Skip to contentSubject to the terms and conditions of this Agreement and Customer’s payment of all fees, during the term of this Agreement, OpenTech grants Customer a non-exclusive, non-transferable, limited license to access and use any OpenTech software, including any embedded third party technology, and related updates and features made accessible to Customer by OpenTech (the “Software”), the Storage Genie services (the “Services”), and related materials (collectively the “Product”) described in this Agreement solely for Customer’s self-storage business in the territories set forth in this Agreement. All rights not expressly granted to Customer hereunder are expressly reserved by OpenTech. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights, and other intellectual property and proprietary rights in the Products and all improvements, enhancements, or modifications thereto shall remain the sole and exclusive property of OpenTech. Customer shall not (nor shall it permit any third party to): (i) copy or manufacture the Products or any portion thereof or otherwise use the Products to develop a competing product or service; (ii) translate, modify, adapt, enhance, extend, decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Products or any portion thereof or remove any proprietary, disclaimer, or warning notice thereon; or (iii) use or allow the transfer, transmission, export, or re-export of the Products or any portion thereof outside the territories set forth in this Agreement or otherwise in violation of applicable law. Customer may not assign, transfer, or delegate its rights or obligations hereunder without the prior written consent of OpenTech
The parties agree that information designated by a party as confidential or reasonably understood by the parties to be confidential, is confidential and proprietary to the disclosing party, and each party agrees to keep such information strictly confidential until the information becomes public knowledge without breach of this Agreement or similar confidentiality requirements. The Products are OpenTech’s confidential information.
The Products are an annual commitment commencing on the first day of Services or use of Software and will automatically renew annually unless either Customer or OpenTech gives written notice to the other party of its intention not to renew at least 60 days prior to expiration of the then current term. OpenTech will provide Customer at least 60 days prior to expiration of the current term, written notice of OpenTech’s election not to renew or any fee changes.
The Annual Services fee will be invoiced by email in advance; if Customer requires that the invoice be sent by USPS, then a $5 service fee will be added to each invoice. The Services fee will be prorated and due immediately following the completion of STC. Should any invoice for Services ordered be outstanding for over sixty (60) days, OpenTech may terminate the Agreement immediately upon notice to Customer
This Agreement shall be deemed to have been executed and delivered in Phoenix, Arizona. This Agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed by the internal laws of the State of Arizona, without giving effect to the principles of conflicts of law thereof. Any lawsuit arising from or related to this Agreement shall be brought in a state or federal court located in Maricopa County, Arizona, and both OpenTech and Customer hereby consent to the jurisdiction of such courts.
This Agreement and any exhibits attached hereto represent the entire agreement between the parties with respect to the Products. No alteration or modifications of this Agreement will be valid unless made in writing and signed by the parties. No attachment, supplement, or exhibit to this Agreement shall be valid unless initialed by an authorized signatory of OpenTech. No modification of any of these terms will be affected by OpenTech’s provision of Products following receipt of Customer’s purchase order, shipping request, or similar forms containing terms and conditions conflicting or inconsistent with the terms herein.
The Annual Services fee will be invoiced by email in advance; if Customer requires that the invoice be sent by USPS, then a $5 service fee will be added to each invoice. The Services fee will be prorated and due immediately following the completion of STC. Should any invoice for Services ordered be outstanding for over sixty (60) days, OpenTech may terminate the Agreement immediately upon notice to Customer
This Agreement and any exhibits attached hereto represent the entire agreement between the parties with respect to the Products. No alteration or modifications of this Agreement will be valid unless made in writing and signed by the parties. No attachment, supplement, or exhibit to this Agreement shall be valid unless initialed by an authorized signatory of OpenTech. No modification of any of these terms will be affected by OpenTech’s provision of Products following receipt of Customer’s purchase order, shipping request, or similar forms containing terms and conditions conflicting or inconsistent with the terms herein.