The MetaCare Assurance Plan is a new software maintenance agreement that entitles you to obtain and legally install future software updates for MetaGeek software. Your plan is valid for all updates released during the period the software maintenance agreement is in effect. Updates range from bug fixes, minor feature updates, major enhancements, and all the other wonderful changes we have in store.
MetaCare is provided by MetaGeek directly, whether you purchased your software from MetaGeek or through an authorized MetaGeek Reseller. The agreement is by default an annual contract - longer terms are available for purchase and will guarantee you have the most current and feature-rich versions of the Wi-Fi Troubleshooting tools you need.
Terms & Conditions
This Software Maintenance Agreement ("Agreement") is entered into upon payment for Software Maintenance, provided you have a current and valid license for the Software. If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement.
Definitions
For purposes of this Agreement:
Software
The specific version of MetaGeek software product for which maintenance is purchased, including related documentation.
Software Update
A "maintenance" release intended to correct deficiencies or bugs.
Software Upgrade
An enhanced, improved, or modified version of the Software that replaces the existing version.
Effective Date
The date when the last valid maintenance period expired.
Maintenance
MetaGeek will provide Software Updates and Upgrades, along with other documentation, at its sole discretion. This Agreement does not authorize an increase in licensed copies and prohibits transferring prior versions of the Software. All use of updates, upgrades, and documentation is governed by the original license agreement.
Payment
Payment for Software Maintenance is due in advance, applied via methods described on MetaGeek's website or pre-approved terms.
Term, Termination, Renewal
This Agreement begins on the Effective Date and lasts for the purchased term. It will terminate immediately if you fail to comply with its terms or the original software license terms, or upon notice on MetaGeek's website. After expiration, MetaGeek may allow new maintenance services under a separate agreement, otherwise, you will no longer be eligible for Software Maintenance.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Software Maintenance is provided "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE" without any warranty. MetaGeek disclaims all warranties, express or implied, including merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and those arising from performance or trade usage.
MetaGeek does not warrant that the maintenance will meet your needs, be error-free, uninterrupted, or free of harmful components. Furthermore, MetaGeek's liability for indirect, special, incidental, consequential, or punitive damages (including loss of data, profits, or cost of cover) is excluded, regardless of the cause or theory of liability. MetaGeek's total and cumulative liability is limited to the amounts actually paid by you under the order. Some states may not allow these exclusions or limitations.
General
This Agreement is governed by the laws of Idaho, USA, and actions must be brought in Ada County, Idaho courts. It explicitly excludes the United Nations Convention on Contracts for the International Sale of Goods. If any part is unenforceable, the rest remains valid. Amendments or waivers must be in writing and signed by an authorized MetaGeek officer. This Agreement constitutes the complete agreement, superseding all prior communications. Assignment of this Agreement or rights/duties without MetaGeek's prior written consent is void.
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