EFILive End User Software License Agreement

By purchasing, using or installing the EFILive software and/or the interface license key, you irrevocably accept that the EFILive software, the interface license key, and the modifications and/or output resulting from, and/or information generated from the use of any of them remain the property of EFILive Limited, and are protected by (amongst other things) copyright law, international treaties, the EFILive End User Software License Agreement and the EFILive Terms and Conditions.

You may copy and distribute the EFILive software or transfer the interface cable providing that:

(a) the EFILive License Agreement and the EFILive Terms and Conditions are not breached in any way whatsoever; and
(b) the EFILive License Agreement, the EFILive Terms and Conditions, all copyright notices and all supplied documentation are copied and distributed with the software, and brought to the attention of any actual or potential user of any of them.

You must obtain an interface license key from an EFILive authorized distributor for each separate interface cable that is used with the EFILive software to tune, log or monitor any electronic control module.

You must not modify, reverse engineer, decrypt or decompile the EFILive software or configuration files, or any part of them. You must not use or allow any other party to use the EFILive Software and/or the configuration files (or any part of them) to reverse engineer, recreate, or otherwise replicate in any way any of the information within or generated by the EFILive Software and/or the configuration files (or any part of them), or any of the attributes of the EFILive Software and/or the configuration files (or any part of them). You also agree not to modify the documentation, including but not limited to, this EFILive License Agreement and/or the EFILive Terms and Conditions.

You agree not to create, nor allow any other party to create, any additional interface license keys for use with the EFILive software nor any other software, which is in any way equivalent to the EFILive Software.

You agree not to use any interface license key that has been obtained from an unauthorized source including, but not limited to, web sites that publish "cracked" or "generated" keys.

You agree not to rent, lease, lend or copy the EFILive software, documentation, or information generated or used by either or any part of them for any financial or other form of gain.

This EFILive License Agreement shall be interpreted under the laws of New Zealand and the Courts of that Country shall have exclusive jurisdiction in respect of any disputes arising under it or in respect of the licensing, purchase, distribution or use of the EFILive software.

In the event of a breach of any of the above terms, your license to use the EFILive software is immediately terminated without the need for notice. You may also be subject to legal action for any and all resulting loss of any kind, including loss of opportunity and consequential losses, suffered by EFILive Limited or any of its affiliates, agents, distributors, resellers or associates.
EFILive Terms and Conditions

Thank you for purchasing EFILive, a high performance data acquisition scan tool and tuning tool. This section defines the EFILive Terms and Conditions ("Terms and Conditions"). The Terms and Conditions form part of the EFILive License Agreement. Please read them carefully before any use or installation of EFILive or the EFILive software, because they contain important information about your responsibilities while using the EFILive software.

1 Definitions

1.1 EFILive Limited means EFILive Limited, a New Zealand registered company.

1.2 EFILive Scan Tool means the EFILive Scan Tool software and the interface cable used to connect it to any electronic control module.

1.3 EFILive Tuning Tool means the EFILive Tuning Tool software and the interface cable used to connect it to any electronic control module.

1.4 EFILive means both the EFILive Scan Tool and the EFILive Tuning Tool.

1.5 Interface cable means any electronic interface circuitry and/or cables that are used or capable of being used by EFILive to connect to any electronic control module.

1.6 Interface license key means the 16 letter, segmented, registration key that unlocks EFILive for use with an interface cable.

1.7 Control Panel means the parts of EFILive that can be used to alter the normal operation of a vehicle.

1.8 We, us and our means EFILive Limited and all of its affiliates, agents, distributors, resellers and associates.

1.9 You, your and yourself means the person(s) or entity using EFILive.

1.10 Vehicle means any vehicle to which EFILive is or has been connected or to which a connection has been attempted.

1.11 Electronic control module means any electronic device capable of communicating with EFILive via any interface cable.

1.12 License Agreement means the section of this document titled "EFILive End User License Agreement", acceptance of which is deemed to occur by installing EFILive onto a computer and/or connecting EFILive to any electronic control module.

1.13 Terms and Conditions means the section of this document titled "EFILive Terms and Conditions", acceptance of which is deemed to occur by connecting EFILive to any electronic control module.

2 Conditions

2.1 The terms and conditions set out below are the terms under which EFILive Limited grants you the right to use EFILive. Installing EFILive indicates your agreement to these Terms and Conditions and the EFLive License Agreement. Connecting EFILive to any electronic control module indicates your agreement to be bound by the Terms and Conditions.

2.2 These Terms and Conditions and/or the EFILive End User Software License Agreement may be amended from time to time. Amendments will be published on EFILive's website (http://www.efilive.com/termsconditions) and will be effective immediately upon publication. Your continued use or failure to remove EFILive and/or the EFILive Software indicates your acceptance of the Terms and Conditions and/or the EFILive End User Software License Agreement as amended, irrespective of whether or not you are actually aware of any such amendments. You are responsible for ensuring that you have read and understood the most current Terms and Conditions and EFILive End User Software License Agreement, and your continued use of EFILive indicates your agreement to be bound by the Terms and Conditions and EFILive End User Software License Agreement as amended and/or updated.

3 Warnings And Acceptance Of Risk

3.1 Your use of EFILive is at your sole risk and responsibility. To the extent permitted by law, we expressly disclaim all conditions or warranties, which would otherwise be implied into these terms and conditions, including, but not limited to, any warranties of merchantability and fitness for a particular purpose.

3.2 We do not accept responsibility for any loss or damage however caused (including through negligence), which you may directly or indirectly suffer and/or cause in connection with your use of EFILive, nor do we accept any responsibility for any loss arising out of your use or inability to use EFILive, howsoever caused.

3.3 We do not accept responsibility for any loss or damage however caused (including through negligence), which you may directly or indirectly suffer and/or cause in connection with your use of the information obtained from EFILive.

3.4 Do not attempt to operate EFILive while driving a vehicle. Operation of any vehicle while using EFILive is not recommended nor encouraged. It is extremely dangerous and may violate local, state or federal laws.

3.5 Do not use the Control Panel to set your vehicle's operating conditions outside of normal operating limits. Serious and permanent damage may occur to yourself and/or your vehicle and/or third parties if you set the operating conditions outside of normal operating limits. If you do not know the normal operating limits of your vehicle, do not use the Control Panel.

3.6 Do not allow your vehicle to be driven on public roads while the Control Panel is overriding your vehicle's normal operation. Most of the features of the control panel are designed for use while your vehicle's engine is off or idling.

3.7 If dynamic or moving data is required while the Control Panel is active, we recommend using a professionally operated dynamometer.

3.8 The features of the Control Panel are provided "as is". We, to the best of our ability, have verified the operation of the Control Panel but do not and cannot guarantee or give any undertakings whatsoever that those features will perform as advertised or as expected.

3.9 Although you may use EFILive to activate many controls, switches and modes simultaneously, it is recommended that you keep the number of overrides to a reasonable minimum. Usually no more than 5 overrides should be active at any one time.

3.10 The EFILive Tuning Tool is provided "as is". We, to the best of our ability, have verified the operation of the Tuning Tool but do not and cannot guarantee or give any undertakings whatsoever that it will perform as advertised or as expected.

3.11 In some countries, states or territories, use of the EFILive Tuning Tool may be restricted to off-road vehicles only. Please check your local, state and federal laws to determine if you are within your legal rights to modify your vehicle's electronic control module(s).

3.12 Do not use the EFILive Tuning Tool to modify your vehicle's calibrations outside of normal operating limits. Serious and permanent damage may occur to yourself and/or your vehicle and/or third parties if you set the operating conditions outside of normal operating limits. If you do not know the normal operating limits of your vehicle, do not use the EFILive Tuning Tool.

4 Liability And Indemnity:

You agree that:

4.1 We will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered and/or caused by you, or incurred by you, or which may arise directly, or indirectly as a result of your use of, or inability to use EFILive and/or the information obtained from EFILive.

4.2 You release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms and Conditions.

4.3 These Terms and Conditions shall be interpreted under the laws of New Zealand and the Courts of that Country shall have exclusive jurisdiction in respect of any disputes arising under the license agreement, or in respect of the licensing, purchase, distribution or use of the software.

5 Limits And Restrictions On Use:

You agree and warrant that you will not use nor allow any other party to use any or all of:

• The EFILive Software
• The configuration files
• EFILive
• Any information used or generated by any or all of the above, in any way whatsoever, so as to reverse engineer, replicate the function of, or in anyway recreate (including to effectively recreate the function of) any or all of:
• Any part of the above

6 Your Liability For Loss And/Or Damage:

You accept and acknowledge that if you breach (or allow any other party to breach) either these Terms and Conditions and/or the EFILive End User Software License Agreement, loss and/or damage may result to EFILive Limited and/or any of its affiliates, agents, distributors, resellers or associates. You agree that you will be liable (without limitation) for any and all such loss and/or damage (including but not limited to loss of opportunity and consequential losses), which results in any way from your breach of these Terms and Conditions and/or the EFILive End User Software License Agreement. You accept and will consent to (amongst other things) any equitable, injunctive or like relief which EFILive Limited, in its sole and absolute discretion, deems necessary or desirable to limit or minimise damage to its business or the business of any of its affiliates, agents, distributors, resellers or associates. You also agree to immediately provide any and all assistance requested by EFILive Limited which it, in its sole and absolute discretion, deems necessary or desirable to limit or minimize damage to its business or the business of any of its affiliates, agents, distributors, resellers or associates.

(This license agreement was last updated March 19, 2007.)