Licence Agreement 
END USER – SOFTWARE LICENCE AGREEMENT 
IMPORTANT – PLEASE READ THE FOLLOWING CAREFULLY: 
This end user licence agreement (“LICENCE”) is a legally binding contract between you (as the legal owner of the software) and the authors of XP-Tuner.  This agreement is valid for the product specified above.  This agreement covers the software, the media which is included, the printed material, and under certain circumstances the “Online Material” and electronic documentation.  All items mentioned included in the product package fall under the term “SOFTWARE PRODUCT”.  With the installation, the copying and other usage of the software, you declare yourself ready to accept and approve the conditions of this licence.  If you are not in agreement with the conditions of this licence, you must return the unused SOFTWARE PRODUCT immediately to the supplier.  The cost of purchase will be refunded to the purchaser.  “Cost” is defined as the price for the SOFTWARE PRODUCT and does not include any additional fees nor additional expenditures, which are connected directly or indirectly with the purchase.
SOFTWARE PRODUCT LICENCE.  
The SOFTWARE PRODUCT is protected by national copyright regulations, international copyright agreements and other laws and treaties for the protection of intellectual property.  The SOFTWARE PRODUCT is licensed, but not sold.
1.      GRANTING OF THE LICENCE
This agreement grants you, the Licensee, a license to: 
a.  Use a copy of the above specified software product.  The product is for use on a single computer system, if it is loaded in the temporary data memory (RAM) or of it has been installed on a permanent data memory (hard drive, CD-ROM or other memory drives) of the computer.
The installation on a network server for usage by one or more clients is a component of this agreement.  No special licence for individual licences are necessary for each connected computer.  
b.  The electronic documents, which relates to the SOFTWARE, can be copied without limit (either as a paper version or in electronic form), under the prerequisite that these copies are used for internal purposes only and are not further published, nor sold and also not passed on to a third party.
2.      UPGRADES
If the SOFTWARE is an upgrade, you are allowed to use the SOFTWARE only in connection with the original product or to transfer the rights to it only in connection with the original product to a third party.
3.      COPYRIGHT
All ownership laws and copyrights within and in relation to the SOFTWARE PRODUCT (including, but not limited to all pictures, graphics, photographs, animations, videos, audio materials, music, text and “Applets”, which are connected to the SOFTWARE), enclosed printed material and all copies of the remain with the authors of the software.  The SOFTWARE PRODUCT is protected by national copyright and international copyright agreements.  For this reason, you are obliged to treat the SOFTWARE PRODUCT like every other copyright protected material.  The exceptions to this are: (a) making of a copy solely as a backup or archive copy, or (b) the installation of the SOFTWARE on a free standing computer, provided that you are using the original as a backup or archive copy.  It is not permitted to copy the printed material, which is enclosed with this product.  
4.  DESCRIPTION OF FURTHER RIGHTS AND RESTRICTIONS.
a.  Restrictions are with regard to the reverse engineering, decompiling, and disassembling.  You are not entitled to execute reverse engineering, to decompile or to disassemble, unless and only as far as the user’s right permits this within this limitation.
b.  Separation of components.  The SOFTWARE PRODUCT is licensed as a standard product. You are not entitled to separate the individual components (this also includes updates/upgrades) for usage on more than one computer.  
c.  Lending.  You are not entitled to lease the SOFTWARE PRODUCT, offer it for leasing or lend it.
d.  Software transmission.  The purchaser of the SOFTWARE PRODUCT is allowed to transfer the rights which he acquired with the licence to a third party at any time, but only once and permanently to a final user.  This transfer must contain all the components of the SOFTWARE PRODUCT, including all component parts of the media, the printed material, possible updates/upgrades, the licence and under certain circumstances, a Certificate of Authenticity.  In addition, the recipient of the SOFTWARE PRODUCT must agree to these licence agreements.  The transfer of the rights is not allowed to follow as a commission or any other indirect transfer.  If the issue is an upgrade of the SOFTWARE, all disposal must comprise completely of an earlier version of the SOFTWARE.
e.  Termination.  Regardless of other rights, the program authors have the right, to terminate this licence, if you breach the statements of this agreement.  In such a case, you are obliged to destroy current copies of the SOFTWARE PRODUCT and all its components.
5.      LEGAL AGREEMENT
If you have purchased this agreement in the USA, this licence agreement is subject to the laws of the State of California and the U.S.  If you have purchased this product outside of the USA, the local consumer law may possibly apply.  
6.      EXPORT RESTRICTIONS
It is understood that you will not allow the SOFTWARE PRODUCT be exported or re-exported to any country or to any person, corporation or end user through export or re-export, who or which is subject to US export restrictions.  You are obliged in particular to ensure that you will not export or re-export the SOFTWARE PRODUCT (i) to one or more of the following countries, which are subject to the US export restrictions (at present including, but not necessarily limited to Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, Sudan and Syria) or to a citizen of these countries wherever they may reside, who may have the intention of transferring or carrying the products into such a country, (ii) to an end user from whom you know or about whom you suspect that they are using the SOFTWARE PRODUCT or a part of it in the design or the development or the production of nuclear, chemical or biological weapons, or (iii) to an end user, who has been forbidden by the Federal Department of the US government from participation in any US export transactions.
LIMITED GUARANTEE.  You are guaranteed that (a) the SOFTWARE will not fail within a period of ninety (90) days, calculated from the time of purchase, and that (b) all hardware, which was delivered with the product, is free from defects in relation to the material and the workmanship.  This hardware guarantee is covered for 1 year, calculated from the time of purchase, and is valid for normal usage.  Some states and legislation allow no restrictions in relation to the time of the guarantee.  For this reason, it may happen that conditions just mentioned do not apply to you.  Within the perimeter, which corresponds to the current ruling legislation, the guarantee of the SOFTWARE and the hardware is in any case 90 days, or a year.  
CUSTOMER RIGHTS.  The authors of XP-Tuner and the suppliers are obliged exclusively to fulfill one of the following claims: (a) The reimbursement of the cost price, or (b) the repair or the replacement of the defective SOFTWARE PRODUCT or the defective hardware, which must be sent back (with a copy of the receipt/bill).  The guarantee is not valid if the defect of the SOFTWARE PRODUCT or the hardware is the result of an accident, misuse or incorrect use.  Every type of replacement of the SOFTWARE PRODUCT or the hardware possesses a guarantee as stated above, less the period of the guarantee already lapsed on each original component or at least 20 days – according to which is a longer period of time.  Outside the United States, neither these claims nor every type of product service are not available without proof of purchase from an authorised international source.  
GUARANTEE DISQUALIFICATION.  As far as the prevailing jurisdiction allows, the manufacturers of XP-Tuner and their suppliers reject any claims which go beyond the work described in the guarantee, be these expressed or implicit, inclusively, but not limited to the implicit guarantee on marketability and suitability in relation to a special operation purpose, in view of the SOFTWARE PRODUCT and the hardware included.  
THIS LIMITED WARRANTY GIVES YOU SPECIAL RIGHTS.  DEPENDING ON WHERE YOU LIVE, IT CAN ALSO BE SUBJECT TO OTHER LAWS.  LAWS CAN VARY FROM COUNTRY TO COUNTRY.  THERE IS NO OBLIGATION FOR THE REPAIR OF INDIRECT DAMAGE UP TO THE MAXIMUM WHICH THE CONSUMER LAW ALLOWS AND THERE WILL BE NO LIABILITY FOR A SPECIFIC DAMAGE, DIRECT OR INDIRECT DAMAGE OF ANY TYPE (INCLUDING AND WITHOUT LIMITATION LOST PROFIT, INTERRUPTION IN BUSINESS, LOSS OF BUSINESS OR OTHER INFORMATION OR ANY OTHER FINANCIAL LOSS), WHICH RESULTS FROM THE USE OF THE SOFTWARE OR ITS MISUSE FOR REASONS OF FUNCTIONING ERRORS.  BECAUSE SOME STATES AND LEGISLATIONS DO NOT ALLOW FOR SUCH AN APPLICATION OR LIMITATION OF GUARANTEE FOR INDIRECT DAMAGES, IT IS POSSIBLE THAT THE LIMITATIONS GIVEN ABOVE ARE NOT VALID FOR YOU.