TERM OF USE
INNITE TECHNOLOGIES LTD. TERM OF USE
The following terms and conditions govern your use of the Beta Site, as defined below. If you do not agree to any of these terms and conditions, please do not make any use of the Beta Site.
- Definitions. As used in this Agreement, the following terms shall have the
- "Confidential Information" means any information disclosed by Company to the Licensee in connection with this Agreement, whether orally or in writing or in any other form, including the Site, Beat Site and the Related Materials.
- “Beta Site” means a beta version of the Site accessible through https://www.atvisor.ai or otherwise provided to Licensee and any pages thereof. The Beta Site may include known issues and bugs.
- “Related Materials” means information in written or other documentary form supplied to Licensee by the Company that relates, in whole or in part, to the installation, design, use, operation, testing, debugging, support or maintenance of the System, including evaluation forms and questionnaires filled by Licensee.
- “Site” Company's proprietary online marketplace for assistive devices and assistive technologies.
- "System" means the Site, Beta Site and the Related Materials.
- "Intellectual Property" means, all rights arising from patents, copyrights, trade secrets, trademarks, service marks, trade names, mask works, applications and other proprietary rights in any jurisdiction, and to all inventions, discoveries, works of authorship, know-how, technical information, work product, designs, ideas, concepts, innovations, drawings, schematics, original works of authorship, formulae, concepts, techniques, methods, systems, processes, compositions of matter, computer software programs, databases and mask works, whether or not patentable, copyrightable or protectable as trade secrets, irrespective of whether registered as a patent, copyright, trademark or in another form, and irrespective of whether constituting a commercial, professional or trade secret and/or other information related to the System, and any improvements, enhancements or modifications related thereto.
- Testing. Licensee agrees to provide testing services to the Beta Site and Related Materials under the terms hereunder and Company grants Licensee a license to use the Beta Site and Related Materials for this purpose. Licensee agrees to use the Beta Site and Related Materials solely for the purpose of internally testing and evaluating the Beta Site, according to Company's requests and guidelines, solely for the purpose of internal evaluation and testing of the Beta Site (the "Test"). The License agrees to perform the Test faithfully and honestly in accordance with Company's requests, and not to allow any other person to access and use the Beta Site or the Related Materials.
- Ownership. The System is and shall remain at all times the sole and exclusive property of the Company, including any and all Intellectual Property Rights related thereto and embodied therein. In the event that any new inventions, modifications, changes, improvements or derivative works, in connection with the System evolve during the Test or as a result of Test or otherwise in connection of the use of the System, whether during the Test or otherwise (collectively, “New Developments”), Licensee hereby agrees that such Intellectual Property rights are and shall be the sole property of the Company, and Licensee hereby assigns any rights that it may have in such New Developments to the Company.
- Confidentiality. Licensee agrees not to disclose to any third party or person the Confidential Information disclosed to Licensee under this Agreement. Licensee further agrees not to use the Confidential Information for any purpose other than as provided under this Agreement. At the end of the Term, or at Company's request, Licensee shall immediately return to the Company and/or delete all copies of the Beta Site and all Related Materials and cease any access thereto.
- Term and Termination. This Agreement shall enter into effect upon its signing and will remain in effect until the Test is completed (the “Term”). Sections 3, 4, 8 and 9 shall survive after termination of this Agreement.
- Disclaimer of Warranty. LICENSEE AKNOWLEDGES AND AGREES THAT THE BETA SITE IS MERELY EXPERIMENTAL AND IS NOT READY FOR COMMERCIAL USE. ANY ATTEMPT BY LICENSEE TO MAKE ANY USE OF THE BETA SITE FOR ANY OTHER PURPOSE THAN THE TESTING IS AT LICENSEE'S SOLE RISK AND RESPONSIBILITY, AND COMPANY SHALL NOT BE LIABLE TO ANY CLAIMS OR DAMAGES RESULTING FROM SUCH USE.
- Privacy. Licensee agrees not to use any private information of any person in performing the Testing, and to the extent Licensee is requested to upload any data during the test, it shall only use fictive data.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to the provisions of conflict of laws. The courts of the city of Tel-Aviv shall have sole and exclusive jurisdiction and venue over any dispute related to this Agreement.