Important! Please READ!
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) later referred to as “LICENSEE” and Gale Banks Engineering (hereinafter referred to as “Company” for the software product related to the iDash and Banks AutoMind.
Programmer later referred to as “SOFTWARE.” By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not purchase, install or use the SOFTWARE.
Company or its suppliers may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold.
1 Grant of License
This EULA grants LICENSEE the following rights:
—LICENSEE may use this SOFTWARE. “Use” of the SOFTWARE means that LICENSEE has loaded, installed, updated and/ or run the SOFTWARE on to a iDash, (latter referred to generally as “devices” or “device”).
—LICENSEE may not simultaneously use the SOFTWARE on more than one device unless they have purchased multiply devices for multiple vehicles.
—LICENSEE may use this SOFTWARE in compliance with all applicable laws and not for any unlawful purpose. – LICENSEE may make a copy of the licensed SOFTWARE for backup purposes.
2 Description of Other Rights and Limitations
—LICENSEE may not reverse engineer, recompile, and disassembly, modify, translate the SOFTWARE and make any attempt to discover the source code of the SOFTWARE.
—LICENSEE may not transfer, sell, re-sell, offer for sale or distribute the SOFTWARE. The sale of and or distribution of copies of this SOFTWARE are strictly forbidden. It is a violation of this EULA to sell, loan, rent, lease, borrow, or transfer the use of copies of the SOFTWARE unless it is permitted by the terms and/or conditions of a separate agreement signed by Company.
3 Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES AND/ OR UPDATES ARE DISTRIBUTED and SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. LICENSEE USES THE SOFTWARE AT HIS/HER/ITS OWN RISK.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Company or its employees, contractors, agents, distributors or suppliers 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, loss of data, loss of business opportunity, loss or damages to property, injuries to any person or any pecuniary loss,) arising out of the use of or inability to use the SOFTWARE, even if Company has been advised on the possibility of such damages. In any case, Company’s entire liability under any provision of this EULA shall be limited EXCLUSIVELY TO PRODUCT REPLACEMENT.
4 Governing Law
This agreement shall be governed by laws of the State of California, U.S.A. applicable therein. You hereby irrevocably and submit to a court of proper jurisdiction in Los Angeles County, California, U.S.A., and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this license and not affect the validity and enforceability of any other provisions. Company reserves all rights not expressly granted here.
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not purchase, install or use the SOFTWARE.