1. GRANT OF LICENSE
Guest-Tek grants to you, a personal, non-exclusive and non-transferable right to Use the
OneView Internet suite of products, and MyAway products, (including any product currently
branded under the GlobalSuite product name) and any other products delivered by Guest-Tek
from time to time (the "Licensed Products") and all associated documentation solely in
object code format. In the context of this Agreement, "Use" means that a single user may
install and operate one copy of the Licensed Products on a single computer at any given
2. RESTRICTIONS ON USE
You agree that you will not:
3. INTELLECTUAL PROPERTY
Guest-Tek, or other third parties, own all intellectual property rights in the
Licensed Products, related written materials, logos, names and other support materials
furnished with the Licensed Products. No title to the intellectual property in the Licensed
Products, the documentation, magnetic media or any other material provided therewith is
transferred to you by this Agreement.
Guest-Tek is the owner of the trade-marks "Guest-Tek" and "MyAway". All rights are
reserved. All other names, trade-marks and logos that appear in the Licensed Products
are the property of Guest-Tek or the applicable third-party providers. You may not use
any of these names, trade-marks or logos without Guest-Tek's prior written permission.
This license shall continue for as long as you are entitled to possess and operate
the Licensed Products. However, this license will terminate immediately if you fail
to comply with any of its terms or conditions. You agree, upon termination, to
destroy all copies of the Licensed Products. The limitation of warranty and remedies
set out below shall continue in force even after any termination of this Agreement.
5. LIMITED WARRANTY
THE LICENSED PRODUCTS AND RELATED MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. GUEST-TEK
DOES NOT WARRANT THAT THE LICENSED PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR
OPERATION WILL BE ERROR-FREE. IN NO EVENT SHALL GUEST-TEK BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE LICENSED PRODUCTS.
Although Guest-Tek has taken all commercially reasonable steps to provide a secure
system, within limitations imposed by network and computer infrastructure, Guest-Tek
does not guarantee that communication over their network shall be secure from
monitoring or tampering, nor that information stored on any computer connected to the
network shall be secure from monitoring or tampering.
THE USER ACKNOWLEDGES THE RISKS ASSOCIATED WITH PUBLIC ACCESS TO THE INTERNET AND
HEREBY RELEASES GUEST-TEK FROM ANY LIABILITY FOR UNAUTHORIZED THIRD PARTY SECURITY
BREACHES OR THE RESULTS THEREOF.
6. LIMITATION OF REMEDIES
Guest-Tek's liability under any provision of this Agreement shall be limited to the
amount actually paid by you for the Licensed Products or $25 CDN, whichever is greater.
7. USE OF PUBLIC INTERNET PROTOCOL ADDRESSES
If you have elected to use a public Internet Protocol address you face special risks.
With such an address, your computer is directly accessible from the Internet;
Guest-Tek's firewall is not interposed and is therefore unable to protect you. Your
computer may be subject to attacks in which malicious users scan your private data
and load destructive programs onto your computer. Guest-Tek advises against using
a public Internet Protocol address unless your computer is equipped with a personal
firewall or Virtual Private Network client. By electing to use a public Internet
Protocol address, you assume all risk and hold Guest-Tek harmless in the event of any
damage you may suffer due to another person monitoring your communications.
8. WIRELESS ACCESS
If you have elected to use wireless access, such as that based on the IEEE 802.11b
standard ("Wi-Fi") you face special risks. Wi-Fi transmissions are broadcast; anyone
within range of the signal can monitor other users' communications. Even if you use
the WEP encryption technology provided with Wi-Fi, malicious users may be able to
decode your communications. Guest-Tek advises against using Wi-Fi unless your computer
is equipped with a Virtual Private Network client to provide adequate encryption.
By electing to use Wi-Fi, you assume all risk and hold us harmless in the event of any
damage you may suffer due to another person monitoring your communications.
9. LINKS TO THIRD PARTY SITES
The Licensed Products may provide you with hyperlinks that direct you to websites
operated by parties other than Guest-Tek. Such hyperlinks are provided for reference
purposes only. As Guest-Tek has no control over such sites and the resources therein,
you acknowledge and agree that Guest-Tek is not responsible for the availability of
such external sites or resources, does not endorse and is not responsible or liable for
any content, advertising, products, or other materials or information on or available
from any such sites or resources. You further acknowledge and agree that Guest-Tek
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance on
any such content available on or through any such site or resource.
Guest-Tek assumes no responsibility and shall not be liable to you or to any other
party for any damages to or viruses that may infect computer equipment or other
property on account of access to or use of the Licensed Products.
11. CHANGE OF TERMS
The terms of this Agreement may be changed at Guest-Tek's sole discretion and without
12. GOVERNING LAW
This license will be governed by the laws in force in the Province of Alberta, Canada,
excluding the application of its conflicts of law rules. This license will not be governed
by the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. Any claim or suit brought by you against
Guest-Tek in any way relating to your use of the Licensed Products or this Agreement may
only be brought in the Courts of the Province of Alberta.
Whenever possible, each provision of this Agreement may be interpreted in such a manner
as to be effective and valid under applicable law, but if any provision of this Agreement
is held to be prohibited by or invalid under applicable law, such provision will be
ineffective only to the extent to such prohibition or invalidity, without invalidating
the remainder of such provision or the remaining provisions of this Agreement.
14. ENTIRE AGREEMENT
The terms of this Agreement contain the entire understanding of the parties hereto
with regard to the subject matter contained herein or therein, and supersede all
prior and contemporaneous agreements or understandings between or among any of the
parties, whether written or oral. This Agreement shall not be amended, modified or
supplemented except by a written instrument signed by an authorized representative of
each of the parties.
SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, OR IF YOU DESIRE TO CONTACT GUEST-TEK FOR ANY REASON, PLEASE FEEL FREE TO CALL GUEST-TEK AT (403)509-1010 (9-5 M.S.T.).
BY CLICKING THE SUBMIT (OR "I AGREE") BUTTON OR USING THE LICENSED PRODUCTS YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE EXIT AND DO NOT USE THE LICENSED PRODUCTS.