Terms Of Service
1. LICENSE
By using Teslemetry ("Software") you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Teslemetry your use of Teslemetry indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Teslemetry grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Teslemetry in accordance with this Agreement and any other written agreement with Teslemetry. Teslemetry does not transfer the title of Teslemetry to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Teslemetry and the purchasers or users of Teslemetry.
If you do not agree to be bound by this agreement, you may delete your account and revoke Teslemetry from your Tesla account.
2. DISTRIBUTION
Teslemetry and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Teslemetry contact [email protected].
3. USER AGREEMENT
3.1 Use Restrictions
You shall use Teslemetry in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Teslemetry together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
3.2 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Teslemetry. Nor can you create any derivative works or other works that are based upon or derived from Teslemetry in whole or in part.
Teslemetry's name, logo and graphics file that represents Teslemetry shall not be used in any way to promote products developed with Teslemetry . Teslemetry retains sole and exclusive ownership of all right, title and interest in and to Teslemetry and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Teslemetry, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Teslemetry.
3.3 Limitation of Responsibility
You will indemnify, hold harmless, and defend Teslemetry, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Teslemetry's Software.
In no event (including, without limitation, in the event of negligence) will Teslemetry, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Teslemetry or the use or inability to use Teslemetry or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Teslemetry's entire liability, without exception, is limited to the customers' reimbursement of the subscription paid.
3.4 Warranties
Except as expressly stated in writing, Teslemetry makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.5 Governing Law
This Agreement shall be governed by the law of Australia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Queensland Australia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.6 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Teslemetry and destroy all copies of Teslemetry supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY TESLEMETRY AS WELL.
5. CONSENT OF USE OF DATA
You agree that Teslemetry may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Teslemetry. Teslemetry may also use this information to provide notices to you which may be of use or interest to you.