End-user license agreement (EULA)
This End-User License Agreement is a legal agreement between you (The Client) and Tesla Digital (Pty) Ltd for the software product you are about to install, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). You agree to be bound by the terms of this EULA by installing, copying, or otherwise using the software. If you do not agree, do not install or use the software.
The client will have the right to terminate the EULA provided Tesla Digital is provided with one month written notice of such termination. On termination of the EULA the Client will cease to have the right to operate the software and the software will no longer be licensed to the client, in which case you must destroy all copies of the Software and all of its component parts.
Obligations of Tesla Digital
Tesla Digital grants the client the right to utilize the Software for the duration of this agreement and will from time to time, at the sole discretion of Tesla Digital, provide the client with upgrades to the Software. The client agrees that Tesla Digital may take whatever steps are required to disable or uninstall the Software should the client be in breach of this agreement.
Obligations of the client
The client authorizes Tesla Digital to charge the credit card of the client a monthly fee for the duration of this agreement. The monthly fee will be reviewed from time to time and may be subject to increases. The Client will be informed in advance of any increases and will have the right to terminate the subscription prior to the increases taking effect. The client will log on to the internet payment gateway of Tesla Digital and authorize the recurring monthly payment online.
The Software is protected by copyright and other intellectual property laws and treaties. The Software is licensed, not sold.
This EULA 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.
To the maximum extent permitted by applicable law, in no event shall Tesla Digital or its suppliers be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software or support services, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Tesla Digital or any supplier, and even if Tesla Digital or any supplier has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This EULA shall be construed and controlled by the laws of the Republic of South Africa, and you consent to exclusive jurisdiction and venue in the courts sitting in Cape Town, South Africa. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.
If you acquired this Software in the Republic of South Africa, this EULA is governed by the laws of the Republic of South Africa. In respect of any dispute which may arise hereunder, you consent to the jurisdiction of the courts sitting in Cape Town, South Africa. If this Software was acquired outside the Republic of South Africa, then local law may apply.
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. To the extent the terms of any Tesla Digital policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.