Datenschutzerklärung

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Licensee may use the product exclusively for their own purposes and for the intent it was originally made, it is expressly not allowed to further sale modify, reproduce or lease the product without the written permission of TEKE TECH INC.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.