Inness Product License Agreement
This agreement describes the terms and conditions relating to the use of Productsand intellectual properties created and promoted by Inness Sàrl the brand name of InNeSS.
"Inness Partner" (hereafter Partner) means the owners of Inness Sàrl.
"Trainee" means a person trained, Coached or with whom you'll be using our Product.
"Certified Trainer" means a trainer who received the Inness certification from Inness Partners and who signed this Agreement.
3. License and Restrictions.
5. Disclaimer of Warranties and Limitation of Liability.
You acknowledge the confidential and proprietary nature of theConfidential Information received, created, accessed to and/or disclosed to itand/or its Representatives during the performance of the Agreement and agreesto treat this information as strictly confidential. This Confidential Informationmay only be used to the extent necessary for the performance of the Licenseusage. You undertake to and shall ensure that your Representatives will notdisclose to third parties in any manner Confidential Information without Inness'sprior written consent and will comply with the terms of this section 6. Without limiting the generality of the foregoing, Youand your Representatives shall be further obliged:
- to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure;
- not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any part of the Confidential Information, except as specifically authorized by Inness;
- to advise every person, who has access to any of the Confidential Information, that he/she/it is not allowed to use, publish or otherwise disclose to others, or permit others to use for their benefit or for the benefit of third parties, any of the Confidential Information;
- to disclose Confidential Information on a strictly "need to know" basis only to authorized Representatives to the extent that such Representatives, prior to any disclosure of any Confidential Information, have undertaken to fully abide to the terms and conditions of this section 7.
- to comply with any other reasonable protective measures imposed or requested by Inness.
7. Intellectual Property
All intellectual and industrial property rights, including the right to use, reproduce and extract on any medium, all or part of the data, files and elements appearing in these pages, as well as the right to present and reproduce in part or in full on any medium, the right to modify, adapt or translate, are reserved exclusively to Inness Sàrl Seigneur de Bast including with regard to downloadable documents, graphic, iconographic, photographic, digital or audiovisual representations, and this, subject to the pre-existing rights of third parties who have authorised InNeSS™ to digitally reproduce and/or integrate their work, whatever its nature, into this website. The reproduction, in part or in full, of the aforementioned elements and, in general, the reproduction of all or part of this site on any electronic medium whatsoever, is prohibited, without the prior written consent of InNeSS™.
- all obligations that accrued prior to the termination date and any remedies for breach of this Agreement shall survive any such termination,
- you shall cease using the Product and promptly return it to Inness, and
- the provisions of Sections 5, 6, 7 hereof shall survive.
9. fees & Invoicing
annual rate at https://www.inness.pro/p/acces-membre-premium/
For each Trainee, you agree to order and pay the related Product package fees as available at https://www.inness.pro/packages/ ("The Package Price")
If case, you are authorized a Train the Trainer training (cf. 3), you may invoice your client for each trainee trained by those trainers at the Package Price multiplied by up to 3. You still agree to pay Inness the package price per trainer. For the sake of clarity, if the Package Price is 150CHF, your client may be invoiced up to 450CHF per trainee, of which you will pay Inness 150CHF per trainee.
For each training organized on your own you can invoice a price between 800 CHF and 1600 CHF per Trainee for a Swiss Based service. The price may differ reasonably if the service is performed in a different country.
For each training organized by Inness, in which you agree to contribute, you agree to invoice Inness a rate of 225 CHF per hour excluding travel expense and travel time out of your region.
In case you need an Inness Partner, you agree to pay Inness 375 CHF per hour excluding travel expense and time out of partner's region.
10. Certified Trainer Package
You agree to order the package for each trainer at https://www.inness.pro/packages/
Inness commits to deliver the package within 30 days.
11. General Provisions.
- You acknowledge and agree that in the event of any dispute between you and Inness the only damages that can be awarded are limited to the amount you have advanced or paid to Inness for the license of the Product.
- This Agreement will be interpreted under the laws of Switzerland. Venue for any litigation arising hereunder shall be the courts in and for Geneva. You agree that, in the event of any breach or threatened breach of Sections 5, 6, 7 hereof, Inness will suffer irreparable damage for which there is no adequate remedy at law. Accordingly, Inness shall be entitled to injunctive relief and other equitable remedies to prevent or restrain such breach or threatened breach without the necessity of posting any bond. By mutual agreement, you and Inness may submit any dispute to arbitration or mediation.
- You shall indemnify and defend Inness and hold it harmless from and against all liability, losses, claims, demands, actions, suits, damages, judgments, costs and expenses, including reasonable attorney's fees and expenses, that Inness incurs related to your breach of this Agreement.
- Any notices, correspondence or other communications under this Agreement shall be given or sent to email@example.com
- This Agreement constitutes the entire agreement between you and Inness, and all prior agreements, understandings, representations, and statements have been merged herein. This Agreement has the same force and effect as a signed agreement. If any provision of this Agreement is determined to be illegal or unenforceable, such provision will be limited or eliminated to the minimum extent necessary so that this Agreement will remain fully enforceable and effective. This Agreement may not be modified, and no agreement hereafter made between the parties shall be binding on either party, unless done in writing and signed by the authorized representatives of the parties.