USER LICENSE AGREEMENT for the use of the «”ECULite” ECU remapping software»
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BY ACCEPTING THIS LICENSE AGREEMENT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERMS OF THIS AGREEMENT, YOU MUST REJECT IT AND DO NOT INSTALL THE SOFTWARE.
1. General Provisions
1.1. This License Agreement (“License”) sets forth the terms of use of the computer software “Calibration Editor “ECULite””, all its components, modules, service libraries and documentation (“Program”), an electronic key (“Hardware”) supplied with it , and is concluded between any individual or legal entity (“User”) using the Program, and the author of the Program Pavel Valeryevich Boev, who is the Copyright Holder of the exclusive right to the Program (“Copyright Holder”).
1.2. By copying, installing or using the Program and Hardware in any way, the User expresses his full and unconditional acceptance of all the terms of the License.
1.3. Use of the Program and Hardware is permitted only under the terms of this License. If the User does not accept the terms of the License in full, the User is not entitled to use the Program and Hardware. Use of the Program and in violation (failure to comply) with any of the terms of the License is prohibited.
1.4. This License and all relations associated with the use of the Program and Hardware shall be subject to the law of the Russian Federation and any claims or lawsuits arising from this License or the use of the Program and Equipment must be filed and considered in court at the location of the Copyright Holder.
2. Rights to the Program
2.1. Exclusive rights to the Program belong to the Copyright Holder. The User does not have any rights, powers or interests with respect to them, other than those expressly set forth in this Agreement.
3. License
3.1. Subject to the User’s full and permanent compliance with all the terms and conditions of this Agreement, including, without limitation, the payment of all applicable license fees, the Copyright Holder grants the User the following limited, non-exclusive and non-transferable rights:
3.1.1 The right to install and use the Program in conjunction with the Hardware on the same computer.
3.1.2 The right to use the Program and Hardware for its intended purpose.
3.1.3 The right to receive updates to the Program via the Internet.
4. Restrictions
4.1. Except for the limited license expressly granted in Section 3 of this document, User has no other rights in the Program and Hardware, express or implied.
4.2. Except for use in the amounts and in the ways expressly provided by this License or the legislation of the Russian Federation, the User does not have the right to create derivative products based on the Program or Equipment, modify, decompile, disassemble, decrypt, examine the structure and format of storing data of the Program, examine the interaction protocols of the Program and / or perform other actions aimed at extracting the source text of the Program and / or obtaining information about the implementation of the algorithms used in the Program, as well as to carry out (allow to carry out) other use of the Program.
4.3. The User does not have the right to reproduce, publish, distribute, communicate to the public the Program in any form and in any way not expressly provided by this License, including in conjunction with other programs, as part of collections of software products, with the offer of other programs, settings and other products, regardless of the purpose of such use.
4.4. The User has no right to study the firmware code of the processors included in the Equipment by any means, as well as to create copies of the Equipment or emulate its operation by any means.
4.5. The User is not entitled to change the name of the Program, change and / or remove copyright notices, any notices regarding copyright or other indication of the Copyright Holder.
4.6. The User does not have the right to sublicense, transfer for use, assign or transfer the Program and Equipment to third parties without the written consent of the Copyright Holder.
4.7. The User may not provide or create conditions for the use of the Program and Equipment in computer services, networks, on a time-sharing, remote access, multi-processor or multi-user basis.
4.8. The User may not use the Program or Equipment to commit illegal activities.
5. Responsibility of the User
5.1. Any violation by the User of this License, including those detected automatically, means the immediate termination of its validity, as well as the blocking of the Equipment.
5.2. If the Equipment is lost or damaged, this License will terminate. The equipment cannot be repaired or replaced.
5.3. The User is liable in accordance with the law for any damage resulting from violation or non-compliance with the terms of this License.
6. Equipment
6.1. The equipment consists of an electronic key. The Copyright Holder guarantees trouble-free operation of the Equipment within 1 year from the date of its receipt, subject to Section 7 of this Agreement.
7. Limitation of Liability
7.1. The Program is provided on an “as is” basis, without warranties of any kind, except for the warranty service of the Hardware. The Copyright Holder does not provide any warranties, express, implied or statutory, including, but not limited to, with respect to compliance with the specific goals and expectations of the User, error-free and uninterrupted operation of the Program, and does not provide any other warranties not expressly specified in this License. In case of detection of errors in the operation of the Program, the User has the right to send an error message to the e-mail of the Copyright Holder.
7.2. To the maximum extent permitted by applicable law, the Copyright Holder shall not be liable for any direct or indirect consequences of any use or inability to use the Program and / or damage caused to the User and / or third parties as a result of any use or non-use of the Program , including due to possible errors or failures in the operation of the Program.
7.3. The Copyright Holder handles error and bug reports and provides technical support for the Program on a “best effort” basis and does not guarantee that problems will be resolved.
7.4. Warranty service is not subject to Equipment:
7.4.1. With damaged or missing serial numbers, stickers or seals.
7.4.2. Having damage caused by accidents, fires, floods, natural disasters, as well as other effects of force majeure.
7.4.3. Having defects resulting from improper transportation and storage conditions (presence of traces of mechanical impact, ingress of moisture or other aggressive media, insects, foreign objects, etc.).
7.4.4. Having defects caused by improper operating conditions (used with deviations from the USB Technical Standards), failed as a result of a short circuit, improper power supply, having mechanical damage to the case or connectors, showing signs of impacts or drops.
7.4.5. Having traces of opening or self-diagnostic means of which indicate a violation of clause 4 of this License.
7.4.6. Connectors damaged due to misuse or normal wear and tear.
7.5. Under no circumstances shall the Copyright Holder be liable to the User for any punitive, direct, incidental, consequential, special or consequential damages, whatever they may be, including losses from lost commercial profits, business interruptions, leakage of commercial information or any other material damages, whatever their causes and circumstances of occurrence, including negligence or other violations of civil rights arising from the use of the Program, Equipment or this Agreement, even if the Copyright Holder has been advised of the likelihood of such damages. The total liability of the Copyright Holder to the User for damage, loss or forced actions (under a contract, tort (including negligence) or otherwise) will in no case exceed the amount of 1,000 (one thousand) Russian rubles. You agree to defend, indemnify and hold harmless the Copyright Holder against any loss, damages, liability and other costs (including reasonable attorneys’ and consultants’ fees) arising out of your use of the Program or the terms of this Agreement.
7.6. The Copyright Holder is not under any obligation to provide updates to the Program.
7.7. The Copyright Holder does not guarantee the uninterrupted availability of the server parts of the Program and the uninterrupted availability of the Copyright Holder’s websites.
7.8. The Copyright Holder does not guarantee the availability of specific files on the official Internet resource of the Program support.
8. Termination of license
8.1. This Agreement will terminate immediately without notice or judgment in the following cases:
8.1.1. If the User does not comply with any of the terms of this Agreement.
8.1.2. The User provides the Copyright Holder with a notice of the desire to terminate this Agreement. Upon termination of this Agreement, the User must delete all copies of the Program and destroy the Equipment. Upon termination of this Agreement, all provisions will survive except Section 3.
8.2. In the event of termination of the license, the Copyright Holder has the right to block the Equipment without returning any funds.
9. Other terms
9.1. Downloading and installing updates aimed at improving the Program or its parts. Produced by the User from the official resource on the Internet at: https://www.eculite.com/.
9.2. This License applies to all subsequent updates/new versions of the Program and its components. Installing an update/new version of the Program means that the User accepts the terms of this License for the relevant updates/new versions of the Program, unless the update/installation of a new version of the Program is accompanied by a different license agreement.
9.3. The User is hereby notified and agrees that when using the Program, the following information may be transmitted to the Copyright Holder automatically, without any additional notices: the type of operating system of the User’s computer, the version of the Program, serial numbers of the Equipment, statistics on the use of the functions of the Programs, the contents of the data transmitted by the Program, as well as other technical information. The Copyright Holder has the right to store and analyze this information in order to ensure the functionality of the Program, improve its consumer qualities, as well as to monitor compliance with the terms of this Agreement.
9.4. The Copyright Holder reserves the right to unilaterally block the Equipment in case of suspicion of a violation by the User of this Agreement until the circumstances are clarified. The Copyright Holder is not obliged, but reserves the right to unblock the User’s access to the Program if the violations of the rules have been eliminated by the User.
9.5. The Copyright Holder reserves the right to refuse to purchase the Program or its part (including, but not limited to, additional software modules) without explanation.
10. Changes to the terms of this Agreement
10.1. This Agreement may be changed by the Copyright Holder unilaterally. Notification of the User about the changes made to the terms of this License is published on the Internet at: https://www.eculite.ru/. These changes to the terms of the license agreement come into force from the date of their publication, unless otherwise agreed separately.
11. Applicable law
11.1. This Agreement is concluded on the basis of and is interpreted in accordance with the legislation of the Russian Federation. You acknowledge that your breach of this Agreement may cause damages to the Copyright Holder and agree that the Copyright Holder has the right to seek remedy under this Agreement, as well as such remedy as may be granted by the courts.