1. Parties
This Software/Firmware Purchase Agreement (hereinafter referred to as the “Agreement”) is entered into between Tuning Host SL GmbH (hereinafter referred to as the “Provider”) and the customer purchasing the software/firmware (hereinafter referred to as the “Customer”).
2. Subject
The Provider agrees to provide the Customer with software/firmware for engine control units, which will be delivered electronically over the internet.
3. Payment
The Customer agrees to pay the specified fee for the software/firmware upon purchase. Payment shall be made through the designated payment method.
4. Delivery
Upon receipt of payment, the Provider will deliver the software/firmware to the Customer electronically to the email address provided by the Customer.
5. Disclaimer
The Customer acknowledges and agrees that the software/firmware is provided “as is.” The Provider makes no warranties, express or implied, regarding the performance, reliability, or suitability of the software/firmware for any particular purpose.
6. Limitation of Liability
The Customer agrees that the Provider shall not be liable for any damages, including but not limited to, loss of data, loss of profits, or any other incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the software/firmware.
7. Indemnification
The Customer agrees to indemnify and hold harmless the Provider from any claims, damages, liabilities, or expenses arising out of or in connection with the Customer’s use of the software/firmware.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Reutlingen. Any disputes arising out of or in connection with this Agreement shall be resolved exclusively by the courts of Reutlingen.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.
10. Acceptance
By purchasing the software/firmware, the Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.