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NOTE: Diag 1300 software contains unique Tool ID Numbers and must be purchased, licensed and installed per individual end user
This is a legal Agreement between you, the End User, and Perkins Engines Company Limited. By installing
the software, you are agreeing to be bound by the terms of this Agreement. This Agreement applies to you
and any subsequent licensee of the software program (Software).
If you do not accept or agree to the terms of this Agreement, do not install the Software. Promptly return the
Software package and all other materials in this package to Perkins Engines Company Limited for a full
refund.
1. Grant of License. Perkins Engines Company Limited (Perkins) grants to you the right to use the Software
subject to you being authorised by Perkins in writing to be a user the Perkins Diagnostic Software on the 1300
Series EDi engines. Perkins has the right to withdraw such authorisation at any time.
2. Copyright. Software is protected copyright laws and international treaty provisions. Therefore, you must treat the
Software like any other copyrighted material. You must reproduce and include the copyright notice on any copy.
You may not copy the written materials accompanying the Software.
5. Limited Warranty. Perkins warrants the diskettes or other media on which the program is furnished to be free from
defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery
to you as evidenced by a copy of your receipt. You assume responsibility for the selection of the program to
achieve your intended results and for the installation, use, and results obtained from the program.
This program is provided ‘as is’ without warranty of any kind, either expressed or implied, including, but not limited to,
the implied warranty of merchantability and fitness for a particular purpose. Perkins does not warrant that the
functions contained in this program will meet your requirements or that the operation of the program will be
uninterrupted or error free. The entire risk as to the quality and performance of the program is with you. Should the
program prove defective, you (and not Perkins) assume the entire cost of all necessary servicing, repair or correction.
In no event will Perkins be liable for direct, indirect, special, incidental, or consequential damages arising out of the
use of or inability to use the Software or documentation, even if advised of the possibility of such damages. In
particular, Perkins is not responsible for any costs including, but no limited to, those incurred as a result of lost profits
or revenues, loss of use of the Software, loss of data, the cost of recovering such Software or data, the cost of
substitute Software, or claims by third parties. In no case shall Perkins’ liability exceed the amount of the license fee.
Nothing in this Agreement shall exclude or limit Perkins liability for death or personal injury resulting from Perkins
negligence.
The warranties and remedies set forth above are exclusive and in lieu of all others, oral or written, expressed or
implied. No Perkins dealer, distributor, agent or employee is authorised to make any modification or addition to the
warranty.
6. General
(a) Transfer. You may not sublicense, assign, or transfer the license or the program. Any attempt to sublicense,
assign, or transfer any of the rights, duties, or obligations hereinafter is void
(b) Governing Law. This Agreement will be governed by the laws of England
(c) Questions. Should you have any questions concerning this Agreement, you may contact Perkins by writing to
Perkins Engines Company Limited, Eastfield, Peterborough, PE1 5NA. England.