Please read this agreement carefully before installing or using TuneBit.
Effective Date: March 8, 2026
Last Updated: March 8, 2026
This End User License Agreement (“Agreement”) is a legally binding contract between you (“User,” “you,” or “your”) and topology.cloud Inc. (“Company,” “we,” “us,” or “our”) governing your use of the TuneBit software application, including all associated files, tools, updates, and documentation (collectively, the “Software”).
By installing, copying, or otherwise using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Software.
Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on computers you own or control, solely for your personal or internal business purposes.
The Free Edition of the Software may be used at no charge. Certain features are restricted to the PRO Edition.
The PRO Edition is made available through the purchase of a license key. Your PRO license is valid for the number of devices and the term specified at the time of purchase. License keys are non-transferable.
You may NOT:
The Software is licensed, not sold. The Company retains all right, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not grant you any rights to trademarks, service marks, or trade names of the Company.
You acknowledge that the Software is designed to modify system settings, registry entries, services, installed applications, drivers, and other operating system components on Windows 10 and Windows 11 systems. The Software requires Administrator privileges to perform its functions.
YOU UNDERSTAND AND AGREE THAT:
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT:
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE AND EXCLUSIVE RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SOFTWARE.
This includes, without limitation, risk of:
You acknowledge that you have been advised to create full system backups and restore points before using any feature of the Software, and that failure to do so is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR TEN DOLLARS ($10.00 USD), WHICHEVER IS GREATER.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Software, your violation of this Agreement, or your violation of any rights of any third party.
The Software does not collect, transmit, or store personal data on external servers. License validation may require an internet connection. The Software operates entirely locally on your machine. Any diagnostic data displayed by the Software (hardware information, event logs, etc.) remains on your device and is not transmitted to the Company.
The Company may, at its sole discretion, release updates, patches, or new versions of the Software. Updates may modify features, fix defects, or change functionality. This Agreement applies to all updates unless a separate agreement accompanies the update. The Company has no obligation to provide updates, maintenance, or support.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession or control.
The Company may also terminate or suspend your license at any time, for any reason, including but not limited to suspected license key fraud or violation of this Agreement.
Sections 3, 5, 6, 7, 8, and 13 shall survive termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict-of-law provisions. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Davidson County, North Carolina, and you consent to the personal jurisdiction of such courts.
This Agreement constitutes the entire agreement between you and the Company regarding the Software and supersedes all prior agreements and understandings, whether written or oral.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer this Agreement or your rights hereunder without the prior written consent of the Company. The Company may assign this Agreement without restriction.
This Agreement does not confer any third-party beneficiary rights.
BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY, AND THAT IT SUPERSEDES ANY PRIOR PROPOSAL OR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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