TEKDATALOCKER END USER LICENSE AGREEMENT
UPDATED: JUNE 17, 2010
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY ACCESS AND UTILIZATION OF THIS PRODUCT.
Please read the following terms and conditions before using the TekDataLocker software (the "Software") provided by TekVox, Inc. for use as a logistical data management service. If you do not agree with these terms, do not use the Software.
1. GENERAL SOFTWARE LICENSE
You may not copy any written materials accompanying the Software without express written authorization from TekVox, Inc. The Software (including but not limited to any images, photographs, animations, audio, music, text, and anything incorporated into the Software) is owned by TekVox, Inc. or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. Proofs of infringement of copyright violations include but are not limited to similar code style and structures, similar layout and design, similar database design, and containing parts of the original Software source code. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon subscribing to the TekVox software, you are obligated to comply with this license agreement and any noncompliance will subject you to legal action.
In consideration of payment of the subsciption fee, TekVox, Inc. grants to You the nonexclusive right to use the software for company/organizational/personal use. You may use the Software and/or code generated by any eTools software component under only under the TekVox domain. You are bound to this Agreement during Your entire subscription time span of this Software, in its original or altered state. TekVox reserves the rights to suspend, revoke or terminate your license to use the software if these terms are violated. See section 6 which discusses the License Agreement for termination procedures.
The trademarks, logos and service marks ("Marks") displayed on this Site; Software and any accompanying written materials are the property of TekVox or other third parties. You are not permitted to use the Marks without the prior written consent of TekVox or such third party that may own the Marks.
2. "AS IS" WARRANTY.
2.1 THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
2.2 More specifically, TekVox does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. TekVox does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. TekVox does not warrant the accuracy of the data, and bears no liability for missing or unavailable data. You bear the entire risk as to the use, quality and performance of the Software and the Services.
2.3 Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
3. TITLE. Title, ownership rights, and intellectual property rights in the Software, the data displayed by the Software, and the Services shall remain with TekVox. The data, Software and Services are protected by various copyright laws and treaties. Title and related rights in the data and Services are the property of the applicable content owner(s) and may be protected by applicable law. This License gives you no rights to such content.
4. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein or if the Services are terminated or expire. On termination of this license, all data pertaining to the account shall be destroyed by TekVox.
5. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AWS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TEKVOX SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). TekVox specifically disclaims any express or implied warranty of fitness for High Risk Activities.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR51.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is TekVox, Inc., San Antonio, Texas 78232
9. TERMS RELATED TO FEES AND BILLING
A. RENEWAL POLICY
TekDataLocker subscriptions that were initiated will renew automatically on the anniversary of each 12-month subscription period. At renewal the subscriber's credit card that was originally used to order a subscription is charged for the next 12-month term. Disruption or termination of subscription services will occur if charges are not received due to a closed or invalid credit card. If for any reason subscriber's credit card is rejected subscriber may receive an email, requesting a valid credit card number to continue their subscription.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY TekVox, Inc. IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE TEKVOX WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT TekVox, Inc. MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE PROPERLY TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING).
B. DUE DATE; LATE CHARGE; COLLECTION COSTS
If TekVox, Inc. does not receive payment for any charge to Your Billing Account, you will be in default and TekVox, Inc. may suspend or cancel Your Billing Account and Your access to any or all TekDataLocker services. If Your Payment Method Provider seeks return of payments previously made to TekVox, Inc., but TekVox, Inc. in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and TekVox, Inc. may cancel Your Billing Account and Your access to any or all TekDataLocker services. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, TekVox, Inc. MAY DENY ACCESS TO ANY INFORMATION YOU HAVE STORED ON A TEKDATALOCKER SERVICE ACCOUNT WHICH MAY NOT BE RETRIEVABLE AT A LATER DATE.
D. TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS
TekVox, Inc. may, in its discretion, terminate, cancel, or suspend an accepted order if TekVox, Inc. is notified that Your Payment Method has expired or has been canceled, or if TekVox, Inc. has reason to believe that any Billing Account information provided to TekVox, Inc. is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or TekVox, Inc., will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before TekVox, Inc. could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy stated herein expressly so provides.
In the event that TekVox, Inc. terminates Your TekDataLocker account or one or more of Your TekDataLocker service accounts for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.
All TekDataLocker accounts may be terminated that include the following content or which have links to the following content:
•Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
•Adult and Child Pornography and/or graphic images and photos of nude individuals or groups.
•Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
•Displaying material that exploits children under 18 years of age.
•Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
•Exporting encryption software over the Internet or otherwise, to points outside the United States.
•Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
•Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
•Casino sites or pages containing casino or online gambling functionality.
Refund Policy and Procedures
30 Day Risk Free Policy-Within the first 30 days of any 12-month subscription period the subscriber may request, and will be granted, a refund for the entire TekDataLocker annual subscription fee.
Under no circumstances will refunds be granted for any prior 12-month subscription period or for the remainder of the days within the calendar month in which a refund is requested (unless requested in first 30 days of subscription). All refunds will be credited to the original credit card used when subscribing to TekDataLocker. To request a refund subscribers should email firstname.lastname@example.org and request a refund by including their Name, Address, Phone, Email, and Organization name.
Credit Card Liability
Paymentech administers TekDataLocker credit card authorization and charges. TekVox, Inc is not responsible for any unauthorized use of credit card information by Paymentech personnel.
10. TekVox, Inc. may, in its sole discretion, change, modify, add or remove portions of this license at any time. TekVox may notify you of any such changes by posting notice of such changes on the TekVox website(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software and the Services.
11. MISCELLANEOUS. This Agreement represents the complete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Texas law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.