END-USER LICENSE AGREEMENT FOR SNSTUNING CHIPTUNING SOFTWARE
("product").
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”)
is a legal agreement between you (either an individual or a single entity) and
Snstuning for the Snstuning product
accompanying this EULA, which includes computer software(in electronic source,
physical, or rom form) and may include associated media, printed materials, and
“online” or electronic documentation (“Product”). By installing, or otherwise
using the Product, you agree to be bound by the terms of this EULA. If you do
not agree to the terms of this EULA, do not install or use the Product. By
installing the product you agree to the terms of this agreement.
DISCLAIMER OF WARRANTY
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The Product is provided on an AS IS basis, without warranty
of any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the
Product is borne by you. The Product is
intended for off-road use only. Use of this Product in an illegal manner may
forfeit all of your rights, and limit Snstuning's liabilities completely.
The end user may not modify, translate, reverse engineer,
decompile, disassemble (except to the extent applicable laws specifically
prohibit such restrictions). You may not create derivative works based on the
Product. You may not copy the Product. You may not rent, lease, transfer rights
of the Product. You may not remove any proprietary notices nor remove the
labels on the Product.
Should the Product prove defective, you and not Snstuning
assume the entire cost of any service and repair.
SNSTUNING IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES.
Title, ownership rights and intellectual property rights in
and to the Product shall remain in Snstuning. The Product is protected by
international copyright treaties.
2. DESCRIPTION
OF OTHER RIGHTS AND LIMITATIONS.
- Not For Resale Product.
You may not resell, or otherwise transfer for value, the Product.
- Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or disassemble the
Product, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
- Rental. You may not sell, rent, or lease the Product.
- Support Services.
Limited technical support will be provided by the reseller or Snstuning
for each product.
- No Other Uses. You
may not use the Product in any way other than as expressly permitted under this
EULA.
- Product Transfer. You may permanently transfer all of your
rights under this EULA, provided you retain no copies, you transfer all of the
Product, and the recipient agrees to the terms of this EULA.
- Termination. Without prejudice to any other rights,
Snstuning may terminate this EULA if you fail to comply with the terms and
conditions of this EULA. In such event, you must destroy all copies of the
Product and all of its component parts.
3. COPYRIGHT. The Product is protected by copyright and
other intellectual property laws and treaties. Snstuning or its suppliers own
the title, copyright, and other intellectual property rights in the Product.
4. U.S.
GOVERNMENT RESTRICTED RIGHTS. All
Product provided to the U.S. Government pursuant to solicitations issued on or
after December 1, 1995 is provided with the commercial license rights and
restrictions described elsewhere herein.
All Product provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with “Restricted Rights” as
provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable.
5. Exportable
Encryption. You agree that you will not
export or re-export the Product (or portions thereof) to any country, person or
entity subject to U.S. export restrictions.
You specifically agree not to export or re-export the Product (or
portions thereof): (i) to any country subject to a U.S. embargo or trade restriction; (ii) to any
person or entity who you know or have reason to know will utilize the Product
(or portions thereof) in the production of nuclear, chemical or biological
weapons; or (iii) to any person or entity who has been denied export privileges
by the U.S. government.
TERMINATION.
The license will terminate automatically if you fail to
comply with the limitations described above. On termination, you must destroy
all copies of the Product and Documentation.
MISCELLANEOUS
This EULA is governed by the laws of the State of Georgia, USA.
Should you have any questions concerning this EULA, or if
you desire to contact Snstuning for any reason, please contact the Snstuning
subsidiary serving your country, or write: Snstuning, 265 S colonial homes CIR
NW, Atlanta, GA 30309.
DISCLAIMER OF
WARRANTIES. To the maximum
extent permitted by applicable law, Snstuning and its suppliers provide the
Product and any (if any) support services related to the Product (“Support
Services”) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and
conditions, either express, implied or statutory, including, but not limited
to, any (if any) implied warranties or conditions of merchantability, of
fitness for a particular purpose, of lack of viruses, of accuracy or
completeness of responses, of results, and of lack of negligence or lack of
workmanlike effort, all with regard to the Product, and the provision of or
failure to provide Support Services.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO
THE PRODUCT. THE ENTIRE RISK AS TO THE
QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SUPPORT
SERVICES, IF ANY, REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. To the maximum extent
permitted by applicable law, in no event shall Snstuning or its suppliers be
liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits or
confidential or other information, for business interruption, for personal
injury, for loss of privacy, for failure to meet any duty including of good
faith or of reasonable care, for negligence, and for any other pecuniary or
other loss whatsoever) arising out of or in any way related to the use of or
inability to use the Product, the provision of or failure to provide Support
Services, or otherwise under or in connection with any provision of Agreement,
even in the event of the fault, tort (including negligence), strict liability,
breach of contract or breach of warranty of Snstuning or any supplier, and even
if Snstuning or any supplier has been advised of the possibility of such
damages.
LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any
damages that you might incur for any reason whatsoever (including, without
limitation, all damages referenced above and all direct or general damages),
the entire liability of Snstuning and any of its suppliers under any provision
of this Agreement and your exclusive remedy for all of the foregoing shall be
limited to the greater of the amount actually paid by you for the Product or
U.S.$5.00. The foregoing limitations,
exclusions and disclaimers shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential purpose.