TEKMON Software
End User License Agreement

These terms and conditions represent the agreement (“Agreement”) between you and TEKMON SA (“TEKMON”), a company organized under the laws of the Hellenic Republic, with respect to the TEKMON Software (including mobile phone application and web platform, along with upgrades, modifications, or additions thereto) licensed for the purpose and within the scope of the information technology services (“Services”) provided to you by an authorized TEKMON reseller (“TEKMON Reseller”). All references herein to “you” and “your” means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.  You agree to obtain the agreement of any such other person(s) to all the terms and conditions as set out in this document. Please read these terms and conditions carefully before you use the TEKMON Software. By using TEKMON Software you indicate that you accept and agree to be bound by these terms and conditions. If you do not accept these terms and conditions, do not use, or continue any use of the TEKMON Software.

1. TEKMON Software License

Subject to your compliance with the terms of this Agreement, TEKMON hereby grants to you a personal, revocable, non-exclusive, non-transferable license, without the right to sublicense, to access and use TEKMON Software.  This license shall terminate upon any termination of this Agreement.  You agree that you will use TEKMON Software only for your internal business and purposes, in accordance with the terms provided herein and TEKMON’s respective instructions and always for the purposes for which TEKMON Software has been designed. Should TEKMON provide you with any upgrades or updates to TEKMON Software such updates or upgrades shall be subject to the terms and conditions of this Agreement or such agreement, if any, which accompanies such updates or upgrades, and may be subject to additional payments. 

2. Use of TEKMON Software

You agree that:

(a) You and anyone obtaining access to TEKMON Software through you, will only use TEKMON Software and any component thereof in accordance with this Agreement, any agreement entered into between you and TEKMON Reseller and any documentation provided by TEKMON or TEKMON Reseller for use in conjunction with TEKMON Software;

(b) You and anyone obtaining access to TEKMON Software through you, will comply with your obligations under this Agreement and your agreement with TEKMON Reseller and will comply with all applicable laws and regulations concerning the use of TEKMON Software;

(c) You will ensure that any information you provide to TEKMON or to TEKMON Reseller is true, accurate, current and complete;

(d) You will be responsible for all activities with respect to TEKMON Software undertaken by you or undertaken by anyone who has access to TEKMON Software through you;

(e) You will ensure that all rights of access, dissemination and use of TEKMON Software are only granted to those persons designated as users of TEKMON Software in accordance with your agreement with TEKMON Reseller, and you will not allow, directly or indirectly, other third parties to access and / or view or use any part of TEKMON Software;

(f) You warrant that you have the right and the authority to enter into this Agreement;

(g) You will ensure that the use of TEKMON Software, including -without limitation- the use thereof with any other software, application, or data and the transmission of data using TEKMON Software, does not interfere with, degrade, or adversely affect any software, system, network or data used by any other person, including TEKMON, TEKMON’s affiliate companies or other customers of TEKMON, and you will not use or allow any person to use TEKMON Software in a way that has a detrimental affect upon TEKMON, TEKMON’s affiliate companies, its customers or its products or services;

(h) You and anyone obtaining access to TEKMON Software through you, will not use TEKMON Software to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts;

(i) You will cooperate with TEKMON and provide information requested by TEKMON to assist TEKMON in investigating or determining whether there has been a breach of this clause 2 or any other provision of this Agreement and provide TEKMON with access to the premises and equipment where TEKMON Software is or has been used.   

3. License Limitations

You agree not to do any of the following: 

(a) evade or circumvent any technological protection measures designed to safeguard TEKMON Software;

(b) reconstruct the open-source code, reverse engineer, decompile, decrypt, disassemble, illegally access, copy, modify, alter or otherwise change, exploit or decommission TEKMON Software or any part thereof; 

(c) separate the constituent parts that make up TEKMON Software for use in other devices; 

(d) publish, distribute, grant the use, sublicense, sell, lend, lease or otherwise transfer or provide unauthorized access to TEKMON Software to others, unless TEKMON has expressly authorized you to do so;  

(e) use TEKMON Software in any manner that (i) infringes the intellectual property or proprietary rights, rights of publicity or privacy or other rights or entitlements of any third party, (ii) violates any law, provision, ordinance or regulation, (iii) is harmful, threatening, abusive, offensive, harassing, tortuous, defamatory, obscene, libelous, or otherwise reprehensible, or (iv) grants access that is unauthorized or prevented by any other person or results in the illegal access to any service, data, account or network; or 

(f) attempt to extract or obtain the source code or tamper with TEKMON Software’s method, algorithm, or process, or modify, adapt, translate or create derivative works based on TEKMON Software.

4. Disclaimers

In no event will TEKMON, its licensors, suppliers, agents or employees, be liable for any decision made or action taken by you or anyone else using TEKMON Software or in reliance on the information provided by TEKMON Software. TEKMON bears no responsibility and provides no guarantee in case of malicious use of TEKMON Software. You are responsible for the entire risk arising out of your use of TEKMON Software.  

Except where prohibited by applicable law, TEKMON expressly disclaims and excludes all warranties or conditions in connection with TEKMON Software, whether statutory, express or implied, including all warranties or conditions which may arise from course of dealing, custom or trade and including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights with respect to TEKMON Software. TEKMON does not guarantee or commit to the accuracy, adequacy or functionality of TEKMON Software in conjunction with third-party equipment or software or connections to third-party internet sites, and /or that it will operate error free and bug free, or if used in conjunction with IT infrastructure that does not comply with the written instructions or recommendations of TEKMON. 

5. Limitation of Liability

Without prejudice to the applicable provisions of Greek legislation on the exclusion and limitation of liability, the total liability of TEKMON for any reason arising from or related to the execution of this Agreement and howsoever substantiated (a) shall in no event exceed the total subscription fees actually paid by you (directly or through the Reseller) for the TEKMON Platform during the twelve (12) months immediately preceding the event giving rise to the claim and (b) shall not include negative or indirect damages of any kind (including in each case, but not limited to, damages for the inability to use TEKMON Software or access data, loss of data, loss of business, loss of profits, business interruption or the like) even if TEKMON has been advised of the possibility of such damages. It is expressly agreed  that the employees, representatives, associates, service providers and agents of TEKMON and TEKMON’s affiliate companies cannot be held personally liable, nor do they assume any contractual or non-contractual liability towards you and that you are not entitled to make claims against these persons individually, regardless of their participation or contribution to the Services. 

6. Indemnity / Liability

You shall indemnify TEKMON, TEKMON’s suppliers, successors, affiliates, agents and assigns (each an “Indemnified Party”) from any claims, damages, losses, or expenses (including without limitation reasonable legal fees and costs) incurred by an Indemnified Party arising from:

(a) your breach of this Agreement;

(b) for libel, slander, defamation or infringement of intellectual property or other proprietary rights with respect to material transmitted by you using TEKMON Software;

(c) for any injury, death, or property damage arising in connection with the presence, use or non-use of any portion of TEKMON Software, unless such damage to person or property is due to the negligence of TEKMON;

(d) your use of TEKMON Software or any portion thereof other than strictly in accordance with this Agreement and all instructions provided by TEKMON or TEKMON Reseller. 

7. Intellectual and Industrial Property Rights

All rights to TEKMON Software are the property of TEKMON and any reproduction, distribution, or modification that does not comply with the license granted in this Agreement are expressly prohibited. You do not acquire any intellectual property or other proprietary rights by virtue of this Agreement, including patents, designs, trademarks or rights in any confidential information or trade-secrets, in or relating to TEKMON Software or any part thereof. You also do not acquire any rights in or related to TEKMON Software or any component thereof, other than the rights expressly licensed to you under this Agreement or in another mutually agreed upon, written agreement that you may have with TEKMON.

8. Confidentiality

You acknowledge and agree that TEKMON Software was developed at considerable time and expense by TEKMON and / or TEKMON’s affiliate companies and is confidential to and contains trade secrets of TEKMON. You agree to maintain TEKMON Software in strict confidence and not to disclose or provide access thereto to any person expect to your employees and partners with a need for access to exercise the license rights conferred hereby. You shall take all necessary measures to ensure that all your employees and partners are aware of and comply with the obligations under this article and shall ensure the safeguarding and security of confidential information and data and prevent unauthorized third parties from accessing same.

9. Termination

This Agreement shall be effective upon your agreeing to be bound by the terms hereof and shall end upon termination of this Agreement in accordance with the provisions set out herein.

If you breach any provision of this Agreement TEKMON may, in addition to all other rights and remedies provided by this Agreement or by law, terminate this Agreement on giving written notice of such termination to you with immediate effect.

TEKMON may terminate this Agreement and / or immediately cease to provide this license if TEKMON is prevented from providing any portion or all of TEKMON Software to you by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other governmental body. Nothing herein shall be construed to require TEKMON to seek a waiver of any such law, rule, regulation, or restriction, or seek judicial review or appeal of any court order.

Except as set out below, this EULA will remain in force for the full duration of your current subscription period even if the agreement between TEKMON and the TEKMON Reseller is terminated or expires

If TEKMON has terminated its agreement with the TEKMON Reseller because of the Reseller’s material breach and expressly revokes continuation rights, TEKMON may, by written notice to you, cause this EULA to end on the later of (i) the expiry of your current subscription period or (ii) thirty (30) days after such notice. TEKMON will offer you a commercially reasonable path to maintain uninterrupted access to the TEKMON Software, either directly or through another authorised reseller.

Upon termination of this Agreement, howsoever caused, you will immediately discontinue all use of TEKMON Software and destroy TEKMON Software and any copies made in accordance with this Agreement, regardless of the form in which such copies exist. 

10. Personal Data Protection & General Data Retention

10.1 TEKMON processes personal data in accordance with the General Data Protection Regulation (2016/679 – “GDPR”) and all applicable data protection legislation. For TEKMON or a TEKMON Reseller to provide the Services, check compliance with the terms hereof, defend the interests of TEKMON and third parties, or fulfill legal obligations imposed by laws and regulations, TEKMON collects and processes personal data which mainly consists of names, addresses, telephone numbers, e-mails, as well as additional information received from you in relation to your representatives, executives, employees, partners or associates, such as position in the company and professional tasks. The above personal data may be transferred:

(a) to service providers, consultants and associates of TEKMON as well as Banks;  

(b) to public services and authorities to whom the disclosure of information and data is mandatory by law; and  

(c) to suppliers who may have been commissioned by TEKMON to process a specific category of data under a specific data-processing agreement in accordance with the stipulations of the GDPR.

10.2  TEKMON retains your personal data and client-related information only for the duration necessary to fulfill the specific, explicit, and legitimate purposes for which such data was collected or otherwise lawfully processed and to comply with applicable legal, regulatory, or contractual obligations. Unless otherwise required by law, TEKMON does not erase or delete any such data except upon the receipt of a formal, written request duly signed by your authorized representative. Said request must explicitly identify the data to be erased and confirm that such deletion is consistent with your legal obligations and the rights of the data subjects.

10.3  Data Retention & Deletion for All Data  

10.3.1  TEKMON will retain all data collected, stored or processed in connection with the Services—including Personal Data, system and audit logs, configuration settings, user-generated content, reports, analytics outputs, and backup copies—only for as long as necessary to:  

(a) fulfill the specific, explicit and legitimate purposes for which the data was collected;  

(b) comply with applicable legal, regulatory, or contractual obligations; and  

(c) resolve disputes, enforce its agreements and protect its legal rights.

10.3.2  Deletion Upon Request  

Except where retention is otherwise required by law or by TEKMON’s legitimate business or compliance needs (for example, preserving audit trails), TEKMON will not delete or erase any such data unless it receives a formal, written deletion request, signed by your authorized representative, which:  

(i) identifies the specific data sets to be erased; and  

(ii) confirms that deletion is consistent with your legal, regulatory and contractual obligations.

Upon receipt of a valid request, TEKMON will delete the specified data within thirty (30) days, provided that doing so does not conflict with any overriding legal or contractual requirement to retain the data.

11. Assignment

You may not assign or transfer this Agreement or any of your rights or obligations, in whole or in part, without the prior written consent of TEKMON (such consent may be withheld) and any assignment or transfer without TEKMON’s prior written consent shall be null and void and of no effect.  Notwithstanding the foregoing, TEKMON may assign this Agreement to any other party at any time without notice, provided the assignee remains bound by this Agreement.

12. General 

(a) This Agreement constitutes the entire agreement between TEKMON and you with respect to the subject matter hereof.

(b) TEKMON’s or your failure to require performance of any provision hereof shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

(c) If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

(d) The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof by either or both parties, shall so survive the completion of performance, cancellation, or termination of this Agreement. 

(e) This Agreement shall be governed by and construed in accordance with Greek law and any dispute arising out of or in connection with this Agreement shall be referred to the exclusive jurisdiction of the competent courts of Athens. 

(f) This Agreement may be amended at any time upon mutual agreement by the parties. 

(g) The headings in this Agreement are for convenience of reference only, will not be deemed to be a part of this Agreement, and will not be referred to in connection with the construction or interpretation of this Agreement.  As used in this Agreement, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”