User Guide

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2—Dyno2000 Advanced Engine Simulation

PLEASE READ THIS LICENSE CAREFULLY BEFORE

BREAKING THE SEAL ON THE DISKETTE ENVELOPE AND

USING THE SOFTWARE. BY BREAKING THE SEAL ON

THE DISKETTE ENVELOPE, YOU ARE AGREEING TO BE

BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO

NOT AGREE TO THE TERMS OF THIS LICENSE,

PROMPTLY RETURN THE SOFTWARE PACKAGE, COM-

PLETE, WITH THE SEAL ON THE DISKETTE ENVELOPE

UNBROKEN, TO THE PLACE WHERE YOU OBTAINED IT

AND YOUR MONEY WILL BE REFUNDED. IF THE PLACE

OF PURCHASE WILL NOT REFUND YOUR MONEY, RE-

TURN THE ENTIRE UNUSED SOFTWARE PACKAGE,

ALONG WITH YOUR PURCHASE RECEIPT, TO MOTION

SOFTWARE, INC. AT THE ADDRESS AT THE END OF THIS

AGREEMENT. MOTION SOFTWARE, INC. WILL REFUND

YOUR PURCHASE PRICE WITHIN 60 DAYS. NO REFUNDS

WILL BE GIVEN IF THE DISKETTE ENVELOPE HAS BEEN

OPENED.

Use of this package is governed by the following terms:

1. License. The application, demonstration, and other software accompany-

ing this License, whether on disk or on any other media (the “Motion Soft-

ware, Inc. Software”), and the related documentation are licensed to you by

Motion Software, Inc. You own the disk on which the Motion Software, Inc.

Software are recorded but Motion Software, Inc. and/or Motion Software,

Inc.’s Licensor(s) retain title to the Motion Software, Inc. Software, and re-

lated documentation. This License allows you to use the Motion Software,

Inc. Software on a single computer and make one copy of the Motion Soft-

ware, Inc. Software in machine-readable form for backup purposes only.

You must reproduce on such copy the Motion Software, Inc. copyright no-

tice and any other proprietary legends that were on the original copy of the

Motion Software, Inc. Software. You may also transfer all your license rights

in the Motion Software, Inc. Software, the backup copy of the Motion Soft-

ware, Inc. Software, the related documentation and a copy of this License to

another party, provided the other party reads and agrees to accept the terms

and conditions of this License.

2. Restrictions. The Motion Software, Inc. Software contains copyrighted

material, trade secrets, and other proprietary material, and in order to pro-

tect them you may not decompile, reverse engineer, disassemble or other-

wise reduce the Motion Software, Inc. Software to a human-perceivable

form. You may not modify, network, rent, lease, loan, distribute, or create

derivative works based upon the Motion Software, Inc. Software in whole or

in part. You may not electronically transmit the Motion Software, Inc. Soft-

ware from one computer to another or over a network.

3. Termination. This License is effective until terminated. You may terminate

this License at any time by destroying the Motion Software, Inc. Software,

related documentation, and all copies thereof. This License will terminate

immediately without notice from Motion Software, Inc. if you fail to comply

with any provision of this License. Upon termination you must destroy the

Motion Software, Inc. Software, related documentation, and all copies

thereof.

4. Export Law Assurances. You agree and certify that neither the Motion

Software, Inc. Software nor any other technical data received from Motion

Software, Inc., nor the direct product thereof, will be exported outside the

United States except as authorized and permitted by United States Export

Administration Act and any other laws and regulations of the United States.

5. Limited Warranty on Media. Motion Software, Inc. warrants the disks on

which the Motion Software, Inc. Software are recorded to be free from de-

fects in materials and workmanship under normal use for a period of ninety

(90) days from the date of purchase as evidenced by a copy of the purchase

receipt. Motion Software, Inc.’s entire liability and your exclusive remedy

will be replacement of the disk not meeting Motion Software, Inc.’s limited

warranty and which is returned to Motion Software, Inc. or a Motion Soft-

ware, Inc. authorized representative with a copy of the purchase receipt.

Motion Software, Inc. will have no responsibility to replace a disk damaged

by accident, abuse or misapplication. If after this period, the disk fails to

function or becomes damaged, you may obtain a replacement by returning

the original disk, a copy of the purchase receipt, and a check or money order

for $10.00 postage and handling charge to Motion Software, Inc. (address is

at the bottom of this agreement).

6. Disclaimer of Warranty on Motion Software, Inc. Software. You expressly

acknowledge and agree that use of the Motion Software, Inc. Software is at

your sole risk. The Motion Software, Inc. Software and related documenta-

tion are provided “AS IS” and without warranty of any kind, and Motion Soft-

ware, Inc. and Motion Software, Inc.’s Licensor(s) (for the purposes of provi-

sions 6 and 7, Motion Software, Inc. and Motion Software, Inc.’s Licensor(s)

shall be collectively referred to as “Motion Software, Inc.”) EXPRESSLY DIS-

CLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT-

NESS FOR A PARTICULAR PURPOSE. MOTION SOFTWARE, INC. DOES NOT

WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOTION SOFTWARE,

INC. SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERA-

TION OF THE MOTION SOFTWARE, INC. SOFTWARE WILL BE UNINTER-

RUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOTION SOFTWARE,

INC. SOFTWARE WILL BE CORRECTED. FURTHERMORE, MOTION SOFT-

WARE, INC. DOES NOT WARRANT OR MAKE ANY PRESENTATIONS REGARD-

ING THE USE OR THE RESULTS OF THE USE OF THE MOTION SOFTWARE,

INC. SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR COR-

RECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRIT-

TEN INFORMATION OR ADVICE GIVEN BY MOTION SOFTWARE, INC. OR A

MOTION SOFTWARE, INC. AUTHORIZED REPRESENTATIVE SHALL CREATE

A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

SHOULD THE MOTION SOFTWARE, INC. SOFTWARE PROVE DEFECTIVE, YOU

(AND NOT MOTION SOFTWARE, INC. OR A MOTION SOFTWARE, INC. AU-

THORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECES-

SARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLU-

SION MAY NOT APPLY TO YOU.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLI-

GENCE, SHALL MOTION SOFTWARE, INC. BE LIABLE FOR ANY INCIDENT,

SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE,

OR INABILITY TO USE, THE MOTION SOFTWARE, INC. SOFTWARE OR RE-

LATED DOCUMENTATION, EVEN IF MOTION SOFTWARE, INC. OR A MOTION

SOFTWARE, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT AL-

LOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION

MAY NOT APPLY TO YOU.

In no event shall Motion Software, Inc.’s total liability to you for all damages,

losses, and causes of action (whether in contract, tort (including negligence)

or otherwise) exceed the amount paid by you for the Motion Software, Inc.

Software.

8. Controlling Law and Severability. This License shall be governed by and

construed in accordance with the laws of the United States and the State of

California. If for any reason a court of competent jurisdiction finds any provi-

sion of this License, or portion thereof, to be unenforceable, that provision of

the License shall be enforced to the maximum extent permissible so as to

effect the intent of the parties, and the remainder of this License shall con-

tinue in full force and effect.

9. Complete Agreement. This License constitutes the entire agreement be-

tween the parties with respect to the use of the Motion Software, Inc. Soft-

ware and related documentation, and supersedes all prior or contempora-

neous understandings or agreements, written or oral. No amendment to or

modification of this License will be binding unless in writing and signed by a

duly authorized representative of Motion Software, Inc.

Motion Software, Inc.

535 West Lambert, Bldg. E

Brea, CA 92821-3911

714-255-2931; Fax 714-255-7956

Inc., MS-DOS, DOS, Windows, and Windows95/98NT/2000 are trademarks

of Microsoft Corporation. IBM is a trademark of the International Business

Machines Corp. Motion-PC, DeskTop Dyno, Drag2000, DeskTop Dyno2000,

DeskTop DragStrip, DeskTop Drag2000, DragStrip2000, Dyno Shop and other

DeskTop and Motion-PC software products are trademarks of Motion Soft-

ware, Inc.

All other trademarks, logos, or graphics are the property of their respective

owners.

MOTION SOFTWARE, INC. SOFTWARE LICENSE