PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THIS END USER LICENSE AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This X Shore Americas, Inc. (“X Shore”) End User License Agreement (this “EULA”) is a binding agreement between the purchaser of the X Shore Boat (the “Buyer” or “you”) and X Shore and may be incorporated by reference from the Buyer’s Boat Purchase Agreement (defined below). Buyer has purchased an X Shore boat (the “Boat”) from X Shore or an authorized dealer in accordance with a purchase agreement or the applicable authorized dealer ordering document (the “Boat Purchase Agreement”). X Shore’s software is installed on the Boat for the purpose of monitoring, providing access to, providing services to, and delivering other functions to the Boat (the “Software”) and this EULA governs the use of such Software.
X SHORE PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT BUYER ACCEPTS AND COMPLIES WITH THIS EULA. BUYER REPRESENTS AND WARRANTS THAT (I) BUYER IS OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF BUYER IS A LEGAL ENTITY, BUYER HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF SUCH LEGAL ENTITY AND BIND SUCH LEGAL ENTITY TO THIS EULA. IF BUYER DOES NOT AGREE TO THIS EULA, BUYER WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO BUYER AND BUYER MUST NOT ACCESS OR USE THE SOFTWARE.