Terms and Conditions

dialog_warningWARNING!
Use this software and/or hardware (system) with EXTREME caution! This system allows for total flexibility in engine tuning, however, misuse of this system can lead to major engine/vehicle damage. If you are not well versed in engine dynamics and the tuning of management systems or are not PC literate, please do not attempt installation/tuning with this software.

NOTE: We hold no responsibility for any engine damage that results from the misuse of this system!

This system is not for the tuning novice nor the PC illiterate! Misuse of this system WILL destroy your engine!

End-User License Agreement

By downloading software from this site, you agree to the following terms and conditions. If you do not agree with such terms and conditions do not download the software. The terms of an end user license agreement accompanying a particular software file, if any, upon installation or download of the software shall supersede the terms presented below.

The export and re-export of software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading or using the software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

If the software is designed for use with an application software product (the “Host Application”), you are granted a nonexclusive license to use such software with the Host Application only, provided you possess a valid license for the Host Application. Except as set forth below, such software is licensed to you subject to the terms and conditions of the End-User License Agreement from governing your use of the Host Application.

DISCLAIMER OF WARRANTIES: YOU AGREE THAT NO EXPRESS WARRANTIES HAVE BEEN MADE TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. WE SPECIFICALLY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.

LIMIT OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

THE HARDWARE, PROGRAM, AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, AND YOU AGREE TO USE THEM AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE OR NON-INFRINGEMENT.

You agree that any breach of this Agreement’s restrictions would cause us irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, You agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.

You agree that you shall not assign, rent, lease, sell, sublicense, pledge, encumber or otherwise transfer the software to another party.

You agree that this software and/or hardware will be used for non-commercial and/or personal use only. Any other use is not allowed or governed by this agreement.

You agree that the use of this software and/or hardware is for “off-road” and/or “race use” only and should never be used on public highways.

This page was posted on Friday, March 29th, 2013 at 1:32 pm by bfarnam and last modified on Saturday, July 6th, 2013 at 8:49 am by bfarnam