Terms and Conditions of Use PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE INSTALLING THE AUTODATA SUBSCRIPTION CD. Autodata Limited is a limited company registered in England and Wales under company number 01062727 with its registered office at Priors Way, Maidenhead, Berkshire, SL6 2HP (‘Autodata’). Subscribers are supplied with successive versions of the Autodata Subscription CD which are released at six month intervals and cease operating after approximately eight months. New subscribers are supplied with the version which is current at the time. Access to Autodata Subscription CDs is controlled by an electronic permit activated by entering a Registration Code. The Registration Codes are supplied by Autodata or its authorised agent on a subscription basis and are installed on the PC prior to the start of each subscription period. To be issued with such a code You must install the Autodata Subscription CD, complete the Registration Form and e-mail, fax or mail it to the address stated on the form. By doing so You are agreeing to be bound by these Terms and Conditions of Use (‘Terms and Conditions’) set out below. If You do not agree to these Terms and Conditions, we are unwilling to grant You access to the Autodata Subscription CD. In this case You must return the Autodata Subscription CD (and all accompanying documentation) to Autodata within 7 days of receipt. If You do this Your Subscription Fee will be refunded. 1. DEFINITIONS In these Terms and Conditions of Use: ‘Autodata Subscription CD’ means the software programs and data stored on this Autodata compact disc, all related data stored on this Autodata compact disc, any upgrades or updates to the software programs and data, and any related printed materials; ‘Intellectual Property Rights’ mean any patents, copyright, designs, utility models, trade marks, trade names, domain names, database rights, rights in know-how and confidential information and all other intellectual and industrial property and similar, whether registered or unregistered or analogous rights existing under the laws of any country; ‘Registration Form’ means the registration form completed by You confirming Your details, the Subscription Period and the Subscription Fee payable; where there is any inconsistency between these Terms and Conditions and the Registration Form, the provisions of these Terms and Conditions shall prevail; ‘Subscription Fee’ means the fee agreed between You and Autodata as set out in the Registration Form; and ‘Subscription Period’ means the period for which You have paid the Subscription Fee to access the Autodata Subscription CD as set out in the Registration Form; and ‘You’ means the organisation paying to have access to the Autodata Information, and “Your” will be construed accordingly 2. LICENCE: (a) On receipt of the correctly completed Registration Form and in consideration of (and receipt of) payment by You of the Subscription Fee to Autodata or its authorised agent, Autodata grants You a non-exclusive, non-transferable limited licence to use Autodata Subscription CD for the Subscription Period subject to these Terms and Conditions of Use. (b) Under these Terms and Conditions, You are entitled to: i) a Registration Code to give You access to Autodata Subscription CD; ii) receive the version of Autodata Subscription CD which is current at the time of initial registration or, if different, the start of the Subscription Period; and iii) receive each subsequent version of Autodata Subscription CD which is released prior to the end of each Subscription Period paid for. (c) The licence granted under these Terms and Conditions is for the Subscription Period only and is issued to a single site or address as set out in the Registration Form and covers the installation and use of Autodata Subscription CD on a single personal computer in use at that location including the downloading and use of the software programs and data to the hard disk of that single personal computer. Only You and Your employees are authorised to use the Registration Code given to You in accordance with paragraph 2(a), and You will not (and You will ensure Your employees do not) disclose the Registration Code to any other party. (d) Registration Codes permitting the use of Autodata Subscription CDs on one or more additional personal computers at the location applicable in paragraph 2(c) are issued only at the discretion of Autodata or its authorised agent and may be subject to the payment of additional subscription fees. (e) You will only use the Autodata Subscription CD as a source of reference for the purposes of maintaining and repairing motor vehicles. You may not use, rent, lend, lease, sell, distribute, transmit or otherwise transfer Autodata Subscription CD or any Registration Code or any copy, modification, translation or adaption of Autodata Subscription CD or any Registration Code in whole or in part except as permitted by law or expressly set out in these Terms and Conditions. You may not reverse compile, disassemble, reverse engineer or create derivative works based on all or any portion of Autodata Subscription CD. (f) During the Subscription Period and for a period of 12 months following its termination (for whatsoever reason), You must permit Autodata and its representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises, and to the computer equipment located there, at which the Autodata Subscription CD is (or was) being kept or used, and any records kept pursuant to these Terms and Conditions, for the purpose of ensuring that You are complying with these Terms and Conditions. (g) You shall keep the Autodata Subscription CD secure and the Registration Code and any other access details confidential and will not disclose them to any person not entitled to access the Autodata Subscription CD pursuant to these Terms and Conditions. (h) You shall replace the current version of the Autodata Subscription CD with any updated version or new release provided by Autodata or its authorised agent under these Terms and Conditions immediately on receipt of such version or release. 3. RIGHTS IN AUTODATA SUBSCRIPTION CD (a) All Intellectual Property Rights in Autodata Subscription CD including without limitation the Registration Codes and all copies of Autodata Subscription CD are owned by Autodata Limited and/or its licensors. You shall not have any rights in or to Autodata Subscription CD other than the rights specifically granted under these Terms and Conditions and the Registration Form and all rights not expressly granted to You are reserved by Autodata. (b) The copyright notice included in Autodata Subscription CD must at all times remain an integral part of Autodata Subscription CD and any permitted copy. (c) AUTODATA and the Autodata logo are registered trade marks of Autodata Limited. 4. WARRANTY AND LIABILITY (a) The information contained in Autodata Subscription CD has been compiled by Autodata Limited from information supplied by vehicle and component manufacturers and from the results of tests carried out by Autodata. All reasonable care has been taken to ensure the accuracy of such information. Nevertheless, Autodata shall not be held responsible for the consequences of using information which may prove to be incorrect or to have been misrepresented, or errors that may have inadvertently arisen during its preparation. (b) The information contained in Autodata Subscription CD was compiled for use with vehicles manufactured to European specifications. You should be aware that in countries outside Europe model names and descriptions and the specifications relating to them, may differ from those listed in Autodata Subscription CD. (c) The information contained in Autodata Subscription CD is provided ‘AS IS’ and all conditions or warranties express or implied, statutory or otherwise (including without limitation those pertaining to accuracy, completeness, currency, non- infringement, merchantability or fitness for a particular purpose (whether or not notified) of any product) are hereby excluded. (d) Autodata warrants that the compact discs on which Autodata Subscription CD is provided are free from all defects in materials and workmanship under normal use and shall remain so for a period of 90 days from the date of delivery to You. This warranty is limited to the original purchaser of Autodata Subscription CD only and is not transferable. (e) During the warranty period referred to in paragraph 4(d) above, Autodata will replace any Autodata Subscription CD compact disc not meeting the standards referred to in paragraph 4(d) above which is returned to Autodata with proof of purchase. (f) The warranty in paragraph 4d) does not apply to any version of Autodata Subscription CD which has been damaged as a result of any misuse or alteration of the media on which it is stored by anyone other than Autodata. (g) Except as set out in these Terms and Conditions or as required by law, no other warranties (whether express or implied) are made in respect of Autodata Subscription CD. Nothing in these Terms and Conditions will operate to limit or exclude a party’s liability for death or personal injury resulting from negligence, fraud, or any liability which cannot be excluded by applicable law. (h) Your sole remedy and the entire liability of Autodata are as set out in these Terms and Conditions and in no event shall Autodata be liable to You or any other person for any loss of revenue, loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or any indirect or consequential loss or damages however caused which arise directly or indirectly from the subject matter of these Terms and Conditions. (i) You hereby indemnify and hold harmless Autodata from and against all liability, cost (including legal costs), damage, loss, action, claim or proceedings arising directly or indirectly as a result of any unauthorised use by You (or Your employees or any third party to whom You or Your employees have granted access to the Autodata Subscription CD) of the Autodata Subscription CD. 5. GENERAL (a) You shall not transfer, assign, sub-license or otherwise dispose of these Terms and Conditions, or any of Your rights or obligations arising under it, without the prior written consent of Autodata. (b) In the event that You fail to comply with these Terms and Conditions, Autodata shall be entitled to terminate the licence granted to You under these Terms and Conditions with immediate effect and without notice. (c) On expiry of the Subscription Period (in accordance with paragraph 5(b) or for whatsoever reason), all rights granted to You under these Terms and Conditions will cease. Should You not renew your subscription by expiry of Your current Subscription Period, Your ability to access the contents of the Autodata Subscription CD will cease and You must cease all activities authorised by these Terms and Conditions. (d) If any provision of these Terms and Conditions granted to You is declared void or unenforceable the remaining provisions of these Terms and Conditions shall remain in full force and effect. (e) Nothing in these Terms and Conditions shall be deemed to constitute a partnership between the Parties nor constitute any Party the agent of the other Party. (f) Nothing in these Terms and Conditions are intended to confer any benefit on any third party (whether such benefit would have arisen under the Contracts (Rights of Third Parties) Act 1999 or otherwise) and no term will be enforceable by any third party. (g) No amendment or variation to these Terms and Conditions shall take effect unless it is in writing, signed by authorised representatives of each of the Parties. (h) These Terms and Conditions and the Registration Form constitute the entire agreement between You and Autodata and supersedes any previous arrangement, understanding or agreement between You and Autodata relating to the Autodata Subscription CD. (i) These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have non- exclusive jurisdiction. UK and Europe - CDs released from March 2004.