Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. In the United States of America, criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000. Additionally, other countries may have other civil and criminal penalties that may apply.
License. Subject to these terms and conditions (the “Agreement”), ALLDATA LLC (“ALLDATA”) grants you (“Customer,” “You” or “Your”) a non-exclusive, non-transferable, non-sublicensable license (the “License”) to: (i) use certain ALLDATA software product(s) and, (ii) if applicable, to access ALLDATA’s Tech Assist telephone support services (collectively the “Product”) which have been or may be provided to You by ALLDATA under this Agreement along with accompanying data (the “Data”) and documentation (the “Documentation”). You acknowledge that, as between You and ALLDATA, ALLDATA owns and retains all rights, title and interest in and to the Product, Data and Documentation, including without limitation all copyright, trademark and intellectual property rights therein, and that the only right You have in the Product, Data or Documentation is the limited right to use the same as set forth in this Agreement. You acknowledge that the Product, Data and Documentation constitute valuable proprietary, confidential and trade secret information of ALLDATA.
Restrictions. The Product, Data and Documentation are to be used solely in connection with your professional or your personal use, and not in connection with the business of any other firm, person, organization or any other commercial use. You must not, and You must not request or authorize a third party to: (i) directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Product, Data or Documentation; (ii) modify, translate, or create derivative works based on the Product, Data or Documentation; (iii) copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer any rights whatsoever to the Product, Data or Documentation; (iv) use, or make available for use, the Product, Data or Documentation either (a) on a wide area network or (b) for off-site access without prior, express, written approval from ALLDATA and payment of the fees then in effect for such use; (v) access the Product, Data, or Documentation on more computers and or mobile or other devices, workstations, or “nodes” than are expressly authorized in your Service Agreement; or (vi) remove any proprietary notices or labels on the Product, Data or Documentation. You may not use any spider, robot, other automatic device, or manual process to monitor or copy the Product, Data and/or Documentation, or any other content without ALLDATA’s prior written permission. Along with the Product, You may receive a dongle that will serve as an adapter and a security measure to enable Your use of the Product (the “Dongle”). In order to use the Product, the Dongle must at all times remain connected to the hardware on which the Product is installed. You acknowledge and agree that the Product will not function properly if the Dongle is removed from such hardware. The foregoing shall not apply for users of ALLDATA Mobile.
Reproduction of Information. You may view, reproduce and/or print insignificant portions of materials retrieved only from the Products provided (a) the materials are used only for informational, non-commercial purposes and (b) You do not remove or obscure the copyright notices or any other notices on such materials. You may print invoices, estimates, and quotations from ALLDATA Products which are required to be printed by law provided that such printing does not include Data from the Products. Except as expressly provided for in this paragraph, no part of the Product, Data or Documentation, including, but not limited to, materials retrieved therefrom and the underlying code, may be reproduced, re-published, copied, transmitted or otherwise distributed in any form or by any means. In no event shall materials from the Product, Data and/or Documentation be stored in any information storage and/or retrieval system without the prior written permission of ALLDATA.
Updates; Information Collection and Use. From time to time, ALLDATA may make available certain updates for the Product (each an “Update”). All Updates shall be deemed to a part of the Product. Updates shall be provided to You via either: (i) an automatic download to the hardware on which You installed the Product or (ii) via the “app” stores (each an “Automatic Download”). Once an Automatic Download has been completed for an Update, You will receive a pop-up notification prompting You to complete the installation process for such Update (an “Installation Notice”). You understand and acknowledge that the Product may not function properly or at all in the event that You do not complete the installation of any Update by the date specified in the applicable Installation Notice. You acknowledge and agree that ALLDATA shall not provide any refunds or other remedies in connection with any failure or other malfunction of the Product caused by Your failure to complete the timely installation of any Update. ALLDATA may from time to time extract certain information from the operating system and the hardware with which You use the Product (“System Information”). ALLDATA will only use the System Information to (i) provide You with Updates that are appropriate for the operating system and the hardware with which You use the Product, (ii) enhance the Product and other products and services offered by ALLDATA and (iii) audit compliance with the terms and conditions of this Agreement.
You agree and acknowledge that during your use of the Product ALLDATA may collect non-personally identifiable information pertaining to: (x) how you use the Product; (y) the Product information You access; and (z) the results You receive from your application of the Product information (“Non-Personally Identifiable Information”). The Non-Personally Identifiable Information will be combined with other information including non-personally identifiable information collected by ALLDATA during the use of its services and products such as the Product. ALLDATA will only use of the Non-Personally Identifiable Information in an aggregate or de-identified manner to analyze ALLDATA product and service usage trends, to administer ALLDATA products and services, and for any other legitimate business purpose.
Taxes. Any excise, sales, duties, use or other taxes, which result from Your acquisition or use of the Product, Data and/or Documentation shall be paid exclusively by You. In the event ALLDATA must make any such payments, You shall reimburse ALLDATA for all such payments immediately upon demand.
Limited Warranty. ALLDATA warrants that the Product, when delivered to You, will substantially conform to the then-current published specifications for a period of thirty (30) days from the date the Product is delivered to You, and that the media, if any, on which the Product is delivered will be free of defects of materials and workmanship. In the event the Product or media is defective within the terms of this warranty, your sole and exclusive remedy shall be ALLDATA’s replacement or correction of the defective Product or media. ALLDATA HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALLDATA MAKES NO WARRANTY WHATSOEVER THAT ANY PRODUCT, (INCLUDING, WITHOUT LIMITATION, ANY AUTOMATIC DOWNLOADS AND UPDATES), DATA OR DOCUMENTATION IS CORRECT. ALLDATA DOES NOT WARRANT THAT YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Data Accuracy and/or Completeness. You acknowledge that ALLDATA does not warrant, and specifically disclaims any warranty, that the Product, (including, without limitation, any Automatic Downloads and Updates), Data or Documentation or any other information provided in connection therewith is accurate or complete. ALLDATA will make commercially reasonable efforts to provide accurate and complete Data; but the volume of information compiled and the variety of sources from which the information comes makes it impossible to warrant accuracy or completeness of any kind. IN NO EVENT WILL ALLDATA BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED WHETHER BY NEGLIGENCE OR OTHERWISE EVEN IF ALLDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Data Disclaimer Customer shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption. Customer shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of any remote technical support of or to the Product by ALLDATA. ALLDATA, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND CUSTOMER ASSUMES ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM ANY TECHNICAL SUPPORT OF OR TO THE PRODUCT, REMOTE OR OTHERWISE.
Limitation of Liability. You acknowledge and understand that Data is provided to ALLDATA by third parties and that its availability and quality is beyond ALLDATA’s control. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE AND SUBJECT TO ANY APPLICABLE LAW, ALLDATA’S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE AMOUNT ALLDATA RECEIVED FOR THE PRODUCT FROM YOU. ALLDATA AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF ALLDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, ALLDATA AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES OR DAMAGES TO YOUR OR ANY OTHER VEHICLES WHICH RESULT FROM OR ARE RELATED TO YOUR USE OF THE PRODUCT, DATA AND/OR DOCUMENTATION. IN ADDITION, You acknowledge that it is your responsibility to seek legal counsel to inform yourself of and conform to all legal requirements regarding your professional or personal use of this Product. ALLDATA SHALL NOT BE LIABLE FOR ANY LEGAL INSUFFICIENCY REGARDING THE PRODUCT OR YOUR USE OF THE PRODUCT AND DATA AND DOES NOT REPRESENT THAT THE PRODUCT IS LEGALLY SUFFICIENT IN ANY OF THE 50 STATES OR ANY NATION INTO WHICH THE PRODUCTS ARE DISTRIBUTED. It is Your responsibility to ensure Internet service through an independent Internet Service Provider (“ISP”) for any online access to any of the Products or Data. ALLDATA SHALL NOT BE LIABLE FOR ANY LACK OF SERVICE OR RESPONSE TIME DELAYS ATTRIBUTABLE TO THE INTERNET, TELECOMMUNICATIONS EQUIPMENT OR SERVICES, YOUR COMPUTERS AND/OR MOBILE OR OTHER DEIVCES OR NETWORKS, YOUR ISPs OR ANY OTHER REASON OUTSIDE THE CONTROL OF ALLDATA. YOU ACKNOWLEDGE THAT THE PRODUCT MAY CONTAIN PROGRAMS (INCLUDING COOKIES) PLACED ON YOUR COMPUTER AND/OR MOBILE OR OTHER DEIVCES THAT CONNECT TO THE INTERNET IN ORDER TO ENHANCE OR ACTIVATE SECURITY AND PROVIDE OR IMPROVE THE PRODUCT, DATA AND RELATED SERVICES TO YOU AND YOU AUTHORIZE ALLDATA TO DO SO. INFORMATION COLLECTED BY ALLDATA WILL NOT BE MADE COMMERCIALLY AVAILABLE TO THIRD PARTIES.
Government Matters. You may not remove or export from the United States or allow the export or re-export of any part of the Product, Data or Documentation, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Product and Documentation licensed in this Agreement are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212 any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the US Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. Other countries may have other laws, restrictions, ordinances, rules and regulations that apply to the export or re-export of the Product, Data or Documentation, or any direct product thereof.
Indemnity. Except as prohibited by any applicable law, You will indemnify and hold ALLDATA harmless from any damages, liability and losses, and defend ALLDATA against any claim, suit or other proceeding brought against ALLDATA, arising out of or in connection with Your use, misuse, copying or distribution of the Product, Data or Documentation, provided ALLDATA notifies You of such claim, suit or proceeding and gives You reasonable assistance in the defense thereof. You will pay all damages, costs, losses, and expenses arising from such claim, suit, or other proceeding. You will indemnify ALLDATA for any use of the Product that causes any harm to ALLDATA or any of its service or data vendors/providers.
Termination. This license shall automatically terminate upon any material breach of the terms of this Agreement (or any other agreement between You and ALLDATA) by You. Material breaches shall include, but not be limited to, the breach of any of the terms and conditions set forth herein or Your failure to pay any invoice from ALLDATA by its due date. Upon termination or expiration of this License for any reason, You shall immediately return to ALLDATA or destroy the Product, Data, and Documentation and all copies thereof.
Validation and Electronic Self-Help. The Product may from time to time update or require download of the validation feature of the Product. Validation verifies that the Product has been activated and is properly licensed. During a validation check, the Product will send information about the Product to ALLDATA. This information includes the version of the Product and the product key. BY USING THE PRODUCT, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. If the Product is not properly licensed, the functionality of the Product may be affected. You may only obtain updates or upgrades for the Products from ALLDATA or its authorized sources. You agree that ALLDATA may, in its sole discretion and without prior notice, terminate your access to the Product, Data and Documentation and/or block your future access to the Product, Data and Documentation if ALLDATA determines that You have violated any terms of this Agreement. You also agree that any violation by You of the Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to ALLDATA, for which monetary damages may be inadequate, and You consent to ALLDATA obtaining any injunctive or equitable relief that ALLDATA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ALLDATA may have at law or in equity. YOU AGREE THAT IF YOU ARE IN POSSESSION OF AN UNAUTHORIZED COPY, YOUR CLICKING ON THIS AGREEMENT CONSTITUTES A CONTRACT WITH ALLDATA THE TERMS OF WHICH ARE LIMITED TO OUR BEING AUTHORIZED BY YOU TO DISABLE THE PRODUCT AND SEEK REMEDIES AS PROVIDED FOR IN THIS AGREEMENT AND UNDER APPLICABLE FEDERAL AND STATE LAWS.
Miscellaneous. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by You except with ALLDATA’s prior written consent and subject to payment to ALLDATA of the then-current transfer fee. This Agreement will be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. You hereby waive your right to a jury trial. Both parties agree that the federal, state and local courts of Shelby County, Tennessee or such other courts that may be mutually agreed to by the parties, shall have sole and exclusive jurisdiction over any matter arising from or relating to these terms and conditions and/or the license granted hereunder. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. You acknowledge that You have not entered into this Agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically stated herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind ALLDATA in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement must be in writing.
These terms and conditions may be changed by ALLDATA. Continued use of the Product, Data and Documentation constitutes your acceptance of any changes made by ALLDATA to these terms and conditions as they may be amended from time to time and may be found at www.alldata.com. You acknowledge that it is Your responsibility to check the above website for updated or amended terms and conditions.
COUNTRY SPECIFIC TERMS
Terms and Conditions of Use
For ALLDATA Customers (Mexico)
Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. In the United States of America, criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.
The following language hereby replaces in its entirety Section 10 of the standard ALLDATA LLC Terms and Conditions of Use for ALLDATA Customers with respect to Customers residing or using the Product, Data, and Documentation in Mexico. All other standard terms remain in full force and effect.
Terms and Conditions of Use for ALLDATA Manage Online
The following language hereby replaces in its entirety Section 8 of the standard ALLDATA LLC Terms and Conditions of Use for ALLDATA Customers with respect to Customers using the Product ALLDATA Manage Online. All other standard terms remain in full force and effect. In the event of any conflict between the standard ALLDATA LLC Terms and Conditions and the following Product Specific Terms, these Product Specific Terms shall control.
Data & ALLDATA Manage Online
Manage Online Terms.
8.1 Access to Manage Online. Subject to the terms and conditions contained in this Agreement, ALLDATA grants You a non-exclusive right to access and use ALLDATA Manage Online (“Manage Online”) during the applicable Subscription Term (as defined on Your order form) in accordance with this Agreement and the Documentation. You acknowledge that ALLDATA Manage Online is an on-line, subscription-based Product and that ALLDATA may make changes to ALLDATA Manage Online from time to time.
8.2 Credentials. You must ensure that all users You authorize to use Your subscription to Manage Online keep their user IDs and passwords for Manage Online strictly confidential and not share such information with any unauthorized person. You are responsible for any and all actions taken using Your accounts and passwords, and You agree to immediately notify ALLDATA of any unauthorized use of which You become aware.
8.3 Your Data. “Your Data” means any data, content, code, video, images or other materials of any type that You upload, submit or otherwise transmit to or through Manage Online. You will retain all right, title and interest in and to Your Data in the form provided to ALLDATA. Subject to the terms of this Agreement, You hereby grant to ALLDATA a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to (i) provide Manage Online to You and (ii) for ALLDATA’s business purposes and (b) share and/or distribute and publicly perform and display Your Data as You direct or enable through Manage Online. ALLDATA may also access Your account or instance in order to respond to Your support requests.
8.4 Security and Back-up. ALLDATA will take commercially reasonable effort to back-up Your Data and will implement industry accepted security procedures to help protect Your Data from loss, damage, corruption or security attacks. However, You understand that use of Manage Online necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by us, and we are not responsible for any of Your Data lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.
8.5 Storage Limits. There may be storage limits associated with Manage Online. These limits are described in the services descriptions on our websites or in the Documentation for Manage Online. ALLDATA reserves the right to charge for additional storage or overage fees. We may impose new, or may modify existing, storage limits for Manage Online at any time in our discretion, with or without notice to You.
8.6 Responsibility for Your Data.
8.6.1 General. General. You must ensure that Your use of Manage Online and all Your Data is at all times compliant with our all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that:(i) You have obtained all necessary rights, releases and permissions to provide all Your Data to ALLDATA and to grant the rights granted to ALLDATA in this Agreement and (ii) Your Data and its transfer to and use by ALLDATA as authorized by You under this Agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under Section 8.4 (Security and Backup), ALLDATA assumes no responsibility or liability for Your Data, and You shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it. Other than ALLDATA’s responsibilities under Section 8.4 (Security and Backup), You are solely responsible for daily back-up and other protection of Your Data against loss, damage or corruption. You shall be solely responsible for reconstructing Your Data (including but not limited to Your Data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of any remote technical support of or to Manage Online or another Product by ALLDATA. ALLDATA, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND CUSTOMER ASSUMES ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM ANY TECHNICAL SUPPORT OF OR TO THE PRODUCT, REMOTE OR OTHERWISE.
8.6.2 Sensitive Data. You will not submit to Manage Online (or use Manage Online to collect): (i) any personally identifiable information, except to the extent that Manage Online permits the inclusion of personally identifiable information in specific named fields and provided that Your Data that is entered in those fields is consistent with the intent of those named fields; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, “Sensitive Data”). You also acknowledge that ALLDATA is not acting as Your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that Manage Online is not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, ALLDATA has no liability under this Agreement for Sensitive Data.
8.6.3 Indemnity for Your Data. You will defend, indemnify and hold harmless ALLDATA from and against any loss, cost, liability or damage, including attorneys’ fees, for which ALLDATA becomes liable to the extent arising from or relating to any claim relating to Your Data, including but not limited to any claim brought by a third party alleging that Your Data, or Your use of Manage Online in breach of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law. This indemnification obligation is subject to You receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for You to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all reasonable necessary cooperation of ALLDATA at Your expense.
8.7 Removals and Suspension. ALLDATA has no obligation to monitor any content uploaded to the Manage Online. Nonetheless, if ALLDATA deems such action necessary based on Your violation of this Agreement, ALLDATA may (1) remove Your Data from Manage Online or (2) suspend Your access to Manage Online. ALLDATA will generally alert You when ALLDATA takes such action and give You a reasonable opportunity to cure Your breach, but if ALLDATA determines that Your actions endanger the operation of Manage Online or other users, ALLDATA may suspend Your access immediately without notice. You will continue to be charged for Manage Online during any suspension period. ALLDATA shall have no liability to You for removing or deleting Your Data from or suspending Your access to any Manage Online as described in this section.
8.8 Customer Data Portability and Deletion. Upon request by You made within ninety (90) days after the effective date of termination or expiration of this Agreement, ALLDATA will make Your Data available for export or download in a format to be determined by ALLDATA. After such ninety (90) day period, ALLDATA will have no obligation to maintain or provide any of Your Data to You.
This publication contains material that is reproduced and distributed under a license from Assenmacher Specialty Tools. No further reproduction or distribution of the Assenmacher Specialty Tools material is allowed without the express written permission of Assenmacher Specialty Tools.