is resident. Licensee further agrees that the damage which would be sustained by CARSOFT 
from the unauthorized transfer or assignment of the Software to any unauthorized third party or 
granting unauthorized third party access to the Software or Licensee’s failure to maintain the 
confidentiality of the Software is not readily calculable and therefore agrees that it, upon such
 intentional or unintentional transfer or assignment of the Software to a third party or granting of
 access to unauthorized third parties to the Software, or its breach of the confidentiality obligation 
hereunder it shall pay to CARSOFT liquidated damages in the sum of Twenty Five Thousand ($25,000) Dollars
which the parties hereto agree to be reasonable compensation and not a penalty. Licensee further 
agrees that the liquidated damages shall be in addition to any actual provable damages or equitable rights.

LICENSEE FURTHER AGREES TO REFRAIN FROM ANY DISCUSSIONS, POSTINGS, OR LISTING OF CARSOFT FEATURES, 
PERCEIVED PROBLEMS, CAPABILITIES, EXPERIENCES, OR INFORMATION DISCUSSED WITH CARSOFT PERSONNEL IN 
PUBLIC FORUM INCLUDING, BUT NOT LIMITED TO ONLINE BULLETIN BOARDS (“FORUMS” “BBS” “TECH MAIL”), 
PRINTED MEDIA, WEBSITES, WEB PAGES,ELECTRONIC MEDIA, ELECTRONIC MAIL, OR OTHER FORMS OF WRITTEN 
COMMUNICATIONS.  SUCH DISCUSSIONS, POSTINGS, OR LISTINGS ARE A BREACH OF CONFIDENTIALITY AND WILL 
RESULT IN DAMAGES TO CARSOFT AND MAY RESULT IN CIVIL PENALTIES IN ADDITION TO LIQUIDATED DAMAGES SPECIFIED HEREIN.

11.REGISTRATION, ACTIVATION, AND RETURN OF PRODUCT TO RESELLER.  ALL SOFTWARE REQUIRES ACTIVATION AND REGISTRATION
PRIOR TO USE.  ACTIVATION AND REGISTRATION FORMS ARE INCLUDED WITH STANDARD PRODUCT DOCUMENTATION.  ADDITIONAL COPIES
ARE AVAILABLE FROM CARSOFT AND MAY BE OBTAINED BY MAIL, FAX, OR ELECTRONIC MEANS.  ALL REGISTRATION FORMS MUST BEAR THE
SIGNATURE OF THE LICENSEE.  CARSOFT WILL NOT PROVIDE AND ACTIVATION CODE IF ACTIVATION REQUEST FORM IS INCOMPLETE OR
ILLEGIBLE.  CARSOFT CANNOT PROVIDE ACTIVATION CODES BY TELEPHONE.
UNDER NO CIRCUMSTANCES WILL A REFUND BE ISSUED IF THE SOFTWARE CD PACKAGES ARE OPENED OR THE SOFTWARE
HAS BEEN INSTALLED, REGISTERED, OR ACTIVATED.  OPENING THE SOFTWARE CD PACKAGES, INSTALLATION OF THE 
SOFTWARE, OR ACTIVATION OF THE SOFTWARE BINDS LICENSEE TO THIS LICENSE AGREEMENT, AND VOIDS ANY CLAIM FOR REFUND.
UNDER NO CIRCUMSTANCES WILL ANY REFUND BE ISSUED AFTER 30 DAYS FROM SHIPMENT FROM CARSOFT OR 
CARSOFT'S LOCAL RESELLER, WHETHER OR NOT SOFTWARE HAS BEEN ACTIVATED.  CARSOFT CANNOT HONOR RETURNS ON BEHALF OF 
CARSOFT RESELLERS. CONTACT THE AUTHORIZED CARSOFT RESELLER FOR A COPY OF THEIR RETURN POLICY.

12. ENTIRE AGREEMENT: This License Agreement constitutes the entire agreement between 
LICENSEE and CARSOFT pertaining to its subject matter. This License Agreement is governed by the 
laws the Untied States of America and the laws of Belgium and is enforceable under international 
law, the laws of the European Union, the laws of the United States of America, or British Law. 
Any litigation arising from this license must be pursued against Carsoft USA Inc. in the Superior 
Court of San Diego, California, USA.  Any litigation arising from this license can be pursued 
against CARSOFT DIAGNOSTIC b.v.b.a. only in the municipal or federal courts located in 
Belgium. Carsoft USA may enforce any and all aspects of this license agreement against 
violators in US Federal Court or in the municipal courts in violator's home state.  It is a Federal 
Crime to illegally copy or distribute this software product punishable by fines and or 
prison sentencing.  CARSOFT DIAGNOSTIC b.v.b.a. may enforce any and all aspects of this 
license agreement against violators in the violator's local court of jurisdiction, if any, or under the 
laws of the European Union, the United States of America, or British Law.  Even if part of the 
agreement is held invalid, the rest of the agreement is still valid, binding and enforceable.

Should LICENSEE have any questions concerning this Agreement, or if LICENSEE desire to contact CARSOFT 
for any reason, please write: 

In Europe, Africa, Asia, or the Middle East:
CARSOFT DIAGNOSTIC b.v.b.a. 
B 3500 Hasselt
Belgium

Or 

In North America, South America, or Caribbean:
Carsoft USA, Inc.
LICENSING Correspondence 
BOX 232088
Encinitas, CA 92023
USA


(c) 1992-2005 CARSOFT DIAGNOSTICS b.v.b.a. (c) 1992-2005 N.V. ADS (c)2002-2005 CARSOFT USA INC. All rights reserved. 
The Software may be protected by Belgian, International, and U.S. patents, with other patents 
pending in the U.S.A., the EU, Japan, and elsewhere. CARSOFT is a registered trademark of 
CARSOFT DIAGNOSTICS b.v.b.a. 

CARSOFT RESERVES THE RIGHT TO MAKE ANY CHANGES THAT IT DEEMS AS 
NECESSARY TO THE INFORMATION IN THIS DOCUMENT, AS WELL AS TECHNICAL 
ASPECTS, CONTENT, FUNCTIONS, AND SPECIFICATIONS.  MATERIAL CHANGES TO 
DOCUMENTATION OR SOFTWARE DOES NOT INVALIDATE THIS LICENSE OR CREATE 
ANY LIABILITY FOR CARSOFT. 

TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

YOU MAY PRINT A COPY THIS AGREEMENT FOR YOUR RECORDS FROM THE FILE "CARSOFTLICENSE.TXT" WHICH IS 
FOUND ON THE ORIGINAL CARSOFT PRODUCT CD ROM.  ADDITIONAL COPIES MAY BE OBTAINED BY WRITTEN REQUEST 
TO THE USA ADDRESS ABOVE.
