Appendix 5 – END USER LICENCE

This appendix was last updated 2019-08-07

IMPORTANT – READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OR COPY THE PRODUCTS MADE AVAILABLE THROUGH THIS LICENCE. USE OF THE PRODUCTS MEANS THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENCE AND ANY CONTRACT OF WHICH THIS IS AN APPENDIX. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU CANNOT USE THE PRODUCT.

1. Licence

The End User Licence, together with any contract of which this is an appendix, forms the overall Sales and Delivery Terms and Conditions (The Contract). Conditional on payment of the agreed licence fees and compliance with the terms and conditions stated in this End User Licence and other sales and delivery terms and conditions (The Contract) Standard Online AS (”Standard Online”) provides a non-exclusive, non-transferable right of use to the product(s) (“The Product”) that is/are the subject of the Contract. Copyright to these products belongs to Standard Online or the license owner of the product in question.

The following limitations apply to the User Right:

a) The Contract does not entitle you to property right or other right to the Product but only to a limited right to use the Product in accordance with the provisions of the Contract. This User Right can be unilaterally withdrawn by Standard Online if you breach the terms and conditions of the Contract.

b) All rights to copying products and making them accessible to the public are reserved, unless such access follows directly from the Intellectual Property Rights Act or special agreement with Standard Online.

c) Unlawful use of the products will lead to liability to compensate and may be liable to prosecution.

d) You have the right to use the content of the Product delivered under this Contract regardless of the format in which the Product is delivered, but you do not have the right to adapt, modify, translate, compile, hire out or lease out, publish, sell or sub-license or in any other way transfer the Product in part or in its entirety to a third party. Neither may you remove or change any information on intellectual or property rights that are on the Product, or remove the water mark that indicates who has the right to use the content of the product.

e) If the Product is delivered in an electronic form or on an electronic platform, the product will be facilitated with Digital Rights Management (DRM). The right to store, copy the content and print out is limited. In principle, the Buyer cannot store or distribute the Product nor copy the content of a standard to text-processing systems, for example. Any exception to this is defined in the Contract Appendices that govern specific products, such as Appendix 3 to the Contract on Web Subscription, or in dedicated agreements on reproduction that must be drawn up specifically for the individual situation. 

Digital Rights Management (DRM) is a collective term for various technologies the purpose of which is so manage access to copyright protected information stored on or distributed using digital media.

 

f) You agree to and accept that the Product belongs to the Holder of the copyright stated on the Product (“Copyright Holder”), and that the Product is protected by Norwegian and international copyright laws. You also agree to and accept that all copyright and other intellectual rights for the Product belong to the Copyright Holder.

g) You are responsible for providing Standard Online, or the party authorised by Standard Online, with all the information necessary to meet the Contract. If you breach the Contract due to circumstances beyond your control, you undertake to cooperate with Standard Online to re-establish compliance with the Contract.

2. Limited Guarantee

a) Standard Online guarantees that Standard Online and the Copyright Holder unless otherwise stated in or on the Product can license the Product and all copyright and exploitation of the trade names that are associated with the Product.

b) This guarantee is the only guarantee given for the Product. Neither Standard Online nor the Copyright Holder give any other form of guarantee for the Product, its reliability, adequacy, use or for the information or purposes contained in or reflected in the Product. Standard Online and the Copyright Holder waive all expressed and inferred guarantees with regard to functionality and suitability for the intended use. This waiver cannot be limited by Standard Online, the Copyright Holder or their representatives.

3. Compensation Liability

Standard Online, the Copyright Holder and their representatives ("Compensation Eligible Parties") are not liable to you. You undertake to hold all Compensation Eligible Parties free from liability for all claims and costs (including costs associated with legal assistance) that can be referred to personal or material damage, product liability or other claims that are based on your or your employees’ or agents’ use of the Product.

4. Liability Limitation

a) You agree with and accept that the obligations that Standard Online and/or the Copyright Holder have towards you with regard to the Product, are regulated exclusively by this Licence Agreement in addition to any overarching delivery agreement such as a Contract for Web Subscription. You are liable for the consequences of use of the Product regardless of whether or not this use takes place in accordance with the provisions of the Contract. Even though Standard Online and/or the Copyright Holder may have been aware of the risk for this, neither Standard Online and/or the Copyright Holder are liable for indirect damage and costs or for direct damage that the company, its employees, agents or third party may be affected by.

b) If, in the opinion of Standard Online and/or the Copyright Holder, there is a risk that a claim can be submitted relating to the Product that is due to breach of a third party’s intellectual rights, Standard Online has the right at their own cost to: 

i. contribute to the right for you to continue to use the Product,

ii. change or replace the Product or parts thereof with another product in order to avoid such a claim, or

iii. stop your use of the Product and refund the licence fee that you have paid.

c) Standard Online is not liable for claims brought against you that could have been avoided if you had accepted a replacement product in accordance with the provisions above in Section 4 (b) or if use of the Product had been terminated. Under all circumstances, Standard Online and/or the Copyright Holder are liable for total compensation limited to an amount corresponding to the licence fee you have paid in accordance with this Licence agreement for the Product that was the cause of the damage.

d) Section 4(b) is a complete and comprehensive regulation of Standard Online and the Copyright Holder’s compensation liability with regard to breach of rights or alleged breach of rights through use of the Product.

e) Standard Online's liability under this agreement is limited under all circumstances to the fee you have paid or owe for the last six (6) months before the incident giving rise to liability occurred. 

5. Export

You do not have the right to export or re-export the Product or parts thereof, associated information or technology in contravention of current Norwegian and other applicable export laws.      

6. Access Limitation and Information Obligation

The Contract presupposes that it is ensured that only those who are entitled to use the Product in accordance with this Contract have access to the Product, and that all persons who use the Product are given information on the content and limitations on use pursuant to this Contract. 

7. Force majeure

If a situation should occur that makes it difficult or unreasonably burdensome for one party to fulfil its obligations under the agreement, the affected party shall be released from its obligations for as long as the situation continues, provided that the situation is deemed to be force majeure under Norwegian law. The affected party shall notify the other party of the circumstances without undue delay, including which obligations are affected and how long the situation is expected to continue.

Force majeure affecting sub-contractors of Standard Online will be deemed to be force majeure under this Licence Agreement.

8. Other Provisions

This Contract constitutes complete regulation of that which has been agreed between the Parties with regard to use of the Product. Changes to the Contract can only be implemented through separate signed amendments to this Contract. If a provision of the Contract should be declared invalid for any reason whatsoever, the Contract must be revised only to the extent necessary to make the Contract valid, and such revision shall (i) not affect the validity of the invalid section under other circumstances or (ii) affect other sections of the Contract. 

9. Termination and Managing the Product after Expiry of the Contract

You have the right to terminate the Contract in accordance with the regulations stated in Appendix 1 Definitions and General Contract Terms and Conditions. Standard Online and/or the Copyright Holder can rescind the Contract if you breach the Contract. If the Product is delivered in an electronic format or is made available as digital media, access will stop when the Contract ceases.  This does not apply to completed forms. They can be stored for the future in the Licensee’s own systems.  

10. Disputes

The legal venue is Oslo City Court.