teky.ca

Teky Technical Services Inc.1-888-843-8359Serving Southern Vancouver Island


 

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TekyBackup - Terms of Service

All users of this service must agree to the following terms and conditions before using this service.  Please read them carefully and agree to accept the terms and conditions hereafter.

 

PERMITTED USES

 

1.  Subject to the terms and conditions of this Electronic User License Agreement (EULA), upon payment of all license fees owed for the Service, Licensor grants and Licensee accepts a nonexclusive, nontransferable, non-assignable, limited license (a “Service License”) to use the Service solely in accordance with the terms and conditions of this EULA, to be deployed on the specific number of Machines (as defined below) for which a Service License has been purchased and paid for.  Licensee may only use the Service in accordance with the terms, conditions and specifications that are contained in this EULA.

 

USES NOT PERMITTED

 

2.  You may not use this service to store copyrighted material for which you do not hold a copyright.  You may not assign or grant sub licenses or leases, or permit others to use this service.  You may not reverse engineer, disassemble, reverse, translate, or in any way derive from this service any source code form.

 

WARRANTY

 

3.  If Teky provides you with Software in the form of tangible media, Teky warrants that the media upon which the Software is recorded will not be defective under normal use for a period of thirty (30) days from delivery. Teky will replace any defective media returned to Teky within the warranty period at no charge to you. Teky warrants that the Software, as delivered by Teky and when used in accordance with the software documentation provided by Teky, will substantially conform to the software documentation provided with the Software for a period of thirty (30) days from the date of delivery. If the Software does not comply with this warranty and such non-compliance is reported by You to Teky within the warranty period, Teky will do one of the following in its sole discretion (a) repair the Software; or (b) replace the Software with software that has substantially the same functionality. This warranty excludes defects resulting from accidents, abuse, unauthorized repair or modification, enhancements or misapplication of the Software.

 

DISCLAIMER OF WARRANTIES:

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE TekyBackup SOFTWARE AND SERVICES AND ANY THIRD PARTY SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE TekyBackup SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Teky AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IT IS AT YOUR OWN DISCRETION AND RISK, THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS. Teky MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM PROVINCE TO PROVINCE AND COUNTRY TO COUNTRY.

 

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL TEKY OR ITS AFFILIATES (INCLUDING SUPPLIERS, RESELLERS, OR PARTNERS) OR THEIR RESPECTIVE EXECUTIVES, EMPLOYEES, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, DIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE TekyBackup SOFTWARE AND SERVICES OR THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TEKY, OR IT’S AFFILIATES’, TOTAL LIABILITY TO YOU, FOR ALL DAMAGES EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO Teky FOR THE SOFTWARE AND/OR SERVICES DURING THE TWELVE MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE DAMAGES IN QUESTION. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN THERE SHALL BE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH. THIS LIMITATION OF LIABILITY FOR PERSONAL INJURY OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, WILL APPLY ONLY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE SOFTWARE, UPDATES OR UPGRADES.

 

FAIR USE POLICY

 

4.  TEKY SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE SOFTWARE OR SERVICES TO LICENSEE OR OTHER USERS WHO ARE DEEMED OR SUSPECTED BY Teky TO BE USING THE SOFTWARE OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY Teky OR IN VIOLATION OF LAW OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A LICENSEE’S OR ANOTHER USER’S LICENSE TO USE THE SOFTWARE OR SERVICES.

 

The Software or Service is designed to serve the needs of particular types of users, i.e. individual consumers or business accounts. If you have purchased Services that are inappropriate for your actual usage, Teky may require you to switch to appropriate Services.  Teky may, in its sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Software or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. We also reserve the right to terminate or suspend your license to use the Software or Services, without prior notice, in the event of a violation of this policy.  The Software may cause your Computer, without additional notice, and on an intermittent or regular basis, automatically to connect to the Internet in order to validate that the Software is being operated in accordance with this agreement (a process referred to as “Activation”). In some cases, Software that fails to activate may offer only limited functionality or may not operate at all.

 

JURISDICTION

 

5. All users by accepting this license and the terms and conditions for use acknowledge and accept and adhere to the laws of the province of British Columbia and the courts of British Columbia, Canada.

 

REFUNDS

 

6. Teky shall not provide a refund for any unused portion of Service paid in advance by User. Upon cancellation, the next month's billing will be suspended and all accounts closed.

 

7. Pricing is subject to change without prior notice. All prices listed in Canadian dollars.

 

Updated 13Feb2015