End User Licence Agreement

1. Business-to-business use only

HexTool is offered exclusively on a business-to-business basis.

The Software may be purchased and used only by:

• registered companies;
• registered entrepreneurs;
• automotive workshops;
• automotive professionals;
• automotive software professionals;
• authorised technicians; or
• other persons acting exclusively within their trade, business, craft or professional activity.

The Software is not offered for private, household or consumer use.

By purchasing or using HexTool, you represent and warrant that you are not acting as a consumer and that the Software is being acquired exclusively for business or professional purposes.

We may request company, tax, registration, identity or other business-verification information before or after activating your licence.

We may refuse, suspend or cancel access if:

• the supplied business information is false, incomplete or misleading;
• your professional or business status cannot be reasonably verified;
• you are purchasing or using the Software as a consumer; or
• there is evidence of fraud, abuse or unauthorised use.

If you accept this EULA on behalf of a company, workshop or other entity, you confirm that you have the authority to bind that entity to this EULA.

2. Description of the Software

HexTool is a web-based binary analysis and editing software application intended for professional automotive-related use.

Depending on the available modules and licence configuration, the Software may allow Users to:

• upload binary files;
• inspect and analyse binary data;
• view and edit hexadecimal data;
• locate, identify or interpret stored values;
• perform calculations or conversions;
• validate or calculate checksums;
• modify supported data structures;
• generate modified files or technical results; and
• use other available binary-processing functions.

The exact functions available to you depend on the active HexTool version, your licence plan and the modules made available through your account.

The presence of a function in the Software does not represent confirmation that its use is lawful in every country, vehicle, control unit or situation.

3. Licence grant

Subject to full payment of all applicable fees and continued compliance with this EULA, BV-FILES grants you a limited, non-exclusive, non-transferable except as expressly permitted under Section 7, non-sublicensable and revocable licence to access and use HexTool.

The licence is granted solely:

• for your own internal business or professional use;
• for one authorised User;
• through one registered HexTool account;
• on one authorised computer identified by its hardware identifier;
• for the active 12-month licence period; and
• in accordance with this EULA.

The Software is licensed, not sold.

The purchase of a HexTool licence does not transfer ownership of the Software, source code, object code, databases, algorithms, calculation methods, scripts, documentation, designs, trademarks or any other intellectual property to you.

All rights not expressly granted under this EULA are reserved by BV-FILES and its licensors.

4. Licence duration

Each HexTool licence is valid for a period of twelve months from the date of activation, unless a different activation date is expressly stated in the applicable order confirmation.

The licence does not renew automatically.

After the 12-month licence period expires:

• access to the Software will cease;
• the User will no longer be able to use Software functions;
• the User may be required to purchase a new licence to restore access; and
• technical support and updates will no longer be available.

The User is responsible for renewing the licence before its expiry if uninterrupted access is required.

Any unused time, inactivity, failure to access the Software or failure to use available functions does not extend the licence period.

5. Account registration and security

Each licence is limited to one account and one authorised User.

You must provide accurate, complete and current information when registering and maintaining your HexTool account.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• using a secure and unique password;
• preventing unauthorised access to your account;
• all activity performed through your account;
• ensuring that your registered computer remains secure; and
• notifying us immediately of any suspected unauthorised access.

You must not:

• share your account;
• share your password;
• permit another person to use your account;
• sell, rent, lend or sublicense your account;
• provide remote access to the Software to an unauthorised person;
• use another User’s account; or
• create multiple accounts to bypass licence restrictions.

Any activity performed through your account will be treated as activity authorised by you unless you notified us of unauthorised access without unreasonable delay.

6. Hardware identification and device limitation

Each HexTool licence is linked to one computer through a hardware identification mechanism (“HWID”).

Only the registered computer may access and use the licensed Software.

You must not:

• manipulate or falsify an HWID;
• emulate another computer or HWID;
• clone an authorised environment to another computer;
• bypass the device restriction;
• reset or alter licence-identification data without authorisation;
• use virtualisation or other technical methods to circumvent the one-computer limitation; or
• attempt to activate one licence on multiple computers.

A change to the computer’s hardware, operating system or other system configuration may cause the HWID to change and may require a licence transfer.

BV-FILES is not responsible for HWID changes caused by:

• computer replacement;
• hardware replacement;
• operating-system reinstallation;
• operating-system modification;
• BIOS or firmware changes;
• virtualisation;
• third-party software;
• hardware failure; or
• any action taken by the User or a third party.

7. Licence transfer and HWID change

A User may request the transfer of an active licence to another computer.

Each approved licence transfer is subject to a transfer fee of EUR 99.00.

A maximum of two licence transfers may be approved during one 12-month licence period.

Licence transfers:

• are not automatic;
• must be requested through the HexTool ticket system;
• require payment of the applicable transfer fee;
• may require identity and business verification;
• permanently deactivate the previously registered HWID; and
• are subject to approval by BV-FILES.

BV-FILES may reject a transfer request where there is reasonable evidence of:

• account sharing;
• licence sharing;
• unauthorised resale;
• fraudulent activity;
• attempted circumvention;
• repeated suspicious HWID changes;
• breach of this EULA; or
• inaccurate account information.

Unused licence transfers have no monetary value and cannot be carried over to another licence period.

The licence expiry date does not change when a licence is transferred.

8. Internet connection requirement

HexTool requires a continuous and stable internet connection.

The Software may continuously or periodically communicate with BV-FILES systems to:

• authenticate the User;
• verify the active licence;
• verify the authorised HWID;
• provide Software functionality;
• process uploaded files;
• deliver updates;
• detect unauthorised use;
• prevent account or licence sharing;
• maintain security; and
• provide technical support.

The Software may become unavailable if:

• the internet connection is interrupted;
• licence verification cannot be completed;
• the licence has expired;
• the registered HWID does not match;
• the account is suspended;
• maintenance is being performed;
• a security issue is detected; or
• third-party infrastructure is unavailable.

You are responsible for obtaining and maintaining a suitable internet connection and compatible equipment.

9. Software updates

Software updates are included during the active 12-month licence period.

Updates may include:

• security updates;
• bug fixes;
• compatibility changes;
• interface changes;
• improvements;
• modified functions;
• new functions;
• updated databases; or
• changes required by law or technical infrastructure.

BV-FILES may modify, replace, restrict or discontinue individual functions where reasonably necessary for:

• security;
• legal compliance;
• technical compatibility;
• prevention of abuse;
• correction of errors;
• infrastructure changes; or
• continued development of the Software.

You may be required to use the latest supported version of the Software or refresh your browser session to continue using HexTool.

An active licence does not guarantee that every existing function will remain unchanged throughout the licence period.

10. Technical support

Technical support is included while the User has an active licence and is using a currently supported version of HexTool.

Support is provided through the HexTool ticket system.

Technical support may cover:

• account access;
• licence activation;
• HWID registration;
• approved licence transfers;
• Software usage;
• confirmed Software defects;
• supported functions; and
• issues directly related to HexTool.

Unless expressly agreed in writing, technical support does not include:

• custom ECU solutions;
• custom file modifications;
• tuning-file development;
• individual checksum research;
• reverse engineering of unsupported formats;
• vehicle diagnosis;
• vehicle repair instructions;
• control-unit recovery;
• recovery from incorrect programming;
• workshop labour;
• third-party software support;
• third-party hardware support; or
• compensation for vehicle or control-unit damage.

BV-FILES does not guarantee a specific support response time unless a separate written service-level agreement has been concluded.

11. Permitted professional use

You may use HexTool while providing professional services to your own customers only where:

• the activity is lawful in the country where it is performed;
• you possess the necessary professional knowledge;
• you have the vehicle owner’s or authorised party’s permission;
• the vehicle, control unit, file and operation have been correctly identified;
• all required licences, approvals and authorisations have been obtained;
• the operation does not involve fraud, theft or deception; and
• the use complies with this EULA.

You may charge your customer for a lawful professional service performed with the assistance of HexTool.

This permission does not allow you to resell, redistribute or provide HexTool itself, its protected data, its algorithms or its outputs as a standalone digital product or service.

You are solely responsible for determining whether a particular operation is permitted under the laws and regulations applicable in your country and your customer’s country.

12. Prohibited activities

Except where a right cannot lawfully be restricted, you must not directly or indirectly:

1. share, sell, rent, lease, lend, sublicense or transfer your HexTool account;
2. share your login credentials or permit an unauthorised person to access the Software;
3. activate or attempt to activate one licence on more than one computer;
4. bypass, manipulate, disable or interfere with licence verification, authentication, HWID validation or security systems;
5. copy, reproduce, distribute, publish, mirror, host or make the Software available to another person;
6. reverse engineer, decompile, disassemble, decode or attempt to derive the Software’s source code or internal logic;
7. modify, translate, adapt or create derivative software based on HexTool;
8. access or attempt to access non-public APIs, databases, servers, administrative systems or protected functionality;
9. scrape, crawl, automatically query or systematically extract data from the Software;
10. copy, record, extract, reconstruct or redistribute HexTool databases, definitions, maps, structures, calculation methods or technical content;
11. extract, reproduce or disclose proprietary checksum algorithms, scripts, methods, signatures, patterns or detection logic;
12. use HexTool, its data or its outputs to create, develop, validate, train, improve or support a competing product or service;
13. resell, redistribute, sublicense, publish or supply HexTool-generated results, analyses, files, data or outputs as standalone digital products or services;
14. remove, conceal or alter copyright, trademark, ownership or other proprietary notices;
15. upload malware, malicious code, corrupted content or content intended to interfere with the Software;
16. attempt to gain unauthorised access to another User’s account or data;
17. use false, misleading or stolen identity, company or payment information;
18. use HexTool for an unlawful, fraudulent, deceptive or malicious purpose;
19. process a vehicle, control unit or file without lawful authority and the owner’s permission;
20. use HexTool to steal, unlawfully access or facilitate the theft of a vehicle;
21. perform unauthorised immobiliser, key, anti-theft or vehicle-security modifications;
22. fraudulently modify, conceal or misrepresent vehicle mileage, operating hours, service history, identity or condition;
23. modify vehicle mileage without a lawful and documented reason, required authorisation and compliance with applicable disclosure obligations;
24. unlawfully disable, bypass or modify emissions-control, safety or environmental systems;
25. use Software output where you know or reasonably should know that the result is incorrect, unsafe or unsuitable; or
26. assist another person in performing any prohibited activity.

Any serious or attempted violation involving account sharing, licence circumvention, unauthorised resale, redistribution, data extraction, competing-product development, fraudulent mileage manipulation, vehicle theft or other unlawful activity may result in immediate and permanent termination of the account and licence without refund, to the maximum extent permitted by applicable law.

13. Strict prohibition on resale and redistribution

HexTool contains proprietary content developed through substantial technical work, testing, research and investment.

The following are strictly prohibited:

• resale of HexTool access;
• resale of an account or licence;
• redistribution of Software functionality;
• resale or redistribution of extracted HexTool data;
• disclosure of proprietary algorithms;
• disclosure of checksum methods;
• copying or redistribution of scripts or definitions;
• sale of access to HexTool through a third-party interface;
• creation of a competing database using HexTool information;
• offering HexTool-generated output as an automated standalone service; and
• representing HexTool data or technology as your own.

A User who violates or attempts to violate this section may be permanently banned from HexTool.

Where an account is terminated for a violation of this section:

• the licence will be permanently deactivated;
• the User will lose access to the Software;
• no refund will be issued, except where required by mandatory law;
• the User may be prohibited from registering another account; and
• BV-FILES reserves the right to pursue available legal remedies.

Charging a customer for a lawful automotive service performed by you is not considered resale of HexTool, provided that you do not distribute or expose HexTool itself or its protected technical content.

14. User files and temporary processing

HexTool may allow you to upload binary, ECU, EEPROM, flash-memory or other technical files for processing.

Uploaded files are processed temporarily for the purpose of providing the requested Software functionality.

HexTool is not intended to serve as permanent file storage or as a backup service.

You are responsible for:

• retaining your own original files;
• maintaining independent backups;
• ensuring that you are authorised to upload each file;
• ensuring that uploaded files do not contain unlawful content;
• verifying the downloaded or generated result; and
• storing completed files safely after processing.

You grant BV-FILES a limited, temporary and non-exclusive right to receive, copy, process, analyse and transmit uploaded files only to the extent reasonably necessary to:

• provide the requested Software function;
• generate the requested output;
• maintain security;
• investigate technical errors;
• prevent misuse; and
• comply with applicable legal obligations.

Uploaded files are not sold or licensed by BV-FILES to third parties.

Temporary technical copies may remain for the period reasonably necessary to complete processing, maintain system security, investigate reported errors or comply with applicable legal obligations.

You must not upload a file where doing so would:

• infringe a third party’s rights;
• breach a confidentiality obligation;
• violate applicable law;
• expose unlawfully obtained information; or
• introduce malicious code.

15. Original backup requirement

Before modifying, writing, flashing or otherwise applying any file processed through HexTool, you must create and securely retain a complete, verified and readable original backup.

The original backup must be retained in a location separate from the modified file.

You must not rely on HexTool as the only location or method of storing an original file.

You are solely responsible for ensuring that:

• the backup belongs to the correct vehicle and control unit;
• the backup is complete;
• the backup is not corrupted;
• the backup can be restored;
• the correct reading method was used; and
• suitable recovery equipment and procedures are available.

Failure to create or retain a valid original backup is entirely at your own risk.

16. Verification of results

HexTool may perform automated or semi-automated analysis, calculations, detection, editing, conversion and checksum operations.

You must independently inspect and verify every result before:

• writing a file to a control unit;
• flashing a vehicle;
• supplying a file to a customer;
• using the result in a professional service; or
• relying on the result for a technical decision.

Unless a particular result is expressly identified within the Software as independently verified, approved or guaranteed for a specific application, you must treat the result as requiring professional verification.

You are responsible for verifying:

• vehicle compatibility;
• control-unit compatibility;
• hardware and software versions;
• file size and structure;
• selected offsets and values;
• checksum correctness;
• file integrity;
• programming method;
• legal compliance; and
• suitability for the intended purpose.

A successful Software calculation or completed file download does not guarantee that a file is safe or suitable to write to a vehicle.

17. Automotive risks and User responsibility

Automotive binary analysis, editing and control-unit programming involve inherent technical risks.

These risks may include:

• loss or corruption of data;
• incorrect calculations;
• incorrect checksum results;
• control-unit failure;
• control-unit lockout;
• vehicle immobilisation;
• inability to start or operate a vehicle;
• loss of vehicle functions;
• communication failure;
• electrical damage;
• mechanical damage;
• component damage;
• battery or power-supply failure;
• warranty issues;
• safety risks;
• emissions non-compliance;
• regulatory violations;
• workshop downtime; and
• financial loss.

You accept these risks and remain responsible for your own professional decisions, equipment, procedures and work.

You are responsible for using:

• suitable diagnostic and programming equipment;
• a stable power supply;
• correct communication methods;
• correct vehicle and control-unit identification;
• appropriate recovery procedures;
• manufacturer information where available; and
• qualified professional judgment.

BV-FILES is not responsible for damage or loss caused by:

• incorrect use of the Software;
• incorrect input data;
• selection of the wrong vehicle or control unit;
• use of an incompatible file;
• failure to verify a result;
• incorrect flashing or writing procedure;
• unstable voltage or communication;
• defective third-party equipment;
• missing or invalid backups;
• unauthorised vehicle modifications;
• failure to comply with applicable law; or
• use outside the Software’s intended professional purpose.

18. Intellectual property rights

HexTool and all associated intellectual property are owned by BV-FILES or its licensors.

Protected elements include, without limitation:

• Software source code;
• object code;
• web-application code;
• architecture;
• algorithms;
• checksum methods;
• calculation logic;
• scripts;
• definitions;
• database content;
• data structures;
• detection patterns;
• file-processing methods;
• interfaces;
• workflows;
• graphics;
• documentation;
• text;
• trademarks;
• trade names; and
• branding.

“HexTool”, “BV-FILES AUTOMOTIVE SOLUTIONS” and associated names and logos may not be copied, registered, displayed or used without prior written permission.

No provision of this EULA transfers intellectual property ownership to the User.

19. Confidential and proprietary information

Non-public technical information made available through HexTool must be treated as confidential and proprietary.

You must not disclose, publish, reproduce or provide to any third party:

• non-public algorithms;
• internal calculation methods;
• checksum logic;
• database structures;
• technical definitions;
• scripts;
• access methods;
• unpublished documentation;
• security information; or
• other information reasonably identifiable as confidential or proprietary.

This obligation remains effective after the licence expires or is terminated.

This section does not apply to information that you can demonstrate:

• was lawfully known to you before disclosure by BV-FILES;
• became public without your breach of this EULA;
• was lawfully received from an independent third party; or
• must be disclosed under a binding legal requirement.

20. Privacy and technical data

BV-FILES may process account, business, licence, device, HWID, authentication, usage, security, payment and technical data as necessary to:

• register and maintain accounts;
• provide the Software;
• verify licences;
• identify authorised computers;
• prevent account sharing;
• detect fraud and misuse;
• maintain security;
• provide technical support;
• process payments; and
• comply with legal obligations.

Personal-data processing is further described in the Privacy Policy.

By using HexTool, you acknowledge that licence and HWID verification are essential parts of the Software and cannot be disabled while continuing to use the service.

21. Third-party services

HexTool may depend on third-party infrastructure, including:

• internet-service providers;
• hosting providers;
• database providers;
• authentication providers;
• payment processors;
• email providers; and
• security services.

BV-FILES does not control every aspect of these third-party services and does not guarantee that they will always remain uninterrupted or unchanged.

Third-party service failures may temporarily affect HexTool availability.

Your use of certain third-party services may also be subject to the third party’s own terms and policies.

22. Availability and maintenance

BV-FILES will use reasonable technical and organisational efforts to maintain the availability and security of HexTool.

However, the Software may occasionally be unavailable because of:

• scheduled maintenance;
• emergency maintenance;
• security updates;
• infrastructure failures;
• internet failures;
• third-party service failures;
• cyberattacks;
• technical defects;
• legal requirements; or
• events outside the reasonable control of BV-FILES.

BV-FILES does not guarantee uninterrupted, continuous or error-free access.

Temporary downtime does not automatically extend the licence period or create a right to compensation or refund unless otherwise required by applicable law or expressly agreed in writing.

23. Suspension and termination

BV-FILES may temporarily suspend access where reasonably necessary to:

• investigate suspicious activity;
• protect the Software or other Users;
• verify account information;
• prevent unauthorised access;
• resolve a payment issue;
• comply with a legal requirement; or
• investigate a possible breach of this EULA.

BV-FILES may permanently terminate an account or licence where the User:

• materially or repeatedly breaches this EULA;
• shares an account or licence;
• circumvents licence or HWID protection;
• resells or redistributes protected content;
• extracts proprietary data or algorithms;
• attempts to develop a competing product using HexTool;
• provides false registration information;
• engages in fraud;
• uses the Software unlawfully;
• threatens the security of the Software;
• abuses the support system; or
• fails to pay an amount when due.

Serious breaches may result in immediate termination without prior warning where prior warning would increase the risk of damage, fraud, data extraction, continued misuse or security compromise.

Upon termination:

• all rights granted under this EULA immediately end;
• access to HexTool will be disabled;
• the registered HWID will be deactivated;
• the User must stop using the Software;
• outstanding payment obligations remain payable;
• the User may be prohibited from registering another account; and
• provisions intended to survive termination will remain effective.

Where termination results from the User’s breach, no refund will be issued, except to the extent required by mandatory applicable law.

24. No warranties

To the maximum extent permitted by applicable law, HexTool is provided on an “as is” and “as available” basis.

BV-FILES does not warrant that:

• the Software will always be available;
• the Software will be completely free from defects;
• every calculation will be correct in every situation;
• every checksum will be correctly identified or calculated;
• every file format will be supported;
• every result will be suitable for every vehicle;
• the Software will be compatible with every browser, computer or operating system;
• every technical problem can be resolved;
• the Software will satisfy every individual business requirement; or
• use of the Software will produce a specific commercial or technical result.

Information and output provided through HexTool do not replace professional knowledge, manufacturer documentation, testing or independent verification.

Nothing in this EULA excludes a warranty or obligation that cannot lawfully be excluded.

25. Limitation of liability

To the maximum extent permitted by applicable law, BV-FILES will not be liable for indirect, incidental, special, exemplary, punitive or consequential damage or loss, including:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of customers;
• loss of opportunity;
• loss of reputation;
• loss or corruption of data;
• vehicle downtime;
• workshop downtime;
• loss of vehicle use;
• control-unit replacement costs;
• recovery costs;
• third-party labour costs;
• customer claims; or
• costs of substitute software or services.

To the maximum extent permitted by applicable law, the total aggregate liability of BV-FILES arising from or relating to the Software, licence or this EULA will not exceed the total amount actually paid by the User for the affected HexTool licence during the 12 months immediately preceding the event giving rise to the claim.

The limitations in this section apply regardless of the legal basis of the claim.

These limitations do not apply to liability that cannot lawfully be excluded or limited, including liability resulting from intentional misconduct, fraud or gross negligence where exclusion is prohibited by applicable law.

26. User responsibility toward customers and third parties

You are solely responsible for services you perform for your own customers.

BV-FILES is not a party to any agreement between you and your customer.

You are responsible for:

• explaining the service to your customer;
• obtaining the customer’s authorisation;
• complying with disclosure obligations;
• keeping required records;
• ensuring that modifications are lawful;
• verifying technical results;
• determining whether a vehicle remains safe and road-legal;
• protecting customer data; and
• resolving claims arising from your own services.

To the maximum extent permitted by applicable law, you agree to defend and compensate BV-FILES against third-party claims, losses and reasonable expenses resulting from:

• your unlawful use of HexTool;
• your breach of this EULA;
• your unauthorised processing of a vehicle or file;
• your failure to obtain required authorisation;
• your infringement of third-party rights;
• your failure to verify Software output; or
• services supplied by you to your customers.

This obligation does not apply to the extent that a claim was caused directly by BV-FILES's own breach, fraud, intentional misconduct or other liability that cannot lawfully be excluded.

27. Fees, payments and refunds

Commercial terms relating to licence prices, payment, invoicing, cancellation and refunds are governed by the applicable:

• Terms and Conditions; and
• Refund and Cancellation Policy.

A licence suspended or terminated because of the User’s breach does not create a right to a refund.

Licence-transfer fees are non-refundable after the transfer has been completed, except where otherwise required by mandatory law.

28. Changes to this EULA

BV-FILES may update this EULA where reasonably necessary because of:

• changes to the Software;
• new functions;
• licence-model changes;
• security requirements;
• legal or regulatory changes;
• changes to technical infrastructure; or
• prevention of fraud and abuse.

The current version will display its effective date and version number.

Where a change materially affects the User’s rights or obligations, BV-FILES may provide notice through:

• the Software;
• the User account;
• email;
• the HexTool website; or
• the ticket system.

The User may be required to accept an updated EULA before continuing to use the Software.

Changes will not retroactively remove rights that have already accrued unless required by law or expressly agreed.

29. Governing law and jurisdiction

This EULA and all disputes or claims arising from or relating to it are governed by the laws of the Republic of Serbia, without regard to conflict-of-law principles.

The parties agree that the competent court in Zrenjanin, Republic of Serbia, will have exclusive jurisdiction over disputes arising from or relating to this EULA, unless mandatory applicable law requires otherwise.

Before commencing formal proceedings, the parties should first attempt to resolve the dispute in good faith through written communication.

30. Electronic acceptance and records

Electronic acceptance of this EULA has the same contractual effect as acceptance in writing.

BV-FILES may retain technical and account records demonstrating:

• the identity of the accepting account;
• the accepted EULA version;
• the date and time of acceptance;
• the licence order;
• the registered HWID;
• the associated IP address;
• account-verification information; and
• other technical records reasonably necessary to demonstrate acceptance, prevent fraud and enforce this EULA.

The acceptance checkbox must not be treated as accepted unless the User actively selects it.

31. Assignment

You may not assign, transfer or delegate this EULA, your account or your licence without prior written approval from BV-FILES.

An approved HWID transfer under Section 7 does not transfer ownership of the licence to another person or business.

BV-FILES may assign or transfer this EULA as part of:

• a business sale;
• merger;
• restructuring;
• transfer of the HexTool business;
• transfer of intellectual property; or
• similar transaction.

32. Force majeure

BV-FILES will not be liable for delay, interruption or failure caused by circumstances beyond its reasonable control, including:

• internet or telecommunications failure;
• hosting or infrastructure failure;
• power failure;
• cyberattack;
• denial-of-service attack;
• natural disaster;
• fire;
• flood;
• war;
• civil disorder;
• government action;
• sanctions;
• labour disruption;
• epidemic or pandemic; or
• failure of a critical third-party provider.

BV-FILES will use reasonable efforts to restore the affected service when reasonably possible.

33. Severability

If any provision of this EULA is found to be invalid, illegal or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable.

If that is not possible, the affected provision will be removed without affecting the remaining provisions.

34. No waiver

Failure or delay by BV-FILES to enforce a right or provision does not waive that right or provision.

A waiver is valid only when expressly confirmed in writing by BV-FILES.

35. Entire agreement

This EULA, together with the applicable order confirmation, licence description, Terms and Conditions, Privacy Policy and Refund and Cancellation Policy, constitutes the agreement governing your use of HexTool.

In the event of a conflict:

1. a separately signed written agreement takes priority;
2. the order confirmation controls the purchased licence’s price and commercial details;
3. this EULA controls access to and use of the Software;
4. the Terms and Conditions control the general purchase and service relationship; and
5. mandatory applicable law takes priority over all contractual provisions.

36. Survival

The following provisions survive licence expiry or termination:

• intellectual property rights;
• confidentiality obligations;
• resale and redistribution restrictions;
• limitation of liability;
• responsibility toward customers and third parties;
• governing law and jurisdiction;
• outstanding payment obligations; and
• any provision that is intended by its nature to survive termination.

37. Language

This EULA is written in English.

Any translation may be provided for convenience only. Unless mandatory applicable law requires otherwise, the English version will prevail in the event of inconsistency between language versions.

38. Contact information

Questions relating to this EULA, licensing or use of HexTool may be submitted through the HexTool ticket system or by contacting:

• BV-FILES AUTOMOTIVE SOLUTIONS
• Registered Entrepreneur
• Tomićeva 16
• 23000 Zrenjanin
• Republic of Serbia
• Company Registration Number: 65490153
• Tax Identification Number: 111545284
• Email: office@bv-files.com
• Website: bv-files.net

39. Final acknowledgement

By selecting the EULA acceptance checkbox, purchasing a licence, activating an account, registering an HWID, accessing HexTool or using the Software, you acknowledge and confirm that:

• you have read this EULA in full;
• you understand its terms;
• you are acting exclusively for business or professional purposes;
• you have the authority to accept it;
• you accept the technical and automotive risks associated with the Software;
• you agree to comply with all licence restrictions; and
• you agree to be legally bound by this EULA.