End User License Agreement
END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY.
The terms of this End User License Agreement (“EULA”) governs your use of the device and
related Software/applications, and associated upgrades, patches, bug fixes, error corrections,
enhancements, updates and other modifications, together with any data stored on it that is protected
by copyrights and intellectual property rights held by AUTEL, its subsidiaries, affiliates, or
licensors and related services with respect to the diagnostic products (the “Products”) currently
provided or which will be provided by Autel Technology Corp., Ltd., or any one of its subsidiaries
or affiliated companies (collectively referred to as “AUTEL”).
You must have reached the age of majority for the legal jurisdiction that you reside in to access
and sign this Agreement.
Please read this Agreement carefully before you use your AUTEL device or download a Software
update covered by this Agreement. Your use of an AUTEL device or download of this Software
update will be deemed as your acceptance of the conditions and restrictions set forth in this
Agreement. Otherwise, please do not use any AUTEL device or download this Software update.
This EULA sets out the basis on which AUTEL makes the Products and its Software available to
Policy”) which can be found on our official website. Depending on your region, you can choose
EULA. By using AUTEL Products and installing or using the Software, You agree to accept and
AUTEL reserves the right to change, modify, add or delete any terms or provisions in this EULA
at any time, in accordance with the procedures described below in Section 9.
1. GRANT OF LICENSE
1.1.Licensed Software under this Agreement refers to: (1) the software components provided
to you with an AUTEL device, including but not limited to the codes as well as other
embedded software, documents, interfaces, content, fonts, and any data stored on it that
is protected under copyright law and owned by AUTEL or its licensors; and (2) any
updates or upgrades to the such licensed Software mentioned in (1).
1.2.This EULA” between You and AUTEL is for the use of the Licensed Software in
connection with the Products.
1.3.AUTEL, (or its licensors), grants to You a non-exclusive, non-transferable, nonsublicensed,
non-commercial license to install and/or use the Licensed Software (in
whole or in part) with and in connection with the use of the Products for the diagnosis,
maintenance, and repair of automobiles and vehicles in connection with Your internal
business operations. Updates, upgrades, patches and modifications may be necessary in
order to be able to continue to use the Licensed Software and the Product on certain
hardware. THIS SOFTWARE IS LICENSED TO YOU, NOT SOLD. The terms of this
EULA will govern any content, materials, or services accessible from or purchased
within the Product and Licensed Software as well as Upgrades provided by AUTEL that
replace or supplement the original Licensed Software, unless such Upgrade is
accompanied by a Custom EULA.
1.4.As applicable, certain parts of the Product may be using third party features, some of
which are managed by third-party providers for which additional terms and/or costs may
1.5.This License confers no title or ownership in the Licensed Software and should not be
construed as a sale of any rights in the Licensed Software or the Product.
2. OWNERSHIP / RESTRICTIONS
2.1. All title, ownership rights and intellectual property rights in and to the Licensed Software
and the Products (including, without limitation, all text, graphics, messages or items of
information, dialogues, slogans, concepts, videos, audio-visual effects, domain names
and any other elements which are part of the Product, individually or in combination)
and any and all copies thereof are owned by AUTEL or its licensors. The intellectual
property rights of the Licensed Software and Products are protected by national and
international laws, copyright treaties and conventions and other laws. This Product may
contain certain thirty party licensed materials and, in that event, AUTEL’s licensors may
protect their rights in the event of any violation of this EULA. Any reproduction or
representation of these licensed materials in any way and for any reason is prohibited
without AUTEL’s prior permission and, if applicable, that of AUTEL’s licensors and
representatives. Except as expressly set forth in this EULA, all rights not granted
hereunder to You are expressly reserved by AUTEL.
2.2. To the maximum extent permitted by law, YOU shall not (a) modify, reverse engineer,
decompile, disassemble, or attempt to derive the source code of the Licensed Software;
(b) rent, lease, loan, sell, sublicense, distribute, transmit, network or otherwise transfer
the Licensed Software access to any third party; (c) make any copy of or otherwise
reproduce or display the Licensed Software (or any browser screens comprising the
Licensed Software user interface); (d) unbundle component parts of the Licensed
Software for separate use; (e) alter, destroy, or remove any proprietary notices or labels
on or embedded in the Licensed Software or the Product; (f) export or re-export the
Licensed Software or Product or any copy of adaptation in violation of any applicable
laws or regulations; and (g) engage in or permit others to engage in activities such as
export of the source code, decode, disable the emulator to bypass vehicle communication
protocols, or attempt to extract the source code or any of the services provided by the
Software, in whole or in part..
2.3. While using the Product, You agree to comply will all applicable laws, rules and
regulations. In all cases, You may only use the Licensed Software according to
anticipated use of the Product. For example, and without limiting AUTEL’s rights to
take action against You, You may not:
2.3.1. create, use, share and/or publish by any means in relation to the Product any
material (text, words, images, sounds, videos, etc.) which would breach a
duty of confidentiality, infringe any intellectual property right or an
individual’s right to privacy or which would incite the committing of an
unlawful act (in particular, piracy, cracking or circulation of counterfeit
2.3.2. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder
the normal functioning of all or part of the Product, or attempt to do any of
2.3.3. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file
and/or similar destructive device or corrupted data in relation to the Product,
and/or organize, participate in or be involved in any way in an attack on
AUTEL’s servers and/or the Product and/or those of its service providers
2.3.4. create, supply or use alternative methods of using the Product;
2.3.5. transmit or communicate any material or content which, in the sole and
exclusive discretion of AUTEL, is believed or deemed offensive, including,
but not limited to, language that is harmful, threatening, unlawful, abusive,
harassing, defamatory, disparaging, obscene, sexually explicit, or racially,
ethnically, or otherwise objectionable;
2.3.6. make inappropriate use of the Product or send untruthful reports to members
of AUTEL’s personnel; or
2.3.7. falsely claim an endorsement in connection with the Product or with
3. CONSENT TO USE OF DATA
3.1. In order to provide You with a better Product experience, adapted services and Product
support, AUTEL may, in accordance with applicable privacy and data protection laws.
collect and store technical information about You, Your device, Your system, application
software, connection and peripherals, as long as it is in a form that does not personally
identify You. Certain data is recorded, archived, analyzed and used to create user
statistics, including but not limited to, technical data and related information about the
vehicles, including make, model, year of manufacture, equipment features, vehicle
identification data, repair, maintenance and wear related data generated during the use
and repair and odometer readings, and system and application software and peripherals.
AUTEL may data collected using the Licensed Software and Product with (a) AUTEL’s
affiliated entities, (b) service providers, vendors, consultants and other partners
performing work on AUTEL’s behalf, (c) third party business partners who YOU have
authorized to share data with and (d) relevant authorities
3.2.Your privacy is very important to AUTEL and AUTEL will not reveal Your personal
data to third parties except when expressly authorized by You to do so or in special
circumstances. AUTEL may be under a duty to disclose or share Your personal data in
order to comply with a legal obligation, or in order to protect AUTEL’s rights and those
of other users and third parties. This includes exchanging information with other
companies and organizations for the purposes of fraud protection and credit risk
reduction. In addition, AUTEL reserves the right to collect, store and use anonymous
data about You. For further information concerning AUTEL’s use of Your personal data,
3.3. AUTEL uses third party analytics tools to collect information concerning Your and other
users’ use of the Product. The information collected may contain the following, without
limitation: mobile device unique identity or other device identifiers and settings, carrier,
operating system, localization information, date and time spent on the Product, statistics,
feature usage, advertising purchase history and other similar information. The analytics
tools may use server log files, web beacons, cookies, tracking pixels and other
technologies to collect said information and may combine the information collected on
other AUTEL Products and services with information collected from other third-party
websites and mobile products and services and with demographic, advertisement, market
and other analytics surveys. Standing alone, this information is not personal data;
however, if AUTEL combines any of this information with personal data, AUTEL will
best efforts to provide You with the links to our partners’ own privacy policies according
to which their tools and technologies are used and when available the link to allow You
to opt-out from their services.
3.4.AUTEL will retain your data only for as long as is necessary to fulfill the purposes set
required or permitted by law. AUTEL will take all appropriate technical and
organizational steps to prevent the unauthorized access or disclosure of your data, but
you are advised that it is important to note that no security measure is completely reliable.
4.1. The term of this EULA begins upon the purchase of the Product and Licensed Software
and continues until this EULA is terminated in accordance with this Section.
4.2. AUTEL may terminate this EULA effectively immediately upon written notice to YOU
if: (a) YOU materially breach any other provision of this EULA and fail to cure within
thirty (30) days after receipt of written notice of the breach, (b) YOU materially breach
any provision of this EULA in a manner that cannot be cured.
4.3. AUTEL may terminate this EULA effective immediately upon written notice to YOU if
YOU become insolvent, admit in writing YOUR inability to pay your debts as they
mature, make an assignment for the benefit of creditors, become subject to control of a
trustee, receiver or similar authority, or become subject to any bankruptcy or insolvency
4.4. Upon termination of this EULA: (a) all licenses to the Licensed Software granted to
YOU under this EULA will immediately end; (b) you must stop all use of the Licensed
Software and return to us or certify destruction of the Licensed Software [and License
Keys (including copies)], and (c) you must return or, if we request, destroy, any of our
or our suppliers’ Confidential Information in your possession or under your control (other
than information that must be retained pursuant to law). Any provision that, by its nature
and context is intended to survive termination or expiration of the EULA, will survive,
including Sections 2 (Ownership / Restrictions, 4 (Termination), 6 (Confidential
Information), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 10 (Jurisdiction
and Dispute Resolution), 11 (Force Majeure), 12 (Severability), 13 (No Waiver), 14
(Entire Agreement). Except as otherwise expressly provided in this EULA or as required
by applicable law or regulation, termination of this EULA will not entitle you to any
refunds, credits, or exchanges.
5. EXPORT CONTROLS
The Product is subject to all applicable export restrictions. You must comply with all export
and import laws and restrictions and regulations of any United States, EEA and foreign
agency or authority relating to the Product and Your use of the Product. The Product may
not be re-exported, downloaded or otherwise exported to, or installed by a national or
resident of, any country to which the United States has embargoed goods, or to anyone on
the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Denial Orders. You represent and warrant that You are
not located in, under the control of, or a national or resident of any such country or on any
6. CONFIDENTIAL INFORMATION
Information exchanged under or in connection with this Agreement will be treated as
confidential if identified as confidential at time of disclosure, or if the circumstances of
disclosure reasonably indicate such information should be treated as confidential.
Confidential information may only be used for the purpose of fulfilling obligations or
exercising rights under or in connection with this Agreement, and shared with employees,
affiliates, agents or contractors with a need to know such information to support that
purpose, who are contractually bound to protect its confidentiality. Confidential
information will be protected using a reasonable degree of care to prevent unauthorized
use or disclosure for three years from date of receipt. These obligations do not cover
information that (i) was known or becomes known to the receiving party without a duty of
confidentiality; (ii) is independently developed by the receiving party; (iii) becomes
publicly available without breach of this Agreement; (iv) is disclosed with the disclosing
party’s prior written consent; or (v) where disclosure is required by law, a court or
government agency. Should the receiving party be required to reveal confidential
information under subpoena, court order or other operation of law, the receiving party will
provide reasonable prior notice to the disclosing party and request a protective order, if
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR
OWN RISK. YOU ACKNOWLEDGE THAT THE LICENSED SOFTWARE IS
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. NEITHER AUTEL, ITS SUBSIDIARIES, LICENSORS, OR AFFILIATES, NOR
THE COPYRIGHT HOLDERS, MAKE ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT
OF THIRD-PARTY RIGHTS. THERE IS NO WARRANTY BY
AUTEL OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE
LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU
ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE
LICENSED SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE
INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
PLEASE NOTE THAT CERTAIN FUNCTIONS OF THE DEVICE REQUIRE YOU TO
BE LOGGED INTO YOUR AUTEL ACCOUNT, AS MANDATED BY LEGAL
REQUIREMENTS, GOVERNMENT REGULATIONS, INDUSTRY ASSOCIATIONS,
AND MOTOR MANUFACTURERS. FOR INSTANCE, CERTAIN MAINTENANCE
FUNCTIONS FOR RENAULT CARS NEED TO BE CONNECTED TO THE
MANUFACTURER’S SECURITY GATEWAY. ADDITIONALLY, THE DEVICE
MUST BE ASSOCIATED WITH YOUR AUTEL ACCOUNT IN ORDER TO ACCESS
ALL FUNCTIONS. FAILURE TO DO SO MAY RESULT IN THE INABILITY TO USE
CERTAIN FUNCTIONS PROPERLY. TO ENSURE DEVICE AND ACCOUNT
SECURITY, WE HAVE IMPLEMENTED A LIMIT OF 5 AUTEL DEVICES WITH
PASSWORD-LESS LOGIN PER AUTEL ACCOUNT. IF YOU ATTEMPT TO USE
YOUR ACCOUNT ON A SIXTH DEVICE, REAL-TIME LOGIN WILL REQUIRE
YOU TO ENTER YOUR ACCOUNT PASSWORD AND OTHER RELEVANT
INFORMATION. PLEASE REST ASSURED THAT WE MAINTAIN STRICT
CONFIDENTIALITY OF YOUR PERSONAL INFORMATION. FOR DETAILED
INFORMATION ON HOW WE PROTECT PERSONAL INFORMATION, PLEASE
IT IS IMPORTANT THAT YOU BE AWARE THAT CERTAIN FUNCTIONS OF THE
DEVICE, SUCH AS MODIFYING THE VIN CODE AND CAR MILEAGE, CAN ONLY
BE USED WHEN REPLACING PARTS OR REPLACING THE ENGINE CONTROL
UNIT (ECU). IF YOU ATTEMPT TO USE THESE FUNCTIONS UNDER OTHER
MAINTENANCE SITUATIONS, YOU WILL BE RESPONSIBLE FOR ANY EGAL
LIABILITY RESULTING FROM SUCH MODIFICATIONS AND POTENTIAL
DAMAGES THAT MAY RESULT.
BASED ON DEVICE AND INFORMATION SECURITY CONSIDERATIONS, IT IS
NECESSARY TO UPGRADE THE DEVICE SYSTEM TO THE LATEST VERSION IN
ORDER TO UTILIZE CERTAIN DIAGNOSTIC SOFTWARE FEATURES. PLEASE
BE ADVISED THAT ANY ATTEMPT TO BYPASS OUR SECURITY POLICY
THROUGH UNAUTHORIZED MEANS DURING THE USAGE PROCESS WILL
RESULT IN POTENTIAL CONSEQUENCES. THESE MEASURES MAY INCLUDE,
BUT ARE NOT LIMITED TO, RESTRICTING YOUR ACCESS TO SPECIFIC PARTS
OF THE DEVICE.
8. LIMITATION OF LIABILITY
8.1. TO THE FULLEST EXTENT OF APPLICABLE LAW, AUTEL SHALL NOT BE
LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE LICENSED
SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DAMAGES
TO PROPERTY, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER FAILURE
OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES
FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR LOST PROFITS OR
PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR THE LICENSED SOFTWARE, WHETHER
ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT
LIABILITY, OR OTHERWISE, WHETHER OR NOT AUTEL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF
APPLICABLE LAW, AUTEL’S LIABILITY FOR ALL DAMAGES SHALL NOT
(EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE
PAID BY YOU FOR USE OF THE LICENSED SOFTWARE AND PRODUCT.
8.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTEL EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL
AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE,
OR THE COURSE OF DEALING BETWEEN THE PARTIES. AUTEL DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN ADDITION, AUTEL DOES NOT WARRANT OR GUARANTEE THAT YOU
WILL BE ABLE TO ACCESS THE LICENSED SOFTWARE AT ALL TIMES. YOU
UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND
OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER
INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO
ACCESS THE SOFTWARE.
8.3.NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY,
YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH AUTEL OR ITS
LICENSORS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE
THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES.
FOR ANY PRODUCT PURCHASED FOR USE THAT WOULD NOT MEET THE
APPLICABLE LEGAL WARRANTIES. AUTEL’S LIABILITY IS LIMITED TO THE
REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS PARTNERS OR
ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE
PRODUCT. IN NO EVENT SHALL AUTEL, ITS AFFILIATES, LICENSORS,
PARTNERS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR
DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO AUTEL FOR
THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR
TO THE TIME YOUR CAUSE OF ACTION AROSE.
9. CHANGES TO THIS EULA OR TO THE PRODUCT
9.1. AUTEL reserves the right, in its sole and absolute discretion, to revise, update, change,
modify, add to, supplement, or delete certain terms of this EULA for security, legal, best
practice or regulatory reasons. Such changes will be effective with or as applicable,
without prior notice to You. You are can checking this EULA periodically for changes.
If any future changes to this EULA are unacceptable to You or cause You to no longer
be in agreement or compliance with this EULA, You may terminate this EULA in
accordance with Section 4 and must immediately discontinue the use of the Product and
Licensed Software and destroy all copies of the Licensed Software. Your continued use
of the Product following any revision to this EULA constitutes Your complete and
irrevocable acceptance of any and all such changes.
9.2. AUTEL may modify the Product for any reason or without any specific reason, at any
time and at its entire discretion, in particular for technical reasons such as updates,
maintenance operations and/or resets to improve and/or optimize the Product. You agree
that the Product may install or download the modifications automatically. You agree that
AUTEL may stop the support of previous versions of the Product upon availability of an
updated version. AUTEL’s partners and associated service providers shall have no
obligation to furnish any maintenance or customer support with respect to the Product.
10. JURISDICTION AND DISPUTE RESOLUTION
10.1. For countries in Americas: To the extent permitted by applicable law, this EULA,
and any disputes or claims arising out of or in connection with it, or its subject matter or
formation (including non-contractual disputes or claims) are governed by and construed
in accordance with the laws of the United States and the State of New York, without
giving effect to any principles of conflicts of laws.
For any dispute that is not resolved or arbitrated under Section 10.1 of this EULA, it is
hereby agreed that any action at law or in equity arising under this EULA shall be finally
adjudicated or determined in any court or courts of the State of New York, or of the
United States of America, in New York County, and the parties hereto hereby submit
generally and unconditionally to the personal and exclusive jurisdiction and venue of
these courts in respect to any such matter and consent to service of process by any means
authorized by New York law.
10.2. For all other countries: To the extent permitted by applicable law, this EULA, and
any disputes or claims arising out of or in connection with it, or its subject matter or
formation (including non-contractual disputes or claims) are governed by and construed
in accordance with the laws of the People Republic of China, without giving effect to
any principles of conflicts of laws.
All disputes arising out of or in connection with this Agreement shall be submitted to the
Court of Arbitration of the Singapore International Arbitration Centre (“SIAC”) for final
adjudication by three (3) arbitrators appointed under the Singapore International
Arbitration Centre (“SIAC Rules”) in accordance with those Rules. The seat of the
arbitration shall be conducted in Singapore unless you and AUTEL agree in writing to
conduct the arbitration in another location.
10.3. All claims you bring against AUTEL must be resolved in accordance with this
Section 10. All claims filed or brought contrary to this Section shall be considered
improperly filed and a breach of this EULA.
11. FORCE MAJEURE
Except for payment obligations, neither party will be responsible for failure to perform its
obligations due to an event or circumstances beyond its reasonable control.
If any court of competent jurisdiction or competent authority finds that any provision of
this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the
extent required, be deemed to be deleted, and the validity and enforceability of the other
provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal
provision of this EULA would be valid, enforceable and legal if some part of it were
deleted, the provision shall apply with the minimum modification necessary to make it
legal, valid and enforceable to reflect AUTEL’s initial intentions.
13. NO WAIVER
No failure or delay by AUTEL (or its licensors) to exercise any right or remedy provided
under this EULA or by law shall constitute a waiver of that or any other right or remedy,
nor shall it preclude or restrict the further exercise of that or any other right or remedy. No
single or partial exercise of such right or remedy shall preclude or restrict the further
exercise of that or any other right or remedy. Waiver of a right or remedy may be
considered to have taken place only after signing of a written statement to this effect by
AUTEL or by the User.
14. ENTIRE AGREEMENT
This EULA is the complete agreement between the parties regarding the subject matter of
this EULA and supersedes all prior or contemporaneous communications, understandings
or agreements (whether written or oral).
For any inquiries or concerns regarding this EULA, please refer to the contact information
available on our official website, which may vary depending on your region.
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW.