Banks Power Ford Trucks: (Diesel ’99 - 03 7.3L Power Stroke) Power Systems- PowerPack, Stinger-Plus, Stinger & Git-Kit '19991_2-2003 F-250 & F-350 Trucks and Excursions User Manual

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96336 v.10.0

Section 2

END uSER LICENSE AGREEMENT (EuLA)

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, disassemble, modify, translate

the SOFTWARE and/or 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.

ACKNOWLEDGEMENT
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.

-END, SECTION 2-

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