This application is subject to
the following END-USER LICENSE AGREEMENT. To use this application
you must read and agree with the license terms.
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)
and Carputing LLC for the software and hardware product
accompanying this EULA, which includes computer software, all
cabling hardware, and may include associated media, printed
materials, and "online" or electronic documentation
("SOFTWARE AND HARDWARE PRODUCT"). By installing,
copying, or otherwise using the SOFTWARE AND HARDWARE PRODUCT ,
you agree to be bound by the terms of this EULA. If you do not
agree to the terms of this EULA, do not install, copy, or use the
SOFTWARE AND HARDWARE PRODUCT.
SOFTWARE AND HARDWARE PRODUCT LICENSE
The SOFTWARE AND HARDWARE
PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws
and treaties. The SOFTWARE AND HARDWARE PRODUCT is licensed, not
sold.
- GRANT OF LICENSE.
This EULA grants you the following rights:
- SOFTWARE AND HARDWARE
PRODUCT. The SOFTWARE AND HARDWARE PRODUCT consists of
product documentation, tools and utilities, miscellaneous
technical information, hardware cabling, and software
programs. Carputing LLC grants you the right to install
and use the SOFTWARE AND HARDWARE PRODUCT or any portion
thereof on a single computer. If you wish to use the
SOFTWARE AND HARDWARE PRODUCT on more than one computer,
you must either erase the software from the first
computer when you move the SOFTWARE AND HARDWARE PRODUCT
to another computer, or else purchase two copies of the
SOFTWARE AND HARDWARE PRODUCT. You may execute the
SOFTWARE PRODUCT from a common disk shared by multiple
computers provided that one authorized copy of the
SOFTWARE AND HARDWARE PRODUCT has been licensed for each
computer executing the SOFTWARE AND HARDWARE PRODUCT.
- Ownership of SOFTWARE
AND HARDWARE PRODUCT. Carputing LLC retains the
copyright, title and ownership of the SOFTWARE AND
HARDWARE PRODUCT regardless of the form or media in or on
which the original and other copies may exist. You may
make one (1) copy of the SOFTWARE PRODUCT solely for
backup purposes. You must reproduce and include the
copyright notice on the backup copy.
- DESCRIPTION OF OTHER
RIGHTS AND LIMITATIONS.
- Limitations on Reverse
Engineering, Decompilation, and Disassembly. You may
not reverse engineer, decompile, or disassemble the
SOFTWARE AND HARDWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by
applicable law notwithstanding this limitation. You may
not reverse engineer, design, build, copy, or sell the
SOFTWARE AND HARDWARE PRODUCT, except and only to the
extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
- Rental. You may not
sell, rent, or lease the SOFTWARE AND HARDWARE PRODUCT.
- Separation of
Components. The SOFTWARE AND HARDWARE PRODUCT is
licensed as a single product. Its component parts may not
be separated for use on more than one computer.
- Software Transfer.
You may physically transfer the SOFTWARE AND HARDWARE
PRODUCT from one of your computers to another provided
that the SOFTWARE AND HARDWARE PRODUCT is used on only
one computer at a time. You may not distribute copies of
the SOFTWARE AND HARDWARE PRODUCT or accompanying written
materials to others. You may not transfer the SOFTWARE
AND HARDWARE PRODUCT to anyone without the prior written
consent of Carputing LLC.
- Termination. Without
prejudice to any other rights, Carputing LLC may
terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must
return or destroy all copies of the SOFTWARE AND HARDWARE
PRODUCT and all of its component parts.
- COPYRIGHT. All title
and copyrights in and to the SOFTWARE AND HARDWARE
PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text, and
"applets" incorporated into the SOFTWARE AND
HARDWARE PRODUCT), the accompanying printed materials,
and any copies of the SOFTWARE AND HARDWARE PRODUCT are
owned by Carputing LLC or its suppliers. The SOFTWARE AND
HARDWARE PRODUCT is protected by copyright laws and
international treaty provisions. Therefore, you must
treat the SOFTWARE AND HARDWARE PRODUCT like any other
copyrighted material. You may not copy the printed
materials, if any, accompanying the SOFTWARE AND HARDWARE
PRODUCT. You may not copy the cable hardware included
with the SOFTWARE AND HARDWARE PRODUCT.
- U.S. GOVERNMENT
RESTRICTED RIGHTS. The SOFTWARE AND HARDWARE PRODUCT
and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer
Software--Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Carputing LLC / 5 Nicholas
Circle / Andover, MA. 01810
LIMITED WARRANTY
NO WARRANTY.
THE SOFTWARE AND HARDWARE PRODUCT IS PROVIDED "AS-IS,"
WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE SOFTWARE AND
HARDWARE PRODUCT IS AT YOUR OWN RISK. CARPUTING LLC DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND HARDWARE
PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE AND HARDWARE PRODUCT REMAINS WITH YOU.
DISCLAIMER OF LIABILITY
NO LIABILITY FOR
CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CARPUTING LLC
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, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SOFTWARE AND HARDWARE PRODUCT, EVEN IF
CARPUTING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT WILL CARPUTING
LLC BE LIABLE FOR ANY COMPUTER DAMAGE, VEHICLE DAMAGE, PERSONAL
INJURY, DEATH, FINES, LAWSUITS, PROSECUTION, LOST PROFITS, LOST
DATA, INCORRECT DATA, ENVIRONMENTAL DAMAGE, GOVERNMENT, LAW AND
REGULATORY VIOLATIONS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE AND
HARDWARE PRODUCT.
THE SOFTWARE AND HARDWARE
PRODUCT IS NOT INTENDED FOR USE IN OPERATION OF MOTOR VEHICLES
AND/OR MACHINES WHERE THE USE, FAILURE OR MISUSE OF THE SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL
DAMAGE AND OR VIOLATE ANY ENVIRONMENTAL, SAFETY, TRANSPORTATION
OR OTHER LAWS OR REGULATIONS.
THE SOFTWARE AND HARDWARE
PRODUCT IS NOT INTENDED TO BE USED AS A DEFEAT DEVICE OF ANY
DIAGNOSTIC SYSTEM OR CONTROL SYSTEM. IT IS THE USERS
RESPONSIBILITY TO OBTAIN ANY CERTIFICATION, RECERTIFICATION OR
NEW CLASSIFICATIONS PERTAINING TO USE.
Some jurisdictions do not allow
the limitation of incidental or consequential damages, in all
cases Carputing LLC total liability to you for all damages will
not exceed $1.00 US
MISCELLANEOUS
If for any reason a court of
competent jurisdiction finds any provision, or portion thereof,
to be unenforceable, the remainder of this License shall continue
in full force and effect.
You acknowledge that you have
read this agreement, understand it, and agree to be bound by its
terms and conditions. Neither party shall be bound by any
statement or representation not contained in this agreement. No
change in this agreement is effective unless written and signed
by authorized representatives of each party.
This EULA is governed by the
laws of the Commonwealth of Massachusetts.
Should you have any questions
concerning this EULA, or if you desire to contact Carputing LLC
for any reason, write: Carputing LLC / 5 Nicholas Circle /
Andover, MA. 01810.
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