This installation package contains additional Blue&Me system software/services. Use the conditions described on the Blue&Me system "User’s Manual" indicated below.
This system contains software that is licensed to
Manufacturer pursuant to a license agreement. Any removal, reproduction,
reverse engineering or other unauthorized use of the software from this
system in violation of the license agreement is strictly prohibited and
may subject you to legal action.
WARNING Hacking the Blue&Me™
device or installing unapproved software may lead to warranty void and
compromises of safety and of the security of stored
information.
END USER LICENSE AGREEMENT (“EULA”)
– You have
acquired a device (“DEVICE”) which includes software licensed by Fiat Auto
S.p.A. from one or more software licensors (“Fiat Auto S.p.A.’s Software
Suppliers”). Such software products, as well as associated media, printed
materials, and “online” or electronic documentation (“SOFTWARE”) are
protected by international intellectual property laws and treaties. The
SOFTWARE is licensed, not sold. All rights reserved.
– IF YOU DO NOT
AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE
OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT FIAT AUTO S.p.A. FOR
INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S).
ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE
YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS
CONSENT).
GRANT OF SOFTWARE LICENSE. THIS EULA GRANTS YOU THE FOLLOWING
LICENSE:
– You may use the SOFTWARE as installed on the
DEVICE.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
– Speech
Recognition. If the SOFTWARE includes speech recognition component(s), you
should understand that speech recognition is an inherently statistical
process and that recognition errors are inherent in the process. Neither
Fiat Auto S.p.A. nor its suppliers shall be liable for any damages arising
out of errors in the speech recognition process.
– Limitations on
Reverse Engineering, Decompilation and Disassembly. You may not reverse
engineer, decompile, or disassemble the SOFTWARE, except and only to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
– Single EULA. The end user
documentation for the DEVICE may contain multiple versions of this EULA,
such as multiple translations and/or multiple media versions (e.g., in the
user documentation and in the software). Even if you receive multiple
versions of the EULA, you are licensed to use only one (1) copy of the
SOFTWARE.
– No Rental. Except as authorized by Fiat Auto S.p.A., you
may not rent, lease, or lend the SOFTWARE.
– SOFTWARE Transfer. You may
permanently transfer all of your rights under this EULA only as part of a
sale or transfer of the DEVICE, provided you retain no copies, you
transfer all of the SOFTWARE (including all component parts, the media and
printed materials, any upgrades, this EULA and, if applicable, the
Certificate(s) of Authenticity), and the recipient agrees to the terms of
this EULA. If the SOFTWARE is an upgrade, any transfer must include all
prior versions of the SOFTWARE.
– Termination. Without prejudice to any
other rights, Fiat Auto S.p.A. or Fiat Auto S.p.A.’s Software Suppliers
may terminate this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must destroy all copies of the
SOFTWARE and all of its component parts.
– Consent to Use of Data. You
agree that Fiat Auto S.p.A.’s Software Suppliers, their affiliates and/or
their designated agent may collect and use technical information gathered
in any manner as part of product support services related to the SOFTWARE.
Fiat Auto S.p.A.’s Software Suppliers, their affiliates and/or their
designated agent may use this information solely to improve their products
or to provide customized services or technologies to you. Fiat Auto
S.p.A.’s Software Suppliers, their affiliates and/or their designated
agent may disclose this information to others, but not in a form that
personally identifies you.
– Internet-Based Services Components. The
SOFTWARE may contain components that enable and facilitate the use of
certain Internet-based services. You acknowledge and agree that Fiat Auto
S.p.A.’s Software Suppliers, their affiliates and/or their designated
agent may automatically check the version of the SOFTWARE and/or its
components that you are utilizing and may provide upgrades or supplements
to the SOFTWARE that may be automatically downloaded to your DEVICE.
–
Additional Software/Services. The SOFTWARE may permit Fiat Auto S.p.A.,
Fiat Auto S.p.A.’s Software Suppliers, their affiliates and/or their
designated agent to provide or make available to you SOFTWARE updates,
supplements, add-on components, or Internet-based services components of
the SOFTWARE after the date you obtain your initial copy of the SOFTWARE
(“Supplemental Components”).
– If Fiat Auto S.p.A. provides or makes
available to you Supplemental Components and no other EULA terms are
provided along with the Supplemental Components, then the terms of this
EULA shall apply.
– If Fiat Auto S.p.A.’s Software Suppliers, their
affiliates and/or their designated agent make available Supplemental
Components, and no other EULA terms are provided, then the terms of this
EULA shall apply, except that the Fiat Auto S.p.A.’s Software Suppliers or
affiliate entity providing the Supplemental Component(s) shall be the
licensor of the Supplemental Component(s).
– Fiat Auto S.p.A., Fiat
Auto S.p.A.’s Software Suppliers, their affiliates and/or their designated
agent reserve the right to discontinue any Internet-based services
provided to you or made available to you through the use of the
SOFTWARE.
– Links to Third Party Sites. The SOFTWARE may provide you
with the ability to link to third party sites through the use of the
SOFTWARE. The third party sites are not under the control of Fiat Auto
S.p.A.’s Software Suppliers, their affiliates and/or their designated
agent. Neither Fiat Auto S.p.A.’s Software Suppliers nor their affiliates
nor their designated agent are responsible for (i) the contents of any
third party sites, any links contained in third party sites, or any
changes or updates to third party sites, or (ii) webcasting or any other
form of transmission received from any third party sites. If the SOFTWARE
provides links to third party sites, those links are provided to you only
as a convenience, and the inclusion of any link does not imply an
endorsement of the third party site by Fiat Auto S.p.A.’s Software
Suppliers, their affiliates and/or their designated agent.
UPGRADES
AND RECOVERY MEDIA
If the SOFTWARE is provided by Fiat Auto S.p.A.
separate from the DEVICE on media such as a ROM chip, CD ROM disk(s) or
via web download or other means, and is labeled “For Upgrade Purposes
Only” you may install one (1) copy of such SOFTWARE onto the DEVICE as a
replacement copy for the existing SOFTWARE, and use it in accordance with
this EULA, including any additional EULA terms accompanying the upgrade
SOFTWARE.
INTELLECTUAL PROPERTY RIGHTS
All title and
intellectual property rights in and to the SOFTWARE (including but not
limited to any images, photographs, animations, video, audio, music, text
and “applets,” incorporated into the SOFTWARE), the accompanying printed
materials, and any copies of the SOFTWARE, are owned by Fiat Auto S.p.A.’s
Software Suppliers, their affiliates or suppliers. The SOFTWARE is
licensed, not sold. You may not copy the printed materials accompanying
the SOFTWARE. All title and intellectual property rights in and to the
content which may be accessed through use of the SOFTWARE is the property
of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA
grants you no rights to use such content. All rights not specifically
granted under this EULA are reserved by Fiat Auto S.p.A.’s Software
Suppliers, their affiliates and suppliers. Use of any on-line services
which may be accessed through the SOFTWARE may be governed by the
respective terms of use relating to such services. If this SOFTWARE
contains documentation that is provided only in electronic form, you may
print one copy of such electronic documentation.
EXPORT
RESTRICTIONS
You acknowledge that the SOFTWARE is subject to U.S. and
European Union export jurisdiction. You agree to comply with all
applicable international and national laws that apply to the SOFTWARE,
including the U.S. Export Administration Regulations, as well as end-user,
end-use and destination restrictions issued by U.S. and other
governments.
TRADEMARKS. This EULA does not grant you any rights in
connection with any trademarks or service marks of Fiat Auto S.p.A., Fiat
Auto S.p.A.’s Software Suppliers, their affiliates or
suppliers.
PRODUCT SUPPORT. Product support for the SOFTWARE is not
provided by Fiat Auto S.p.A.’s Software Suppliers, or their affiliates or
subsidiaries. For product support, please refer to Fiat Auto S.p.A.
support number provided in the documentation for the DEVICE. Should you
have any questions concerning this EULA, or if you desire to contact Fiat
Auto S.p.A. for any other reason, please refer to the address provided in
the documentation for the DEVICE.
No Liability for Certain Damages.
EXCEPT AS PROHIBITED BY LAW, FIAT AUTO S.p.A’S SOFTWARE SUPPLIERS AND
THEIR AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL FIAT AUTO
S.p.A’S SOFTWARE SUPPLIERS AND/OR THEIR AFFILIATES BE LIABLE FOR ANY
AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS
(U.S.$250.00).
FOR APPLICABLE LIMITED WARRANTIES AND SPECIAL
PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO
YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE
SOFTWARE PRINTED MATERIALS.