EKKEKO® SOFTWARE LICENCE AGREEMENT AND USER AGREEMENT

We (Ekkeko Groovy Industries Ltd.) may amend these terms and conditions at any time by forwarding the revised terms and conditions to the e-mail address in your user profile. If you do not agree with any revised terms and conditions, you must erase all EKKEKO® Software in your possession and cease using the EKKEKO® Service within thirty (30) days otherwise you will be deemed to have accepted the revised terms and conditions.

1. EKKEKO® SOFTWARE LICENSE
2. RESTRICTIONS ON SOFTWARE LICENSE
3. ELIGIBILITY FOR USE OF EKKEKO® SOFTWARE AND SERVICE
4. WHAT IS EKKEKO®?
5. RESTRICTIONS ON USE
6. PRIVACY AND PERSONAL INFORMATION
7. TERM AND TERMINATION
8. NO WARRANTY
9. LIMITATION OF LIABILITY
10. INDEMNIFICATION
11. TRADE-MARKS
12. APPLICABLE LAW AND JURISDICTION
13. GENERAL

1. EKKEKO® SOFTWARE LICENSE

Provided you comply with all the terms and conditions herein, we grant you a personal, non-exclusive, non-transferable and non-assignable license to make a copy and make personal use of the EKKEKO Software.

2. RESTRICTIONS ON SOFTWARE LICENSE

You may not sell, distribute, pledge, loan or sublicense the EKKEKO® Software or resell the use of the EKKEKO® Software. If someone you know would like to obtain a copy of the EKKEKO® Software, please direct them to our website located at http://www.ekkeko.com and we will be pleased to furnish them a copy provided they agree to the terms of this Agreement. The EKKEKO® Software remains at all times our sole and exclusive property. You may not modify the EKKEKO® Software nor alter any markings indicating our right of ownership, nor decompile, disassemble or undertake any form of reverse engineering process on the EKKEKO® Software nor provide assistance to any effort of a third party to do so.

3. ELIGIBILITY FOR USE OF EKKEKO® SOFTWARE AND SERVICE

You must be capable to form legally binding contracts under applicable law to use the EKKEKO® Software and Service. If you do not qualify, please do not download EKKEKO® Software and use the related services.

4. WHAT IS EKKEKO®?

We provide software that enables you to create advertisements that reside on your computer. We operate a central index by category to enable users to view your advertisement by communicating with your computer and likewise enable you to view the advertisements of others by visiting their own computers. We do not review the content of advertisements before they are made accessible by each authorised user. Our computers only receive the summary information required to index the advertisement. We do not receive copies of advertisements when they are made accessible by each authorised user or at any time thereafter. All authorised users are personally responsible for ensuring that their advertisements and any dealings resulting from these transactions comply with all applicable laws and with all restrictions set out in this Agreement. We are not involved in any way in the creation of advertisements or in any dealings resulting from these advertisements and have no control over the truthfulness, accuracy, or legality of advertisements or the quality, safety, fitness, sufficiency or legality of any goods or services advertised therein. Likewise, we have no control over the completion of any sale as well as the legal capacity or solvency of either party in dealings resulting from any advertisements. You may be dealing with underage persons or individuals acting under false pretence. You may find other users’ advertisements offensive, harmful, inaccurate or deceptive. Please exercise caution when viewing advertisements and when transacting with other users. Users may be located anywhere in the world. We urge users faced with illegal behaviour on the part of other users to contact appropriate local, state, provincial or federal authorities to file a complaint.

5. RESTRICTIONS ON USE

You agree not to use the EKKEKO® Software and Services to:

5.1 carry on fraudulent activities;
5.2 sell counterfeit or stolen items, or items that you do no legally own;
5.3 communicate misleading, inaccurate or false information concerning goods and services;
5.4 communicate material that is harmful, harassing, trade libelous, defamatory, obscene, hateful, vulgar or threatening;
5.5 misrepresent your identity or otherwise disguise your identity for purposes of deceiving other users;
5.6 infringe another person’s copyright, patent, trade-mark, trade secret or other intellectual property right or advertise, loan or sell goods or services that infringe any of these rights;
5.7 infringe on another person’s right of publicity or right of privacy;
5.8 communicate any child pornography;
5.9 disseminate viruses, worms, time bombs, trojan horses or other computer code that may damage, disable, prevent access to interfere with any computer systems;
5.10 take any steps to disable, corrupt, attack, infiltrate, interfere, erase or deny service to the computer systems of other users or to our own systems;
5.11 compile the personal information of other users other than to carry out transactions in goods and services advertised by other users;
5.12 compile, reproduce or distribute any data obtained through the use of EKKEKO® Software other than for your personal use for purposes of transacting in goods and services advertised by other users;
5.13 carry out any acts contrary to applicable laws and regulations as well as acts contrary to your own contractual undertakings towards third parties;
5.14 communicate, sell, exchange or otherwise deal in personal information contrary to applicable laws.

DO NOT USE EKKEKO® SOFTWARE AND SERVICES TO SELL, EXCHANGE, COMMUNICATE OR OTHERWISE DEAL IN INFRINGING COPIES OF COPYRIGHTED WORKS. EACH USER IS RESPONSIBLE FOR HIS BEHAVIOUR. COMMITTING COPYRIGHT INFRINGEMENT MAY LEAD TO CIVIL AND CRIMINAL LIABILITY INCLUDING FINES AND JAIL SENTENCES.

6. PRIVACY AND PERSONAL INFORMATION

When preparing an advertisement, you will be prompted to provide contact information. This contact information will be included in the advertisement and transmitted to any user viewing it. You may halt the transmission of this contact information by suppressing the advertisement. Be aware that copies of the advertisement that have already been transmitted to users will not be suppressed at that time but will continue to reside on their computers until each of them chooses to delete the advertisement. Contact information that you save in your EKKEKO® user profile will be communicated to our server. We may use this information to measure the effectiveness and popularity of our service with respect to various geographic or demographic groups. You may change or correct this information at any time by modifying your user profile. If you object to the transmission of your personal information in this manner, please do not enter any contact information when using the EKKEKO® Software and Service. Only your user name and e-mail address is required information. We will use and communicate to third parties your user name solely for purposes of indexing your advertisements on our server. We will use your e-mail address for purposes of ascertaining your identity in conjunction with your user name and password, communicating with you to inform you of any changes in the EKKEKO® Software and Service and information on its features and mode of operation. We may use your e-mail address to communicate information and special offers from associated companies or provide your e-mail address so that they may communicate directly with you for such purposes. However, prior to such use you will be instructed on how to opt out of such communications in a message sent to the e-mail address in your user profile. We do not monitor your use of the EKKEKO® Software and Service. We may compile, distribute, sell or lease to third parties aggregate information concerning the index keys posted on our server but none of this information will relate to any single or identifiable user. Any aggregate information will not include user names. Our servers are located at the following address: 1080 Beaver Hall, Montreal, Quebec, Canada. If you have any queries concerning privacy and personal information please communicate with us at the following e-mail address: privacy@ekkeko.com. We will endeavour to respond when reasonably possible.

7. TERM AND TERMINATION

This Agreement and your right to use the EKKEKO® Software and Service will continue until such time as it is terminated by us. We may give notice of termination at any time at our sole discretion, including without limitation for breach of the terms of this Agreement by sending notice to you using the e-mail address in your user profile.

8. NO WARRANTY

WE AS WELL AS OUR EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE THE EKKEKO® SOFTWARE AND SERVICE “AS IS” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, PERFORMANCE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT EXTEND ANY FORM OF WARRANTY TO ANY GOODS OR SERVICES ADVERTISED THROUGH THE USE OF THE EKKEKO® SOFTWARE AND SERVICE.

ANY DATA DOWNLOAD USING THE EKKEKO® SOFTWARE AND SERVICE IS DONE AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR EQUIPMENT, SOFTWARE AND DATA.

9. LIMITATION OF LIABILITY

YOU AGREE THAT IN NO EVENT SHALL WE, AS WELL AS OUR EMPLOYEES, AGENTS AND SUPPLIERS, BE LIABLE WHETHER IN CONTRACT, TORT OR CIVIL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE TOTAL OR PARTIAL FAILURE OF THE EKKEKO® SOFTWARE AND SERVICE, THE LOSS OF PROGRAMS, DATA OR THIRD PARTY SERVICES, DAMAGE YOUR EQUIPMENT, UNAUTHORISED ACCESS TO YOUR SYSTEM OR TRANSMISSIONS, ADVERTISEMENTS RECEIVED FROM OTHER USERS OR DEALINGS WITH OTHER USERS. IN NO EVENT SHALL OUR LIABILITY, AS WELL AS THAT OF OUR EMPLOYEES, AGENTS AND SUPPLIERS, EXCEED AN AMOUNT OF FIFTY (50) CANADIAN DOLLARS.

10. INDEMNIFICATION

You agree to indemnify and hold us as well as our subsidiaries, affiliates, employees, agents and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your breach of this Agreement or your infringement of the rights of any third party.

11. TRADE-MARKS

The EKKEKO name and logo are trade-marks owned by Ekkeko Groovy Industries Ltd.

12. APPLICABLE LAW AND JURISDICTION

This Agreement is governed by the laws applicable in the Province of Quebec, Canada. Any dispute arising out of or in connection with this License shall be brought before the competent court in the judicial district of Montreal, Quebec, Canada, to the exclusion of any other venue.

13. GENERAL

Our failure to act with respect of a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The provisions of section 2, 5, 6, 8, 9 and 10 of this Agreement will survive its expiration or termination.

Vous pouvez accéder à une version française de cette entente en activant le lien suivant : http://www.ekkeko.com/termes.htm.



2003 Ekkeko Groovy Industries Ltd.
all rights reserved