IMPORTANT--READ CAREFULLY: This End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single
entity) and HP Tuners LLC for the software product accompanying
this EULA, which includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). By installing, copying, or
otherwise using the SOFTWARE 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, copy, or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed, not
This EULA grants you the following rights:
* SOFTWARE PRODUCT. The SOFTWARE PRODUCT consists of product
documentation, tools and utilities, miscellaneous technical
information, and software programs. HP Tuners LLC grants you the
right to install and use the SOFTWARE PRODUCT or any portion
thereof on a single computer. If you wish to use the SOFTWARE
PRODUCT on more than one computer, you must either erase the
software from the first computer when you move the SOFTWARE PRODUCT
to another computer, or else purchase two copies of the SOFTWARE
PRODUCT. You may execute the SOFTWARE PRODUCT from a common disk
shared by multiple computers provided that one authorized copy of
the SOFTWARE PRODUCT has been licensed for each computer executing
the SOFTWARE PRODUCT.
* Ownership of SOFTWARE PRODUCT. HP Tuners LLC retains the
copyright, title and ownership of the SOFTWARE PRODUCT regardless
of the form or media in or on which the original and other copies
may exist. You may make one (1) copy of the SOFTWARE PRODUCT solely
for backup purposes. You must reproduce and include the copyright
notice on the backup copy.
* Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not create a derivative work, reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT, except
and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
* Rental. You may not sublicense, sell, rent, or lease the SOFTWARE
* Separation of Components. The SOFTWARE PRODUCT is licensed as a
single product. Its component parts may not be separated for use on
more than one computer.
* Software Transfer. You may physically transfer the SOFTWARE
PRODUCT from one of your computers to another provided that the
SOFTWARE PRODUCT is used on only one computer at a time. You may
not distribute copies of the SOFTWARE PRODUCT or accompanying
written materials to others. You may not transfer the SOFTWARE
PRODUCT to anyone without the prior written consent of HP Tuners
* Termination. Without prejudice to any other rights, HP Tuners LLC
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 SOFTWARE PRODUCT and all of its component parts.
* Reserved rights. HP Tuners LLC reserves all rights not expressly
granted to you in this EULA.
All title and copyrights in and to the SOFTWARE PRODUCT (including
but not limited to any images, photographs, animations, video,
audio, music, text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of the
SOFTWARE PRODUCT are owned by HP Tuners LLC or its suppliers. The
SOFTWARE PRODUCT is protected by copyright laws and international
treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT
like any other copyrighted material. You may not copy the printed
materials, if any, accompanying the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software--Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is HP Tuners LLC / HP Tuners LLC P.O. Box
801057 Valencia, Ca 91380-1057
NO WARRANTY. THE SOFTWARE PRODUCT IS PROVIDED "AS-IS," WITHOUT
WARRANTY OF ANY KIND, AND ANY USE OF THE SOFTWARE PRODUCT IS AT
YOUR OWN RISK. HP TUNERS LLC DISCLAIMS ALL WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD
TO THE SOFTWARE PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL HP TUNERS
LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF HP
TUNERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL HP TUNERS LLC BE LIABLE FOR ANY COMPUTER DAMAGE,
VEHICLE DAMAGE, PERSONAL INJURY, DEATH, FINES, LAWSUITS,
PROSECUTION, LOST PROFITS, LOST DATA, INCORRECT DATA, ENVIRONMENTAL
DAMAGE, GOVERNMENT, LAW AND REGULATORY VIOLATIONS OR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR
INABILITY TO USE THE SOFTWARE PRODUCT.
THE SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN OPERATION OF MOTOR
VEHICLES AND/OR MACHINES WHERE THE USE, FAILURE OR MISUSE OF THE
SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR
ENVIRONMENTAL DAMAGE AND OR VIOLATE ANY ENVIRONMENTAL, SAFETY,
TRANSPORTATION OR OTHER LAWS OR REGULATIONS.
THE SOFTWARE PRODUCT IS NOT INTENDED TO BE USED AS A DEFEAT DEVICE
OF ANY DIAGNOSTIC SYSTEM OR CONTROL SYSTEM. IT IS THE USER'S
RESPONSIBILITY TO OBTAIN ANY CERTIFICATION, RECERTIFICATION OR NEW
CLASSIFICATIONS PERTAINING TO USE.
Some jurisdictions do not allow the limitation of incidental or
consequential damages, in all cases HP Tuners LLC total liability
to you for all damages will be the greater of the price you paid HP
Tuners LLC for the SOFTWARE PRODUCT or $1.00 US
If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder
of this License shall continue in full force and effect.
You may not assign or sublicense any rights granted to you under
this EULA without the prior written consent of HP Tuners LLC. HP
Tuners LLC may assign this Agreement without restriction.
No action, regardless of form, arising out of this EULA may be
brought by you more that one year after the cause of action has
You acknowledge that you have read this agreement, understand it,
and agree to be bound by its terms and conditions. Neither party
shall be bound by any statement or representation not contained in
this agreement. No change in this agreement is effective unless
written and signed by authorized representatives of each party.
This EULA is governed by the laws of the Commonwealth of Nevada.
Both Parties agree that the state and federal courts of Nevada will
have exclusive jurisdiction over all controversies regarding this
EULA. Both parties waive any right to assert any rights or defenses
within any other jurisdiction or to require that litigation
regarding this Agreement take place anywhere else.
Should you have any questions concerning this EULA, or if you
desire to contact HP Tuners LLC for any reason, write:
HP Tuners LLC
P.O. Box 801057
Valencia, Ca 91380-1057