User guide

97273 v.2.0 7
IMPORTANT-READ CAREFULLY: 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 Banks
iQ 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.
SOFTWARE LICENSE
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 Banks iQ, and Banks Automind
Programmer, (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 prots, 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.
END USER LICENSE AGREEMENT (EULA)