In particular, the limitations to liability in this section shall not apply in the event of any injury to life, limb or health. BMW shall only be responsible for wilful intent and gross negligence unless binding legal requirements stipulate liability. Liability BMW shall not be held liable if the Licensee downloads and installs the Software on the BMW accessory using devices that have not been approved by BMW for the installation of the Software or if the Licensee does not carry out the download and installation in accordance with the instructions for installation. This shall not apply in the case of malicious action or gross negligence. BMW assumes no liability for defects of title and material. Software errors The Software is supplied to the Licensee on an “as is” basis. Licence period The right of use is valid for an indefinite period of time. In particular, the Licensee is not permitted to modify or copy the Software, to create any products derived from the Software, to pass on the Software or copies thereof to third parties or to exploit it commercially in any form whatsoever. Granting of the right of use BMW hereby grants the Licensee at no charge the basic, non-exclusive, revocable, non-transferable right to use the Software exclusively for installation on the designated accessory products. BMW reserves all rights to publish, reproduce, propagate, change, modify, and exploit the Software. BMW is the sole owner of the exclusive, irrevocable, assignable, unlimited rights of use in the Software with respect to time, place and content. Copyrights to the Software The Software is protected by copyright. Subject matter of the contract The subject matter of this Agreement is the provision of the software “Update für BMW CE-Device Steuergerät” (hereinafter referred to as “Software”) by Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80809 Munich (hereinafter referred to as “BMW”) to the end user (hereinafter referred to as “Licensee”) for downloading onto a BMW accessory intended for the purpose in the Licensee’s vehicle. Software Update for Accessories Usage rights agreement from Bayerische Motoren Werke Aktiengesellschaft (Valid as of 10/2014) 1.

Bmw idrive software update