Terms and Conditions
Please read carefully the following terms and conditions before installing and / or distributing our software! If you do not agree to one ore more of these terms and conditions, you are not allowed to install and/or use the software!
Retraction from Contract
Right of Cancellation
The customer has the right to cancel the contract within a period of two weeks, without stating any reason for the cancellation. The customer has to do this in writing (mail, fax, email) or by returning the product. The two-week period starts at the earliest upon notification of this document. The cancellation or the return of the product has to be sent within this period. The cancellation has to be sent to the Blackeye GmbH.
Result of Cancellation
In case of a successful cancellation, both parties are obligated to compensate each other for their services and (if applicable) benefits (e.g. interest payments). The customer has to compensate for a loss of value if he cannot return the product in full or only in improper condition. This does not apply if the above mentioned condition is due to the examination of the product, similar to an examination of a product in a retail store.
The customer can avoid being held responsible for compensation by not making actual use of the product and by avoiding any activity, which could affect the value of the product in any way.
Products which can be shipped in packages have to be shipped back. The customer has to pay for cost of shipping:
- if the originally delivered product complies with the originally ordered product and the price of the product does not exceed EUR 40.00.
- if at the time of the cancellation the payment for the product was not received in full, or any other part of the contract was not fulfilled at that time.
The customer has to compensate/pay for any potential loss of value of the returned product within 30 days after cancellation of the contract.
End user license agreement (EULA)
concerning the software moDiag (in the following called "software")
Author: Matthias Tieben (in the following called "author")
Last change: 23.08.2007
Please read these information carefully before using the software! With the use of the software you agree to the terms of this license agreement. Please be aware, that this EULA does only belong to the software moDiag professional. Other software like e.g. Microsoft Windows underlie the license agreements of their respective manufacturers.
The user is entitled to evaluate this software for a period of 30 days. In order to use this software after the evaluation priod of 30 days, the user has to buy an activation key from the author or his dealers. The activation key will be generated out of personal and system information of the users computer. The activation key must not be distributed to others by the user. The author will not give any informations of the user to others nor will he gather informations about the user which are not essential for the activation process.
The author hereby grants to the user non-exclusive use of the activated software in accordance with this agreement.
The end user is not entitled to receive support during installation or use of this software! However the author answers questions regarding this software in the forum of http://www.obd-diag.de and via email.
This software was produced with the utmost care. The author does not guarantee that this software is suitable for a certain purpose required by the user. According to the state of technology, software can not be 100% error-free. Due to the majority of different system configurations, malfunctioning of the software can always be possible.
The author shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials.
The author makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
Except for the express warranties stated herein, the software is provided on an "as is" basis, and author disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the software or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. The author makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. The author further expressly disclaims any warranty or representation to authorized Users, or to any third party.
Especially, the author shall not be liable for any kind of damage (direct or indirect) to the user or others, occuring due to the use of this software while driving a car!
Copyright / Distribution
The copyright of this software belongs exclusively to the author. The software may be distributed together with all belonging files and in an unchanged condition. The publication of this version of moDiag express on CD-roms and newspapers is expressly permitted. Publications as "bookware" are only permitted with the written approval of the author.
Manipulation, de-compilation and disassembling of this software and the belonging files will be prosecuted by law.
This agreement shall be interpreted and construed according to, and governed by, the laws of the Federal Republic of Germany, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in the Federal Republic of Germany shall have jurisdiction to hear any dispute under this agreement.
This agreement is subject to change. Therefor only the actual license agreements, which are published on our website are valid. The user of the software is responsible to inform himself about the actual license agreements.
If any provision or provisions of this agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.