trutankless TR15 - E N D Use R L I C Ens E Ag R Ee M E

INSTALLATION AND OPERATION GUIDE
35
11. GENERAL
(a) Changes to these Terms. trutankless reserves the right to make changes to these Terms. You should ensure that you have read and agree with
our most recent terms of service when you use the Services. Continued use of the Services following notice of such changes shall indicate your
acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
(b) Governing Law. These Terms are governed by the laws of the State of California without giving eect to any conflict of laws principles that may
provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for
Maricopa County, Arizona for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in
an above section.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, trutankless may seek injunctive or other equitable
relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court
of competent jurisdiction.
(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and trutankless regarding the use of the Services. Any
failure by trutankless to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section
titles in these Terms are for convenience only and have no legal or contractual eect. If any provision of these Terms is, for any reason, held to be invalid
or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it
is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(e) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without trutankless’s prior
written consent. These Terms may be assigned by trutankless without restriction. These Terms are binding upon any permitted assignee.
(f) Notifications. trutankless may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the
primary email associated with your Account, hard copy, or posting of such notice on the Site. trutankless is not responsible for any automatic filtering
you or your network provider may apply to email notifications. trutankless recommends that you add @trutankless.com URLs to your email address
book to help ensure you receive email notifications from trutankless.
(g) Disclosures. Please see our website contact information for Trutankless’s address.
(h) Copyright/Trademark Information. Copyright © 2014, trutankless. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed
on the Services are the property of trutankless or of their respective holders. You are not permitted to use any of the Marks without the applicable
prior written consent of trutankless or such respective holders. trutankless reserves the right to alter product and services oerings, specifications, and
pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
END USER LICENSE AGREEMENT
By using the soware (“Product Soware”) that is embedded on the trutankless product (“Product”), you agree to the terms of this End User License
Agreement (“EULA”) between you and trutankless (“trutankless” or “we”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE
PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING
TRUTANKLESS AT THE ADDRESS BELOW. Your use of (a) the website located at trutankless.com and mytankless.com sub-domains (each, a “Site”), (b)
services through the Site (and any updates thereto) (“Site Services”), and (c) certain soware that may be downloaded to your mobile device (and any
updates thereto) (“Mobile Soware”) is governed by the Terms of Service Your purchase of the Product (excluding the Product Soware) is governed
by the trutankless limited warranty, the terms of which are provided with the Product. This EULA does not govern your use of the Site, Site Services, or
Mobile Soware, or your purchase of the Product (excluding the Product Soware). This EULA governs your access and use of the Product Soware. This
EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers,
exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the
exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA
may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF
YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY,
AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF
SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. IF YOU DO
NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD
NOT USE THE PRODUCT SOFTWARE. AS DESCRIBED BELOW, SECTION 9 DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT SOFTWARE AND
RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE
ACKNOWLEDGING THEM AND ACCEPTING THEM.