Off-The-Shelf Tune and Definition File (.xdf/.xml) Release of Liability
All downloadable .xml, .xdf, and tune files are created as the result of the extremely complex and time consuming process of reverse-engineering the factory ECU. Because of this complexity, it is necessary to make certain assumptions and, therefore, it is impossible to always deal in absolutes in regards to representations made by these files. In addition, due to this complexity and the numerous variations among different ECUs, it is also impossible to guarantee that the files will not contain errors or other bugs. What all this means is that there is the potential for bugs, errors and misrepresentations which can result in damage to your motor, your ECU as well the possibility of causing your vehicle to behave unexpectedly on the road, increasing the risk of death, loss, or injury. Modifications to your vehicle’s ECU may also be in violation of local, state and federal laws. By using these definition files, either directly or indirectly, you agree to assume 100% of all risk and Openflash Performance Inc., its agents, creators and/or contributors shall not be held responsible for any damages or injuries you receive. This product is for advanced users only. There are no safeguards in place when tuning with TunerPro, ROMRaider, and on occasion your Openflash Tablet or Openflash Manager. As such, the potential for serious damage, injury, or loss still exists, even if you do not experience any bugs or errors.
These definition and tune files are created for free without any sort of guarantee. The developers (or Openflash Performance Inc. cannot be held liable for any damage or injury incurred as a result of the files you willingly download. By seeking out and downloading these files you assume all risk, responsibility, and liability for the application and their use.
I, , have voulintarily elected to use free tune files provided by Openflash Performance Inc. DBA as Openflash Tablet with my vehicle ECU.
In consideration, I hereby knowingly and voluntarily release, waive, discharge, and covenant not to sue Openflash Performance Inc., or its directors, agents, or employees (hereinafter referred to as “operators”) from any and all obligations, claims, or causes of action of any kind whatsoever, known or unknown, in tort, contract, or by federal, state, or local statute, regulation, or order, or on any other basis, for equitable relief, compensatory, punitive, or other damages, or for expenses (including attorney’s fees) whether caused by the negligence of the operators or otherwise, that arise in connection with the use of their free off-the-shelf tune programs.
Furthermore, due to the inherent dangers surrounding the operation of my vehicle for testing, there is risk of personal injury. Understanding this risk, I agree to assume all liability for accidental injury or body damage to myself and any passengers I may have, and release Openflash Performance Inc., of any and all liability. I have read this Waiver and Release of Liability and agree to accept all of its terms.
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Document Name: Off-The-Shelf Tune and Definition File (.xdf/.xml) Release of Liability
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