NIStune TYPE 1 V.3.5 - Manual (Page 33)

Nistune Type 1 Hardware Installation Page 33 of 33
For the avoidance of doubt, this indemnity shall extend (without limitation) to any third party claims against us, any loss or damage to
property, and any injury to, or death of, any person.
7. INDEMNITY
You indemnify us against all claims, losses, costs, liability and damages which we may incur, whether directly or indirectly, in
connection with or arising from:
any negligent act, omission or wilful misconduct by you or your officers, employees, subcontractors or agents in the use of the
Software or Hardware;
any defect in your installation of the Software or Hardware, or your use of the Software or Hardware; or
your breach of the Terms.
For the avoidance of doubt, this indemnity shall extend (without limitation) to any third party claims against us, any loss or damage to
property, and any injury to, or death of, any person.
8. UPDATES
Nistune Developments may, from time to time, revise or update the Software or Hardware. In so doing, Nistune Developments incurs
no obligation to furnish such revision or updates to you.
9. WARRANTY
The author of this Software has verified as best as possible that the main features and functions of the Software and Hardware work
as described when used normally on compatible equipment. Due to the complexity of computer software, we can not guarantee that
the software or documents do not contain errors or works without intermissions on any equipment and software configuration. To the
extent permitted by law and except as set out in this Agreement, all express or implied warranties, guarantees and conditions relating
to the Software and Hardware, however arising, are excluded.
10. 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 SOFTWARE OR HARDWARE, 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 SOFTWARE OR HARDWARE
THE SOFTWARE AND HARDWARE IS NOT INTENDED FOR USE IN OPERATION OF MOTOR VEHICLES AND/OR MACHINES
WHERE THE USE, FAILURE OR MISUSE OF THE SOFTWARE OR HARDWARE 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 SOFTWARE AND HARDWARE. IF ANY WARRANTY OR CONDITION IS IMPLIED BY THE TRADE
PRACTICES ACT 1974 (CTH) OR OTHER RELEVANT LEGISLATION WHICH MAY NOT BE EXCLUDED THEN OUR LIABILITY
OF ANY BREACH OF SUCH AN IMPLIED WARRANTY IS LIMITED SOLELY TO THE RESUPPLY OF THE RELEVANT GOOD OR
SERVICE OR PAYMENT TO YOU OF THE COST OF HAVING THE GOOD OR SERVICE PROVIDED AGAIN (AT OUR OPTION) .
SOFTWARE AND HARDWARE INSTALLATION REMAINS THE SOLE RESPONSIBILITY OF THE VEHICLE OWNER.
11. GENERAL
This License is personal between you and Nistune Developments. It is not transferable except in accordance with this Agreement,
and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder, is void. This
Agreement and the conduct of the parties hereto shall be governed by the laws of South 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 SOFTWARE AND HARDWARE.