Lisensavtale Nettbutikk

Lisensavtale GoOnline Shop  

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING, COPYING OR USING THE SOFTWARE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ACTIVE ONLINE TECHNOLOGY AS, A NORWEGIAN CORPORATION, FOR THE SOFTWARE PRODUCT IDENTIFIED BELOW. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.  

1. LICENSE
Active Online Technology AS ("AOT") grants to you, the end-user person or entity ("You") a nonexclusive, nontransferable and nonsublicensable license ("License") to use this copy of theenclosed software program, as more fully described in Attachment A, in machine executable object code format ("Software") and the accompanying documentation ("Documentation") according to the following terms. You may copy the Software for back-up or archival purposes, provided any copy must contain all of the original Software's proprietary notices. You may not: (i) permit other individuals to use the Software except under the terms listed herein, (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software, (iii) copy the Software (except as specified herein), (iv) sell, rent, lease, or otherwise transfer rights to the Software, irrespective of whether or not the Software is integrated with and into Your products, technology or intellectual property, or (v) remove any proprietary notices or labels on the Software.This Agreement is conditional upon You and AOT having agreed on the commercial terms and conditions of the License, which agreement shall take the form of an Order Form executed by both parties ("Order Form").  

2. LICENSE FEES AND PAYMENT TERMS
In return for being granted the License, You shall pay to AOT the license fee ("License Fee") identified as such in the order details section of the Order Form. AOT shall invoice You in respect of the License Fee upon dispatching to You the relevant Software key, which enables use of the Software. Such invoice shall be due and payable within 30 days of the invoice date by electronic wire transfer to a bank account to be designated in writing by AOT. Overdue payments shall bear interest at the rate (currently 12%) according to the Norwegian law on interest on overdue payments (lov om renter ved forsinket betaling - law 17.12.1976 no.100).  

3. UPDATES
The terms and conditions of this License shall apply to the initial copy of the Software as well as any upgrades, add-on modules, and/or new releases ("Upgrades") to the Software subsequently delivered to You. You must destroy all previous copies of the Software, however duplicated or archived, within thirty (30) days of installation of the Upgrade. Upon installation of an Upgrade, this License permits use of the upgraded Software only. You must install the required Upgrade and destroy all copies of the previous version of the Software, however duplicated or archived, within ten (10) days of receipt of the required Upgrade or receipt of notice that the required Upgrade is available for electronic download.

4. DELIVERY
This License grants You the right to use one copy of the Software on one computer. The Software is licensed as a single product, which at any time may only be used by one authorized user on one computer. Regardless of the number of authorized end users, AOT will be obligated to deliver only one copy of the Software to You under this Agreement. To the extent You acquire more than one License, You will be entitled to have in use at any time the same number of copies of the Software as the number of Licenses acquired. 

5. LIMITED WARRANTY
AOT warrants that, for a period of ninety (90) days from the date of delivery to You as evidenced by a copy of Your receipt, the CD or other media on which the Software is furnished ("Media") shall be free from defects in materials and workmanship under normal use and service. In the event such Media is proven to be defective, AOT's entire liability and Your sole and exclusive remedy shall be replacement of the Media not meeting AOT's Limited Warranty, provided that You return the Media to AOT with a copy of Your dated receipt. If failure of the Media has resulted from accident, abuse, or misapplication of the Software, then AOT shall have no obligation to replace the Media under this Limited Warranty. This warranty gives you specific legal rights and you may also have other rights that vary from jurisdiction to jurisdiction.  

6. DISCLAIMER OF WARRANTIES
The Software is provided "AS IS," without warranty of any kind, except as stated in Section 5. The entire risk as to the result and performance of the Software is assumed by You. Should the Software prove defective, You - (and not AOT or its licensors or suppliers) - assume the entire cost of all necessary servicing, repair, or correction. Further, AOT does not warrant, guarantee, or make any representations regarding the use of, or the result of the use of, the Software in terms of correctness, accuracy, reliability, currentness, or otherwise, and You rely on the Software and results solely at Your own risk. EXCEPT AS STATED IN SECTION 5, AOT AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  

7. LIMITATION OF LIABILITY
NEITHER AOT NOR ITS LICENSORS AND SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF AOT OR ITS LICENSORS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The above limitations or exclusions shall apply to the maximum extent permitted by applicable law.  

8. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that You have the right to enter into this Agreement, is a corporation duly organized and existing, and in good standing, under the laws of the country of Your incorporation, has the power and authority, corporate or otherwise, to execute and deliver this Agreement. You agree to indemnify and hold harmless AOT from any and all claims, losses, costs, liabilities, and expenses (including reasoanble attorney's fees), arising as a result of or in connection with Your breach of any of the representations and warranties set forth in this Section 8. 

9. TITLE
Title, ownership rights, and intellectual property rights in and to the Software shall remain in AOT and/or its licensors and suppliers. The Software is protected by copyright laws and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such content. Except as expressly provided herein, all right, title and interest in and to the Software remains with AOT and its licensors and suppliers. 

10. MAINTENANCE AND SUPPORT
You may purchase a separate Maintenance and Support Plan from AOT (by way of submitting the online order form found on www.go-online.no) or one of AOT's distributors or dealers. 

11. TERM AND TERMINATION
This License is effective until terminated. You may terminate it by destroying the Software and Documentation and all copies thereof. This License may also be terminated by AOT if You fail to comply with any term or condition of this Agreement, hereunder Your failure to pay the License Fee in full in a timely manner. Moreover, AOT may terminate this Agreement forthwith if You file a petition for bankruptcy, become insolvent, or make an assignment for the benefit of the creditors, or a receiver is appointed for You or Your business. You agree, upon such termination, to destroy all copies of the Software and Documentation. 

12. MISCELLANEOUS

(i) This Agreement, together with the Order Form, represent the complete agreement concerning the subject matter hereof and supersedes all prior agreements and representations between the parties. (ii) This Agreement may be amended only by a writing executed by both parties. (iii) If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and it shall not affect the enforceability of the remaining provisions herein. (iv) Nothing in this Agreement shall create, evidence or imply any agency, partnership or joint venture between the parties. Neither party shall act or describe itself as the agent of the other nor shall it repesent that it has any authority to make commitments on the other's behalf.(v) AOT shall have the right, at its own discretion and at any given time during the term of this Agreement, to asign all or a part of its rights and obligations under this Agreement to another company. (vi) This Agreement, its interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the Kingdom of Norway. Both parties hereby irrevocably submit any disputes under this Agreement to the jurisdiction of Stavanger Tingrett in Stavanger, Norway.  

Should You have any questions concerning this Agreement, please contact AOT in writing:

Active Online Technology AS
Professor Olav Hanssens vei 11 - P.O. Box 8034
N-4068 Stavanger, Norway