Terms of Service
By downloading and/or purchasing a solution or using services offered on our website (collectively, “Solutions”), from affiliated sites or other sources (e.g., the SAP Store), you (“Licensee”) agree to the following general terms of service (“Terms”) between yourself and TekLink International, Inc.: 4320 Winfield Rd, Suite 215, Warrenville, IL 60555, USA and/or its affiliates (“TekLink”).
Under this Agreement, TekLink grants a non-exclusive and non–transferable license (the “License”) to use the Solutions.
Solutions include executable computer programs, source codes and any related printed, electronic, and online documentation and any other files that may accompany the product and/or other services offered by TekLink. Title, copyright, intellectual property rights and distribution rights of the Solutions remain exclusively with TekLink, including the look and feel of Solutions.
This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Solutions. This Agreement grants a corporate license, with no limits to the number of installations of the Solutions – unless stated otherwise in any specific agreement between Licensee and TekLink.
The rights and obligations of this Agreement are exclusive rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Solutions for use by one or more third parties. The Solutions may not be modified, reverse engineered, or de-compiled in any manner through current or future available technologies, unless explicitly stated otherwise.
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
The license fee for this Agreement will consist of the original purchase price plus an annual maintenance fee as advertised at the time of the license acquisition.
No user support or maintenance is provided as part of this Agreement. TekLink is offering optional consulting, implementation, customization, development, enhancement monitoring and operations support services. For details reach out to firstname.lastname@example.org
Limitation of Liability
The Solution is provided by TekLink and accepted by the Licensee “as is”. Liability of TekLink will be limited to a maximum of the original purchase price of the Solution. TekLink will not be liable for any general, special, incidental, or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Solution.
TekLink makes no warranty expressed or implied regarding the fitness of the Solution for a particular purpose or that the Solution will be suitable or appropriate for the specific requirements of the Licensee.
TekLink does not warrant that use of the Solution will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
TekLink warrants and represents that it is the copyright holder of the Solution. TekLink warrants and represents that granting the license to use this Solution is not in violation of any other agreement, copyright, or applicable statute.
The term of this Agreement will begin on Acceptance and is perpetual.
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Solution or return the Solution to TekLink.
TekLink will be free of liability to the Licensee where TekLink is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where TekLink has taken any and all appropriate action to mitigate such an event.
The Parties to this Agreement submit to the jurisdiction of the courts of the State of Illinois for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Illinois.
This Agreement can only be modified in writing signed by both TekLink and the Licensee.
This Agreement does not create or imply any relationship in agency or partnership between TekLink and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the TekLink’s successors and assigns.
All notices to the parties under this Agreement are to be provided at the following addresses, or at such addresses as may be later provided in writing:
TekLink International, Inc.
4320 Winfield Rd, Suite 215
Warrenville, IL 60555, USA