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END-USER LICENSE AGREEMENT
END-USER LICENSE AGREEMENT
This END USER LICENSE AGREEMENT ("Agreement") is a binding legal contract between you or the entity you represent ("END USER") and CNH Industrial America LLC and its affiliates, related ENTITIES AND SUPPLIERS ("LICENSOR").
If END USER representS an entity, end user agrees that IT HAS the ability to bind such entity to this Agreement. In order to use the ADOBE SOFTWARE, end user must first agree to this Agreement with LICENSOR. END USER may not use the adobe software if END USER DOES NOT accept this Agreement. By clicking "I accept", downloading, or using OR ACCESSING the ADOBE SOFTWARE, END USER IS providing ITS electronic signature and hereby agrees to the terms of this Agreement. IF END USER DOES NOT AGREE TO THIS AGREEMENT: (1) PLEASE DO NOT, AND END USER IS NOT PERMITTED TO, DOWNLOD, USE OR ACCESS THE ADOBE SOFTWARE; AND (2) FOR CLARITY, DO NOT CLICK "I ACCEPT" IN THIS AGREEMENT.
This License Agreement applies to Adobe Software used in CNH Industrial’s Next Generation Parts Catalog.
License Grant. Subject to the terms and conditions of this License Agreement, Licensor grants End-User a nonexclusive, non-transferable and non-sublicensable license to use the Adobe Software in accordance with the applicable documentation. Except as stated above, this License Agreement does not grant End-User any right (whether by license, ownership or otherwise) in or to intellectual property with respect to the Adobe Software. All rights not expressly granted herein are reserved to Licensor and its suppliers
Restrictions. End-User agrees that it shall not, and shall not permit any other person to, (i) duplicate, copy (except for copies made pursuant to Licensor’s prior written approval), modify or otherwise alter, incorporate into other materials or create any derivative work based upon, in any manner whatsoever, in whole or in part, the Adobe Software (or any portion thereof), (ii) separate or uncouple any portions of the Adobe Software, in whole or in part, from any other portions of the Adobe Software, (iii) reverse assemble, reverse engineer, translate, disassemble, decompile or otherwise attempt to create or discover any source code, underlying algorithms, ideas, file formats or programming interfaces of the Adobe Software by any means whatsoever (except solely to the extent that applicable law prohibits reverse engineering restrictions). End-User further agrees not to publish, disclose, display or make accessible, distribute, lease, lend, provide, sell, transfer, assign or otherwise convey, or grant any security interest in, the Adobe Software, in whole or in part, to any person or entity; provided, however, that the foregoing shall not prohibit End-User from installing the Adobe Software on a workstation maintained by End-User solely for the purpose of displaying over the Internet, and allowing users to interact with, the user interface screens included within the Adobe Software. End-User agrees that any and all copies of the Adobe Software that Licensor may permit End-User to make pursuant to Licensor’s prior express written consent shall contain the same proprietary notices which appear on and in the Adobe Software.
Title. Notwithstanding anything to the contrary contained herein, Licensor, its affiliates and suppliers retain all title to, and, except as expressly and unambiguously licensed herein, all rights to the Adobe Software, all copies and derivative works thereof (by whomever produced), all related documentation and materials, and all patent, copyright, trademark, trade secret and other intellectual property rights inherent in or appurtenant to any of the foregoing. End-User may not use any Licensor names, logos or other trademarks without the prior written consent of Licensor.
Termination. This License Agreement is effective until terminated. This License Agreement will terminate automatically without notice if End-User fails to comply with any term or condition of this License Agreement. Licensor may terminate this License Agreement without notice at any time. Upon termination, End-User shall immediately cease all use of the Adobe Software and return to Licensor or destroy all copies of the Adobe Software and all portions thereof and so certify to Licensor. Except for the license granted to End-User in Section 1 above and except as otherwise expressly provided herein, the terms of the License Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies (including, without limitation, equitable relief) will be available whether or not this License Agreement is terminated.
Disclaimer. LICENSOR MAKES NO WARRANTY TO END-USER OR ANY OTHER PERSON OR ENTITY CONCERNING THE ADOBE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR MAKES NO WARRANTY THAT THE ADOBE SOFTWARE WILL MEET END-USER'S REQUIREMENTS, OR THAT END-USER’S USE OF THE ADOBE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LICENSOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ADOBE SOFTWARE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OR CONTAINED IN THE ADOBE SOFTWARE OR THAT DEFECTS IN THE ADOBE SOFTWARE WILL BE CORRECTED.
Export Law Assurances. End-User understands that the Adobe Software is subject to export control laws and regulations. End-User may not download or otherwise export or re-export the Adobe Software or any underlying information or technology except in full compliance with all United States, foreign and other applicable laws and regulations.
Indemnity. End-User agrees to defend, indemnify and hold Licensor harmless against any and all damages, costs, liabilities, expenses and settlement amounts incurred in connection with any suit, claim, or action by any third party against Licensor as a result of negligence, misrepresentation, error, act or omission on the part of End-User or its representatives in utilizing the Adobe Software or arising out of the use of the Adobe Software.
Limitation of Liability. LICENSOR SHALL NOT BE LIABLE TO END-USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE ADOBE SOFTWARE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED VIA USE OF THE ADOBE SOFTWARE, (III) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE ADOBE SOFTWARE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF END-USER'S TRANSMISSIONS OR DATA, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE OR GOODWILL, (V) WORK STOPPAGE IN ANY WAY ARISING OUT OF OR RELATED TO THE ADOBE SOFTWARE OR THIS AGREEMENT, (VI) COMPUTER FAILURE OR MALFUNCTION OR (VII) ANY AND ALL OTHER COMMERCIAL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY TO END-USER OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ADOBE SOFTWARE EXCEED ONE THOUSAND UNITED STATES DOLLARS (US$1,000).
Electronic Signature and Disclosure Consent Notice. End User agrees to the use of electronic documents and records in connection with this Agreement. End User agrees that all such documents and records that Licensor provides to End User electronically satisfy any requirement that these documents and records be in writing. End User may (i) obtain a paper copy of any document or record, (ii) withdraw its consent to the use of electronic documents and records, and (iii) update its contact information, by contacting Licensor. To receive or access electronic documents and records pertaining to this Agreement, End User must have software capable of displaying PDF files. To retain documents and records pertaining to this Agreement, End User must have the software capable of downloading and storing PDF files. End User’s access to this Agreement verifies that its system and device meets the above receipt, access, and retention requirements.
Miscellaneous. Neither this License Agreement nor the license granted herein is assignable or transferable by End-User without the prior written consent of Licensor; any attempt to do so shall be void. Any amendment, waiver, notice, report, approval or consent required or permitted hereunder shall be made in advance in writing and signed by the applicable parties. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. If any provision of this License Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this License Agreement shall otherwise remain in full force and effect. This License Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of New York and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived in its sole discretion by Licensor, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the New York state and federal courts having within their jurisdiction the Borough of Manhattan in the City of New York and both parties consent to the jurisdiction of such courts. The official language for this License Agreement, and of any proceedings and writings amending or interpreting this License Agreement, shall be English. Except as expressly set forth in an agreement executed by End-User and Licensor which incorporates this License Agreement by reference, this License Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this License Agreement.
By placing a checkmark in the box below ("I agree to the license terms and conditions"), you are providing your electronic signature and you agree that you have read this Agreement and agree to be bound by this Agreement.
Click here to download the translated version of the EULA