Article 1 – A BRIEF ABOUT TEKE

This Website www.teke.io is a platform developed, own, and operated by, TEKE TECH INC., located at 1 Yonge Street, Suite 1801, M5E 1W7, Toronto, Ontario, Canada. This website is intended to exhibit and sell a product named TEKE that is a reactive and wireless DMX lightning system to be used for film and event. This lightning system is developed by a team of passionate filmmakers, engineers and designers.
This Lightning system will be operated by the app provided by TEKE, the product may used with several functionalities with the help of the app provided by TEKE.
Article 2 – DEFINITIONS

The parties which have been referred to in this agreement are:

“TEKE”, Us, We: “TEKE”, as the creator, and operator, of this website, operate and owns this website, through its registered business members. TEKE, Us, We, Our, Ours, and other first-person pronouns will refer to “TEKE”.

You, being the Purchaser of TEKE Product and user of the website will be referred to as You, Your, yours, or as in this agreement.

The parties to this Agreement (“TEKE” and “You”) will be referred to as Parties.

Article 3 – ACCEPTANCE AND DISCLAIMER

By using “TEKE” Website you warrant that you have read and reviewed this Agreement and that you are bound by its terms and conditions. If you do not agree to be bound by this Agreement, please hold the use and leave the Website. We only provide the use of this Website contents and Services to you if you assent to this Agreement.

We reserve the right to amend this Notice at any time and your use of the Website, following any amendments will represent your consent to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access TEKE Website you read these terms and conditions.

Article 4 – LICENCE

When you purchase TEKE, we give you a limited license to use the product available for purchase on our Website. You are not permitted to copy, modify, reproduce or sell TEKE through any means under a different brand name or the TEKE Brand name all copyright symbol, trademark, or other proprietary marks are owned by Teke. Your use of our product shall not in any way infringes our copyright, trademark or intellectual property rights.

Except as permitted under the terms and conditions you are not permitted to copy, reproduce, republish, distribute or display any of the information of this Website without our prior written permission. The license to access and use this Website to purchase and to use the product does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to Meta tag or mirror our Website without our prior written permission.

Article 5 – USER REGISTRATION

As a user of our website, you are asked to register with us. When you do so, you will choose a user identifier, which may be your email address or user ID, as well as a password. You will be asked to provide your personal information, including, but not limited to, your name, contact number, email id, and address. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website its contents and services.

You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you hereby agree to notify us immediately by writing an email to us, and change your password immediately you are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

Article 6 – RELEASE AND INDEMNITY

You as a user of the website and purchaser of the TEKE product agree to defend and indemnify TEKE its, owners, partners, agents, contractors and employees and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to the use of the product and website, your use of Website its contents or services, your breach of this Agreement, or your conduct or actions.

TEKE does not accept any responsibility for the reliability of the product. You agree that your use of the Website and the product is at your own risk and you agree to release and indemnify TEKE from all liability of any kind.

TEKE reserves the right to amend any terms and conditions governing the Website which can be seen in the effective date at the end of this page.

Article 7 – INTELLECTUAL PROPERTY RIGHTS

The copyright to all content on this Website including applets, graphics, images, layouts, belongs to us or we have a license to use those materials. All trademarks, brands, and logos which are used on this Website are either owned by us or we have a license to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission.

Any information, comment, feedback, idea, or suggestion that you provide to us through this Website becomes our property. If in the future we use your Comments in promoting our Website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments or suggestions for any commercial or non-commercial purpose without compensation to you or to any other person. If you provide us with suggestions, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright.
Article 8 – PAYMENT

You agree that you are liable to pay the amount for the TEKE product purchased by you using the preferred payment method.

You understand and agree that:

All payments for the purchase are due immediately and

Payment will be facilitated by you using the preferred payment method while initiating the payment for the service purchase.

The price for the TEKE product may be changed from time to time.

Article 9 – YOUR CONDUCT

You agree not to use TEKE Website its content and Services in any way that could harm the Website or its content and Services.

“TEKE” expects from you the user not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights such as privacy and publicity rights.

Attempt to upload files that contain the virus, corrupted files, or other similar software or programs that can damage the operation of the Website.

Advertise, or offer to sell, or buy any products or services for any business purpose, prohibited under the applicable law.

Limit or prevent others from using and enjoying “TEKE” Services.

Harvest or collect information about other people, including their e-mail addresses, without their consent.

Violate any applicable laws or regulations in any way.

Article 10 – DISCLAIMER

Whilst we take all due care that the TEKE product offered on our Website are legitimate and in accordance with the applicable laws, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our Website is free of any illegal activity, however, we are not responsible for any damage to you which arises in connection with your use of our website.
Article 11 – LIMITATION OF LIABILITY

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the product cost purchased. We accept no liability for any loss whatsoever including consequential loss suffered by you.

Article 12 – JURISDICTION

These terms and conditions are to be governed by and construed in accordance with the laws of Ontario, Canada and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in the courts of Ontarioand you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed, or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Article 13 – DISPUTE RESOLUTION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Ontario Canada. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages. The arbitrator shall be bound by applicable and governing laws of Ontario Canada. Each Party shall pay their own costs and fees. Claims necessitating arbitration. Intellectual property claims by TEKE will not be subject to arbitration and may, as an exception to this sub-part, be litigated.
Article 14 – PRIVACY

We undertake to take all due care with any information which you may provide to us when accessing our Website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk, we undertake to take reasonable steps to preserve such information in a secure manner.

Article 15 – GENERAL PROVISIONS

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder by assigned, sold, leased, or otherwise transferred by “TEKE” the rights and liabilities of “TEKE” will bind and inure to any assignees, administrators, successors, and executors.

If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.

In the event, we fail to enforce any provision of this Agreement; this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement.

“TEKE” is not liable for any failure of product to perform due to any reason.

Effective Date: 4th day of September 2021

TERMS AND CONDITIONS

Any faulty or broken Product received in the order may be asked for a return for the purpose of replacement or refund within 2 days of order receipt. The returned order shipping cost will be borne by TEKE if returned due to the aforementioned reason.

The returned Product must be sealed in the original packaging and in the same condition as it was received; any used or tempered Product will not be eligible for return or refund.

No refund of shipping cost will be provided in any case.

TEKE may not guarantee that you will be replaced with the Product due to the limited stocks, in the event the ordered Product becomes out of stock you will be eligible for a full amount refund.

To return any ordered product you must raise an issue with us on our email as soon as possible, after verifying your email for the eligibility of return we will mail you back with further instruction.

Any orders sent back to us for exchange or refund without raising an issue with us on our email and receiving back a confirmation for return from TEKE will not be entertained and will be refused.

All the orders placed with TEKE are Final with no exchange or return policy only with certain exceptions which are as follows:

APPLICABLE CIRCUMSTANCES FOR RETURNS

MANUFACTURING DEFECT: Any Product with a manufacturing defect will be replaced or refunded; you may contact us at our e-mail within 2 days of receipt of the order with the relevant images. The replacement/refund will be provided solely at the discretion of TEKE.

DAMAGE DUE TO SHIPPING: In the event, you receive a damaged Product please make sure to contact us as soon as possible to initiate a defective claim. You may mail us with the relevant pictures of the Product. Only the package damage will not be considered as the damaged or defective Product for initiating a damage claim with us.

NO REPLACEMENT /REFUND GUARANTEE ON PRODUCT

We do not provide a guarantee to Replace/Refund an ordered Product due to the limited stock or being the Product out of stock.

SHIPMENT RISK

As soon as the order is dispatched with the third party carrier the risk of loss or damage will be with you. Any damaged or missing order should be reported to us within 2 days of the receipt or non-receipt with the relevant photo showing the damage of the ordered Product.

After the successful review of the damage by our executives, you will be issued with a replacement or a refund upon our satisfaction. All the replacement and refund for any order is at the discretion of TEKE TECH INC.

If you have any grievances you may contact us at our email at the earliest.

Sincerely,

TEKE TECH INC.

ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY

This Acknowledgement of Risk and Release of liability is made effective between the Purchaser and TEKE TECH INC. selling a reactive and wireless DMX lightning system named TEKE (hereinafter “Product”) to be used for film and event, the Purchaser hereby agree and consents to this Acknowledgement of Risk and Release of liability as follows:

The Purchaser hereby understands that by purchasing the product he/she understand all of the terms and conditions and that he/she is fully intend to be bound by the same. The Purchaser hereby voluntarily executes this Acknowledgement of Risk and Release of Liability Consent disclaimer agreement by understanding the complete risks involved in the usage of product purchased.

TEKE TECH INC. assumes no liability of any risk and further disclaims all the claims regarding the loss, or damage, caused to the Purchaser or any third party through the negligence of the Purchaser or any other person using the product.

The Purchaser understands that there are certain risks associated with all aspects of his/her use of the Product purchased by TEKE TECH INC. The Purchaser further understands that all risks associated will solely be of the Purchaser, whether to himself/ herself or any third person. The Purchaser represents that the Purchaser is of the legal age. Therefore, the Purchaser accepts the responsibility for any loss or damage that occurs to the Purchaser or any third party due to their negligence.

The Purchaser hereby agrees that he/she shall follow all applicable Instructions and procedures and comply with all due care and directives issued by the manufacturer of the product TEKE TECH INC. The Purchaser further agrees to retain the product in accordance with its intended use, and take care of the safety of the Purchaser or any other third party while using the product. The Purchaser understands that a violation of any instructions and care may lead to loss of life or damage. In the event any loss or damage occurs, TEKE TECH INC. will assume no responsibility of any kind.

On behalf of the Purchaser, and its Heirs, the Purchaser hereby agree to assume all risks associated with the product purchased by TEKE TECH INC., and hereby releases and discharge from any and all liabilities and waive any legal action against TEKE TECH INC., or any of their owners, partners, agents, employees, (collectively, “the Released Parties”) for any loss or damage that may occur, due to any cause, including, but not limited to, the negligence arising out of or in any way connected to the product. This release includes any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the products purchased by the Purchaser.

I understand and agree that this document shall be construed in accordance with the laws of Ontario canada. If any term or provision of this document shall be held invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect.

The Purchaser hereby acknowledges and agree that he/she has read and understood the foregoing assumption of risk, and release of liability and further understands that by agreeing to this Disclaimer it obligates the Purchaser to indemnify TEKE TECH INC. for any liability for death damage or loss caused by his/her negligence or intentional act or omission.

This License Agreement (the “Agreement”) is made by and between TEKE TECH INC., located at 18 King Street East, Suite 1400, Toronto, ON, Canada as a Licensor and the User of the TEKE product as a Licensee.

In the Agreement, the Party who is granting the right to use the licensed property will be referred to as “TEKE TECH INC.,” and the Party who is receiving the right to use the licensed property will be referred to as “User” The individuals may be known collectively as the “Parties.” All references to the Licensee and Licensor in this Agreement shall include, if relevant, the Parties’ parent companies, affiliates, and subsidiaries.

The Parties agree to the following:

ARTICLE 1 – GRANT OF LICENSE

TEKE TECH INC. owns a reactive and wireless DMX lighting system to be used for films and events (the “Product”) The Licensee is given permission to use the Product through this License Agreement.
Only the right to use the product through this license agreement is given to the Licensee.
In accordance with this Agreement, TEKE TECH INC. grants the User a non-exclusive license to use the Product.
This License does not provide the right to reproduce, publicly display and distribute the Product but only provide the right on the agreed upon terms set forth in this Agreement. The Product used for any purpose not directly related to the terms of this agreement must be with the express written permission of the Licensor and may include the payment of additional fees unless otherwise agreed to in writing.
Licensee may use the Product only in the following manner unless both Parties agree to otherwise in writing:
Licensee may use the product exclusively for their own purposes and for the intent it was originally made, it is expressly not allowed to further sale modify, reproduce or lease the product without the written permission of TEKE TECH INC.
TEKE TECH INC. retains title and ownership of the Product and derivative works will be assigned to Licensor by Licensee.
This grant of the license only applies to the geographical area wherever the work facility is or licensee desires to use the product for their own purposes.

ARTICLE 2 – PAYMENTS

The payment for the product will be charged in accordance with the price and company policy. The prices are subject to change without any prior information to the User or any third party.

ARTICLE 3 – MODIFICATIONS

Unless the prior written approval of the Licensor is given, the Licensee may not modify or change the Product in any manner.

ARTICLE 4 – DEFAULTS

If the Licensee fails to abide by the obligations of this Agreement, including the obligation to make any payments when due, the Licensor shall have the option to cancel this Agreement without any notice to the Licensee.
The Licensee shall have the option of preventing the termination of this Agreement by taking corrective action that cures the default, if such corrective action is taken prior to the termination and if there are no other defaults during such time period.

ARTICLE 5 – CONFIDENTIAL INFORMATION

The term “Confidential Information” refers to any information or materials that are proprietary to the Licensor, whether or not owned or developed by the Licensor, and which the Licensee may obtain through any direct or indirect contact with the Licensor or the Product.
Regardless of whether specifically identified as confidential or proprietary, Confidential Information” shall include any information or product provided by the Licensor concerning the business, technology, and information of the Licensor and any third party with which the Licensor deals, including, without limitation, trade secrets, technical data, product idea, pricing structure, discounts, intellectual property, and invention.

ARTICLE 6 – PROTECTION OF CONFIDENTIAL INFORMATION

Licensee understands and acknowledges that the Confidential Information has been developed or obtained by TEKE TECH INC. by the investment of significant time, effort, and expense and that the Confidential Information is a valuable, special, and unique asset of TEKE TECH INC. which provides TEKE TECH INC. with a significant competitive advantage, and needs to be protected from improper disclosure.
In consideration for the receipt by Licensee of any Confidential Information, Licensee agrees as follows:
Non Disclosure: Licensee will hold the Confidential Information in confidence and will not disclose to any person or entity without the prior written consent of TEKE TECH INC.
No Copying or Modifying: Licensee will not copy or modify any Confidential Information or Product without the prior written consent of TEKE TECH INC.
Unauthorized Use: Licensee shall promptly advise TEKE TECH INC. if Licensee becomes aware of any possible unauthorized disclosure or use of the Product or Confidential Information.
Application to Employees: Licensee shall not disclose any Confidential Information to any employees, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of TEKE TECH INC.
The copyright to all content of the Product including applets, graphics, images, layouts, belongs to TEKE TECH INC or they have a license to use those materials. All trademarks, brands, and logos which are used on the Product are either owned by TEKE TECH INC or have a license to use them. The User access to the Product does not license the User to use those marks in any commercial way without prior written permission of TEKE TECH INC.

ARTICLE 7 – NON-EXCLUSIVE LICENSE

As of the effective date, Licensor grants to the Licensee a non-exclusive license to use the Product as the Licensee deems fit, for their use.

ARTICLE 8 – RELEASE AND INDEMNITY

The User agrees to defend and indemnify TEKE TECH INC., its owners, partners, agents, contractors and employees and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to the use of the Product, use of Product its contents or services, User breach of this Agreement, conduct or actions.
The User agrees that the use of the product is at their own risk and agrees to release and indemnify TEKE TECH INC. from all liability of any kind.

ARTICLE 9 – WARRANTIES

In no event will TEKE TECH INC. be responsible for direct, indirect, special, incidental, or consequential damages that are in any way related to the Licensee’s use of the Product. The Licensee accepts the product “AS IS.” TEKE does not provide any warranty with respect to the use of the Product.
Whilst TEKE TECH INC. takes all due care about the services offered through the Product are legitimate and in accordance with the applicable laws, TEKE TECH INC. does not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. TEKE TECH INC. also takes all due care in ensuring that the Product is free of any illegal activity, however, TEKE is not responsible for any damage to the User which arises in connection with the use of the Product.
The user hereby agrees that he/she shall follow all applicable Instructions and procedures and comply with all due care and directives issued by TEKE TECH INC to use the Product. The User further agrees to retain the Product in accordance with its intended use, and take care of the use while using the Product. The User hereby understands that a violation of any instructions and care may lead to damage or loss. In the event any loss or damage occurs, TEKE TECH INC. will assume no responsibility of any kind.
On behalf of the User, and its Heirs, the User hereby agrees to assume all risks associated with the use of Product, and hereby releases and discharge from any and all liabilities and waive any legal action against TEKE TECH INC, or any of their owner, agents, employees, (collectively, “the Released Parties”) for any loss or damage that may occur, due to any cause, including, but not limited to, the negligence arising out of or in any way connected with the use of the Product. This release includes any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the use of Product.

ARTICLE 10 – TRANSFER OF RIGHTS

This Agreement shall be binding on any successors of the Parties. Licensee shall not have the right to assign its interests in this Agreement to any other party unless the prior written consent of TEKE TECH INC. is obtained.

ARTICLE 11 – TERMINATION

This Agreement may be terminated by the Licensee by providing 30 days written notice to TEKE TECH INC.
TEKE may terminate this agreement anytime at the sole discretion of TEKE TECH INC.

ARTICLE 12 – SEVERABILITY

If any provisions of this Agreement shall be held to be valid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

ARTICLE 13 – AMENDMENT

This Agreement may be modified or amended if and only if the amendment is made in writing and signed by both Parties.

ARTICLE 14 – WAIVER OF CONTRACTUAL RIGHTS

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

ARTICLE 15 – APPLICABLE LAW

This Agreement will be construed in accordance with and governed by the laws of Ontario, Canada. The Licensee agrees that the laws of Ontario, Canada shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between Licensee and Licensor with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of Toronto, Ontario. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

ARTICLE 16 – ENTIRE AGREEMENT

It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this agreement except as expressly provided in this agreement.

This Beta Test Agreement (“Agreement”) governs the disclosure of information by TEKE TECH INC., located at 18 King Street East, Suite 1400, Toronto, ON, Canada.  (“Company”) to _________________ (the “Recipient”) and Recipient’s use of Company’s beta product offering

• Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Closed Beta Testing. However, we do not guarantee that you will be selected to participate in the Beta Testing.

All applicants are required to have a beta tester id prior to submitting their application.

• Fees and Costs

There are no license fees for Licensee’s use of the Beta Product under this Agreement. Licensee is responsible for all costs and expenses associated with the use of the Beta Product and the performance of all testing and evaluation activities.

• Beta Testers Duties

Beta Tester agrees to report any flaws, errors or imperfections discovered in any software or other materials where Beta Tester has been granted access to the Beta Test. Beta Tester understands that prompt and accurate reporting is the purpose of the Beta Tests and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the Beta Testers contribution to the Project, remain or become the exclusive property of the Disclosing Party.

Subject to the terms and conditions of this Agreement, Company grants Recipient a nonexclusive, non-transferable license to use the Company product naming TEKE a reactive and wireless DMX lightning system to be used for films and events (hereinafter “TEKE”) for a period designated by the Company for the purpose of testing and evaluating TEKE.
Support and Maintenance; Future Products

During your participation in the Beta Program or in a particular seed. TEKE is not obligated to provide you with any maintenance,

technical or other support for the Pre-Release Software. If at TEKE’s option, such support is provided. it will be provided in addition to your normal warranty coverage for your computer and/or device. You agree to abide by any support rules and policies that TEKE provides to you in order to receive such support. You acknowledge that TEKE has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.

The Recipient agrees that it will at all times will hold in strict confidence and not disclose Confidential Information (as defined below) to any third party except as approved in writing by the Company and will use the Confidential Information for no purpose other than evaluating TEKE. The Recipient shall only permit access to Confidential Information to those of its employees having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. “Confidential Information” means all non-public materials and information provided or made available by Company to the Recipient, including the product TEKEs, information regarding technology, know-how, processes, software programs, research, development, financial information and information the Company.
The Recipient’s obligations under this Agreement with respect to any portion of the Confidential Information shall terminate when the Recipient can document that: (a) it was in the public domain at the time it was communicated to the Recipient; (b) it entered the public domain subsequent to the time it was communicated to the Recipient through no fault of the Recipient; (c) it was in the Recipient’s possession free of any obligation of confidence at the time it was communicated to the Recipient; (d) it was rightfully communicated to the Recipient free of any obligation of confidence subsequent to the time it was communicated to the Recipient; or (e) it was developed by employees or agents of the Recipient who had no access to any information communicated to the Recipient. After Recipient’s evaluation of TEKE is complete after one year, or upon request of the Company, the Recipient shall promptly return TEKE to the Company and all documents, notes and other tangible materials and return or certify the destruction of all electronic documents, notes, software, data, and other materials in electronic form representing the Confidential Information and all copies thereof. Upon the return the Company may release new offer exclusive upgrades and software features to the Recipient for the purpose of review and test.
The Recipient agrees that nothing contained in this Agreement shall be construed as granting any ownership rights to any Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property rights. The Recipient shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information of TEKE. The Recipient will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or TEKE.
TEKE is a beta release offering and is not at the level of performance of a commercially available product offering. TEKE may not operate correctly and may be substantially modified prior to first commercial release, or at Company’s option may not be released commercially in the future. TEKE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF TEKE REMAINS WITH THE RECIPIENT.
THE COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TEKE OR THIS AGREEMENT, HOWEVER, CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT. TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $50.00 OR THE AMOUNT RECIPIENT ACTUALLY PAID THE COMPANY UNDER THIS AGREEMENT (IF ANY).
The Recipient’s obligations under this Agreement shall survive any termination of this agreement. This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada. The Recipient hereby agrees that breach of this Agreement will cause the Company irreparable damage for which recovery of damages would be inadequate and that the Company shall therefore be entitled to obtain timely injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction. The Recipient will not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.

By selecting the “accept” button, you acknowledge that: (1) you are 13 years of age or older, and if you are between age 13 and 18, you have obtained consent from your parent or guardian; and (2) you have read, understood, and accepted the terms and conditions of this agreement.