This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ECMTuning, Inc. for all ECMTuning, Inc. Software Products, which includes desktop, laptop, or hand held device software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product") and all ECMTuning, Inc. Hardware Products which includes all physical hardware including but not limited to chip devices, cables and adapters ("Hardware Product"). An amendment or addendum to this EULA may accompany the either the Software Product or the Hardware Product (collectively referred to as "Product").
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.
GRANT OF LICENSE
ECMTuning, Inc. grants you the following rights provided that you comply with all terms and conditions of this EULA:
Installation and use. You may install, use, access, display and run multiple copies of the Software Product on an unlimited number of computers, such as a workstations, laptops or other device ("Workstation Computer") owned or operated by you for the purpose of using the ECMLink product as its creators intended. You may not use the Software Product in any other manner or as part of any other product. You may not use any portion of the Software Product in any other product.
Distribution. ECMTuning, Inc. reserves all rights related to distribution of the Software Product and all derivative works. You may not make any version of the Software Product available for download for any reason. You may not distribute versions of the Software Product in any form for any reason, whether modified or not.
Reservation of Rights. ECMTuning, Inc. reserves all rights not expressly granted to you in this EULA.
UPGRADES
To use a Product identified as an upgrade, you must first own a product identified by ECMTuning, Inc. as eligible for the upgrade.
ADDITIONAL SOFTWARE
This EULA applies to updates or supplements to the original Product provided by ECMTuning, Inc. unless we provide other terms along with the update or supplement.
TRANSFER
The Hardware Product must be resold or officially transferred. It may not be rented or leased out to any Third Party in exchange for monetary compensation.
LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
TERMINATION
Without prejudice to any other rights, ECMTuning, Inc. may cancel this EULA at anytime and without notice if you do not abide by the terms and conditions of this EULA, or the terms and conditions of any other agreement with ECMTuning, Inc., it's partners, affiliates, or resellers, in which case you must destroy all copies of the Product and all of its component parts.
CONSENT TO USE OF DATA
You agree that ECMTuning, Inc. and its affiliates may collect and use technical information you provide as a part of support services related to the Product. ECMTuning, Inc. agrees not to use this information in a form that personally identifies you.
LIMITED WARRANTY FOR SOFTWARE AND HARDWARE PRODUCTS ACQUIRED IN THE US
ECMTuning, Inc. warrants that the Product will perform substantially in accordance with the accompanying materials. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY. AS TO ANY DEFECTS DISCOVERED AFTER THE LIMITED WARRANTY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software/Hardware Product, including without limitation, any (if any) hot fixes provided to you after the expiration of the Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by ECMTuning, Inc., YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software/Hardware Product does not meet ECMTuning, Inc.'s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 10 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. ECMTuning, Inc.'s and its suppliers' entire liability and your exclusive remedy shall be, at ECMTuning, Inc.'s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software/Hardware Product, or (b) repair or replacement of the Software/Hardware Product, that does not meet this Limited Warranty and that is returned to ECMTuning, Inc. with a copy of your receipt. You will receive the remedy elected by ECMTuning, Inc. without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software/Hardware Product to ECMTuning, Inc. Software, Inc.). This Limited Warranty is void if failure of the Software/Hardware Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software/Hardware Product will be warranted for the remainder of the original warranty period or fourteen (14) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by ECMTuning, Inc. are available without proof of purchase from an authorized source. To exercise your remedy, contact: ECMTuning, Inc. Attn. Sales Department 1517 W Patrick Street B-13, Frederick Maryland 21702 USA
DISCLAIMER OF WARRANTIES
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, ECMTuning, Inc. and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECMTUNING, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ECMTUNING, INC. OR ANY SUPPLIER, AND EVEN IF ECMTUNING, INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ECMTuning, Inc. and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by ECMTuning, Inc. with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Product. The foregoing limitations, exclusions and disclaimers (including Sections 8, 9 and 10 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
The entire liability of the Company, if any, and your exclusive remedy are as set forth herein. In all situations involving performance or nonperformance of hardware, software, or any programming furnished to the user by ECMTuning, Inc., your remedy is the Company's adjustment or repair of the hardware, or software, or replacement of same, or correction of programming errors caused thereby. If after repeated efforts, the Company is unable to install the nonperforming part, or a replacement in good working order, or to restore it to good working order, or correct programming errors, all as warranted, you are entitled to recover actual damages to the limits set forth herein. For any other claim concerning the Company's performance or nonperformance under, or related in any other way to use of this Product, or any order under it, you are entitled to recover actual damages to the limits set forth herein.
In addition, the Company will not be liable for any damages claimed by you based on any third party claim. Such claims of third parties include, but are not limited to, claims for misdiagnosed malfunctions or repairs, misuse of diagnostic software and the like. The Company is not liable for any damaged caused by performance or nonperformance of its hardware, software, or programming vended outside the United States or Puerto Rico. In no event will the Company be liable for any damages caused by your failure to perform your responsibilities. The Company is not liable for loss caused by, nor will it have any obligation to you with respect to any claim based upon your modification of its hardware, software, programming or combination thereof, nor will the company bear any obligation to you for your failure to use the product as instructed. The remedies expressed in this clause are the sole and exclusive remedies available.
APPLICABLE LAW
If you acquired this Software/Hardware Product in the United States, this EULA is governed by the laws of the State of Maryland.
ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA which is included with the Software/Hardware Product) are the entire agreement between you and ECMTuning, Inc. relating to the Software/Hardware Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software/Hardware Product or any other subject matter covered by this EULA. To the extent the terms of any ECMTuning, Inc. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
COPYRIGHT AND INTELLECTUAL PROPERTY
The Software/Hardware Product is protected by copyright and other intellectual property laws and treaties. ECMTuning, Inc. or its suppliers own the title, copyright, and other intellectual property rights in the Software/Hardware Product.