End User License Agreement

OVERVIEW

The following End User License Agreement (the “EULA”), together with the Terms of Use (“TOU”) [https://bowisengineering.com/terms-of-use] and Privacy Policy [https://bowisengineering.com/privacy] are terms of a legal agreement (the “Terms”) between you and Bowis Engineering, LLC (“Owner”), the owner of the CAN-Parse application (the “App”). Owner values its relationship with its customers, so these Terms are provided to ensure clarity in the relationship and ease of making transactions. By doing any of the following:

· Downloading or using the App;

· Purchasing a license to use the App; or

· Accessing or using the website located at https://bowisengineering.com/ website (the “Site”),

you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you agree to the Terms on behalf of an organization, you represent and warrant that you have the legal authority to agree to the Terms on behalf of the organization and to bind the organization to the Terms. If you do not agree to these Terms on behalf of yourself and/or your organization, you may not use the Site or the App (together the “Services”) or do anything that constitutes your agreeing to the Terms.

I. LICENSE TERMS

 

A. When you pay for a subscription to the App, you are purchasing a license to use the App. Owner and its licensors retain copyright, trademark, patent, trade secret, and all other intellectual property rights in and to all materials in the App. When you or your organization purchase a license or otherwise agree to the Terms, Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited, and revocable permission to access and display the App for the purpose of accessing and using the software functions of the App. You are responsible for providing your own hardware, software, and internet connection in order to access and use the Services.

B. The Services may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, reverse engineered, or otherwise used or displayed, or used for the creation of derivative works, without Owner’s prior written consent. You may not attempt to license, sublicense, sell, resell, transfer, assign, otherwise commercially exploit, use as a service bureau, or otherwise use the Services for the benefit of an unauthorized third party.

C. You may use the Services for your benefit, the benefit of your employer, and the benefit of your customers. However, you may not distribute the App to a third party, nor may you charge for a third party to access the App.

D. You may not use the App for any product that Owner has not designated as compatible with the App.

E. Owner and its licensors reserve all rights not expressly granted to you in these Terms.

F. These permissions are conditioned on your not modifying the content displayed within the Services, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth within the Services. 

G. You may not use the Services in a manner that violates any local, state, national, foreign, or international statute. 

H. You acknowledge that the Services may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

I. Your failure to comply with any terms, conditions, and notices displayed within or in connection with the Services will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Owner does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

J. Owner expressly reserves the right to terminate your subscription and revoke the licenses granted in these Terms at any time for any reason.

K. You are solely responsible for your own use of the App and the Services, and you will not hold Owner responsible for any consequences of or damages caused by your use of the App and the Services.

 

II. INTELLECTUAL PROPERTY AND YOUR DATA

 

A. The software in the App and any content in the App or the Services (besides User Data and Third-Party IP as defined below) belongs to Owner and its licensors. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Owner or its licensors own a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Owner intellectual property, in whole or in part.

B. If you choose to provide any suggestions, ideas, enhancement requests, feedback, or recommendations (“Suggestions”) to Owner regarding the App or the Services, you grant Owner an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, sell, offer for sale, exploit, use, authorize others to use, sublicense, reduce to practice, and otherwise freely use such Suggestions.

C. The Bowis Engineering name, the CAN-Parse name, and [No other marks right now] are trademarks of Owner. These, along with any other trademarks, service marks and logos used and displayed within the Services are trademarks of Owner. Fair use of Owner’s trademarks requires proper acknowledgment.

D. You can use the Services to monitor Controller Area Network (CAN) data regarding internal networking traffic in automobiles. Optionally, you can create recordings of the traffic data and save them along with the date and test number. These recordings can be kept on the mobile device you are using the App on, and you can send these files by e-mail to others. These recordings, along with all other CAN data accessed through the App, are the “User Data.”

E. As between you and Owner, you are the owner of your User Data, and you retain all right, title, and interest in and to Your Data. You grant Owner any licenses and rights necessary to provide the Services and for the App to function. Owner will not use the User Data in any way other than to provide the App and the Services, and Owner does not have and does not want any access to User Data.

F. The Services integrate information and technology from third parties that are not owned by Owner (the “Third-Party IP”). The Third-Party IP includes:

a. The Qt framework under the terms of the GNU Lesser General Public License v. 3 ("LGPL"). Qt is copyright by The Qt Company and/or its subsidiary(-ies) and other contributors. For additional information regarding these open-source elements, please see [LGPL Page].

b. The SAE J1939TM Standard - Recommended Practice for a Serial Control and Communications Vehicle Network, which the Services make use of in order to read and interpret the CAN data. You can learn more about the SAE J1939 Standard on the SAE International website.

 

III. SUPPORT AND SERVICE LEVELS

 

A. [do you want to make a service level commitment? If not, we’ll delete this paragraph].

B. The App is provided to you a machine-readable format, together with installation instructions and user documentation. Installation instructions and user documentation may be provided in electronic format only.

C. Additional customer support, if required, is available during Owner’s regular business hours of 8 a.m. to 5 p.m. Central time by contacting support@bowisengineering.com. Owner will respond to all inquiries within [I don’t want to give an explicit time commitment for when to respond to service requests, as a one-man operation, it would be too easy for something to slip through the cracks].

 

IV. PRICES AND PAYMENTS

 

A. The prices displayed for the App on the Site [CAN-Parse] are quoted in U.S. dollars and are valid and effective only in U.S. dollars .

B. If a license is quoted at an incorrect price due to typographical error or error in pricing information: 1) Owner has the right to refuse or cancel any orders placed for the license quoted at the incorrect price, even if Owner has confirmed the receipt of your order and charged your credit or debit card; and 2) if Owner has charged your credit or debit card but subsequently canceled your order, Owner will promptly issue a credit to your credit or debit card account for the amount charged. You are responsible for taxes, if any, for each license purchase you make for the App. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.

C. Owner may update pricing at any time in its sole discretion.

 

V. TERM; CANCELLATION

 

A. Your license to use the App and the Services lasts for one (1) year.

B. You may cancel your license at any time, to be effective as of the end of the then-current license year. 

C. Owner may cancel your license at any time for breach of these Terms, including but not limited to breach of the obligation to make timely payments and intellectual property violations.

 

VI. WARRANTIES

 

A. Each party represents and warrants to the other that it has the legal authority to enter into these Terms.

B. You represent and warrant that you have the legal authority to enter User Data into the App and the Services, and that you have the legal right to grant all licenses to User Data granted to Owner in these Terms.

 

VII. DISCLAIMER OF FURTHER WARRANTY

 

A. EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS, USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. OWNER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, OR THAT THE SERVICES WILL BE BUG-FREE OR ERROR-FREE. WITHOUT LIMITATION, OWNER MAKES NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. 

B. YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

VIII. LIMITATION OF LIABILITY

 

A. IN NO EVENT WILL OWNER BE LIABLE TO ANY PARTY FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, ECONOMIC, COVER, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICES OR ANY USE OF THE SERVICES, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SERVICES, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. 

B. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH JURISDICTIONS, OWNER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE YEAR PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

 

IX. INDEMNIFICATION

 

A. You agree to indemnify and hold harmless Owner, its officers and employees, its subsidiaries and affiliates, and their officers and employees, from any damages, claims, liabilities, and costs, including reasonable attorney's fees, or losses of any kind or nature whatsoever which may in any way arise from your use or misuse of the App or the Services, your violation of any law or regulation, your willful misconduct, any other party’s access to the App or the Services using your account credentials, any breach or alleged breach of the Terms by you, or any Submission (as defined in the TOU) you make to Owner. Owner shall retain control over the defense of, and any resolution or settlement relating to, such loss. You will cooperate with Owner and provide reasonable assistance in defending any such claim.

 

X. DISPUTES

 

A. You agree that any claim or controversy arising out of or relating to the Services, or to any acts or omissions for which you may contend Owner is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration. The arbitration shall be venued in Minneapolis, Minnesota, and shall apply the laws of the State of Minnesota, excluding its conflicts of laws provisions. Arbitration will be conducted under the rules of the American Arbitration Association ("AAA"). The parties will jointly agree upon a neutral arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

B. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND OWNER WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Services and by purchasing a license under the Terms, you consent to these restrictions.

C. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Owner, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Hennepin County, Minnesota. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

D. If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

 

XI. AMENDMENTS

 

A. This Agreement may be modified only in writing by an authorized officer of Owner. This is the entire agreement between you and Owner relating to the Services. It supersedes any prior representations, discussions, undertakings, end user agreements, communications, or advertising relating to the Services.