DiabloSport Predator User Manual User Manual

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End User License Agreement, Warranty and
Disclaimer

THIS END USER LICENSE AGREEMENT (the “Agreement”) is an
agreement between you, as the purchaser (the “Purchaser”)
of either the Diablo Module (the “Module”) or the hand-held
computer unit (the “Unit”), and as the manufacturer of the
Product DiabloSport (“DiabloSport”). The Product and the Unit
shall be referred to collectively herein as the “product” and
DiabloSport Inc. shall be referred to herein as “DiabloSport”.
1. Acknowledgment And Acceptance Of Agreement. If you do
not agree to the terms and conditions of this Agreement, do
not use the Product. Instead, promptly contact the distributor
from which you purchased the Product in writing, requesting
a refund of the purchase price. Any use of the Product by you
will constitute your agreement to the terms and conditions
contained herein.
2. Grant Of License. The parties hereto acknowledge that Dia-
bloSport is granting a non-transferable restricted license to Pur-
chaser to use the Product for the sole purpose of installation in
Purchaser’s vehicle. DiabloSport shall retain all title, ownership
rights and intellectual property rights in and to the Product.
Purchaser agrees that Purchaser shall not, directly or indirectly,
modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on the Product. Purchaser further
agrees not to permit any third parties to modify, translate,
reverse engineer, decompile, disassemble, or create derivative
works based on the Product.
3. Disclaimer. The Product is being sold with no warranties of
any kind, express or implied. The Product is not endorsed by
the manufacturer of your vehicle and there is no affiliation
between DiabloSport and the manufacturer of your vehicle.
Installation of the Product in your vehicle or use of the Prod-
uct with your vehicle may limit or void your rights under any
warranty provided by the manufacturer of your vehicle, and
DiabloSport assumes no responsibility in such event. Any
warranty not provided herein, and any remedy which, but for
this provision, might arise by implication or operation of law,
is hereby excluded and disclaimed. The implied warranties of
merchantability and of fitness for any particular purpose herein
are expressly disclaimed.

4. No Liability For Damages, Injuries Or Incidental, Special Or Con-
sequential Damages. Under no circumstances shall DiabloSport,
or any other party related to DiabloSport, be liable to Purchaser
or any other person for any damage to Purchaser’s vehicle, loss
of use of Purchaser’s vehicle, or for personal injuries suffered by
any person, or for any incidental, special or consequential da-
mages, whether arising out of negligence, breach of warranty,
breach of contract, or otherwise. DiabloSport’s liability for any
damages, loss and/or claims associated with the Product shall be
limited to the price of the Product paid by purchaser. Purchaser
hereby releases DiabloSport from all liability, claims and dam-
ages associated with the Products, with the sole exception of
DiabloSport’s liability for the refund of the purchase price of
the Product to Purchaser in the event that a court of competent
jurisdiction determines the Purchaser suffered damages directly
resulting from the malfunction of the Product.
5.Warranty. Notwithstanding the provisions of the End User
License Agreement, DiabloSport warrants the Product to be
free from all defects in material and workmanship for 2 years
from the date of original purchase. This limited warranty app-
lies only to the original Purchaser of the Product. This limited
warranty does not cover damage caused by modification, al-
teration, repair or service of the Product by anyone other than
DiabloSport, physical abuse, misuse, use in a manner contrary to
the instructions, which accompany the Product, or any damage
caused by acts of God. Contacting your Distributor or Dealer
may make claims for repair service or replacement of the Pro-
duct pursuant to this limited warranty. The Chip will either be
repaired or replaced, at the option of DiabloSport, at no cost
to Purchaser, if the defective Product is covered by this limited
warranty. DiabloSport’s liability pursuant to this limited war-
ranty and for any damages, loss and/or claims associated with
the Product shall be limited to the price of the Product paid by
Purchaser, or, at DiabloSport’s option, repair or replacement of
the Product.

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