End User License Agreement (Eula) - banks iDash 1.8 DataMonster Owner's Manual

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) later referred to
as "LICENSEE" and Gale Banks Engineering
(hereinafter referred to as "Company" for the
software product related to the iDash and
Banks AutoMind.
Programmer later referred to as "SOFTWARE".
By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by the
terms of this EULA. If you do not agree to the
terms of this EULA, do not purchase, install or
use the SOFTWARE.
Company or its suppliers may have patents,
patent applications, trademarks, copyrights,
or other intellectual property rights covering
subject matter in this document. The
furnishing of this document does not give
you any license to these patents, trademarks,
copyrights, or other intellectual property.
SOFTWARE LICENSE
Copyright laws and international copyright
treaties, as well as other intellectual property
laws and treaties protect the SOFTWARE. The
SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants LICENSEE the following
rights:
—LICENSEE may use this SOFTWARE. "Use"
of the SOFTWARE means that LICENSEE has
loaded, installed, updated and/ or run the
SOFTWARE on to a iDash, (latter referred to
generally as "devices" or "device").
—LICENSEE may not simultaneously use the
SOFTWARE on more than one device unless
they have purchased multiply devices for
multiple vehicles.
—LICENSEE may use this SOFTWARE in
compliance with all applicable laws and not for
any unlawful purpose. - LICENSEE may make
a copy of the licensed SOFTWARE for backup
purposes.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
—LICENSEE may not reverse engineer,
recompile, and disassembly, modify, translate
the SOFTWARE and make any attempt to
discover the source code of the SOFTWARE.
—LICENSEE may not transfer, sell, re-sell,
offer for sale or distribute the SOFTWARE.
The sale of and or distribution of copies of
this SOFTWARE are strictly forbidden. It is a
violation of this EULA to sell, loan, rent, lease,
borrow, or transfer the use of copies of the
SOFTWARE unless it is permitted by the terms
and/or conditions of a separate agreement
signed by Company.
3. DISCLAIMER OF WARRANTY.
THIS SOFTWARE AND THE ACCOMPANYING
FILES AND/ OR UPDATES ARE DISTRIBUTED
and SOLD "AS IS" AND WITHOUT WARRANTIES
AS TO PERFORMANCE OR MERCHANTABILITY
OR ANY OTHER WARRANTIES WHETHER
EXPRESSED OR IMPLIED. LICENSEE USES THE
SOFTWARE AT HIS/HER/ITS OWN RISK.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by
applicable law, in no event shall Company or
its employees, contractors, agents, distributors
or suppliers 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, loss
of data, loss of business opportunity, loss or
damages to property, injuries to any person
or any pecuniary loss,) arising out of the use
of or inability to use the SOFTWARE, even if
Company has been advised on the possibility
of such damages. In any case, Company's
entire liability under any provision of this EULA
shall be limited EXCLUSIVELY TO PRODUCT
REPLACEMENT.
4. GOVERNING LAW
This agreement shall be governed by laws
of the State of California, U.S.A. applicable
therein. You hereby irrevocably and submit
to a court of proper jurisdiction in Los
Angeles County, California, U.S.A., and any
competent Courts of Appeal therefrom. If any
provision shall be considered unlawful, void or
otherwise unenforceable, then that provision
shall be deemed severable from this license
and not affect the validity and enforceability
of any other provisions. Company reserves all
rights not expressly granted here.
ACKNOWLEDGEMENT
By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by the
terms of this EULA. If you do not agree to the
terms of this EULA, do not purchase, install or
use the SOFTWARE.
(EULA)
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