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Aggregate Data means de-identified and anonymized sets of data that have been gathered by Infomedia for expressing that information in summary form (for example, price index numbers are aggregated, in contrast to the price of a single commodity). Aggregate Data does not include any information that could be used to identify, or re-identify, You; Your clients or customers; any products, goods, or services provided by You; or any locations in which You do business.
Account Credentials means any combination of the unique login details, and passwords, codes, security dongles, and / or any other similar devices given to You by an Authorized Supplier, which allows You to access the Service online or which permits access to the Service.
Automaker means the original equipment manufacturer entity who is identified at the start-up of the Service, and who is the owner or rightful licensee of the technical information included in the definition of underlying data that forms the Information.
Fees means the subscription price and all other charges agreed to from time to time, and payable to the Authorized Supplier on a monthly in advance basis by You for use of the Service in accordance with Section 6 of this Agreement;
Information means the information pertaining to parts, prices and update information for motor vehicles marketed and distributed by the Automaker, and made available via the Service to You by Infomedia in human and machine readable form from time to time.
Intellectual Property means all trade secrets, patents and patent applications, trademarks (whether registered or unregistered and including any goodwill acquired in such trademarks), service marks, trade names, copyrights, moral rights, rights in Inventions, and all other intellectual property and proprietary rights (whether registered or unregistered, any application for the foregoing, and all rights to enforce the foregoing), and all other equivalent rights that may exist anywhere in the world.
Interface means the proprietary processes and systems developed by Infomedia or any other third party, including but not limited to, software, hardware, specifications, data formats, security codes and other Intellectual Property, allowing for the transfer of data between the Service and any third party system or systems.
User Content means any user notes, information, instructions, or any other form of user generated content, suggestions or enhancements which may be developed, added to or incorporated with the Service by end users.
User Equipment means computer equipment and/or compatible devices, internet access with sufficient bandwidth to use the Service and minimum specifications required to run the Service as displayed here or as separately advised by Infomedia.
2.1 This Agreement commences on your initial use of the Service and continues until the Agreement is terminated pursuant to its terms or by operation of law (Term). Your right to access the Service is subject to the payment of the Fees.
3.3 Suggestions: You agree that if you make any suggested improvements to the Services that You grant Infomedia a nonexclusive, perpetual, irrevocable, royalty free, worldwide license, with rights to transfer, sublicense, sell, use, reproduce, display, and make derivative works of such suggested improvements.
3.4 Your Data: You retain all ownership rights in Your Data, Your Personal Information, and Your Confidential Information, including any Intellectual Property rights therein. Infomedia may use Your Data solely (i) for internal use in order to maintain, evaluate, develop, and improve its Services; (ii) to respond to a support request; (iii) to fulfil its obligations under this Agreement; or (iv) to comply with Applicable Laws. Nothing in the Agreement transfers or conveys to Infomedia any ownership interest in or to Your Data or Your Confidential Information.
3.6 Automaker Copyrights: The underlying data in the Service and/or any Interface provided under this Agreement may contain copyright owned by third party licensors (refer copyright notices) and such licensors will be entitled to enforce this License as an intended third-party beneficiary and the obligations of the licensee cannot be modified or terminated without the written consent of such third-party licensors.
4.1 You must ensure all employees, agents, contractors, representative and/or assigns are competent, trained in the use of the Services and comply with the terms of this Agreement. Some instances and/or features of the Service are suitable for use only by suitably qualified vehicle service technicians and should only be operated by such parties.
4.6 Upon subscribing to the Service, the Authorized Supplier will provide You with Account Credentials allowing You to access the Service using the Account Credentials via Your User Equipment. You acknowledge and accept that You are solely responsible for maintaining the strict confidentiality of Your Account Credentials and for restricting access to Your Account Credentials. You further acknowledge and accept that You will be deemed responsible for any and all activities that occur in connection with Your Account Credentials.
4.7 If You become aware of any unauthorized use of the Service or Your Account Credentials, You must immediately notify the Authorized Supplier by email to le...@infomedia.com.au and co-operate with any investigation conducted by Infomedia.
4.8 Infomedia may, in its sole discretion, monitor, restrict, suspend, limit or alter any Account Credentials which Infomedia reasonably suspects may have been compromised and shall not be liable for any loss or damage caused by unauthorized use of any compromised Account Credentials, or by any inability to use or access the Service.
4.9 You must ensure that You implement appropriate technical, administrative and physical safeguards and security measures designed to prevent any unauthorized access to Your Data, any personal information or any Intellectual Property owned by Infomedia, the Automaker or any third party. This includes without limitation appropriate security measures to prevent unauthorized access to the Services which will be in addition to any security measures implemented by Infomedia.
5.1 Infomedia may offer updates to the Service from time to time, including updates to the data supplied by the Automaker. Infomedia is under no obligation to perform, make or develop any specific enhancements to or customization of the Service.
5.2 Infomedia may provide telephone hot-line and/or email support services during normal business hours in your region. Infomedia may, at its sole discretion, investigate and, to the extent possible, correct any failure of the Service to meet its published specifications, provided that:
5.3 Any replacement, update or modification of any part of the Service shall become part of the Service and Your rights to use such replacement, update or modification shall be governed by the terms of this Agreement. Any reference to the Service in this Agreement shall include all such replacements, updates and modifications from time to time.
7.1 You may terminate this Agreement at any time by sending a notice to le...@infomedia.com.au which will be effective the greater of a) 90 days or b) if you have a current subscription, at the end of that subscription. All outstanding Fees must be paid at the time of termination, including the full amount payable for the balance of the subscription. No refunds will be payable to You for any unused portion of your Fees.
7.5 If this Agreement is terminated Your Account Credentials will be disabled without further notice and You must immediately cease using the Service. Infomedia shall not be liable howsoever arising from the suspension, cancellation or termination of this Agreement or the disabling of Account Credentials.
8.3 You acknowledge and warrant that You have relied on Your own commercial analysis and judgment in selecting the Service and have not relied on any promise, representation, warranty or undertaking made or given by the Authorized Supplier in relation to any results, consequences or benefits to be obtained from the use of the Service.
8.10 Equitable Relief: Each Party acknowledges that damages may be an inadequate remedy if the other Party or the Authorized Users violate the obligations under the Agreement, and each Party shall have the right, in addition to any other rights it may have, to seek injunctive relief without any obligation to post any bond or similar security.
9.1 Neither party shall be liable for any inability to perform its obligations if such inability is due to any cause or event beyond the reasonable control of the affected party, including without limitation acts of war, riots, weather conditions such as storms, floods, electrical power failures) provided that this clause shall not excuse the making of payments as and when they fall due and any obligations pertaining to confidentiality, which must be performed at all times.
11.2 By using Service you may provide us with personal information. This may occur, for example, if we record information about You and the use of the Service, or if you enter information relating to third parties into the Service. Where You provide us with personal information, You must ensure that:
11.5 By using the Service and as part of this Agreement, You consent to the Authorized Supplier using e-mail, fax or other means of communication to provide You with information regarding Service or other services that are in use by You or that might be adopted and implemented by You.
12.2 Any duties, goods and services tax, value added tax, sales tax or any other governmental charge levied in respect of the Service, its delivery or any other goods or services supplied pursuant to this Agreement shall be payable in addition to the Fee payable by You unless You provide exemptions.
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