Copyright © Deka Corporation. All rights reserved. Privacy PolicyFollow ShowMeTheParts on Twitter & Facebook Attention THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, THE END-USER (\"YOU\"), AND MOTOR INFORMATION SYSTEMS, HEARST BUSINESS PUBLISHING, INC. (\"MOTOR\"). IF YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE INDICATE SO AT THE BOTTOM OF THIS AGREEMENT AND YOU WILL BE GIVEN ACCESS TO THE DATABASE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE INDICATE SO AT THE BOTTOM OF THIS AGREEMENT, AND YOU WILL NOT BE GIVEN ACCESS TO THE DATABASE. 1. LICENSE GRANT. MOTOR hereby grants to You a nontransferable, non-exclusive, limited license to access and use the MOTOR Database (\"DATABASE\"), including any updates provided by MOTOR on a vehicle-by-vehicle look-up basis, for vehicle specification reference only with the sale of an East Penn Manufacturing Co. battery, in accordance with the terms and conditions of this Agreement. 2. USER RESTRICTIONS. The Database may only be used at one physical location, on multiple workstations, but may not be used at any other site nor made accessible from any other site via a computer network. You agree that You shall not, and shall not permit others, including but not limited to third parties, to directly or indirectly (i) alter or copy in any form or medium all or any part of the data contained in the Database, nor make such data part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the Database; (iii) use the Database to facilitate the generation of collision repair estimates; (iv) lease, license, sell, or otherwise publish, communicate, distribute or display to third parties in any form or medium all or any part of the Database, (v) create any publications, in electronic, printed or other format, based in whole or in part on data from the Database, alone or in combination with any other data; (vi) download the Database (other than the data obtained on a vehicle-by-vehicle look-up basis) or transmit the Database electronically by any means; (vii) use the Database on multiple computers or at multiple locations unless such use is covered by an individual license for each computer or use; (viii) remove any product identification, copyright, trademark or other notice from the Database or the Documentation; (ix) use any graphics contained in the Database other than as specifically granted in Section 1 above; or (x) reverse engineer, reverse assemble, or reverse compile the Database; (xi) MOTOR in its sole judgement shall be entitled to discontinue providing any OEM proprietary data from the Database in the event it is, for any reason, not available or in the event any OEM imposes commercially unreasonable fees or restrictions on use of such data. 3. OWNERSHIP; CONFIDENTIALITY. You agree that the data contained in the Database contain confidential information, and that MOTOR owns all rights in the Database and the data contained therein, including without limitation all copyright and other proprietary rights. You agree to keep confidential and use your best efforts to prevent and protect the Database from unauthorized disclosure or use. You agree that the confidentiality obligations shall survive termination of this Agreement. 4. DISCLAIMER OF WARRANTIES, LIABILITY. MOTOR FURNISHES THE DATABASE ON AN \"AS IS\" BASIS AND WITHOUT ANY WARRANTY. MOTOR DOES NOT WARRANT THAT USE OF THE DATABASE WILL BE UNINTERRUPTED OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS. MOTOR SPECIFICALLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM OR COURSE OF DEALING AND YOU HEREBY EXPRESSLY WAIVE ANY AND ALL SUCH WARRANTIES. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE DATABASE. UNDER NO CIRCUMSTANCES SHALL MOTOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE DATABASE. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, LOST GOODWILL, LOST PROFITS, LOSS OF DATA, WORK STOPPAGE OR IMPAIRMENT OF OTHER GOODS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BROUGHT, EVEN IF MOTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. 5. TERM; TERMINATION. This Agreement is effective for the period of time set forth in your Agreement with the distributor of the DATABASE, but in no event longer than the term of the agreement between MOTOR and that distributor. MOTOR may terminate this Agreement if You do not comply with any term or condition of this Agreement. Should this Agreement terminate, You agree to destroy any data previously obtained from the DATABASE. 6. MISCELLANEOUS. (a) This Agreement is the complete and exclusive statement between You and MOTOR relating to the subject matter hereof and supersedes all prior oral, written and\/or contemporaneous negotiations, commitments and understandings of the parties. (b) This Agreement shall be governed by the laws of the State of New York without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any state or federal court sitting in New York, New York over any suit, action or proceeding arising out of or relating to this Agreement. (c) No delay or failure by MOTOR to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of MOTOR's right thereafter to exercise or enforce each and every right and provision of this Agreement. (d) If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. (e) This Agreement may only be amended, modified, suspended or canceled by a writing signed by MOTOR. (f) This Agreement may be assigned by MOTOR, but may not be assigned by You.By clicking on one of the buttons below, I acknowledge that I have read and understood the provisions of this End-User License Agreement. Agree