EcuTek Licence Agreement

When you open the ProECU packaging you agree to EcuTek's licence terms, which follow. If you disagree with the terms you must return the product in full to EcuTek.

Definitions

• EcuTek Software is defined as including the EcuTek Flash software and documentation.
• The RaceROM Patch is defined as the binary code and data developed by EcuTek that gets programmed into the vehicle ECU.
• The Product is defined as including EcuTek Software, The RaceROM Patch, Interface Cable, and Hardware Licence Key.
• EcuTek Proprietary Technology is defined as including The Product and technical details regarding its operation, processes, algorithms or procedures.

Copyright

The Product is protected by copyright laws and international copyright treaties, as well as other intellectual-property laws and treaties. The product is licensed, not sold.

Grant of licence

• You may install and use the EcuTek Software on any computers belonging to you or your employer
• Due to the nature of the hardware licence key, only one copy of EcuTek Software can be active at any time
• You may use EcuTek Software to install The RaceROM Patch into as many vehicle ECUs as you wish, provided that each one contains a licence for which payment has been received by EcuTek.
• You may download updated EcuTek Software, RaceROM Patches and Vehicle ROM files via the EcuTek update system
• You may contact EcuTek Customer Support to assist you with any problems that you have regarding The Product.

Limitations of Use

• You shall not dump, decrypt, disassemble, decompile, debug, analyse, modify or otherwise reverse-engineer The Product or any vehicle ECU or data file containing The RaceROM Patch
• You shall not tamper with, deactivate, disable or attempt to bypass any security or licensing features that may exist within The Product
• You shall not open any binary file containing The RaceROM Patch using competitor products or other software not directly supplied by EcuTek
• You shall not make available any EcuTek Proprietary Technology to a third party without the express written permission of EcuTek. This also includes uploading it to internet sites or permitting others to download it via the internet
• You shall not loan, lease or rent The Product to anyone
• You shall not divulge to a third party any information about the vehicle ECU maps or data that you learn though using The Product. Nor may you use such information to create, develop or improve your own competing products or those of EcuTek's competitors. We have expended considerable effort in finding this information and regard it as a 'trade secret'
• Any software updates or data files subsequently supplied by EcuTek in relation to The Product are covered by the terms and conditions specified in this agreement
• The initial user is not permitted to transfer The Product to another user
• You agree to only permit competent employees (experienced in engine management tuning) to have access to EcuTek Software
• You agree to regularly update the EcuTek Software installed on your computers. EcuTek only supports the latest version of the EcuTek Software and may be unable to provide you with assistance for outdated versions
• EcuTek reserves the right to discontinue compatibility between The Product and obsolete operating systems or computer hardware that is no longer produced or supported by its manufacturer
• You may not use The Product for any purposes that may damage the reputation of EcuTek or the vehicle manufacturer and their respective products; you must perform all tuning in a responsible and ethical manner
• EcuTek may terminate this licence agreement if you fail to comply with the terms and conditions of this agreement. In such event, you will be required to destroy all copies of software and return all hardware components of the package to EcuTek.

Ownership

• All title and intellectual property rights in and to The Product are owned by EcuTek
• All title and intellectual property rights in and to the content which may be accessed through use of The Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This agreement grants you no rights to use such content.

Limited Warranty

EcuTek warrants that…

• The Product will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt
• EcuTek will make reasonable efforts to solve any reported problem with The Product. However, compatibility with future ECUs and technology cannot be guaranteed
• This warranty is void if failure of The Product has resulted from accident, abuse, or misapplication
• EcuTek shall not be held responsible for abnormal operation of computer systems or vehicles arising from misuse of The Product.

Customer remedies

EcuTek's entire liability and your exclusive remedy shall be at the choice of EcuTek…

• The return of the price paid, if any, minus any licences used
• Alternatively, at EcuTek's option, repair or replacement of The Product that does not meet EcuTek's Limited Warranty.

No Other Warranties

• To the maximum extent permitted by applicable law, EcuTek disclaims all other warranties and conditions, either express or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the software product and the provision of or failure to provide support services.
• To the maximum extent permitted by applicable law, in no event shall EcuTek 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, or any other pecuniary loss) arising out of the use of or inability to use the software product or the failure to provide support services, even if EcuTek has been advised of the possibility of such damages.
• In any case, EcuTek's entire liability under any provision of this licence agreement shall be limited to the amount paid by you for the software product.

Governance

This agreement is a legal contract and shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over all disputes arising in connection with this agreement.

You submit to be bound by the terms of this agreement even if your place of business, residence or citizenship is located elsewhere.