The Software is protected by copyright and other intellectual property laws and treaties.  The Software is licensed, not sold.

This EULA (End User License Agreement) applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Tesla Digital may provide to you or make available to you after the date you obtain your initial copy of the Software, except to the extent Tesla Digital provides other terms along with the update, supplement, add-on component, or Internet-based services component. Tesla Digital reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.

Without prejudice to any other rights, Tesla Digital may cancel this EULA if you do not abide by its terms and conditions, in which case you must destroy all copies of the Software and all of its component parts.

The software is deemed accepted by you.  To the maximum extent permitted by applicable law, Tesla Digital and its suppliers provide the software and any (if any) support services related to the software as is and with all faults, and hereby disclaim with respect to the software and support services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to:  merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement.  The entire risk as to the quality or arising out of the use or performance of the software and any support services, remains with you.

Having acquired the software in Europe, in no event shall Tesla Digital, its affiliate, officers, Directors, employees, agents, suppliers and licensors, be liable for any loss in revenue, lost profit, or lost or damaged data, business interruption, loss of capital, for  special, indirect consequential, incidental, or punitive damages, howsoever arising, including, without limitation in contract, tort(including negligence) or whether arising out of the use of or inability to use the software, even if, in each case, Tesla Digital, its affiliates, offices, directors, employees, agents, suppliers and licensors have been advised of the possibility of such damages because some states or jurisdictions do not allow limitation or exclusion  of consequential or incidental damages, the above limitation may not fully apply to you. The foregoing exclusion shall not apply to any liability arising out of or in connection with (i) death or personal injury, (ii) death or personal injury, (iii) fraudulent misrepresentation, or (iv) Tesla Digital’s liability in connection with any terms that cannot be excluded under applicable law.

Having acquired the software in Europe, notwithstanding anything else in the agreement to the contrary, all liability of Tesla Digital, its affiliates, officers, Directors, employees, agents, suppliers and licensors collectively, to customers, whether in contract, tort (including negligence), breach of warranty or otherwise, shall not exceed the price paid by you to Tesla Digital for the software that give rise to the claim or if the software is part of another product, the price paid for such other product. This limitation of liability for software is cumulative and not per incident (i.e. the existence of two or more claims will not enlarge this limit). Nothing in the agreement shall limit (i) the liability of Tesla Digital, its affiliates, offices, Directors, employees, agents, suppliers and licensors to customers for personal injury or death caused by their negligence (ii) Tesla Digital’s liability for fraudulent misrepresentation, or (iii) any liability of Tesla Digital which cannot be excluded under applicable law.

You acknowledge and agree that Tesla Digital has set its prices and entered into the EULA in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fall of its essential purpose and cause consequential loss) and that the same form an essential basis of the bargain between the parties.

This EULA shall be controlled by and excluded under the laws of England, notwithstanding any conflicts of law provisions; and the English courts shall have exclusive jurisdiction over any claim arising under the Agreement of Warranties. No person who is not a party to the Agreement shall be entitled to enforce or take the benefit of any of its terms under the contracts (Rights of Third Parties) Act 1999.

The parties specifically disclaim the application of the UN Convention of Contracts for the international Sale of Goods. Notwithstanding the foregoing, either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such party’s intellectual property or proprietary rights. If any portion hereof is found to be void or unenforceable, the remaining provisions of the EULA shall remain in full force and effect. This EULA constitutes the entire agreement between you and Tesla Digital relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the software or any other subject matter covered by this EULA.  The extent to which the terms of any Tesla Digital policies or programs for support service conflict with the terms of this EULA, the terms of the EULA shall control.