End-User License Agreement (EULA) of SolarAssistant

1. Introduction

This End-User License Agreement ("EULA") is a legal agreement between you and Solar Assistant Software.

This EULA agreement governs your acquisition and use of our SolarAssistant software ("Software") or device pre-loaded with our Software ("Device") directly from Solar Assistant Software or indirectly through a Solar Assistant Software authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before installing or using the Solar Assistant Software or device. It provides a license to use the Solar Assistant Software and contains warranty information and liability disclaimers.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software or Device, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software or Device supplied by Solar Assistant Software herewith regardless of whether other Software is referred to or described herein. The terms also apply to any SolarAssistant Software updates, supplements, Internet-based services, and support services for the Software or Device, unless other terms accompany those items on delivery. If so, those terms apply.

2. License Grant

Solar Assistant Software hereby grants you a personal, non-transferable, non-exclusive licence to use the Solar Assistant Software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the SolarAssistant Software onto a device under your control.

You are not permitted to:

3. Intellectual Property and Ownership

Solar Assistant Software shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Solar Assistant Software.

Solar Assistant Software reserves the right to grant licences to use the Software to third parties.

4. No warranties

The Software is provided “as is,” with all faults, and Solar Assistant Software makes no express or implied representations or warranties, of any kind related to the Software. Additionally, information displayed by our Software shall be construed as providing consult or advice to you. Always consult your qualified professional solar installer on how to interpret information displayed by our Software.

Solar Assistant Software provides guidelines of how to use our Software and devices. These guidelines do not construe instructions on how to configure your specific solar system because each solar installation is different. End users should always consult their solar installer for guidance on administering their solar system.

5. Limitation of liability

Inappropriate use or misconfiguration of solar equipment and/or Software can cause damage to electronic equipment, injury and death. Solar equipment and Software should only be installed and administered by a qualified professional solar installer familiar with the solar equipment and Software involved.

In no event shall Solar Assistant Software, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of our Software, whether such liability is under contract, tort or otherwise, and Solar Assistant Software , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Software.

6. Indemnification

You hereby indemnify to the fullest extent Solar Assistant Software from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

7. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

8. Termination

This EULA agreement is effective from the date you first use the Software or Device and shall continue until terminated. You may terminate it at any time upon written notice to Solar Assistant Software.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software or Device. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

9. Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of South Africa.