M Engineering LLC (M-Engineering), a Montana limited liability company, provides computer software for vehicles to improve performance and capability. All software is proprietary in nature, and requires explicit waiver of liability, assumption of risk, and indemnification of M. Engineering prior to purchase and installation.

 

This document is legally binding. If you do not agree to the terms herein, do not continue with your purchase and the installation process.

 

In being permitted to purchase and receive M-Engineering vehicle software (“Installation”), undersigned client (“Client”), who resides at for themselves, their personal representatives, heirs, next of kin, and any associates, relatives, or otherwise who may use the Installation on the Undersigned’s vehicle agree to the following:  

 

1. Client hereby releases, waives, discharges and covenants not to sue M-Engineering, and all of their directors, managers, officers, agents, employees, and representatives (hereinafter referred to as “releasees”) from all liability to the undersigned, their personal representatives, assigns, heirs and next of kin for any and all claims for loss or damage, and any claim or demands therefore on account of injury and/or death to the person or harms to or losses of property of the undersigned arising out of or related to the installation, whether caused by the negligence of the releasees or otherwise. By purchasing or using this software you assume all risks whether know or unknown.

 

2. Client agrees to indemnify and save and hold harmless the releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to the installation whether caused by the negligence of the releasees or otherwise.

 

3. Client acknowledges that the installation and resulting changes in operation of the vehicle or previously installed software may be dangerous and involve risks including but not limited to damage to the vehicle including the drivetrain, non-compatibility issues, void of the vehicle’s warranty, injury and/or death and/or property damage and he/she assumes full responsibility for any risk whatsoever, including but not limited to bodily injury, death or property damage arising out of or related to the installation whether caused by the negligence of releasees or otherwise.

 

4. Client agrees to hold harmless and indemnify M-Engineering from any and all liability, arising out of M-Engineering’s Installation, whether negligent or not, as it applies to the purchase hereunder.

 

5. Client will provide M-Engineering notice of any claim arising from the Installation within 10 days of obtaining knowledge of such a claim. Such notice shall set forth in detail the incident that led to the claim and M Engineering’s possible assumed liability.

 

6. Client hereby and understands that should any part or portion of this Release and Waiver of Liability, Assumption of all Risk, and Indemnity Agreement be determined to be legally invalid or unenforceable for any reason, only such part or portion shall be severed and removed from the Agreement. The remaining provisions and all portions of this Agreement that have not been ruled invalid or unenforceable shall independently survive and remain in full force and effect, with only the invalid or unenforceable part or portion of this Agreement to be deemed stricken, unenforceable and severed from this Agreement.

 

7. Client covenants and agrees that they will not initiate, and that they will use their best efforts to cause any of its affiliates not to initiate, any action, suit, or proceeding challenging the validity or enforceability of this Agreement.

 

8. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, not including its conflicts of law provisions.

 

9. This Agreement shall be binding upon and inure to the benefit of the Client and their respective legal representatives, heirs, administrators, executors, successors, and permitted assigns.

 

I have read this Release and Waiver of Liability, Assumption of all Risk, and Indemnity Agreement, fully understand its terms, understand that I have the ability to seek legal guidance and advice prior to signing, and have given up substantial rights by signing it, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

 

     SIGNED:                                                                              

     DATE:                                                                                             

 

    PRINT NAME:                                                                                               

 

 

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