By opening any software package or accessing the Web site or Informational Database, your organization ("you") agree to these terms and conditions, as modified or amended from time-to-time and each time you access the Database, Software or the Site, you re-confirm your agreement. If you do not agree to these terms and conditions, you may elect not to access the Database or Site, and must, if applicable, return any accompanying software product container and its contents, including any unopened software media package, to Tech Data. This Agreement is effective from the day you initially use or install the Software, access the Database or Site until such time as you cease to be an authorized reseller of Tech Data.

1. Definitions: For purposes of this Agreement, the following definitions shall apply:
   • Site or Web site: The Site or Web site means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Tech Data's World Wide Web site located at www.techdata.ca
   • Software: The Software, if any, includes all concepts, users and program interfaces and structures, functionality, computer code and other technology inherent in all computer software programs and all copies of the software supporting any of Tech Data's electronic commerce tools and products.
   • Databases or Informational Databases: The Informational Databases or Database includes all information accessible from Tech Data and tBN through the Software or the Site, which may include, but is not limited to, data structures, technical and other specifications, pricing, advice, and other data and information. All data and other information available on the Informational Databases is proprietary, confidential and the sole property of Tech Data, Intel or tBN or third parties licensing such information to Tech Data or tBN.
2. The information contained is for informational purposes only. It is meant to assist you, the Reseller, in the purchase of VBI Notebook products and services for resale.
3. The contents of this web site are for the use of the Reseller who has been given the necessary login and password by Tech Data. Such password and login are strictly confidential and for the intended use of the Reseller only. If a login and password have been authorized by Tech Data for a specified customer of the Reseller, then such customer agrees to be bound by all of the terms herein. You, and any authorized customer accessing this site, agree to keep confidential all of such information.
4. You are responsible for maintaining the confidentiality of your login and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Tech Data, Bizcom and tBN reserve the right to refuse service, terminate accounts and/or passwords, remove or edit content, or cancel orders in their sole discretion.
5. The Reseller hereby acknowledges and agrees that the products being purchased from Tech Data (the "Products") pursuant to the Verified by Intel Notebook Program ("the Program");
   • are designed and manufactured by an original device manufacturer ("ODM") and are only distributed by Tech Data;
   • are accepted by Tech Data and not modified or altered;
   • were selected by the Reseller using its own skill and judgment without any input from Tech Data; and
   • are sold by Tech Data on an "as is where is basis", save and except as set out otherwise herein.
   
   The Reseller further acknowledges and agrees that Tech Data has made no representations or warranties with respect to the Products, save and except those made by the ODM or party from whom Tech Data procured the Products, which are the only representations and warranties given with respect to the Products and such representations and warranties are in lieu of any other representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. The Reseller acknowledges that all other representations and warranties with respect to the Products are hereby disclaimed, including, but not limited to any representation or warranty regarding the use or resale of the Products not infringing on any patent, trademark, design, copyright or other industrial or intellectual property right of any other party.
   
   The Reseller agrees that Tech Data shall not be liable to the Reseller, or any End-User to whom the Reseller sells the Products, for any damages such party may suffer with respect to the Products, including but not limited to the manufacturing, usage, design or performance of the Product. The Reseller agrees not to make any claim against Tech Data for any loss or damages of any kind it may suffer due to a third party claiming that the Products infringe on such party's intellectual or industrial property rights. The Reseller further agrees to indemnify and save Tech Data harmless from any loss or damage Tech Data may suffer due to a claim that the Products sold to the Reseller or by the Reseller infringe on another party's intellectual or industrial property rights. If Reseller becomes aware of any potential or actual claim, Tech Data shall be promptly notified of same and shall allow Tech Data, at its option, to dispute or defend the allegation, at the Reseller's expenses, and the Reseller shall not make any admission of liability without Tech Data's consent.
6. Governing Law: This Agreement and your use of the Software, Informational Databases and Site are governed by the laws of the Province of Ontario and applicable federal laws of Canada. The venue for any disputes arising out of this Agreement shall be, at Tech Data's sole and exclusive option, the courts with proper jurisdiction at Tech Data's corporate headquarters, or the courts with proper jurisdiction at your location.
7. When you visit this web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement.
8. Your Organization will receive one login and password for use by any member in your organization. Your organization is responsible for keeping the login and password confidential, changing the password upon an employee leaving the organization, and for any purchases made using your login and password.
9. You also acknowledge that these terms can change at any time without notice from Intel, tBN or Tech Data.