License

You are granted a personal, limited, non-exclusive, non-transferable license to use the eSPECS Online Alignment Data Service “The Service” at a single business location. You agree that you will not: (1) give, rent, loan, resell or distribute your Username/Password to any other person; (2) send downloaded Data, either electronically or by other means, to any other person or business entity; (3) store the Data downloaded from The Service in any file or database system; (4) make the Service available on any network or file-sharing service. Giving your Username/Password to another person, or relaying or otherwise transferring the Data downloaded from The Service, is a violation of this Agreement. You may use Data that you download from The Service to update the specifications data stored in computerized wheel alignment equipment, located and used at the same business address.

Copyright and other laws protect The Service in its entirety. Other than the limited license granted to you in the License section of this agreement, NPC reserves all copyright, patent, trade secret, trade name, trademark, and other proprietary rights related to The Service.

  DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE eSPECS ONLINE ALIGNMENT DATA SERVICE IS PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NPC, IT'S DISTRIBUTORS, DEALERS AND RESELLERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT.

All warranties or guarantees given or made by NPC with respect to the eSPECS service are for the benefit of the original subscriber to the service only and are not transferable, and shall be null and void if user breaches any terms or conditions of this Agreement. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

  LIMITATION OF LIABILITY AND DAMAGES

YOU AGREE NOT TO HOLD NPC LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICE OR THE DATA CONTAINED WITHIN. YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF NPC AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SUBSCRIPTION, AS APPLICABLE, TO NPC OR ITS AUTHORIZED REPRESENTATIVES.

ALL OF THE DATA CONTAINED WITHIN eSPECS HAS BEEN COMPILED WITH EXTREME CARE AND ATTENTION. HOWEVER, DUE TO THE LARGE VOLUME AND NUMERICAL NATURE OF THE DATA, THE POSSIBILITY OF ERRORS, OMISSIONS, OR SUBSEQUENT CHANGES EXISTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NPC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR RELIANCE ON THE DATA PROVDED BY THE SERVICE.

Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between NPC and you. You acknowledge and agree that NPC would not be able to provide this product on an economic basis without such limitations.

  Miscellaneous

This Agreement sets forth NPC's entire liability and your exclusive remedy with respect to The Service, and is a complete statement of the agreement between you and NPC. YOUR LICENSE UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY IF YOU BREACH ANY OF THE TERMS OR CONDITIONS OF THE AGREEMENT, and NPC is entitled to enforce its rights hereunder by an action for damages or by specific performance, injunctive or other equitable relief.

This Agreement does not limit any rights that NPC may have under copyright, trade secret, patent or other laws. The agents, employees, distributors, and resellers of NPC are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on NPC. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Missouri law (without reference to choice of law principles), and applicable federal law.

  SUMMARY

eSPECS IS INTENDED TO PROVIDE WHEEL ALIGNMENT SPECIFICATIONS DATA TO WHEEL ALIGNMENT SERVICE PROFESSIONALS AND OTHERS FOR THE PURPOSE OF PERFORMING A WHEEL ALIGNMENT.  DOWNLOADING DATA FOR OTHER USES, PROVIDING THE DATA TO SECOND PARTIES, EITHER AS A FREE OR PAID SERVICE, OR DOWNLOADING A VOLUME OF DATA DETERMINED BY NPC TO BE UNREASONABLE, OR ANY OTHER MISUSE OF THE SERVICE, WILL RESULT IN TERMINATION OF YOUR SUBSCRIPTION.