  |
|||||
 |
 |
||||
 |
|||||
 |
END-USER LICENSE AGREEMENT |
 |
|||
 |
|||||
 |
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DiabLew Tune for the TUNE PRODUCT/SERVICE accompanying this EULA, which can include a physical hardware tuning device ("TOOL") and/or computer/programmer vehicle tune files ("TUNE"), and may include associated media, printed materials, and "online" or electronic documentation (collectively the "TUNE PRODUCT"). By purchasing, installing, copying, or otherwise using the TUNE PRODUCT, 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, copy, or use the TUNE PRODUCT. Regarding headers, high-flow cats, or no cats -- I can get the tune adjusted and dialed in correctly for those mods (airflow, fueling, etc.)... ----- BUT - I can not do anything about the trouble codes you will have or about the CEL being on - I can not disable any trouble codes or any emissions-related items/settings... --- Like most places these days, I CAN NOT, and WILL NOT do anything about any trouble codes you have or about the CEL being on, for having headers and high-flow cats, or no cats at all, etc... That has become a BIG NO-NO with the E-P-A in the past couple of years, and they are coming down HARD now on places that do that - places that remove cats, O2 sensors, manufacturers that sell cat-delete pipes, places that do tuning and disable cat converter/rear o2 sensor stuff, etc... They are fining them 10's of thousands of $$$ to over a few million $$$ - and places are having to shut down/go out of business... So I will NOT disable any cat converter, O2 sensor, or ANY emissions-related trouble codes... You will just have to live with the codes/CEL, or find some other way around it (like rear o2 sensor simulators, anti-foulers)... So just letting you know up-front that I can not, and will not, touch any emissions-related items in a tune. I don't calibrate for NOS systems, that's up to the owner, as there's too much risk of engine failure and is apparently always the tuner's fault, heh. I do not support or offer pops/bangs, burble, back-fire, flames, or ghost cam car-show garbage/nonsense! I tune the vehicle the CORRECT way! 1. GRANT OF LICENSE. This EULA grants you the following rights: 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not create a derivative work, reverse engineer, decompile, or disassemble the TUNE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Rental. You may not sublicense, sell, rent, or lease the TUNE PRODUCT. * The TUNE PRODUCT is licensed as a single product. It may not be used on more than one vehicle. * You may not distribute copies of the TUNE PRODUCT to others. You may not transfer the TUNE PRODUCT to anyone without the prior written consent of DiabLew Tune. * Custom Tuning services are non-transferable. Free tune update period of 1 year (or 6 months) granted to original purchaser, is non-transferable to new owner of previously tuned vehicle. New owner of previously tuned vehicle is reponsible for full new vehicle tune cost. * Termination. Without prejudice to any other rights, DiabLew Tune may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the TUNE PRODUCT. * Reserved rights. DiabLew Tune reserves all rights not expressly granted to you in this EULA. 3. COPYRIGHT. All title and copyrights in and to the "TUNE", and any copies of the "TUNE" are owned by DiabLew Tune. The TUNE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the TUNE PRODUCT like any other copyrighted material. 4. LIMITED WARRANTY NO WARRANTY. THE TUNE PRODUCT IS PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE TUNE PRODUCT IS AT YOUR OWN RISK. DiabLew Tune DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE TUNE PRODUCT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE TUNE PRODUCT REMAINS WITH YOU. 5. DISCLAIMER OF LIABILITY NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL DiabLew Tune 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 VEHICLE USE, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TUNE PRODUCT, EVEN IF DiabLew Tune HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DiabLew Tune 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 TUNE PRODUCT. THE TUNE 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. THE TUNE PRODUCT IS NOT INTENDED TO BE USED AS A DEFEAT DEVICE OF ANY DIAGNOSTIC SYSTEM OR CONTROL SYSTEM. IT IS THE USER'S RESPONSIBILITY TO OBTAIN ANY CERTIFICATION, RECERTIFICATION OR NEW CLASSIFICATIONS PERTAINING TO USE. Some jurisdictions do not allow the limitation of incidental or consequential damages. In all cases, DiabLew Tune total liability to you will be 25% of the price you paid DiabLew Tune for the "TUNE" only! NO EXCEPTIONS! The "TOOL" is not a DiabLew Tune product and any liability/damages resulting from use of the TOOL is between you and the TOOL manufacturer. 6. REFUNDS/CANCELLATION OF CUSTOM TUNING If you purchased custom tuning, either separately or as part of a package deal with a programmer, you MUST use said custom tuning services within 6 months of order. If it has been longer than 6 months since custom tune/package deal order, and you have not gotten the custom tune done, then you forfeit the cost previously paid for the custom tuning. You must then pay the custom tuning cost of $175 USD in order to receive a custom tune! * NO EXCEPTIONS! * If you wish to cancel your custom tuning order, AND it has been before 6 months of the custom tune/package-deal purchase, AND has been before the 1st custom tune has been completed/emailed to you, your refund will have my bank/payment processing fees deducted from it. * NO EXCEPTIONS! * Bank/payment processing fees are non-refundable and will be deducted from any refund amount due! HOWEVER, If you have already received a custom tune file from me (I save all emails), I have already put my work, knowledge, and time into it, so there are NO REFUNDS AT ALL! * NO EXCEPTIONS! * 7. REFUNDS/RETURNS OF DIABLOSPORT PROGRAMMER The DiabloSport Programmer/Tool is not a product of DiabLew Tune. If there is a physical/mechanical/functionality issue with the DiabloSport programmer/tool, this is covered under DiabloSport's 1-year manufacturer warranty and you need to contact DiabloSport directly concerning such issues/repair. If you've simply changed your mind, or ordered the wrong part without requesting advice, does not meet your expectations, or if there is a functionality issue with the tool that you have not elected to have DiabloSport repair/fix, etc. and you simply wish to return it - then this is not DiabLew Tune's fault and we must recoup the cost of the transaction and bank fees that we've encountered - and as such, ANY AND ALL RETURNS ARE SUBJECT TO A 20% RESTOCKING FEE! * NO EXCEPTIONS! * Restocking fee will be deducted from any refund amount due! Bank/payment processing fees are non-refundable and will be deducted from any refund amount due! * NO EXCEPTIONS! * All returns require prior authorizations and an RMA number, please contact us first to arrange details. Unauthorized returns will typically be rejected. Shipping charges are non-refundable and will be deducted from any refund amount due! THERE ARE NO RETURNS/REFUNDS AFTER 30 DAYS! * NO EXCEPTIONS! * 8. REFUNDS/RETURNS OF COLD AIR INDUCTIONS, INC. COLD AIR INTAKES The COLD AIR INTAKE is not a product of DiabLew Tune. If there is a physical/mechanical/functionality issue with the CAI cold air intake system, this is covered under CAI's manufacturer warranty and you need to contact them directly concerning such issues/repair. If you've simply changed your mind, or ordered the wrong part without requesting advice, does not meet your expectations, etc and you simply wish to return it - then this is not DiabLew Tune's fault and we must recoup the cost of the transaction and fees that we've encountered - and as such, ANY AND ALL CAI RETURNS ARE SUBJECT TO A 20% RESTOCKING FEE! * NO EXCEPTIONS! * Restocking fee will be deducted from any refund amount due! All returns require prior authorizations and an RMA number, please contact us first to arrange details. Unauthorized returns will typically be rejected. Shipping charges are non-refundable and will be deducted from any refund amount due! 9. MISCELLANEOUS ANY AND ALL PRODUCT RETURNS ARE SUBJECT TO A 20% RESTOCKING FEE! (CAI, Programmer, Exhaust, ANYTHING!) * NO EXCEPTIONS! * Restocking fee will be deducted from any refund amount due! All returns require prior authorizations and an RMA number, please contact us first to arrange details. Unauthorized returns will typically be rejected. Shipping charges are non-refundable and will be deducted from any refund amount due! Any and all returns/refunds will have my bank/payment processing fees deducted from it - these are fees I had to pay the bank/payment processor myself on the original transaction, and are not refundable. * NO EXCEPTIONS! * Bank/payment processing fees are non-refundable and will be deducted from any refund amount due! CANADA / INTERNATIONAL ORDERS: We do NOT collect any VAT or Customs/Brokerage fees for any shipping/delivery charges. Paying any/either of these fees is the responsibility the buyer (you). Custom Tuning services are non-transferable. Free tune update period of 1 year (or 6 months) granted to original purchaser, is non-transferable to new owner of previously tuned vehicle. New owner of previously tuned vehicle is reponsible for full new vehicle tune cost. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. You may not assign or sublicense any rights granted to you under this EULA without the prior written consent of DiabLew Tune. DiabLew Tune may assign this Agreement without restriction. No action, regardless of form, arising out of this EULA may be brought by you more than one month after the cause of action has arisen. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. Neither party shall be bound by any statement or representation not contained in this agreement. No change in this agreement is effective unless written and signed by authorized representatives of each party. |
 |
|||
 |
 |
||||
| This EULA is governed by the laws of the State of Connecticut. Both Parties agree that the state and federal courts of Connecticut will have exclusive jurisdiction over all controversies regarding this EULA. Both parties waive any right to assert any rights or defenses within any other jurisdiction or to require that litigation regarding this Agreement take place anywhere else. | |||||
 |
|
|
|
|
|
© Content of site is Copyright DiabLew Tune 2014+. ® "DiabLew Tune" and Devil Head/Face logo are the sole property of,
and U.S. Federal Registered Trademarks of DiabLew Tune. Unauthorized use is prohibited by law. All rights reserved.
and U.S. Federal Registered Trademarks of DiabLew Tune. Unauthorized use is prohibited by law. All rights reserved.