Conditions of Use

Unless the context requires otherwise, terms in these Conditions of Use will have the meanings set out below, and where the context so admits, the singular will include the plural and vice versa (the term "including" when used herein will mean "including without limiting the generality for the foregoing"):

"Affiliate" of any Person means, at the time such determination is made, any other Person Controlling, Controlled by or under common Control with such first Person, in each case, whether directly or indirectly.

"Apple" has the meaning set out in Section 19.

"CARFAX Canada", "we", "us" and "our" have the meaning set out at the beginning of these Conditions of Use.

"Car Care Program" means tool available as a native app and a web experience offered by CARFAX Canada (now described as ‘Car Care’, but may be renamed by CARFAX Canada at its election) providing vehicle owners who elect to participate in the benefits of such tool with, among other features, the ability to track maintenance, registration and recalls, connect with dealer service shops in their area, and browse and leave service reviews.

"Confidential Information" has the meaning set out in Section 13.

"Content" means collectively, all material, content, designs, layout, messages, communications, information, data, images, graphics, pictures, illustrations, artwork, photographs, audio, sounds, music, video, object code, source code hypertext mark-up language, software, names, words, titles, phrases, logos, trademarks, service marks, trade names, and other information contained on, in, as part of, or accessible via, each Offering, including, for greater certainty, information about inventory, listing history, sales history, vehicle condition, vehicle valuation, vehicle history, photographs, location information, badges and emergency alerts or responses, and the “look and feel” of the Offering.

"Control" of a corporation or other entity is held by a Person that possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of such corporation or other entity, whether: (a) by contract; (b) by ownership of securities of the corporation or other entity to which are attached more than 50 percent of the votes that may be cast to elect directors or persons acting in a similar capacity of the corporation or other entity are held, other than by way of security only, by or for the benefit of such Person; or (c) otherwise, and "Controlled" and "Controlling" have corresponding meanings.

"Documentation" means any documentation in any form whatsoever, including any reports, records, written designs, specifications, requirements, user manuals, installation guides, user guides, instructions, description, flow charts, process maps, drawings or plans provided or made available on, in, via or as part of, any Offering.

"Feedback" has the meaning set out in Section 9.

"Fees" has the meaning set out in Section 12.

"Google" has the meaning set out in Section 19.

"Ideas" means any discoveries, developments, plans, methodologies, designs, research data, trade secrets, improvements to trade secrets, suggestions, documents, proposals, inventions or feedback.

"Intellectual Property Rights" means: (a) any and all proprietary rights provided under: (i) patent law; (ii) copyright law (including moral rights); (iii) trade-mark law; (iv) design patent or industrial design law; or (v) any other statutory provision or common law principle applicable to these Conditions of Use, including trade secret law, which may provide a right in confidential information, ideas, formulae, algorithms, concepts, inventions, processes or know-how generally, or the expression or use of such confidential information, ideas, formulae, algorithms, concepts, inventions, processes or know-how; and (b) any and all applications, registrations, licences, sublicences, agreements or any other evidence of a right in any of the foregoing.

"Licence" has the meaning set out in Section 5.

"Offerings" has the meaning set out at the beginning of these Conditions of Use.

"Privacy Statement" has the meaning set out at the beginning of these Conditions of Use.

"Product" means any Software, Documentation, or product, including a vehicle history report and a vehicle valuation report, distributed or made available to you directly or indirectly by CARFAX Canada, in any manner or format whatsoever, including via a Service.

"Roof Top" means a single physical place of business and does not include other physical, virtual or electronic locations under similar or identical direct or indirect ownership.

"Service" means any service, online application or tool provided or made available to you directly or indirectly by CARFAX Canada, in any manner or format whatsoever, including (i) via the Website or any webservice provided by CARFAX Canada; or (ii) the benefits available to participants in the Car Care Program.

"Software" means any computer or mobile device application, program, firmware, routine, code, instruction, script, macro, application programming or other interface, tool, document display definition, object library or software tool, or other instruction or set of instructions for hardware, whether in source code or object code and whether expressed in any or all languages including embedded programs (including, for greater certainty, web browser extensions) and human interfaces, SQL and other query languages, hypertext mark-up language and other computer mark-up languages, and all updates, enhancements and upgrades thereto, provided or made available to you directly or indirectly by CARFAX Canada, including the CARFAX Canada Mobile-Dealer application for iOS, the CARFAX Canada Mobile Vehicle History Reports application for the Android operating system and the operating system for Blackberry mobile devices, and the CARFAX Canada RECON application for iOS and the Android operating system.

"Territories" has the meaning set out in Section 4.

"Third Party Websites" has the meaning set out in Section 10.

"UCITA" has the meaning set out in Section 15.

"Usage Rules" has the meaning set out in Section 19.

"Website" means the website at www.carfax.ca and all related webpages, in each case including through their generally available interfaces or any derivative or affiliate website, web page(s) or referred website(s) therefrom.

"use" and "using" have the meaning set out at the beginning of these Conditions of Use.

"you" and "your" means the individual using of any of our Offerings, or the entity on whose behalf such individual is using any of our Offerings, as applicable.

The Offerings are available only to individuals who are at least 18 years of age and have otherwise achieved the age of majority in the applicable jurisdiction so as to be able to legally agree to these Conditions of Use. You represent and warrant to CARFAX Canada that all registration and other information you submit or provide to CARFAX Canada, including via the Website or any Service or any other means, is accurate and truthful, and that you have the rights to provide such information to us. You agree that CARFAX Canada may, in its sole discretion, refuse to offer any Offering to any person or entity at any time for any reason whatsoever. This provision is void where prohibited by law and the right to use the Offerings is revoked in such jurisdictions.

At CARFAX Canada, we are committed to protecting your privacy. For more information about how we collect, use and protect your personal information, please review our Privacy Policy, which may be accessed online at https://carfax.ca/about-carfax/privacy-legal/privacy-policy.

The Offerings are intended for use only in the United States and Canada (collectively, the "Territories"). CARFAX Canada may change the Territories at any time by updating these Conditions of Use and posting the updated version of these Conditions of Use on the internet site, which posting will be deemed to be notice of such change.

The Offering that has been provided or made available to you directly or indirectly by CARFAX Canada is licensed and not sold to you. Unless otherwise stated in this Section 5 and subject to your compliance at all times with all applicable laws and these Conditions of Use, we hereby grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence (the "Licence") to use the Offering solely for and in accordance with the purposes applicable to such Offering that are set out in the Documentation applicable to such Offering or as otherwise instructed or directed by us.

In the case of the Website, the Licence granted to you is limited solely to purposes of becoming informed about CARFAX Canada and the services we offer, and to submit inquires to us. Unless otherwise agreed in writing, the Website may be used only through our generally available interfaces.

In the case of any online application or webservice provided by CARFAX Canada, the Licence granted to you is limited solely to the purposes of using the online application or webservice to request and receive vehicle history reports or any other information or data provided by CARFAX Canada.

In the case of the Car Care Program, the Licence granted to you is limited solely for purposes of becoming informed about CARFAX Canada and the opportunities and other information made available to you as a participant in the Car Care Program.

In the case of vehicle history reports and vehicle valuation reports, the Licence granted to you is limited solely to purposes of evaluating information about used motor vehicles: (a) that you own, lease or otherwise have an insurable interest in; (b) that you are considering marketing, trading in, purchasing, leasing or offering for trade-in, purchase or lease; or (c) in connection with insurance underwriting and claims adjustment and processing.

You agree that we may revoke the Licence at any time with or without any reason, and the Licence will be automatically with immediate effect upon any breach by you of any term or condition of these Conditions of Use.

You agree that you are responsible for all of your activities and the activities of those on whose behalf you have agreed to these Conditions of Use, while using any Offering.

The Software may include functionality to automatically check for changes, updates or upgrades to the Software. You hereby agree that CARFAX Canada may make such changes, updates or upgrades available to you from time to time. Such changes, updates or upgrades will be subject to the terms of these Conditions of Use, unless the Software is expressly provided to you pursuant to different or additional written terms and conditions, in which case, those different or additional terms and conditions (which may include the payment of additional fees), will apply.

If you (i) have been a participant, enrollee, subscriber (or similar) in a service or program substantially similar to the Car Care Program operated by an Affiliate of CARFAX Canada; and (ii) have consented to continuing your participation in such service or program as part of the Car Care Program provided by CARFAX Canada, you also understand and consent that certain offers and other notifications originating from your participation in such other service may, at the election of CARFAX Canada and the relevant Affiliate, be made available to you as part the Car Care Program.

You hereby acknowledge and agree that CARFAX Canada expressly reserves and owns all rights, including Intellectual Property Rights, and title to, and interest in, the Offerings, Content and all other materials provided or made accessible by CARFAX Canada hereunder not expressly granted to you. All rights, including Intellectual Property Rights, and title to and interest in, the Offerings, Content and all other materials provided or made accessible by CARFAX Canada hereunder, and all updates, adaptations, translations, customizations, enhancements or derivative works thereof, will remain with CARFAX Canada. You acquire absolutely no rights or licences to any Offering or Content other than the limited right to use the Offering that has been provided or made available to you directly or indirectly by CARFAX Canada, in accordance with these Conditions of Use. The Offering is licensed and not sold to you. Logos, trademarks and product and company names mentioned on the Website may be the logos and trademarks of their respective owners.

CARFAX Canada does not guarantee the confidentiality of any communications made by you to CARFAX Canada or any other information transmitted by you to CARFAX Canada, including communications made by email or information transmitted through or in your use of any Offering. We may retain a copy of any such communications for the purpose of and to the extent necessary for us to comply with applicable legal, regulatory and reasonably internal backup or archival purposes and requirements.

By submitting ideas, suggestions, documents, proposals, material, content, graphics, illustrations, photographs, audio, sounds, music, video, messages, communications, artwork, data, information and/or images (collectively, "Feedback") to CARFAX Canada, including via the Website or a Service, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) CARFAX Canada is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) you grant CARFAX Canada and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully-paid up, unlimited, sublicensable and non-exclusive licence and right to receive, use, disclose, reproduce, adapt, merge or aggregate with other information or data, modify, translate, publish, publicly perform, make available, publicly display, store, handle, reproduce, display, sell, transfer, transmit and otherwise use such Feedback for any purpose, in any manner, in any media and format; (d) CARFAX Canada may have something similar to the Feedback already under consideration or in development; (e) you irrevocably waive your moral rights in and to such Feedback and assign to CARFAX Canada all rights in and to your Feedback in perpetuity; (f) you are not entitled to any compensation or reimbursement of any kind from CARFAX Canada under any circumstances; and (g) you represent and warrant to CARFAX Canada, and can demonstrate to CARFAX Canada’s full satisfaction upon request that you have the rights to grant CARFAX Canada the licence described in Section 9(c) above. You specifically and expressly consent to CARFAX Canada providing you with various communications, newsletters, correspondence, alerts, bulletins and other documentation by email, text message or other forms of electronic communication and You hereby confirm that all such communication is accepted and in compliance with: “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act” S.C. 2010, c. 23 ("CASL").

An Offering may permit you to link to or otherwise use the websites or services of third parties (collectively, the "Third Party Websites"). Third Party Websites are not controlled by us. The ability to use Third Party Websites is provided to you for convenience only, and does not imply that we endorse such Third Party Websites. You acknowledge and agree that we are not responsible or liable for such Third Party Websites or any content therein, including, for greater certainty, the accuracy, legality, appropriateness or any other aspect of Third Party Websites. When you use Third Party Websites, you do so at your own risk and under your own discretion, and you acknowledge that the applicable third party’s terms and policies apply, including such third party’s terms of use. We are not responsible for your use of any Third Party Websites, and these Conditions of Use do not grant you any right with respect to Third Party Websites. You further acknowledge and agree that CARFAX Canada and its affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services provided or made available on or through Third Party Websites.

CARFAX Canada has no responsibility for providing you with connectivity to the Internet, wireless access, or any other telecommunications services necessary for you to receive or interact with the Website or Services.

You agree to pay all amounts (collectively, the “Fees”), if any, invoiced to you by CARFAX Canada for the use of a Product, Service or Software, which amounts may be invoiced on a per transaction basis or a subscription basis, and in arrears or in advance. You will pay all Fees within 30 days of the receipt of an invoice for such Fees or as otherwise agreed to in writing by CARFAX Canada. Notwithstanding the foregoing, in the case where you are a retail consumer ordering a vehicle history report through the Website, you will pay all Fees upon delivery of the vehicle history report to you via the Website.

Any discounted or free trial periods are time limited and may be terminated by CARFAX Canada at any time and in its sole discretion, unless otherwise agreed to by CARFAX Canada in writing. CARFAX Canada may provide a discounted or free trial period to you and at the end of the trial period you will notify CARFAX Canada in writing if you do not want to continue receiving the Product or Service. If we do not receive such written notice from you, you will be billed and will pay for the full Fees associated with such Product or Service commencing on the day that the discounted or free trial period ended or terminated, as applicable.

In the course of your use of the Offerings or any part thereof, you may be provided with or have access to certain confidential information of CARFAX Canada or its affiliates, suppliers and licensors. Such confidential information is any information about or related to our Offerings or our business that is not publicly available when you receive it and which we treat as being confidential, whether marked as confidential or not, including market information and analyses, forecasts, trend analysis information, vehicle pricing trend analyses, vehicle sales trend analyses, and other information and analyses derived from or provided through the Website and Services (collectively, "Confidential Information"). You will take any and all steps and precautions that may be reasonably required to maintain the confidentiality of the Confidential Information, and you will not use or disclose or provide access to, or transfer or otherwise make available any Confidential Information to any third party except as expressly permitted under this Section 13. You may disclose Confidential Information only to those employees who have a genuine need to know such Confidential Information in order for you to comply with these Conditions of Use, provided you first ensure that such employees are bound by written confidentiality agreements containing terms equivalent to those contained in this Section 13. Your confidentiality obligations will survive any termination of these Conditions of Use or the Licence.

You acknowledge that your breach or threatened breach of your confidentiality obligations hereunder will cause CARFAX Canada irreparable damage or injury, the exact amount of which cannot be ascertained, and that, for such reason, in addition to any other remedies available to us, we are entitled to proceed immediately to court in order to obtain interim, interlocutory, and final injunctive relief restraining you from breaching, and requiring you to comply with, your obligations under this Section 13, without the need to prove irreparable damage or injury, or post any security. You further acknowledge and agree that the Offerings and Content were developed at considerable time and expense by CARFAX Canada and is confidential to and contains trade-secrets of CARFAX Canada or its licensors.

If you breach any of the provisions of these Conditions of Use, CARFAX Canada may terminate these Conditions of Use, including revoking your Licence to the Offerings and/or suspending your use of one or more Offerings. You will be deemed to be in breach of these Conditions of Use if any Fees remain unpaid more than 30 days following the date payment of such Fees was due. CARFAX Canada will not have any liability to you arising from, in connection with or related to the termination of these Conditions of Use or the suspension of your use of one or more Offerings in accordance with this Section 14. CARFAX Canada may also temporarily suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by CARFAX Canada. Upon the termination of these Conditions of Use, you will cease all use of the Offerings and, if possible, permanently delete all copies of any Products or Content in your possession or control.

THE OFFERINGS AND THE CONTENT ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CARFAX CANADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY OF THE CONTENT. CARFAX CANADA DOES NOT WARRANT THAT THE INSTALLATION OF THE SOFTWARE OR THE USE OF ANY OFFERING WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARFAX CANADA MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO ANY OFFERING OR THE CONTENT AT ANY TIME, OR DISCONTINUE PROVIDING ANY OFFERING OR DISPLAYING ANY CONTENT AT ANY TIME WITH OR WITHOUT NOTICE.

WITHOUT LIMITING ANY OF THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) CARFAX CANADA HAS NO OBLIGATION TO STORE ANY FEEDBACK THAT YOU PROVIDE, INCLUDING VIA ANY OFFERING; (B) THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT ("UCITA") AS ENACTED IN ANY STATE AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY EXCLUDED IN THEIR ENTIRETY FROM APPLICATION TO THESE CONDITIONS OF USE; (C) THE SOFTWARE AND SERVICES ARE NOT SUITABLE FOR USE IN MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS; (D) ANY CLAIM ARISING FROM, IN CONNECTION WITH OR RELATED TO THESE CONDITIONS OF USE, ANY OFFERING OR THE CONTENT MUST BE BROUGHT WITHIN ONE YEAR FOLLOWING THE DATE THAT THE CAUSE OF ACTION UNDERLYING SUCH CLAIM FIRST AROSE. THESE CONDITIONS OF USE APPLY TO YOU AND YOUR SUCCESSORS, AND ALSO CARFAX CANADA AND ITS SUCCESSORS AND ASSIGNS; AND (E) CARFAX CANADA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE CARFAX CANADA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

IN NO EVENT WILL CARFAX CANADA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE FROM, ARE RELATED TO OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, ANY OFFERING OR ANY THIRD PARTY WEBSITES, INCLUDING ANY PRODUCTS OR CONTENT, EVEN IF CARFAX CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY HOLD CARFAX CANADA HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY OFFERING OR THE CONTENT, THIRD PARTY WEBSITES, AND ANY ALLEGED OR ACTUAL VIOLATION BY YOU OF THESE CONDITIONS OF USE.

EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS OF USE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, CARFAX CANADA WILL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU, INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE CONDITIONS OF USE WILL APPLY: (I) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WILL SURVIVE A FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THESE CONDITIONS OF USE OR OF ANY REMEDY CONTAINED HEREIN; AND (II) TO CARFAX CANADA AND ITS AFFILIATES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE CONDITIONS OF USE CONSTITUTE AN ESSENTIAL ELEMENT OF THESE CONDITIONS OF USE AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS, THE FEES AND OTHER TERMS IN THESE CONDITIONS OF USE WOULD BE SUBSTANTIALLY DIFFERENT. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT WILL ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS OF CARFAX CANADA, OR ANY DISTRIBUTORS, SUPPLIERS, INDEPENDENT CONTRACTORS, CUSTOMERS, PARTNERS OR ORGANIZATIONS THAT WORK WITH CARFAX CANADA IN CONNECTION WITH THE OFFERINGS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY AFFILIATES OF CARFAX Canada HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE CONDITIONS OF USE, THE CONTENT OR ANY OFFERING.

In no event will the aggregate liability of CARFAX Canada based upon, arising from, in connection with or related to these Conditions of Use, the Content or the Offerings exceed the Fees, if any, paid by you for that Offering that gave rise to the claim, in the month in which the cause of action underlying such claim first arose.

You will defend, indemnify, and hold harmless CARFAX Canada, its affiliates and each of their respective directors, officers, employees, contractors, suppliers, licensors, representatives and agents from all liabilities, claims, and expenses, including reasonable legal fees, that arise from, are based upon or in connection with, or relate to your use of any one or more Offerings or anyone using your login credentials to one or more Offerings, or any violation or alleged violation by your or anyone using your login credentials of these Conditions of Use.

CARFAX Canada reserves the right at any time and from time to time to change these Conditions of Use and to notify you of such change by posting the updated version of these Conditions of Use on the Website. You are responsible for regularly reviewing these Conditions of Use, including by checking the date of "Last Update" at the beginning of these Conditions of Use. Continued use of any Offering or the Content after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Offering or Content, in whole or in part, constituting consideration from CARFAX Canada to you for so being bound. Your only right with respect to any dissatisfaction with these Conditions of Use, any policy or practice of ours in operating, offering or providing our Offerings or the Content, is to stop using our Offerings and the Content.

Since you may download certain Software from a third party app store, your use of such Software may be governed by usage rules established by the app store provider which relate to your usage of such Software (collectively, the "Usage Rules") in addition to these Conditions of Use. You represent and warrant that you are not prohibited by any applicable laws or Usage Rules from downloading and using such Software. By downloading, installing and using such Software, you acknowledge and agree that: (a) these Conditions of Use are between you and CARFAX Canada, and not with Apple Inc. ("Apple") or Google LLC ("Google"); (b) Apple and Google: (i) are not liable to you in any way whatsoever in relation to such Software, including the distribution, use, performance or non-performance of such Software; and (ii) are third party beneficiaries to these Conditions of Use solely in respect of this Section 19, and will have the right to enforce these Terms of Use against you as a third party beneficiary hereof; and (c) Apple or Google: (A) is not responsible for addressing any claims you may have relating to such Software or your use of such Software, including product liability claims, any claim that such Software fails to conform to any applicable legal or regulatory environment, and claims arising under consumer protection or similar legislation; (B) is not responsible for the investigation, defence, settlement or discharge of any third party claims that such Software or your possession of such Software infringes that third party’s Intellectual Property Rights; and (C) has no obligation whatsoever to furnish any maintenance and support services to you with respect to such Software. By using such Software, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties, and you acknowledge and agree that the Licence to use such Software on an Apple product is limited to a non-transferable licence to use such Software on any Apple-branded product that you own or control and as permitted by Apple’s Usage Rules set forth in the App Store Terms of Service.