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Terms & conditions

DP-Tuner End User Release of liability disclosure

Upon receiving this disclosure you have fully released DP-Tuner from any and all liability to any engine failures due to improper use or installation of our product(s). DP-Tuner is not responsible for any failures due to any aftermarket products previously installed or after the installation of our products.

END USER AGREEMENT

This is an agreement (Agreement) by and between Asheville Telecom, Inc. d/b/a DP-Tuner, a State of Georgia corporation with an address at 116 River Bend Drive, Hoschton,GA 30548 ("DP-TUNER"), and the individuals and entities to whom the package to which this Agreement is attached is addressed (collectively RECIPIENT). THIS AGREEMENT IS EFFECTIVE IMMEDIATELY UPON BREAKAGE BY RECIPIENT OF THE SEAL OF THE PACKAGE TO WHICH THIS AGREEMENT IS ATTACHED.

WHEREAS, DP-TUNER authors, owns, and markets software to be encoded onto microprocessors provided on motor vehicles and markets microprocessors pre-encoded with such software ("DP-T Products");

WHEREAS, RECIPIENT has agreed to purchase or has purchased a license to use one or more of the DP-T Products and wishes to begin using said DP-T Products;

WHEREAS, DP-TUNER requires acknowledgement and agreement by RECIPIENT of and to the rights of DP-TUNER in the DP-T Products before RECIPIENT is permitted by DP-TUNER to begin using the DP-T Products;

WHEREAS, DP-TUNER and RECIPIENT have reached an agreement regarding the rights of DP-TUNER in the DP-T Products relative to purchase by RECIPIENT of a license to use the DP-T Products;

WHEREAS, DP-TUNER and RECIPIENT wish to memorialize their agreement in this Agreement.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, DP-TUNER and RECIPIENT agree as follows:

  1. DP-TUNER hereby provides or causes to be provided to RECIPIENT the DP-T Products relative to which RECIPIENT has purchased a license, for the sole purpose of enabling RECIPIENT to use the licensed DP-T Products, including but not limited to the software included in the DP-T Products, only within the scope of the license set forth in Paragraph 2 of this Agreement.
  2. RECIPIENT acknowledges and agrees that DP-T Products embody, utilize, and/or encompass patents, trademarks, copyrights, trade secrets, and/or confidential information and other intellectual property (collectively “the DP-T Property”) in which DP-TUNER has an interest, that provide competitive advantages to DP-TUNER, are central and critical to the ongoing, legitimate business of DP-TUNER, and would cause irreparable injury to DP-TUNER if exploited without permission from DP-TUNER. Therefore, RECIPIENT shall use each separate DP-T Product provided herewith and the DP-T Property included therein only during and as part of the operation of a single motor vehicle, without reproducing, distributing, publicly displaying, or publicly performing the DP-T Property, or preparing derivative works based on the DP-T Property. DP-TUNER hereby grants RECIPIENT a nonexclusive license to the provided DP-T Products and the accompanying DP-T Property only to the extent necessary to permit such limited use. RECIPIENT shall refrain from reproducing, distributing, publicly displaying, or publicly performing the DP-T Property, or preparing derivative works based on the DP-T Property and any portion thereof, from attempting to reverse engineer the DP-T Products, and from otherwise attempting to discern the content of the DP-T Products or the DP-T Property, how the DP-T Products operate, and the design and/or content of hardware and software encompassed by the DP-T Products. RECIPIENT shall not transfer DP-T Products or DP-T Property or any interest therein, including but not limited to the nonexclusive license granted above, by sale, rental, leasing, lending, or otherwise, to any third party. RECIPIENT shall inquire with DP-TUNER regarding any questions or concerns RECIPIENT has or may have about the design, construction, and operation of the DP-T Products, without attempting to resolve such questions or concerns by engaging in conduct prohibited by this Agreement.
  3. Because of the irreparable injury that DP-TUNER would sustain if any provision of this Agreement is violated by RECIPIENT, RECIPIENT agrees that injunctive relief against RECIPIENT in the event of such violation is appropriate, that no bond shall be posted by DP-TUNER in conjunction with such relief, and that RECIPIENT shall not seek for any such bond to be posted. RECIPIENT further agrees that, in the event that, in the sole opinion of DP-TUNER, RECIPIENT violates or has violated this Agreement, in addition to paying monetary damages to DP-TUNER, RECIPIENT shall pay all attorney fees, costs, and expenses incurred by DP-TUNER in furtherance of enforcing this Agreement against RECIPIENT.
  1. This Agreement shall be construed in accordance with and is governed by the laws of the State of Georgia. All litigation arising out of this Agreement shall be brought in the courts of Jackson County, Georgia, or in the case of federal litigation, in the United States District Court for the State of Georgia. RECIPIENT submits to the jurisdiction of all such courts.
  2. All parties to this Agreement covenant and warrant that they have sufficient authority to bind to the terms of this Agreement the parties on whose behalf they are acting.
  3. DP-TUNER HEREBY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE DP-T PRODUCTS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
  4. RECIPIENT acknowledges and agrees that operating motor vehicles, with or without DP-T products is an inherently dangerous activity that recipient engages in at recipient's own risk and with full knowledge of such risk, including risk of severe and permanent bodily injury, permanent disability, or death to recipient and/or third parties. recipient therefore expressly waives and releases all claims and liabilities against dp-tuner and all employees of dp-tuner, including but not limited to jody tipton and diane tipton, arising out of participation by recipient in such activities, including but not limited to all claims regarding physical injury sustained by recipient and/or third parties, damage to property of recipient and/or third parties, and special, consequential, and incidental damages.

ASHEVILLE TELECOM, INC. d/b/a DP-TUNER Hoschton, GA Revised July,2007