DiabloSport Predator, Руководство пользователя

Страница: 2 / 36

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. The Product and the Unit shall
be referred to collectively herein as the “Product.”
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 DiabloSport
Inc. is granting a non-transferable restricted license to Purchaser to use
the Product for the sole purpose of installation in Purchaser’s vehicle.
DiabloSport Inc. 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, de-
compile, 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 Inc. and
the manufacturer of your vehicle. Installation of the Product in your
vehicle or use of the Product with your vehicle may limit or void your
rights under any warranty provided by the manufacturer of your vehicle,
and DiabloSport Inc. assumes no responsibility in such event. Any war-
ranty 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 Conse-
quential Damages. Under no circumstances shall DiabloSport Inc., or
any other party related to DiabloSport Inc., 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 damages, whether arising
out of negligence, breach of warranty, breach of contract, or otherwise.
DiabloSport Inc.’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 Inc. from all liability,
claims and damages associated with the Products, with the sole exception
of DiabloSport Inc.’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 applies only to the original Purchaser
of the Product. This limited warranty does not cover damage caused by
modification, alteration, 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 Product 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 warranty 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.
Warranty Information
a. DiabloSport offers a 30 day satisfaction guarantee on all products.
b. DiabloSport products carry a 2 year warranty against defects in materi-
als or workmanship.
i. DiabloSports liability under this warranty shall be limited to the cor-
rection or replacement of any defective part or product in question
which DiabloSport determines to be necessary.
ii. Warranty freight charges are the responsibility of the dealer dis-
tributor and/or customer.
iii. This warranty is to the original purchaser and is non transferable.
iv. This warranty is void unless proof of purchase is submitted.
v. Removal of serial numbers and/or alteration of product or packaging
will also void all warranties.
c. DiabloSport shall not be held responsible for direct or indirect failures
due to our product.