Banks Power Ford Trucks: (Diesel ’99 - 03 7.3L Power Stroke) Power Systems- PowerPack, Stinger-Plus, Stinger & Git-Kit '19991_2-2003 F-250 & F-350 Trucks and Excursions User Manual
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Section 2
END uSER LICENSE AGREEMENT (EuLA)
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 Banks iQ 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 Banks
iQ, and Banks Automind Programmer,
(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, disassemble, modify, translate
the SOFTWARE and/or 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.
-END, SECTION 2-