NIStune Feature Pack V.1 User Manual

Page 27

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Page 27 of 27

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 your 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 cannot 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.

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