trutankless TR36 - End User License Agreement (EULA); Software License, Restrictions, and Updates; Software Ownership and Feedback

36
1. LICENSE
Subject to the terms of this EULA, trutankless grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of
the Product Soware, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the
Product for your personal, non-commercial purposes.
2. RESTRICTIONS
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise
commercially exploit the Product Soware or make the Product Soware available to any third party, (b) copy or use the Product Soware for any
purpose other than as permitted in Section 1, (c) use any portion of the Product Soware on any device or computer other than the Product that you
own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Soware, or
(e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Soware (except to the extent applicable
laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact trutankless and provide trutankless
an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional
evaluation of any of the Product Soware to any third party without prior written approval of trutankless for each such release.
3. AUTOMATIC SOFTWARE UPDATES
trutankless may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product
Soware and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional
consent. You consent to this automatic update. If you do not want such Updates, your remedy is to deactivate your Wi-Fi connection to your device and
stop using the Services, applications and website. If you do not disconnect a device, you will receive Updates automatically. You acknowledge that you
may be required to install Updates to use the Product and the Product Soware and you agree to promptly install any Updates trutankless provides.
Your continued use of the Product is your agreement to this EULA.
4. OWNERSHIP
The Product Soware and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of trutankless
and its licensors. trutankless and its licensors reserve all rights in and to the Product Soware not expressly granted to you in this EULA. The Product
Soware (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback
provided by you to trutankless with respect to the Product Soware shall be trutankless ’ property. trutankless may use, copy, modify, publish, or
redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that trutankless does not
waive any rights to use similar or related ideas previously known to trutankless , developed by its employees, or obtained from other sources.
5. OPEN SOURCE
Certain items of soware included with the Product Soware are subject to “open source” or “free soware” licenses (“Open Source Soware”). Some
of the Open Source Soware is owned by third parties. The Open Source Soware is not subject to the terms and conditions of this EULA. Instead, each
item of Open Source Soware is licensed under the terms of the end user license that accompanies such Open Source Soware. Nothing in this EULA
limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Soware. If
required by any license for particular Open Source Soware, trutankless makes such Open Source Soware, and trutankless ’ modifications to that Open
Source Soware, available by written request to trutankless at the email or mailing address listed below.
6. TERM AND TERMINATION
This EULA and the license granted hereunder are eective on the date you first use the Product Soware or Product and shall continue for as long
as you own the Product, unless this EULA is terminated under this section. trutankless may terminate this EULA at any time if you fail to comply with
any term(s) hereof. You may terminate this EULA eective immediately upon written notice to trutankless . Upon termination of this EULA, the license
granted hereunder will terminate and you must stop all use of the Product Soware, but the terms of Sections 2 through 18 (inclusive) will remain in
eect, aer any such termination.
7. WARRANTY DISCLAIMER
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUTANKLESS PROVIDES THE
PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-
PARTY RIGHTS. TRUTANKLESS DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. TRUTANKLESS MAKES NO
WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU
WILL BE SOLELY RESPONSIBLE FOR (AND TRUTANKLESS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HVAC SYSTEM,
PLUMBING, ELECTRICAL, HOME, PERSON OR PERSONS, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE,
AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT.
8. LIMITATION OF LIABILITY
Nothing in this EULA and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under
applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TRUTANKLESS
BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS,
ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF TRUTANKLESS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES, AND (B) TRUTANKLESS TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE,