TERMS OF USE
Virtual Cable, SLU with registered office at 15, Holanda Street, 28521 Madrid, Spain, email info@virtualcable.net and VAT B33987983, hereinafter VirtualCable, as manufacturer of UDS Enterprise, thanks you for using our software.
By downloading, installing or using the UDS Enterprise software, in any of its editions, or any of its components, or any related element, or any part of it ("UDS Enterprise Software"), the user accepts the following conditions of use ("The Terms of Use"). The UDS Enterprise Software , in any of its editions, or any of its components, or any related element, or any part of it are generally referred to in this agreement as "Software".

1. USE OF THE SOFTWARE
Subject to these Terms of Use, VirtualCable grants you a serial number associated with an exclusive, non-transferable support subscription to use the Software distributed under this Agreement for the duration of this Agreement and on a single designated computer. You may make a copy of the Software in a machine-readable format only as a backup. That copy must include all the copyright information included in the original. The subscription, at the sole discretion of VirtualCable, will be for a limited time and is conditional on VirtualCable or authorized distributor receives full payment for the Software but may be revoked as set forth in these Terms of Use. Your rights concerning the Software are limited to those expressly granted in this Section 1. These rights do not cover dissemination or use in the media without executing an independent agreement with VirtualCable that allows you to do so. The VirtualCable Software must not be used in any way that could damage, disable, overburden, or adversely affect VirtualCable services (for example, you cannot use the VirtualCable Software in an automated way). The Software may also not be used in any way that may interfere with the use and enjoyment of VirtualCable services by third parties.
When a subscription is not renewed, the UDS software will not allow its update or apply any patch, the right to receive any type of support will be lost, no new user will be able to be registered within the software itself and the software will stop working.

2. PRIVACY POLICY
Protecting the privacy of our users is essential for VirtualCable. As a condition to download and use the Software, the user accepts the terms of VirtualCable Privacy Policy set out in Cookies and Privacy Policy on our website (https://udsenterprise.com/en/privacy-policy/), which can be updated without prior notice. The information collected by VirtualCable regarding the use of the Software may be stored and processed in Spain and other countries in which VirtualCable or its agents have offices. Likewise, by using the Software, the user gives his consent so that this information can be transferred outside his country. The user acknowledges and agrees that VirtualCable can access, preserve or disclose their account information if it is required by the courts or in good faith that it is reasonably necessary to:
a) Comply with any applicable law, regulation, legal procedure or governmental request;
b) Guarantee compliance with these Terms of Use, including the investigation of potential violations thereof;
c) Detect, prevent or manage fraud or technical or security problems in any other way (including, without limitation, spam filtering);
d) Respond to requests for assistance from users; or,
e) Protect the rights, property or security of VirtualCable and its users.
VirtualCable will not be legally responsible for the exercise or non-exercise of the rights described in these Terms of Use.

3. PROPERTY RIGHTS
The user acknowledges that;
a) The Software contains confidential information and property rights protected among others by applicable intellectual property protection laws; and that
b) VirtualCable owns all rights, titles and interests on the Software and on the software provided through the Software or together with the Software, including, without limitation, all Intellectual Property Rights thereon included herein. "Intellectual property rights" means any right existing at any time subject to the laws of patents, copyright, trade secrets, trademarks and unfair competition and any other property right, and any request, renewal, extension and previous, current and future restoration applied and in force worldwide. The user agrees not to allow, either now or in the future, that third parties;
1. Copy, sell, subscribe, distribute, transfer, modify, adapt, translate, prepare derivative works, decompile, reverse engineer, disassemble, or otherwise attempt to discover the source code of the Software, unless expressly permitted.
2. Take actions to circumvent or void the security or content usage rules provided, implemented, or enforced by any functionality (including, without limitation, digital rights management functionality) contained in the Software.
3. Use the Software to access, copy, transfer, code, or retransmit the content in a manner that violates any law or the rights of third parties.
4. Delete, hide or alter VirtualCable copyright notices and other notices of trademarks or other proprietary rights attached to or contained in the Software or accessible from the Software.

4. AUTOMATIC COMMUNICATIONS
The Software may occasionally communicate with VirtualCable servers to check for updates, check subscription status, and report anonymous licensing and usage compliance data. By installing the Software, the user agrees to request and receive Updates automatically.

5. RESTRICTED RIGHTS
Use, duplication, reproduction, publication, modification, disclosure or transfer of the Software, including technical data and manuals, is restricted by the terms, conditions and clauses Included in these Terms of Use.

6. EXPORT RESTRICTIONS
The Software may be subject to export controls or restrictions from Spain or other countries and territories. The user accepts;
a) Comply with the requirements of the regulatory regulations of the export administration and with all applicable international, national, state, regional and local laws and regulations, including without limitation any applicable use and import restrictions;
b) Do not export or re-export, directly or indirectly, the Software to any country, or any prohibited person or entity.
c) Do not export or re-export the Software to any military entity not approved by the EAR, or to any other entity for military purposes;
d) Not grant any right to the Software, sell it, provide it or distribute it for use in activities related to the creation or distribution of chemical, biological or nuclear weapons or missiles capable of transporting such weapons.

7. COMPLIANCE WITH VIRTUALCABLE LAWS AND POLICIES
The user agrees to comply with all local laws and regulations regarding the download, installation or use of the Software. The user agrees to comply with any applicable directive or regulation that VirtualCable may publish at any time in its sole discretion. As an example, and without limitation, the user agrees that when using the software, WILL NOT:
▪ Defame, insult, harass, stalk, threaten, or otherwise violate the legal rights (such as privacy and publicity rights) of third parties,
▪ Upload, post, email, transmit or otherwise dispose of any inappropriate, defamatory, infringing, obscene or illegal Content,
▪ Upload, post, email, transmit or otherwise dispose of any Content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party, unless the user be the owner of such rights or have the owner's permission to post such Content,
▪ Download any file published by any other user if it is known, or reasonably should be known, that it is not legally possible to distribute it in such a way,
▪ Impersonate the identity of another person or entity, or falsify or eliminate any legal notice, author attribution or other notices, owner designations or similar labels that indicate the origin or source of the software or other material,
▪ Restrict or prohibit any other user from using and enjoying VirtualCable services,
▪ You will use VirtualCable services for any illegal or unauthorized purpose,
▪ Suppress any copyright, trademark or other property rights notices included in the VirtualCable services,
▪ Interfere with or interrupt VirtualCable services, servers or networks connected to VirtualCable services; nor will it disobey any requirement, procedure, directive or regulation of the networks connected to the VirtualCable services,
▪ You will use any robot, spider, site search or recovery application, or any other device to retrieve or index any part of the VirtualCable services, or collect information about users for any unauthorized purpose,
▪ You will send Content that falsely expresses or implies that said Content is sponsored or endorsed by VirtualCable,
▪ Create user accounts by automated means or under false or fraudulent premises,
▪ Encourage or offer instructions about illegal activities or encourage physical harm or injury against any group or individual; neither
▪ It will transmit viruses, worms, defects, Trojan horses or any other type of destructive element.

8. TERMINATION
The user may terminate these Terms of Use at any time by removing the Software in its entirety and permanently. The user's rights will be automatically and immediately terminated without notice by VirtualCable, if the user breaches any provision of these Terms of Use. In such case, the user must immediately remove the Software. To the maximum extent permitted by law, VirtualCable reserves the right to terminate this agreement at any time and for any reason.

9. PERMANENCE
The provisions of Sections 3, 5, 6, 9, 10, 11, 12, 13, 14, and 15 of this agreement will remain in force in the event of termination or expiration of these Terms of Use.

10. INDEMNIFICATION
The user agrees to declare innocent and indemnify VirtualCable and its subsidiaries, affiliates, executives, agents and employees in the event of any claim, demand or legal action caused or related in any way with the user's use of the Software or the violation of these Terms of Use by the user, including any liability or expense arising from any claim, loss, damage, lawsuit, trial, legal and procedural costs of any kind and nature. In this case, VirtualCable will provide the user with written notice of such claims, demands or actions.

11. DISCLAIMER OF WARRANTIES
The user expressly understands and accepts that:
a) Your use of the software is at your own risk and expense. The software is provided "as is" and without warranties of any kind. VirtualCable expressly disclaims, and to the extent permitted by law, all implicit or explicit warranties and conditions of any kind including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and no infringement.
b) VirtualCable does not grant any guarantee
I. That the software will meet the user's requirements.
II. That the software will have no errors or failures.
III. Concerning the security, reliability, punctuality and performance of the software.
IV. That any software errors will be corrected.
c) You make any download or obtain material or data in any other way through the use of the software at your own discretion and risk and will be solely responsible for any damage to your computer system or another device, or for the loss of information that results from downloading that material or information.
d) No part of the software is intended for the operation of nuclear facilities, cardiopulmonary resuscitation systems, emergency communications, air navigation or communication systems, or in air traffic control systems or in any other activity of this type where a software failure can occur in the event of death, personal injury, or serious physical or environmental damage.
e) No advice or information, whether oral or written, obtained from VirtualCable or third parties or through the use of the software grant any guarantee that has not been expressly established in these conditions of use.

12. LIMITATION OF LIABILITIES
The user understands and expressly accepts that VirtualCable will not be responsible for any direct, indirect, incidental, special, derived or punitive damages, including, but not limited to, damages for loss of earnings, customers, use, data and other intangible losses (even if VirtualCable has been warned of the possibility of this damage) resulting from:
(i) Use or inability to use the software.
(ii) Inability to use the software to access content or data.
(iii) Cost to obtain substitute goods or services.
(iv) Unauthorized access or alteration of your transmissions or data.
(v) Any other questions related to the software.
The foregoing limitations will apply regardless of a failure of the essential purpose of any limited legal remedy and to the full extent permitted by law.

13. EXCLUSIONS AND LIMITATIONS
None of the components of this agreement is intended to exclude or limit any condition, warranty, right or liability that cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions, or restrict or exclude liability for loss or damage due to negligence, breach of contract or implied terms, or incidental or consequential damages therefore, only the limitations of sections 11 and 12 above that are under the law in your jurisdiction will apply to you, and VirtualCable liability will be limited to the extent permitted by law.

14. ABSENCE OF THIRD PARTY BENEFICIARIES
The user accepts that, unless expressly stated otherwise in these Terms of Use, there will be no third party beneficiary of these Terms of Use.

15. MISCELLANEOUS PROVISIONS
a) Total agreement. These Terms of Use constitute the entire agreement between the user and VirtualCable regarding the Software and rule the use of the Software, replacing any previous or current agreement between the user and VirtualCable regarding the Software.
b) The applicable law in case of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any issue related to the services of this Portal, will be Spanish law. For the resolution of any conflict that may arise during the visit to the Portal or the use of the services that may be offered, VIRTUALCABLE and the User agree to submit to the Judges and Courts of VirtualCable's registered office.
c) Waiver and separation of terms. The fact that VirtualCable does not exercise or apply any of the rights or provisions of these Terms of Use does not constitute a waiver of said right or provision. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the parties agree that such court should endeavor to consider the parties' intentions as reflected in the provision, and that the other provisions of These Terms of Use will remain in full force and effect.
d) Exemption of rights. The user agrees that, regardless of any statute or law to the contrary, any claim or cause of action resulting from the use of the Software or these Terms of Use or related to them, will be carried out within the term of one (1) year from the appearance of said claim or cause of action or it will prescribe forever.
e) Headings. The section headings in these Terms of Use are used for convenience only and have no legal or contractual effect.

16. THE 3-CLAUSE BSD LICENSE
Specific modules of UDS Enterprise are under the three clause BSD license;
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.