By signing up for either a TechSuite Account or Kabuto Account, you (or if the end-user is a corporation or
other legal entity, that entity) agree with REPAIRTECH, INC. as set forth below, with the same
legal and binding effect as if you had signed a copy of this Agreement printed on paper and
returned it to REPAIRTECH, INC.. If you do not agree, you are not authorized to
make any further use of software or media owned by REPAIRTECH, INC., and are instructed to
immediately quit the program, permanently erase any copies that may have been made, and
advise REPAIRTECH, INC. that you have done so, and you will be refunded any fees you have
WARNING: This software contains security measures by which it may be automatically disabled unless you fully comply with the terms of the license agreement.
RepairTech End-User License Agreement
IMPORTANT NOTICE: CAREFULLY READ AND BE SURE YOU UNDERSTAND THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE YOU ACCEPT ITS PROVISIONS. REPAIRTECH, INC IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE PROVISIONS OF THIS EULA. BY CLICKING THE “I AGREE” OR “YES” BUTTON, BY LOADING THE SOFTWARE OR BY OTHERWISE INDICATING ASSENT, YOU ACCEPT THIS EULA AND THIS EULA WILL BECOME A LEGAL AND ENFORCEABLE CONTRACT BETWEEN REPAIRTECH, INC AND YOU. IF YOU DO NOT AGREE TO THESE PROVISIONS, THEN DO NOT DOWNLOAD OR USE TECHSUITE, KABUTO OR ANY OF OUR OTHER PRODUCT OFFERINGS. FROM HERE ON, TECHSUITE AND KABUTO AND ALL OTHER PRODUCT OFFERINGS WILL BE REFERRED TO AS “THE SOFTWARE”.
Disclaimer and Limited Warranty:
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND TO THE EXTENT AUTHORIZED BY LAW, REPAIRTECH, INC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REPAIRTECH, INC ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE THE SOFTWARE WITH OTHER PRODUCTS.
You further specifically agree and acknowledge that:
a) The Software is designed to be used by trained IT professionals, merely as a tool to accelerate and increase the efficiency of your own diagnosis and maintenance of the subject computers or other devices, and not as a substitute for same, and You agree that you will not rely on it to the exclusion of your own professional diligence and judgment. You agree you are solely responsible for, and will indemnify and hold harmless REPAIRTECH INC. from liability for, your advice to your customers or others who may receive the results of your use of the Software.
b) The Software has been designed to look for only particular faults and issues. Thus, you agree that report from the Software that no faults have been found, or that certain faults have been identified, does not necessarily mean that no faults or issues exist, or that no faults exist other than the identified ones, and merely an absence of those specific ones the Software has been designed to look for.
c) The Software has been designed to work in certain common particular environments of software and hardware, as generally described in the documentation as accompanied the Software and subsequent updates and versions of same. Those particular environments might, but certainly may not match the exact same environment as You may be using it, which will necessarily mean the results of generated by the Software may not be exactly as would be generated in the design environment. REPAIRTECH will necessarily have no knowledge of the particular environment in which you are applying it, but you will have complete knowledge, and therefore only you can properly interpret the validity and applicability of whatever results the Software may generate to your particular applications of it. You agree you will compare the hardware/software environment in which you are using it to the design environment as described in the documentation, and adjust accordingly your interpretation of the results generated by the Software.
d) You will not use the Software for any purpose as could result in injury to people, property, or economic loss. You specifically agree not to use it in the aviation, hospital, defense, or nuclear power industries.
(1) In connection with this Agreement and subject to the restrictions set forth herein, REPAIRTECH, INC hereby grants to You, a fully-paid-up , limited, non-exclusive, nontransferable license (i) to install the Software solely and exclusively on Devices that You have the legal rights to control and (ii) to use the Software solely and exclusively for the purpose of use and computer repair, and for use only on the allowed number of CPUS, and/or permitted set of registered CPUS, and/or by a permitted set of users, or by a maximum allowed number of simultaneous users, as more particular specified by the particular License level to which you have subscribed. You may not network the Software or otherwise use it, such that it is running on more than the permitted number of CPU.
(2) REPAIRTECH, INC reserves the right in its sole discretion to edit, add to or delete any of the Documentation, computer software program(s), data files or other components of the Software from time to time. Furthermore, REPAIRTECH, INC shall have the right, but not any obligation, at any time and from time to time to modify or provide Update(s) or Upgrade(s) to the Software or components thereof as REPAIRTECH, INC may determine in its sole discretion. You agree and acknowledge that no product or service of REPAIRTECH, INC not specifically described in this Agreement shall be deemed to have been licensed to You hereby.
(3) You shall have no right to grant any sublicenses with respect to the Software or any component(s) thereof.
(4) Except for the license rights granted to You hereunder, You shall have no right, title or interest in and to the Software or any component(s) thereof, including, without limitation, the Documentation, or to any of the patents, copyrights, trade secrets, trademarks, mask works, inventions, source code, object code, listings and documentation related thereto, together with all revisions, modifications, alterations, and derivative works thereof in all forms.
(5) You expressly agree and acknowledge that REPAIRTECH, INC will provide You the Software pursuant to the terms of this Agreement in object code only and that You shall have no rights to access the source code of the Software or any component thereof or any Update(s) or Upgrade(s) (if any) thereto.
(6) You are expressly prohibited from editing, revising, changing or otherwise modifying or seeking to decompile the Software’s object code or to attempt to reverse engineer or otherwise generate source code(s) therefrom.
(7) You are expressly prohibited from removing or modifying any references to copyright, the marking of other industrial property rights or serial numbers and other features that serve to identify the Software. The removal of copy protection or similar protective routines is not allowed.
(1) The term of this agreement shall commence upon Your first use of the Software or acceptance of the terms and conditions of this EULA , whichever occurs first, and shall terminate upon the earlier of (i) lapse of the license according to the description of the product (ii) termination of this agreement by REPAIRTECH, INC for any reason, or (iii) discontinuation of the Software by REPAIRTECH, INC., or (iv), 30 days emailed notice to You by REPAIRTECH.
(2) Upon any expiration or termination of this Agreement, the rights and licenses granted to You under this agreement shall immediately terminate, and You shall immediately cease using the Software.
Subscription prices and all other terms of the license may be changed by REPAIRTECH Inc., upon 30 days email notice to You at any time.
WARNING: The software contains security features that contact REPAIRTECH, INC. over the internet upon each launch, and supply to REPAIRTECH information on the identity of the registered user, CPU serial number being applied to, and other information as REPAIRTECH may instruct the Software to send, in order to ensure that such use is in compliance with the terms of the license as to permitted number of simultaneous users, permitted number of CPUS, and other limitations of the license level subscribed to, or the Software will disable itself. The Software contains features which will allow it to run on only the allowed number of CPUS, and/ or permitted set of registered CPUS, and/or by maximum allowed number of simultaneous users. You agree not to attempt to disable or circumvent the above or any other security features contained in the Software.
No Support or Maintenance.
You acknowledge that You will not be entitled to any training or technical support from REPAIRTECH or its staff, other than online support as REPAIRTECH may from time to time, but is not obligated to, offer. You acknowledge that REPAIRTECH undertakes no warrantee or other obligation whatsoever to fix bugs, improve, enhance, or further develop the Software. You acknowledge that the functionality of the Software is based on and necessarily dependent on other software and hardware products owned by others and that REPAIRTECH undertakes no warrantee or other obligation whatsoever or maintain the usability or operability of the Software with future changes in any particular hardware platform, operating system, or other software.
Limitation of Liability
(1) UNDER NO CIRCUMSTANCES SHALL REPAIRTECH, INC BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES FROM LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL REPAIRTECH, INC BE LIABLE FOR ANY DAMAGES EVEN IF REPAIRTECH, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(2) The foregoing limitations of liability also apply in regard to all REPAIRTECH, INC's representatives, including but not limited to its directors, legal representatives, employees and other vicarious agents.
Governing Law and Venue
This License Agreement shall be deemed to be entered into in California, U.S.A, and shall be governed by and construed in accordance with the laws of the State of California as applied to transactions taking place wholly within California between California residents, without reference to its conflicts-of-laws rules, regardless of where you actually live or use the Software, or where you purchased or ordered it. You hereby consent to the jurisdiction of the Superior Court of San Jose, California, U.S.A, respecting any and all proceedings to enforce or construe this License Agreement, which are brought by REPAIRTECH or by you.
(1) This EULA sets forth all of Your rights to use the Software and makes up the entire agreement between You and REPAIRTECH, INC. This EULA supersedes any other communications, representations or advertising relating to the Software. (2) No provision hereof shall be deemed waived unless there is a written waiver signed by an authorized REPAIRTECH, INC representative.
(3) If any provision of this EULA is held invalid, the remainder of this EULA shall remain in full force and effect. To the extent that an otherwise invalid provision can be construed so as to be valid, that provision shall be so construed.
(4) All rights not expressly set forth hereunder are reserved by REPAIRTECH, INC.
(5) The descriptive headings in this EULA have been inserted for convenience and shall not limit or otherwise affect the construction or interpretation of this EULA.
(6) You may not assign Your rights under this EULA without the express written permission of REPAIRTECH, INC.
(1) REPAIRTECH, INC - means REPAIRTECH, INC, a Delaware Corporation doing business in California as Repairtech Solutions.
(2) The Software - TechSuite, Kabuto, and all other products offered by REPAIRTECH, INC. The Software includes (i) any and all Updates and Upgrades thereto that REPAIRTECH, INC makes available to You and (ii) any and all accompanying Documentation and (iii) any and all accompanying services provided by REPAIRTECH, INC via its website or alternative communication channels.
(3) Device - means any electronic device that is able to process data with the assistance of a programmable calculation specification.
(4) Documentation – means written materials, in printed or electronic form, describing the features of the Software and/or Updates and Upgrades and that are designed to assist You in effectively utilizing the Software, Updates and/or Upgrades. Such Documentation does not vary the terms of this EULA.
Questions? Contact firstname.lastname@example.org and we'll be happy to help.