NIStune Type 1 Software QuickStart Manual Page 3 of 3
IMPORTANT INFORMATION
Nistune Developments has performed necessary measures to ensure that the Nistune software and boards are built to high standards. However Nistune Developments
will not be held responsible for any damages which may arise from the use or misuse of this product. By using this product you agree to the following terms:
IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between you and Nistune Developments for the software product Nistune. The
software product includes computer software, the media belonging to it, printed materials and electronic documentation. With installing, copying or any other use of
this software product, you agree to the terms of this agreement. If you do not agree to the terms of this agreement, you are not allowed to use or copy this software
product. Further you are required to remove the software product from you computer.
1. GRANT OF LICENSE
You are granted a license as a single user of this software. You are allowed to install and use this software freely. However you may not install this software for another
user and may only make a single backup. The software may be installed on multiple machines belonging to the single user whilst those machines remain property of
that single user. Regardless of other rights, the author of the software product is allowed to terminate this license agreement if you offend against the determinations
and conditions of this agreement. If so, you will have to remove all copies of the Software and its components.
2. COPYRIGHT
You may not copy, modify or distribute the Software except under the terms given in this licence document. You may not sublicense the Software or in any way place
it under any other licence than this one. The Software is protected by copyright laws of the Australia and international copyright treaties. Copyright and property right
of the software product are set to the authors of the software. You do not purchase any rights on the Software except those called in this license agreement.
3. TERM
Your license is effective upon your acceptance of this agreement and installing the Licensed Product. You may terminate it at any time by destroying the Licensed
Product together with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this
Agreement. You agree upon such termination to destroy all copies of the Licensed Product in any form in your possession or under your control.
4. DECOMPILING
You agree not to reverse engineer the Software, change, spilt, decompile, disassemble or translate the Software in part or in whole, without prior written consent from
Nistune Developments.
5. UPDATES
Nistune Developments may, from time to time, revise or update the product. In so doing, Nistune Developments incurs no obligation to furnish such revision or updates
to you.
6. WARRANTY
The author of this Software has verified as best as possible to make sure the main features and functions work as described while normal usage on compatible
equipment. Due to the complexity of computer software, we can not guarantee that the software or documents does not contain errors or works without intermissions on
any equipment and software configuration. The Software and the documentation are distributed in the state as present and you accept all risks with the usage. The
author does not take any warranty either express or implied to the software or the documentation about its fitness generally or its qualification for special purposes
except those warranties that have to be applied through obliged laws and that cannot be excluded. You know that you have to regularly backup your data and that you
have to affect additional security provisions if a software error is supposed. The entire risk as to the quality and performance of the Software is with you. Should the
Software prove defective, you assume the cost of all necessary servicing, repair, legal defence, punishment, damages or correction.
NISTUNE DEVELOPMENTS OFFERS NO WARRANTY OF PERFORMANCE, EXPRESS OR IMPLIED, WITH REGARD TO THE LICENSED PRODUCT
AND ALL ACCOMPANYING MATERIALS. NISTUNE DEVELOPMENTS FURTHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
REGARD TO THE LICENSED PRODUCT AND ALL ACCOMPANYING MATERIALS.
7. DISCLAIMER OF LIABILITY
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL NISTUNE DEVELOPMENTS 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 NISTUNE PRODUCT, EVEN IF NISTUNE DEVELOPMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL NISTUNE DEVELOPMENTS 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 NISTUNE PRODUCT.
THE NISTUNE 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.
IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY CERTIFICATION, RECERTIFICATION OR NEW CLASSIFICATIONS PERTAINING TO USE OF
THE NISTUNE PRODUCT. WHERE THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED,
NISTUNE DEVELOPMENTS TOTAL LIABLITY TO YOU FOR ALL DAMAGES WILL NOT EXCEED $1.00 AUD. NISTUNE PRODUCT INSTALLATION
REMAINS THE SOLE RESPONSIBILITY OF THE VEHICLE OWNER.
8. GENERAL
This License is personal between you and Nistune Developments. It is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the
rights, duties or obligations hereunder, except as provided in Section 2, above, is void. This Agreement and the conduct of the parties hereto shall be governed by the
laws of the Australia.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND
NISTUNE DEVELOPMENTS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN YOU AND NISTUNE DEVELOPMENTS RELATING TO THE PRODUCT.
