End User License Agreement for Diagnostics Download Manager Software (EULA)

IMPORTANT: READ THIS ENTIRE AGREEMENT CAREFULLY. THIS IS A LEGAL

DOCUMENT UNDER WHICH YOU HAVE CERTAIN LEGAL RIGHTS AND
OBLIGATIONS.

By downloading or installing the Software you enter into an Agreement on the free use of the
Diagnostics Download Manager software (hereinafter: "Software") with Robert Bosch GmbH, PO
Box 10 60 50, 70049 Stuttgart (hereinafter: "Bosch"). By the download or installation of the Software
you declare that you agree to the following terms and conditions.

The description of the Software and its functionalities is provided in the functional description which
is available at http://www.downloads.bosch-automotive.com/de/ddm/esi20

The use of the Software requires a valid ESI[tronic] customer number and password.

1. Rights of Use

By this Agreement you are being granted the following rights of use to the Software. By downloading
or installing the Software, Bosch grants you the limited, non-transferable, non-exclusive right of use
on a device that you own or possess on which the Software is executable in accordance with the
system requirements which you can inspect prior to agreeing to these terms and conditions.

You may not copy the Software, other than once in the process of downloading or installing the
Software or downloading updates, and once for back-up purposes.

You may not distribute the Software or otherwise transfer it to third parties (including by rent, lease,
loan or sub-licensing).

You may not edit, change, reverse engineer, decompile, disassemble or otherwise attempt to discover
the source code or algorithms of the Software or parts thereof (except and only to the extent that such
activity is expressly permitted by applicable law not withstanding this limitation), or to establish the
source code in any other way or to make derived works from the Software.

The foregoing terms also apply to all updates/upgrades and program supplements for the Software that
Bosch makes available, at its sole discretion, for you to download, except insofar as they form the
subject matter of a separate agreement. In this case solely the terms applying to the respective
update/upgrade or program supplement shall apply.

Bosch reserves all rights not expressly granted to you in this Agreement. The Software is protected by
copyright and other intellectual property laws and treaties. Bosch or its suppliers own the title,
copyright and other intellectual property rights in the Software. The Software is licensed, not sold.

The Software includes open source software components. You have the right to use the open source
software components to the extent described in section 1 of these terms and conditions of the license.
Any use in excess of this (e.g. transfer of the open source software components to third parties, editing
the open source software components beyond the extent set forth in section 1) is permissible if you
agree to the Open Source Software License Terms and thus acquire more far-reaching rights directly
from the respective licensor of the open source software components.
The current list of the open source software components and the Open Source Software-License Terms
respectively applicable are available at the Diagnostic Download Manager help chapter or shall be
provided on request prior to conclusion of this Agreement.

This Agreement is effective until terminated. Your rights under this Agreement will terminate
automatically without notice from Bosch if you fail to comply with any of the terms and conditions of
this Agreement. Upon termination of this Agreement, you must cease all use of the Software and
destroy all copies, full or partial, of the Software.

2. Collaboration Duties

When using the Software, you must comply with the duty of care necessary for use and examine the
results generated by the Software to an appropriate extent prior to the use thereof. Furthermore, you
are obliged to back-up your data on a regular basis in order to ensure that the data can be recovered in
the event of loss.

3. Warranty, Liability

THE SOFTWARE IS PROVIDED AND LICENSED “AS IS”, WITHOUT REPRESENTATIONS OR

WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, BOSCH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS AND
WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA
ACCURACY WITH REGARD TO THE SOFTWARE; AND
ANY AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED,
REGARDING THE CONTENTS, PERFORMANCE, OR RESULTS OF USE OF THE SOFTWARE,
OR THAT THE SOFTWARE WILL BE ERROR OR VIRUS FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

BOSCH BE LIABLE FOR ANY CLAIM OF ANY KIND, OR FOR ANY DAMAGES OR INJURY
OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY ACTUAL, DIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES, DAMAGES OR
INJURY BASED ON ANY THIRD PARTY CLAIMS OF ANY KIND, OR FROM ANY LOSS OF
BUSINESS, REVENUE, PROFITS, SAVINGS, BUSINESS INTERRUPTION, PROGRAM
ERRORS, UNAVAILABILITY OR INTERRUPTION OF OPERATIONS, LOSS OF ANY DATA OR
BUSINESS INFORMATION, LOSS OF PROGRAMS OR EQUIPMENT, OR ANY OTHER LOSS)
ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF BOSCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.

BOSCH’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AGAINST BOSCH UNDER
THIS AGREEMENT OR RELATING TO THE USE OF THE SOFTWARE SHALL NOT EXCEED
$100.

4. Transfer/Assignment

Any other transfer of the rights of use requires our explicit prior written consent. In addition,
transferability can be excluded by means of technical locks set by the provider distributing the
Software.
5. Support

You have no entitlement to the provision of support services such as updates or advice outside the
scope of the right of warranty.

6. Applicable Law, Jurisdiction.

This Agreement is governed by and construed in accordance with the laws of the State of Illinois,
without reference to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of
the state and federal courts located in the State of Illinois for any disputes arising out of or related to
this Agreement. The applicability of the United Nations Convention On Contracts For The
International Sale Of Goods, 1980 (CISG) is expressly excluded.Miscellaneous.

If any term of this Agreement is found to be invalid or unenforcedable, the remainng provisions will
remain effective and such term shall be replaced with a term consistent with the purpose and intent of
this Agreement. However, if in Bosch’s opinion the severance of such provision would frustrate the
purpose of this Agreement, then Bosch may terminate this Agreement.

The waiver of any particular breach or of any particular act or omission of noncompliance with any
requirement of this Agreement shall not constitute a waiver of any other breach or act or omission of
noncompliance with any requirement of this Agreement.

This Agreement contains the entire agreement between You and Bosch relating to the Software and
supersedes all prior or contemporaneous written or oral representations, warranties, communications,
proposals, or agreements relating to the Software. No attempt to modify the terms of this Agreement
by you shall be binding upon Bosch unless it is in writing signed by an authorized representative of
Bosch.

If any problems occur when using the Software, additional information is available at:
http://www.downloads.bosch-automotive.com/de/ddm/esi20

Version: March 2017