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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 ToolRama hand-held computer unit (the
“Unit”), and ProgRama Tools, Inc., DiabloSport, LLC or ToolRama, LLC (collectively, “ToolRama”), as the manufacturer of the Product. The Product and
the Unit shall be referred to collectively here in 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 here to acknowledge that ToolRama is granting a non-transferable restricted license to Purchaser to use the
Product for the sole purpose of installation in Purchaser’s vehicle. ToolRama
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 ToolRama 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 ToolRama assumes no responsibility in such event. Any warranty
not provided here in, and any remedy which, but for this provision, might
arise by implication or operation of law, is here by excluded and disclaimed.
The implied warranties of merchantability and of fitness for any particular
purpose here in are expressly disclaimed.
4.
No Liability For Damages,
Injuries Or Incidental, Special Or Consequential Damages. Under
no circumstances shall ToolRama, Inc., DiabloSport, LLC or ToolRama, LLC,
or any other party related to ToolRama, 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. ToolRama’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 ToolRama
from all liability, claims and damages associated with the Products, with the
sole exception of ToolRama’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.
Not with standing the provisions of the End User
License Agreement, DiabloSport warrants the Product to be free from all defects
in material and workmanship for the life of the Product. 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.
6. State Law.
Some states do not allow limitations
of implied warranties, or the exclusion or limitation of incidental, special or
consequential damages, so the above limitations may not apply to you. In such
states, liability shall be limited to the greatest extent permitted by applicable
law.
7. Governing Law & Venue.
This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida, and venue for any
legal proceeding or action at law arising out of or construing this Agreement
shall lie in the state or federal courts of Orange County, Florida, and the parties
specifically waive any other venue.
DISCLAIMER
Not legal for sale or use on
any pollution controlled motor vehicles.
Legal in California only for racing vehicles
which may never be used upon a highway.
End User License Agreement, Warranty and Disclaimer
End User License Agreement,
Warranty and Disclaimer