Agreement Training Services

Kinetica`s standard maintenance and support services do not cover custom software or new developments created under a contract. If available, maintenance and support can be processed under a separate service agreement. The client can replace the training participants by providing Kinetica with a written communication 48 hours before the planned training begins. Kinetica reserves the right to exclude from the class the participants in the training which, according to their reasonable opinion, cause disturbances in this class. In the case of such an exclusion, no reimbursement of related costs is made. Kinetica does not allow customers to “audit” additional participants. The client agrees to pay for all participants who are in the classroom at the time of the training, including last-minute participants and drop-ins. This agreement allows the client to acquire training (“training courses”) according to Takari order forms (which may contain online registration or order forms provided by Takari or on behalf of Takari) that relate to this agreement (“order forms”)) and defines the basic conditions under which training courses are provided. This agreement governs the initial purchase of the customer on the effective date, as well as all future customer purchases relating to this agreement. 1. Generalities. Takari will provide customer training for the number of participants listed in the corresponding order form.

The order form also shows the format, date (s) and time (s) for the training course. The training is only valid for the date and time specified on the order form concerned, subject to availability. The customer must provide Takari with each participant`s name and email address for the equipment. The training is subject to the current version of the instructions for Takari training changes and cancellations currently available under (“Conditions for Modification and Cancellation”). Ownership of all copyrights and other intellectual property rights of training materials or other documents, technical information and know-how (together “Kinetica Proprietary Information”), made available to training participants or otherwise to the client, is left to Kinetica. The client recognizes that Kinetica Proprietary information is confidential and is the property of Kinetica and is a valuable trade secret of Kinetica, and that the client cannot acquire any intellectual property or other property on the owners of Kinetica. All proprietary Kinetica information must remain confidential and should not be disclosed, copied or provided to third parties. Subject to the limitations set out in this regulation, a participant may use training materials to fulfill his or her mission for the client, but neither Kinetica`s training materials nor proprietary information may be copied or used by another person, including other employees or subcontractors working for the client, or to provide training to others, including other employees or subcontractors working for the client.