RACE PRODUCTS DISCLAIMER
Dimsport Srl provides tools and services to optimize the performance of the engine through the recalibration of the original ECU. Dimsport Srl does not provide any modified files ready to use and is not responsible for the tuned files created by its customers.
The product supplied by Dimsport S.r.l. is guaranteed free from original defects as per indications stated by the Italian Legislative Decree 6 September 2005 no. 206 (“Consumer Code”).
If the purchaser wishes to exercise the rights contained in these warranty conditions, he/she must contact the Dimsport Technical Support Service to obtain information on the exact procedures for returning the product for inspection. With the limitations specified below, and if conditions exist for recognition of the warranty pursuant to Legislative Decree 206/05, the product will be repaired free of charge for the purchaser.
Without prejudice to the provisions of art. 130 Legislative Decree 206/05, in particular as regards the objective impossibility or excessive cost of the repair.
If the product is returned after expiry of the warranty period or the defect is not covered by the warranty, or the product is free from defects, Dimsport S.r.l. will charge the purchaser for transport, administrative and technical costs sustained.
Product return procedure
For any type of repair work on products, the purchaser must contact the Dimsport Technical Support Service to request the R.M.A. number, notifying in writing, when requesting the R.M.A.:
- product serial no.
- fault encountered
The Dimsport Technical Support Service will carry out tests to verify the entity of the problem; this will be followed by an email communication with the R.M.A. number and the specific instructions to be followed. The R.M.A. number shall be indicated in the document accompanying the goods and on the packaging.
Limits on repairs carried out under warranty
The Dimsport S.r.l. warranty does not cover defects occurring beyond the term of duration of the warranty, defects that did not exist at the time of delivery of the product, defects resulting from negligent or careless use, incorrect installation or maintenance, incorrect storage and/or conservation, maintenance or technical work carried out by non-authorised personnel, damage due to transport or corrosion, or products whose serial numbers have been altered or cancelled.
Merely by way of example, the following are excluded from the warranty:
- aesthetic damage to the product such as scratches, dents, chips or nicks both to the outer shell and to the display, in addition to damage attributable to knocks and/or dropping;
- damage caused by modification of the product or alteration (hardware or software) of it, without the prior written authorisation of Dimsport;
- defects resulting from accidents, natural calamities or other causes including rain, hail, lightning and fire.
The warranty does not cover damages which are a consequence of current overloads due to the network to which the product is connected or caused by other equipment, systems or components when improperly connected or used without authorisation.
The materials subject to wear (including capacitors, batteries, LCD screens) are specifically excluded from this warranty, unless the wear or damage is attributable to a material or manufacturing defect.
Any breakage of seals or tampering with the product will result in forfeiture of the warranty.
Technical support beyond the warranty terms
The product is sold with 24 months warranty from the date on the purchase invoice.
If the product manifests operating problems beyond the warranty terms, or the warranty does not apply, the purchaser shall contact the Dimsport Technical Support Service in order to agree the procedure for sending said product for repair or inspection.
In the event of repairs carried out not covered by the warranty, the costs for repair, inspection, software updating or any reset will be sustained by the purchaser.
Dimsport reserves the right, without previous agreement with the purchaser, not to carry out the repair when reset or repair of the product are uneconomic, taking account of the value of the product and the cost of the work required.
Repair work not authorised by Dimsport – tampering
CAUTION! The equipment is sold with tamper-proof seals bearing the wording “Warranty void if seal is broken”. Removal of these seals and/or modification of any part of the hardware or software will entail the forfeiture of any warranty provided on the product by these conditions and suspension of performance of the services scheduled by the contract with the user. The purchaser of the product may carry out any work for the replacement of individual parts and/or maintenance/updating only after express written authorisation by the Dimsport Technical Support Service.
CAUTION! Dimsport may consider the performance of non-authorised work on its hardware and/or removal of the seals as attempts at tampering aimed at violation of the current laws concerning protection of industrial and intellectual property rights, reserving the right to inform the competent authorities of said actions. In this case the author of said actions may not plead good faith in his/her defence.
1. WARNING: The installation and the subsequent use of the software by the User imply acknowledgement and acceptance of the terms and conditions of this Licence Agreement in respect of Dimsport srl. Before installing and using the Software it is necessary to have read and understood this Licence Agreement.
2. Purpose. This document defines the contents of the Licence granted by Dimsport srl to the User of the Software in the possession of the User who has legitimately acquired it.
3. Indivisibility. The Software is licensed as a single unit, even if technically separated into its individual components. Under no circumstances may the individual components be separated for use separately, unless this is expressly permitted in this Licence or by applicable law.
4. Intellectual and industrial property rights. All rights for the Software and/or for the Internet Data Bank to which the User is granted access (including, by way of example, but not limited to, all images, logos, trademarks, photographs, animations, video, audio, music, text, "applets", updates) as well as the graphic layout of the Software are owned by Dimsport srl and fall under the protection of applicable Italian and International laws.
All documentation provided in analogue or digital form with the Software (including but not limited to: user manuals, instruction guides and operating manuals) is subject to copyright and may not be copied, photographed, reproduced, translated or reduced to electronic means, in whole or in part, without the prior written permission of Dimsport srl.
All rights to the commercial exploitation and use of the Software, to the Data Bank and what accompanies it or completes it, not expressly granted to the User herein, shall remain the exclusive property of the Licensor.
The use of the Software by the User shall in no way constitute in their favour rights or claims of any kind on the same.
The User shall ensure full cooperation, where needed, in order to ascertain the ownership of the rights of Dimsport srl, fulfilling any and all appropriate requirements for better protection of the same.
5. Software Licence. The Software is transferred to the User under Licence, as non-exclusive and transferable only within the limits established below.
The User may use the Software in accordance with the purpose for which it has been produced and sold, in compliance with the recommendations of use and the technical specifications provided by the Licensor, to the extent set forth in this Licence.
The software may be transferred by the User to another person only if accompanied by this Licence Agreement and shall result in the loss, by the transferor, of their right to use the software.
Consequently, each copy of the software in their possession must be immediately removed from any media that is available to the transferor.
The transfer of the software by the User to third parties does not give to the transferee any right of use of services connected to the legitimate use of the software, such as the access to the private web area and the technical support provided by Dimsport S.r.l.
If the new licensee is interested to enjoy the right to the additional services he must directly contact Dimsport Srl. and bear the corresponding costs of the offered services.
In addition to the above provisions, it is expressly forbidden for the Licensee to copy, distribute, spread, communicate or make available, for whatever reason, the software or copies thereof or otherwise allow their use by third parties, as well as to disassemble, decompile, decode, subject to reverse engineering, alter all or part of the Software, add parts or integrate it into other software, except to the extent expressly permitted under applicable rules.
6. Copy protection. The Software may contain copy protection technology to prevent unauthorized copying of the Software.
It is illegal to make unauthorized copies of the Software, or circumvent the copy protection technology contained in the Software or to copy, in whole or in part, the contents of the database without the consent of the legitimate holder.
If the User needs a backup copy of the Software, this can be requested from Dimsport srl, specifying the reasons.
Any backup copies will remain subject to the same limitations as the original, referred to herein and may be used only and exclusively for the recovery of the original in the event of its loss or irreparable damage.
BREACH OF THE LICENCE CONDITIONS CONTAINED IN ITEMS 3, 4, 5 AND 6 WILL RESULT IN THE IMMEDIATE TERMINATION OF THIS AGREEMENT AND THE SUBSEQUENT FORFEITURE BY THE USER TO ANY RIGHT TO USE THE SOFTWARE.
7. Conservation of the effects. If one or more parts of this agreement are inconsistent with applicable laws, they shall be deemed void, invalid and/or otherwise ineffective. These Licence conditions, however, will retain their effectiveness between the parties with regards to the parts not invalidated.
8. Governing Law, Dispute Resolution and Jurisdiction. This agreement is governed and regulated by Italian law.
For all matters not expressly provided herein, the provisions of Italian law shall apply.
For all disputes arising from the interpretation, execution and validity of the general terms and conditions of this agreement shall fall under the jurisdiction of – unless otherwise provided by mandatory law – the Court of the place of residence or domicile of the User, in the event the latter is considered to be a "consumer" pursuant to current law, otherwise exclusively the court of Vercelli, Italy.
9. Communication. The Licensor Dimsport Srl is headquartered at Località San Iorio 8/B, 15020 Serralunga di Crea – Italy.
Any communication or complaints should be sent to that address, or sent by fax to +39 0142940094 or to the e-mail address firstname.lastname@example.org .
Communications and complaints sent to other addresses will not be taken into account for the purposes of this Licence agreement.
10. Language. These general Licence terms and conditions are drafted in Italian and translated in English, French; Spanish, German, Portuguese. In the event of any discrepancy between the different texts or doubts about their interpretation, the Italian text will take precedence.
The Licensee declares that they have read and understood this Disclaimer in all its parts and agrees to be bound by the terms and conditions set forth herein. The Licensee also recognizes that this disclaimer is a complete and exclusive agreement with the Licensor and that it supersedes any prior agreement, oral or written, any proposal and/or previous communication on the subject matter of this agreement.
Please read carefully before you start using the tools and programs provided by Dimsport Srl.
The use shall involve the full comprehension and acceptance of this statement.
Dimsport Srl supplies several tuning kits made of software for PC (RaceEvo, FlashPoint, DSManager, MyGenius Client, Trasdata, Rapid Bike Master,Rapid TPM) and tools (NewGenius, MyGenius, Trasdata, NewTrasdata, Rapid Bike, Rapid) for race circuit competitive purposes only.
These tuning kits allow the user to manipulate and alter the engine working parameters. Consequently, the use of these products could make the vehicle not conformed to the official requirements established in your Country for what concerns speed, power level, emission levels. Moreover, it could imply higher or different levels of deterioration of mechanical and electric parts of the vehicle. The use of these products could also determine the decadence of the official warranty supplied by the manufacturer/dealer.
The above mentioned kits must be used only after a careful reading of the instructions, of the technical documentation supplied, and only in accordance with what indicated and suggested.
The provided products may allow the user to alter the vehicle performance; as a consequence of this, the vehicle itself may have different reactions compared to the standard condition as indicated by the manufacturer. The maximum caution is therefore required during the vehicle driving after the intervention.
The tuning kits provided by Dimsport Srl are conceived and manufactured for sport applications in race circuits only. Under no circumstances the products supplied by Dimsport Srl shall be used to violate or trick any national laws of the Country where the products will be used. Any violation of this rule will consequently terminate the license agreement.
The user, by the acceptance of this license agreement, agrees and states that any operation performed with the tools and software produced / supplied by Dimsport Srl will be carried out in race circuits for competitive purposes only, under his own exclusive responsibility.
Except for any specific warranty, conditions or imperative declarations that cannot be excluded or limited by the law applicable in the jurisdiction of the user, the Software/Firmware is provided by Dimsport Srl on an ""AS IS"" basis, defects included. It excludes then whatever warranty, condition or declaration of any kind expressed, included or provided by the law, common law or habit including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you.
Dimsport Srl will be free from any responsibilities with regards to damages and/or injuries, delayed or missed earnings of any kind caused by the use of its products. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Dimsport Srl or its suppliers resellers, or licensees be liable to the user or any other person for any direct, indirect, special, incidental, or consequential damages of any character including but not limited to damages for loss of goodwill, stoppage, car failure or malfunction, or any and all other commercial damages or losses, even if Dimsport Srl shall have been informed of the possibility of such damages, or for any claim by any other party.
The above declared exclusions and limitations are applied at the full extent permitted by the law present in the jurisdiction of the user. The overall responsibility of Dimsport Srl, in compliance with or in relation to the present agreement, will be limited even in the event of a material or substantial breach of this agreement or partial breach of its terms.
SETTING FILE USE CONTRACT
Art. 1 - SUBJECT
The subject of this license agreement is the supplying of the license to use archives called "setting file" needed by the users of the PC program RaceEVO, released by Dimsport Srl and available in this Data Bank. The "setting files" are required by RaceEVO to decode the content of the vehicle’s ECU (Engine Control Unit).
This agreement rules the supply, download and use of the “setting files”.
Art. 2 - LIMIT TO THE USE OF THE SETTING FILES
The setting files are supplied exclusively to display, inside RaceEVO program, a selection of maps stored into the ECU; any other use is strictly prohibited.
Under no circumstances the purpose of the supply can be modified: it is also excluded any intention to provide instruction or information about how to locate maps. It is forbidden to convert, decode or disassemble the “setting files”: this prohibition must be extended to any operation aimed at snatching information from these archives.
Dimsport Srl grants the right to download setting files exclusively to registered Clients who pur-chased the RaceEVO program directly or through Dimsport’s commercial partner and official dis-tributors.
In case of transfer of the ownership of RaceEVO program to a new subject, Dimsport Srl reserves the right to forbid the access to the Data Bank and/or to ask the new subject to purchase a license for the program.
The setting files provided remain exclusive property of Dimsport Srl, which also keeps the exclusive right to grant the use to third parties.
Art. 3 - MODIFICATION
Dimsport Srl is entitled to modify any part of this agreement at any time, especially in case of wrong use of the setting files and/or violation of what stated in Art. 2.
The modification will be valid and effective as from the moment it appears on Dimsport Srl’s web-site.
Art. 4 – RESOLUTION OF THIS AGREEMENT
Dimsport Srl is entitled to suspend the service provided through the setting file Data Bank in case of violation of what stated in Art. 2 and for outstanding payments tied to direct sales as well as business operations realised through Dimsport’s commercial partners and distributors.
In case of serious violation of what stated in Art. 2, Dimsport Srl reserves the right to resolve the present agreement and to obtain redress from the Client.
Art. 5 – DELIVERY OF THE SUPPLY
The service allowing the Client to download setting files from the Internet Data Bank is automati-cally set to 5 (five) files per day.
Nevertheless, in case of need, Dimsport will consider a temporary raise of the quantity of setting files to download. The request shall be communicated by the Client with a written message.
Art. 6 – LIMITATION OF LIABILITY
By supplying the setting files, Dimsport Srl provides a service which is limited to what expressly indicated in this agreement.
The setting files and any other software component accessed through the provided service is pro-vided to the end user "as is" without any warranty and excludes any other warranties, conditions, statements or express/implicit terms provided by the law, common law, custom, use or other - in-cluding but not limited to - the guarantees of integration, merchantability, peaceful enjoyment, satis-factory quality or suitability for specific purposes.
In particular, Dimsport Srl cannot be considered liable in case of problems tied to the Internet con-nection and/or to any other fault, failure or breakdown that may affect or delay the service itself.
Dimsport Srl will not be liable for any loss of use, interruption of business or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence),strict product liability or otherwise, even if the Client has been advised of the possibility of such damages.
In no event shall Dimsport Srl be liable for indirect, incidental, special, or consequential damages of any kind arising out of or in connection with the delivery or use of the setting files and the program RaceEVO, or with the performance of any agreement.
The Client moreover confirms to be aware that the operations achieved could make the vehicle not conformed to the official requirements established in his Country for what concerns speed, power level, emission levels. Moreover, it could imply higher or different levels of deterioration of me-chanical and electric parts of the vehicle.
The Client agrees and states that any operation performed with the setting files and program RaceEVO provided by Dimsport Srl will be carried out for race circuit competitive purposes only, under his own exclusive responsibility.
The operations accomplished by the use of the setting files could make the vehicle unfit for the Country's requirements and standards of power, speed and emissions, the setting file features are designed and developed exclusively for agonistic/diagnostic/sport use in circuits intended for this purpose.
The use outside such limits may result in the imposition of sanctions or even the voiding of the vehicle manufacturer's warranty.
Dimsport does not provide guarantees and shall in no event be liable for any possible malfunctioning or problem deriving from such intervention.
Art. 7 – FINAL NOTES
The operator currently connected to this Data Bank states to be owner of a registered license for RaceEVO program and therefore to be legally authorized to withdraw and use the setting files. By completing the download, all the conditions and rules affirmed in this agreement are fully under-stood and accepted.
This Agreement supersedes and replaces any previous version of this agreement or any agreement concerning this subject, established with both Dimsport Srl and any of the commercial partners and/or official distributors. DIMSPORT Srl reserves the right to modify it without any notice.
In the event of any dispute arising out of or relating to this agreement, the case shall be governed by and construed by the competent court of Casale Monferrato (AL),in accordance with the laws of Italy.