This is a legal agreement ("Agreement") between You and Techinline Ltd.
("Techinline"), for use of the Techinline services which You selected or
initiated, which may include the Techinline Remote Desktop service, and/or
other audio, video and web communications services provided by
Techinline ("Services"). "You" refers to the individual who registered and/or
provided Techinline his or her credit card or other payment mechanism for
the Services or, if the Services are being purchased on behalf of an entity
by an individual authorized to purchase the Services on behalf of such entity,
then "You" refers to such entity. If You do not agree with the terms of this
Agreement, click the "Cancel" button and do not use or join any session
supported by, the Services. Any software associated with the Services is
protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties.
- SERVICES. Techinline will provide the Services in accordance with
this Agreement. Techinline may at its sole discretion modify the features
of the Services from time to time without prior notice. Techinline 15 Day
Free Trial Account is intended for evaluation purposes only.
- RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that
You are solely responsible for the content of all visual, written or
audible communications sent by You or in Techinline sessions started by
You. You agree that You will not use the Services to send unsolicited
commercial e-mail outside Your company or organization in violation of
applicable law. You further agree not to use the Services to communicate
any message or material that is harassing, libelous, threatening, obscene,
indecent, would violate the intellectual property rights of any party or is
otherwise unlawful, that would give rise to civil liability, or that
constitutes or encourages conduct that could constitute a criminal offense,
under any applicable law or regulation. Although Techinline is not
responsible for any such communications, Techinline may delete any such
communications of which Techinline becomes aware, at any time without
notice to You.
- CHARGES. You agree that Techinline may charge to Your credit card
or other payment mechanism selected by You and approved by Techinline
("Your Account") all amounts due and owing for the Services, including
Service fees, set up fees, subscription fees, overage fees, conferencing
fees, or any other fee or charge associated with Your use of the Services.
Techinline may change prices at any time without prior notice. You agree
that in the event Techinline is unable to collect the fees owed to
Techinline for the Services through Your Account, Techinline may take
any other steps it deems necessary to collect such fees from You and
that You will be responsible for all costs and expenses incurred by
Techinline in connection with such collection activity, including
collection fees, court costs and attorneys' fees.
- 30-DAY MONEY BACK GUARANTEE. Techinline provides a 30-day money back
guarantee. If you are dissatisfied with Techinline service for any reason,
you will receive a full refund if you cancel your account within 30 days
of the activation of your account.
- PROPRIETARY RIGHTS. Techinline and/or its suppliers, as applicable,
retain ownership of all proprietary rights in the Services and in all
trade names, trademarks and service marks associated or displayed with
the Services. You will not remove, deface or obscure any of Techinline's
or its suppliers' copyright or trademark notices and/or legends or
other proprietary notices on, incorporated therein, or associated with
the Services. You may not reverse engineer, reverse compile or otherwise
reduce to human readable form any software associated with the Services.
- TERMINATION. You may terminate this Agreement by providing written
notice to Techinline via e-mail to
support@techinline.com. Such
termination will be effective on the later of: (a) the last day of the
term (if your Agreement has a fixed term), or (b) thirty (30) days after
Techinline's receipt of your written termination notice. If You fail to
comply with any provision of this Agreement, Techinline may terminate
this Agreement immediately without notice. Sections 2 through 12,
inclusive, shall survive any termination of this Agreement. Upon any
termination of this Agreement, You must cease any further use of the
Services and destroy any copies of associated software within
Your possession and control.
- EXPORT RESTRICTIONS. You acknowledge that the Services, or portion
thereof may be subject to the export control laws of the United States.
You will not export, re-export, divert, transfer or disclose any portion
of the Services or any related technical information or materials,
directly or indirectly, in violation of any applicable export law or
regulation
- INJUNCTIVE RELIEF. You acknowledge that any use of the Services
contrary to this Agreement, or any transfer, sublicensing, copying or
disclosure of technical information or materials related to the Services,
may cause irreparable injury to Techinline, its affiliates, suppliers and
any other party authorized by Techinline to resell, distribute, or
promote the Services ("Resellers"), and under such circumstances
Techinline, its affiliates, suppliers and Resellers will be entitled to
equitable relief, without posting bond or other security, including, but
not limited to, preliminary and permanent injunctive relief.
NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE
PROVIDED "AS IS" AND TECHINLINE, ITS AFFILIATES, SUPPLIERS AND RESELLERS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TECHINLINE, ITS AFFILIATES,
SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES
OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK
ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
You agree to indemnify, defend and hold harmless Techinline, its affiliates,
officers, directors, employees, consultants, agents, suppliers and Resellers
from any and all third party claims, liability, damages and/or costs
(including, but not limited to, attorneys fees) arising from Your use of
the Services, Your violation of this Agreement or the infringement or
violation by You or any other user of Your account, of any intellectual
property or other right of any person or entity. Without limiting the
foregoing, the Services are not designed or licensed for use in hazardous
environments requiring fail-safe controls, including without limitation
operation of nuclear facilities, aircraft navigation/communication systems,
air traffic control, and life support or weapons systems. Without limiting the
generality of the foregoing, Techinline, its affiliates, suppliers and
Resellers specifically disclaim any express or implied warranty of
fitness for such purposes.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL TECHINLINE OR ITS AFFILIATES, SUPPLIERS OR RESELLERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE
TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF TECHINLINE, ITS
AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN ANY CASE, TECHINLINE'S, ITS AFFILIATES', SUPPLIERS'
AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY
FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY)
IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do
not allow the exclusion or limitation of liability, the above limitation
may not apply to You.
- MISCELLANEOUS
- Choice of Law and Forum. This Agreement shall be governed
by and construed under the laws of United Kingdom, as applied
to agreements entered into and to be performed in United Kingdom
by United Kingdom residents. The parties consent to the exclusive
jurisdiction and venue of the courts located in and serving
Berkshire, United Kingdom.
- Waiver and Severability. Failure by either party to
exercise any of its rights under, or to enforce any provision
of, this Agreement will not be deemed a waiver or forfeiture
of such rights or ability to enforce such provision. If any
provision of this Agreement is held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, that
provision will be amended to achieve as nearly as possible
the same economic effect of the original provision and the
remainder of this Agreement will remain in full force
and effect.
- General Provisions. This Agreement embodies the entire
understanding and agreement between the parties respecting the
subject matter of this Agreement and supersedes any and all
prior understandings and agreements between the parties respecting
such subject matter. Techinline may change the terms of this
Agreement at any time by posting modified terms on its website.
This Agreement has been prepared in the English Language and such
version shall be controlling in all respects and any non-English
version of this Agreement is solely for accommodation purposes.
All notices or other correspondence to Techinline under this
Agreement must be sent to the address provided in Section
7 above, or other address as provided by Techinline
for such purpose. Any and all rights and remedies of Techinline
upon Your breach or other default under this Agreement will be
deemed cumulative and not exclusive of any other right or remedy
conferred by this Agreement or by law or equity on Techinline,
and the exercise of any one remedy will not preclude the
exercise of any other. The captions and headings appearing in
this Agreement are for reference only and will not be considered
in construing this Agreement.
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