End-User License Agreement ("Agreement")
Last updated: April 7, 2022
Please read this End-User License Agreement ("Agreement") carefully before clicking the "Accept" button or using TPMS Desktop ("Application").
By clicking the "Accept" button or using the Application, you (the Licensee, either an individual or a single entity) are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between the Licensee and Bartec Auto ID Limited (the Licensor) and it governs your use of the Application made available to you by the Licensor.
If you do not agree to the terms of this Agreement, do not click on the "Accept" button and do not use the Application.
The Application is licensed, not sold, to you by the Licensor for use strictly in accordance with the terms of this Agreement.
The Licensor grants the Licensee a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The Licensee agree not to, and will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of The Licensor or its affiliates, partners or suppliers.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Licensor.
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by the Licensee to the Licensor with respect to the Application shall remain the sole and exclusive property of the Licensor.
The Licensor shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to the Licensee.
Modifications to Application
The Licensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to the Licensee.
Updates to Application
The Licensor may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. The Licensee agree that the Licensor has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to the Licensee.
The Licensee further agrees that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
The Licensee acknowledge and agree that the Licensor shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Licensor does not assume and shall not have any liability or responsibility to the Licensee or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to the Licensee and the Licensee accesses and uses them entirely at their own risk and subject to such third parties' terms and conditions.
The Licensor collects and uses technical data and related information, including, but not limited to, hand-tool use, service measurements and system logs. The Licensor may use this information to improve its products, technical support or to provide services or technologies to the Licensee. This information will not be in a form that personally identifies the Licensee or the Licensee’s customers.
Term and Termination
This Agreement shall remain in effect until terminated by the Licensee or the Licensor.
The Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Licensor, in the event that the Licensee fail to comply with any provision of this Agreement. The Licensee may also terminate this Agreement by deleting the Application and all copies thereof from their mobile device or computer.
Upon termination of this Agreement, the Licensee shall cease all use of the Application and delete all copies of the Application from their mobile device or computer.
Termination of this Agreement will not limit any of the Licensor's rights or remedies at law or in equity in case of breach by the Licensee (during the term of this Agreement) of any of their obligations under the present Agreement.
The Licensee agree to indemnify and hold the Licensor and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of their: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to the Licensee "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Licensor, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Licensor provides no warranty or undertaking, and makes no representation of any kind that the Application will meet the Licensee’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Licensor nor any Licensor's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Licensor are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the Licensee.
Limitation of Liability
Notwithstanding any damages that the Licensee might incur, the entire liability of the Licensor and any of its suppliers under any provision of this Agreement and the Licensee’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Licensee for the Application.
To the maximum extent permitted by applicable law, in no event shall the Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Licensor or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Licensee.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
The Licensor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, the Licensee agree to be bound by the revised terms. If the Licensee does not agree to the new terms, you are no longer authorized to use the Application.
The laws of United Kingdom, excluding its conflicts of law rules, shall govern this Agreement and the Licensee’s use of the Application. The Licensee’s use of the Application may also be subject to other local, state, national, or international laws.
If the Licensee has any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between the Licensee and the Licensor regarding the Licensee’s use of the Application and supersedes all prior and contemporaneous written or oral agreements between the Licensee and the Licensor.
The Licensee may be subject to additional terms and conditions that apply when the Licensee use or purchase other services from the Licensor, which the Licensor will provide to you at the time of such use or purchase.