End User License Agreement (EULA)
THIS AGREEMENT BEFORE YOU ACCESS SHOPKEY5.COM
& DATA LICENSE AGREEMENT
read the following terms and conditions BEFORE proceeding
with the ShopKey5.com registration process. Registering
your serial number or accessing the ShopKey5.com site covered
by this Agreement indicates your complete and unconditional
acceptance of the terms and conditions of this Agreement.
If you do not agree with these terms and conditions, please
promptly cancel the registration process and return the
instruction booklet to the point of purchase for a full
This Agreement relates to the ShopKey5.com Website and the
related data and software available on that site (collectively
referred to as the "Website") and any accompanying
documentation (the "Documentation"). This Agreement
is between Mitchell Repair Information Company ("MRIC")
and you as an individual ("you").
As consideration for the price paid for the Website, MRIC
grants to you and you acknowledge by opening or using the
Website that you are acquiring a nonexclusive, paid-up,
non-transferable license (the "License") to use
the Website for a period of 12 months in accordance with
the Scope of the Grant. This is not a sale.
The Website and Documentation are covered by copyright,
trade secrets and other intellectual property rights of
MRIC, and MRIC remains the owner of all right, title and
interest in all such rights in the Website and Documentation,
and in any data printed from it. You may not share your
username or password with any other individual or entity
and may not otherwise provide access to the Website to any
other individual or entity. THIS LICENSE IS GRANTED FOR
PERSONAL USE BY YOU AND NOT FOR USE BY A BUSINESS.
SCOPE OF THE GRANT:
Except as otherwise expressly provided herein, you may use
the software on the Website. Except as expressly permitted
herein, you hereby agree not to decompile, disassemble,
or reverse engineer the Website, resell or sublicense the
Website, or reproduce or distribute the Website or the Documentation
or any part thereof, or create derivative works from the
Website or the Documentation.
If you materially breach this Agreement, the license granted
herein shall terminate. You agree that, upon termination
of the License, you will either return to MRIC or destroy
all copies of the Website in your possession or control.
The Website is warranted for ninety (90) days after it is
delivered to you that it will conform with the Documentation.
However, this warranty is void if modifications are made
to the Website. MRIC makes no representation or warranty
that the Website will meet or satisfy your intended use
or requirements. To the extent permissible by law, THE FOREGOING
LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. No employee, agent,
dealer or distributor is authorized to modify this limited
warranty, nor to make any additional warranties. No action
for breach of the above limited warranty may be commenced
more than one (1) year following expiration of the warranty.
IN NO EVENT SHALL MRIC'S
LIABILITY TO ANY PARTY EXCEED THE PURCHASE PRICE OF THE
WEBSITE LICENSE, NOR SHALL MRIC BE LIABLE FOR INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING
FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE
MRIC reserves the right to make changes in rules of
operation, security measures, accessibility, procedures,
types of terminal equipment, types of system equipment,
system programming languages and any other matters relating
to the System and its use, without prior notice.
The provisions of this Agreement are separable and, should
any provision or provisions be found invalid or unenforceable,
the remaining provisions shall remain in force. This Agreement
shall be governed by the internal laws of the State of California.
This written Agreement is the entire and exclusive agreement
between you and MRIC concerning the Website and the Documentation
and its terms may not be changed or modified except by an
instrument in writing duly signed on behalf of both parties.