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OEM Compliance Requirements

1. Affiliation

MOTOR is an independent business and is not sponsored by or affiliated with any OEM. Way acknowledges that OEMs are not responsible for any goods or services provided to Way by MOTOR.

2. Advertising Content

Way shall not, without OEM’s prior review and express written consent, issue any press release, or issue or make any other public comment, or publish or broadcast any advertisement in any media, or disseminate any sales promotion materials, regarding its relationship with OEM. As soon as practicable after receiving such notice, OEM will either consent to the issuance of the proposed statement, advertisement or sales promotion materials or advise Way of its objections thereto. OEM will discuss any such objections in good faith.

3. Reputation

Way will not engage, participate or otherwise become involved in any activity or course of action that diminishes or tarnishes the image or reputation of any of the Database(s).

4. Third Party Beneficiary

Any OEM with data included in the Database(s) is an express third-party beneficiary entitled to enforce terms outlined in this Agreement. Each OEM shall be an express indemnified party with respect to the indemnification obligation in section 8.2 of this Agreement.

5. Quality Standards

Way covenants and warrants that the Product(s) sold or distributed by it shall be of a high standard of style, appearance and quality, shall be fit for their intended use, and shall be consistent with industry standards. Way agrees that the Product shall meet or exceed any and all standards, regulations, guidelines, rules, laws, and the like in the Territory relating to materials similar to the Product.

6. Liabilities

Any approval by OEM of any Product will not give rise to obligations or liability to OEM. Way will not have any rights against OEM for damages or other remedy by reason of OEM failure or refusal to grant access to the Database(s). In no event shall an OEM or any OEM affiliated company be liable to for (a) damages in excess of the amount paid to MOTOR pursuant to this Agreement, or (b) special, incidental, indirect, exemplary, consequential or analogous damages, or (c) for loss of profits, loss of business, loss of data or the like; even if the OEM or any OEM affiliated company has been advised of the possibility of any or all of the foregoing types of damages. Way hereby releases, indemnifies and holds harmless Ford and any company in which Ford, currently or in the future, owns or controls, directly or indirectly, 25% or more of the voting stock or equivalent voting interest, and its successors, assigns and their respective officers, directors, agents and employees, from and against all claims arising from or related to use by or any third party of the Database, including the Ford data contained in the Database. Way covenants that, at its own expense and at the request of Ford, it will investigate and resolve every such claim made and defend every suit, action or proceeding that may be brought against Ford based on any such claim, including, but not limited to, any suit, action or proceeding brought based on tort or product liability claims. Way agrees to pay all costs, damages, expenses (including attorney’s fees), and judgments that Ford may sustain by reason of any such claim, suit, action or proceeding. Ford shall, within a reasonable period of time, give Way written notice of any such claim, counterclaim, suit, action, or proceeding.

7. Product Samples

Upon reasonable written request, Way shall provide sample materials that contain or display MOTOR Database(s) solely for the purpose of allowing MOTOR to verify compliance with the terms of this Agreement interface screenshots, and (iii) packaging, labeling, point of sale materials, trade show displays, and sales materials and applicable OEM requirements. Such materials may include limited samples of (i) advertising, (ii) user containing, referencing or based upon the Database(s) documentation that incorporates MOTOR content. To the extent required by MOTOR’s agreement with an OEM, Way shall also provide such materials to the OEM through MOTOR, provided that:(i) MOTOR provides at least ten (10) business days’ advance written notice identifying the specific materials requested and the applicable OEM;(ii) any such OEM is subject to a confidentiality agreement consistent with Section 4 of this Agreement; and(iii) any access granted to OEMs shall be limited to internal use for compliance verification and shall not include any rights to further distribute or retain the Product or related materials. If reasonably necessary, Way shall provide a time-limited, no-cost demonstration account for the OEM to review the Product solely for compliance purposes, or a live demonstration via virtual meeting. Such access shall not exceed what is reasonably required to fulfill the compliance review. furnish free of charge for any OEM’s review and approval samples of (i) all advertising based upon the Database(s); (ii) the intended uses of the Database(s) by Way in conjunction with the Product; and/or (iii) all packaging, labeling, point of sale materials, trade show displays, and sales materials containing, referencing or based upon the Database(s). Way shall expressly grant to each OEM a non-exclusive, non transferable, paid-up royalty-free, license, with no rights to sublicense to others, except to certain but not limited to such OEM’s affiliated companies to access, review, print, display and distribute for internal purposes only such or any portions thereof that such Way creates or has created on its behalf for the sole purpose of determining the compliance of such Product with the terms of this Agreement. This includes no cost subscriptions of all Products to an OEM or its affiliated companies solely to determine compliance with the terms of this Agreement. Way agrees to provide instructions to the OEM requesting the access to such Product for review upon request. In addition, Way agrees, upon request, to provide a Product demonstration via WebEx or equivalent.

8. OEM Ownership and Copyright Notices

Way acknowledges and agrees that each OEM owns all intellectual property rights in its OEM data and its respective trademarks, service marks and trade dress, and no license or ownership is granted to Way. Way shall take no actions inconsistent with an OEM’s ownership, including without limitation, registering or attempting to register, or asserting any rights in, any of the OEM data or any OEM trademarks, service marks or trade dress, or in any goodwill associated with these rights. Except as authorized by the OEM in writing or as required by this Agreement, will not use any OEM trademarks, service marks or trade dress. Way agrees to place the following OEM Copyright Notices in a prominent fashion on any product sold or distributed by the Way that incorporates any of the Database(s). Copyright year to be adjusted as appropriate for each annual set of data. For more information and details see OEM COMPLIANCE REQUIREMENTS | MOTOR.

  • 8.1. Chrysler/FCA Copyright.

    Portions of materials contained herein are sourced by FCA US, LLC.

  • 8.2. FORD Copyright.

    This product contains copyrighted and other protected material owned by FORD Motor Company. Unauthorized use or reproduction, in whole or in part, is prohibited.

  • 8.3. General Motors.

    Portions of materials contained herein have been reprinted under license from General Motors, LLC, License Agreement #2310717, as amended or superseded.

  • 8.4. Honda Copyright.

    Portions of materials contained herein have been reprinted under license from American Honda Corporation, License Agreement 16203AH. The catalog and data included herein cannot be reproduced without the prior written consent of American Honda Motor Co., Inc.

    Way acknowledges that American Honda Motor Co is the owner or exclusive licensee of Honda information and the Honda trademarks.

  • 8.5. Hyundai Copyright.

    Portions of materials contained herein have been reprinted under license from Hyundai Motor America, License Agreement HMA13004. All copyrights in and to such material are owned by Hyundai Motor America. © 2023 HMA.

  • 8.6. Land Rover Copyright.

    This product contains material that is reproduced and distributed under a license from Land Rover. No further reproduction or distribution of the Land Rover material is allowed without the express written permission of Land Rover. "The recommended times for the repairs described in this publication with respect to Land Rover branded products are not based solely upon time studies conducted by Land Rover. The repair times it recommends to its franchised dealers for warranty repairs are based on time studies of the diagnostic and repair procedures it conducts and publishes in Land Rover service manuals. Accordingly, the recommended repair times specified in this publication are designed for aftermarket repairs only."

  • 8.7. Jaguar Copyright.

    This product contains material that is reproduced and distributed under a license from Jaguar Cards Limited. No further reproduction or distribution of the Jaguar material is allowed without the express written permission of Jaguar Cars Limited. The recommended times for the repairs described in this publication with respect to Jaguar branded products are not based solely upon time studies conducted by Jaguar Cars Limited. The repair times it recommends to its franchised dealers for warranty repairs are based on time studies of the diagnostic and repair procedures it conducts and publishes in Jaguar service manuals. Accordingly, the recommended repair times specified in this publication are designed for aftermarket repairs only.”

  • 8.8. Mazda Copyright.

    This product contains copyrighted and other protected material owned by Mazda North America. Unauthorized use or reproduction, in whole or in part, is prohibited.

  • 8.9. Mitsubishi Copyright.

    Portions of materials contained herein have been reprinted under license from MITSUBISHI MOTORS NORTH AMERICA, INC.

  • 8.10. Nissan Copyright.

    Portions of materials contained herein have been reprinted under a license from Nissan North America (license Agreement MNA15007). Unauthorized user or reproduction, in whole or in part, is prohibited.

  • 8.11. Subaru Copyright.

    “Portions of materials contained herein have been reprinted under license from Subaru of America, Inc. This product contains material that is reproduced and distributed under a license from Subaru of America, Inc. No further reproduction or distribution of the Subaru material is allowed without the express written permission of Subaru of America, Inc.”.

  • 8.12. Toyota Copyright.

    Portions of materials contained herein have been reprinted under license from Toyota Motor North America, Inc., License Agreement TMS1008.

    • 8.12.1.

      The Toyota Copyright Notice above must be displayed on any End User facing return of data.

    • 8.12.2.

      The following language may either be referenced in the Product or the Product may point to www.motor.com/oem-compliance-requirements.

      All information contained in any materials obtained about Toyota, Lexus, and Scion vehicles is based on the latest product information available at the time of publication, is provided “as is” without warranty of any kind, and is intended for service providers and other interested parties in Canada, Mexico, and the United States of Arica, including Guam, Puerto Rico, and the U.S. Virgin Islands. Specifications and procedures are subject to change without notice. This information is provided expressly for the purpose of use by professional automobile technicians who have special techniques and certifications. Repair or service by non-specialized or uncertified technicians using only this information, or without proper equipment or tools, may cause severe injury to the individual or other individuals and could possibly cause damage to the vehicle. Certain procedures or content elements may make reference to Toyota Warranty policy or practice – these policies or practices are only applicable to Toyota Lexus, or Scion dealers.

  • 8.13. Volkswagen Copyright.

    Portions of materials contained herein have been reprinted under license from Volkswagen Group of America, Inc., License Agreement 12500VWA.

  • 8.14. Volvo Copyright.

    This product contains material that is reproduced and distributed under a license from Volvo Car Corporation. No further reproduction or distribution of the Volvo material is allowed without the express written permission of Volvo Car Corporation. The recommended times for the repairs described in this publication with respect to Volvo branded products are not based solely upon time studies conducted by Volvo Car Corporation. The repair times it recommends to its franchised dealers for warranty repairs are based on time studies of the diagnostic and repair procedures it conducts and publishes in Volvo service manuals. Accordingly, the recommended repair times specified in this publication are designed for aftermarket repairs only.

9. OEM Data Use Exclusions

  • 9.1. FORD Terms.

    • 9.1.1.

      Way also agrees not to use Database(s) for any purpose that could materially impede the sale of FORD, Motorcraft or Omnicraft branded vehicle replacement parts, including but not limited to assembling a cross reference list, table, concordance, method or device which provides any name, number, price or specification comparison with any non-FORD, non-Motorcraft or non-Omnicraft branded parts.

    • 9.1.2.

      FORD data may not be used to knowingly facilitate the purchase and/or return of parts to take advantage of pricing changes prior to FORD’s intended release of such pricing changes.

  • 9.2. Subaru Terms.

    Way may only use, market, advertise, sell, or distribute (“Distribute”) Subaru data only to End Users in the North American Market. “North American Market” is defined as the United States of America (inclusive of Guam, Puerto Rico, and the U.S. Virgin Islands, but excluding other U.S. Territories) and excludes Canada and Mexico and, if applicable, refrain from selling Subaru data to persons or entities who intend or are likely to Distribute it in any geographic area outside of the North American Market.

  • 9.3. GM Terms.

    • 9.3.1.

      Unless otherwise expressly permitted in the Purpose above, may not (i) extract, alter or manipulate any parts information from General Motors vehicles (including General Motor vehicles manufactured or marketed under the brand names Chevrolet (including Geo), Pontiac, Oldsmobile, Buick, Cadillac, GMC, Saturn, Saab and Hummer (Excluding H1)) (collectively, “GM”) contained in the Database(s) for purposes of creating a new or distinct electronic parts catalog; and (ii) shall cooperate with MOTOR and GM upon reasonable request in connection with legal matters related to this Agreement.