1. Introduction
This End User License Agreement ("Agreement") is a legal contract between KES TEK, a company registered in the Kingdom of Morocco ("Licensor"), and the entity or individual ("Licensee" or "Customer") that deploys, installs, or uses DataKook ("the Software"). By deploying or using the Software, the Customer agrees to the terms of this Agreement. If the Customer does not agree, they must not use the Software.
2. License Grant
KES TEK grants the Customer a limited, non-exclusive, non-transferable, and non-sublicensable license to deploy and use DataKook within their own Microsoft Azure subscription for internal business purposes only.
3. Ownership and Intellectual Property
The Software is licensed, not sold. All rights, title, and interest in and to the Software (including source code, trademarks, and documentation) remain the sole property of KES TEK. Nothing in this Agreement grants the Customer ownership of the Software or any related intellectual property rights.
4. Deployment and Data Location
DataKook is deployed entirely within the Customer's Azure environment. All configuration data, logs, and connected database information remain within the Customer's Azure subscription and under their sole control. KES TEK does not collect, access, or process any Customer data outside the Customer's Azure subscription.
5. Restrictions
The Customer shall not:
- Modify, reverse engineer, decompile, or disassemble the Software.
- Rent, lease, sell, or redistribute the Software.
- Use the Software to provide hosting or time-sharing services.
- Remove or obscure any copyright or proprietary notices.
6. Support and Updates
KES TEK provides support via email at support@datakook.com. Standard support hours are Monday–Friday, 9:00–18:00 (GMT+1). Critical issues are acknowledged within 8 business hours.
KES TEK may periodically release updates or improvements. These may be automatically applied or made available for manual deployment.
7. Fees and Payments
If the Software is obtained through Azure Marketplace, all billing and payment transactions are handled directly by Microsoft as the authorized reseller. KES TEK receives payment from Microsoft according to marketplace policies.
If the Software is provided under a Bring Your Own License (BYOL) model, the Customer must ensure all applicable fees are paid directly to KES TEK.
8. Disclaimer of Warranties
The Software is provided "as is" and without warranties of any kind, express or implied. KES TEK does not guarantee that the Software will be error-free or operate without interruption. The Customer assumes all risks associated with its use.
9. Limitation of Liability
In no event shall KES TEK be liable for indirect, incidental, or consequential damages, including loss of profits, data, or business interruption. KES TEK's total liability shall not exceed the total amount paid by the Customer for the Software in the twelve (12) months preceding the claim.
10. Termination
This Agreement is effective until terminated. KES TEK may terminate the Agreement immediately if the Customer breaches any term. Upon termination, the Customer must cease all use of the Software and delete any associated files.
11. Governing Law and Jurisdiction
This Agreement is governed by the laws of the Kingdom of Morocco. Any dispute arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the Courts of Rabat, Morocco.