User License Agreement


END-USER LICENSE AGREEMENT

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.

SOFTWARE PRODUCT LICENSE

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 sold.

1. GRANT OF LICENSE.

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.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* 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 PRODUCT.

* 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 LLC.

* 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.

3. COPYRIGHT.

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.

4. U.S. GOVERNMENT RESTRICTED RIGHTS.

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

5. LIMITED WARRANTY

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.

DISCLAIMER OF LIABILITY

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

MISCELLANEOUS

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 arisen.
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