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.

  1. GRANT OF LICENSE. This EULA grants you the following rights:
  1. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
  1. 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.
  2. 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 / 27 Delray Drive / Haverhill, MA. 01832

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 USER’S 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 / 27 Delray Drive / Haverhill, MA. 01832.

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