End User License Agreement
Last Updated: March, 2019
Please read this license carefully before using this software.
THIS END USER LICENSE AGREEMENT (“EULA”) is between AnsuR Technologies AS (“Licensor”, “we”, “us”, AnsuR”), a Norwegian registered company, located at Martin Linges Vei 25, 1364 Fornebu, Norway AND “you”, either on your own behalf or on behalf of a company or other entity as its authorized representative, (“Licensee”).
By using, downloading/installing or otherwise accessing this software, the licensee/ user agrees to be bound by this End User License Agreement (EULA), as updated from time to time.
This EULA will also govern any upgrade and/or supplement of this software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply. The Licensee is advised to uninstall this software immediately, if they disagree with any part of this EULA.
SOFTWARE COVERED UNDER THIS EULA
This EULA applies to your rights to use any Product or Software that is proprietary to the Licensor and/or its subsidiaries, or where the Licensor specifically identifies itself as the owner of such software, and to any updates, and/or supplements thereto.
These Licensed Products are for communication of visual contents and are not stand-alone software; They are meant for sending rapid and robust field input of visual data to a server or any other designated/authorized server. The functionality of this Product(s) is in conjunction with the designated server. The authorized/designated Server[s] is strictly determined by the Licensor. The Central Server may either be hosted by AnsuR or Self-hosted by the Customer.
For the purpose of this EULA, the Licensed Products shall include ASIGN and ASMIRA Mobile and Desktop Applications and the Central Server (if hosted by the Customer). If the Customer uses the Central Server hosted by AnsuR, the Terms and Conditions of Use shall be applicable for the access and use of the Service.
SCOPE AND USE OF THIS LICENSED PRODUCT(S)
Some of our Software is freely available for download on the Google Play store and Apple App store BUT the use of this Software in connection with the designated server is possible only after payment of necessary license or subscription fees.
You may use this Software solely for the purpose of running it in connection with authorized/designated Server[s]. You shall not damage, disable, overburden, or impair this Software or any server or networks connected to it.
To use the Mobile or Desktop Software, you must have a compatible mobile device or computer. We do not warrant that the Mobile or Desktop Software will be compatible with your device.
You cannot encourage, authorize or do the following to or with our Licensed Products and to any updates, and/or supplements thereto:
• modify, disassemble, decompile, or reverse engineer; or
• rent, lease, loan, resell, sublicense, distribute, or otherwise transfer to any third party without our written permission; or
• make any copies; or
• remove, circumvent, disable, damage, or otherwise interfere with security-related features that enforce limitations on use; or
• delete the copyright and other proprietary rights notices on it.
You shall use this Software in compliance with all applicable laws, like privacy laws and not for any unlawful purpose. In investigating whether there has been a breach of this agreement, you agree to cooperate by providing information requested by us and allowing our representatives access to the premises and devices where this Software are or have been used.
SCOPE AND USE OF LICENSE
We provide you with a revocable, nonexclusive, non-transferable, and limited license to use this Software in connection with a designated server. The assignment, sublicense, sale, or distribution of this Software by you without our prior written consent is strictly prohibited.
We retain sole title and ownership of all intellectual property rights relating to this Software and derivative works will be assigned to us.
You know and agree that upon payment of the subscription fee, the number of registered users of this Software is limited to the number of license(s) bought by you.
FEES AND PAYMENT
The use of this Software is allowed upon payment of requisite license fee. The License fee may be subject to upward review and such changes may be communicated to you before the end of the current subscription.
The License fee can be paid via Credit-Card, PayPal, Bank transfer or other agreed means. Failure to perform payment shall be construed as material breach of this EULA.
As a licensee, you understand and agree that during direct or indirect contact with us, you may obtain confidential information or materials which is proprietary to AnsuR (whether or not owned or developed by AnsuR) which is not generally known other than us, regardless of whether specifically identified as proprietary.
You agree to hold the confidential information in confidence and will not disclose same to any person or entity without our prior written consent. You shall disclose the confidential information only to your employees who are required to have same in order to perform their job duties with the limited purposes of this EULA. You agree to promptly advise us, if you become aware of any possible unauthorized disclosure or access/use of the Confidential information.
For the purpose of this EULA, the term “Confidential information” shall include but not limited to; source code and/or object code, trade secrets, computer programs and listings, financial information, pricing structures, technical data, business records and plans, product ideas, copyright and intellectual property and inventions.
THIRD PARTY SERVICES/PRODUCTS
You are responsible for ensuring that the Third party items and services (including hardware, software, internet connectivity and so on) with which you choose to operate this Software meets our requirements. You also agree that the use of such Third party items and/or services with this Software is not in violation of any licenses, terms and conditions, rules and/or regulations governing the use of such Third party items and/or services.
OPEN SOURCE SOFTWARE
This Software may incorporate or be provided with Open Source Software each of which has its own copyright and its own terms and conditions (Open Source Software Licenses”). To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.
LIMITATION OF LIABILITY
To the extent not prohibited under law, this Software is provided under “AS IS” basis. We shall never, and without any limitation (including in the event of negligence) be liable for any personal, consequential or incidental injury, business interruption, damages, loss of data or information, cost, or any form of payment whatsoever incurred by the user arising out of or related to the use or inability to use this Software. AnsuR is also not liable for any failure or bugs either or otherwise resulting from the interaction between this Software and your or any 3rd party’s end equipment, computers, other software, or services.
In the event of our liability arising as permitted under the law, we are strictly liable only to reimbursement of the purchase price of this Software in exchange for the return of the Software, software’s copies and all materials that constitute a transfer of license from you back to us.
YOU AGREE AND ACCEPT THAT NO SOFTWARE IS COMPLETELY WITHOUT ANY ERRORS, THEREFORE EXCEPT AS EXPRESSLY STATED IN WRITING, WE HEREBY MAKE NO WARRANTY OR REPRESENTATION IN RESPECT OF THIS SOFTWARE AND EXPRESSLY EXCLUDES ALL OTHER WARRANTIES INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Upon the occurrence of any of the event stated below, we may terminate this Agreement and use reasonable efforts to notify you by appropriate means if:
- There is a breach of any terms of this EULA.
- There is no renewal or replacement with the Software at the end of a trial time period.
- Failure to renew your subscription or stop paying applicable charges.
- We are required to do so by law.
Upon termination, all rights granted to you under this license shall cease and you agree to stop using, delete and uninstall this Software or copies made and all materials that constitute a transfer of license from you back to us. Any financial obligations incurred by you shall survive the expiration or termination of this license.
While termination may eventually include deletion of password and all related information, files and content associated with your account, however, subscribers in default of payment will initially experience reduced services for a period of time before their account is eventually blocked and deleted.
Any section of this EULA that; either explicitly or by its nature must remain in effect even after termination of this EULA, shall survive termination.
MODIFICATION OF EULA
We reserve the right to update, revise, supplement and modify any terms and conditions of this EULA from time to time. When we make material changes to this Agreement, we will provide you with notice as appropriate under the circumstances, e.g. by displaying a prominent notice, generating a pop-up or similar notification upon accessing this Software or sending a message to your email address after such changes are made. You are deemed to have agreed to the modified terms in the EULA by continuous use of this Software after notification is made. You should discontinue the use of and uninstall this Software if the modified EULA is not acceptable to you.
INDEMINITY AND DISPUTE RESOLUTION
To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any lawsuits, claims, losses, liability, cost or expenses arising from any claim including but not limited to your use of this Software in means that violate or breach this EULA or Licensor’s Intellectual property rights or title in this Software.
Any claim related to loss of using this service is limited upward to the cost of what is paid for the service. In order to control the cost of disputes you and we agree that for any legal or equitable claim arising out of or relating in any way to your use of our Software or for any matter concerning this EULA will be resolved informally after you have contacted us and sent us a statement at: email@example.com. If we cannot resolve this claim informally, any claim will be resolved at first by binding arbitration in Oslo, Norway. The arbitration shall be conducted in English and the tribunal shall consist of three (3) arbitrators.
GOVERNING LAW AND JURISDICTION
This EULA shall be governed by and construed under the laws of Norway, excluding any body of law governing conflicts of law. Class action or class arbitration is prohibited in respect of any claims or actions arising from this EULA.
For comments, questions or clarifications in respect to this Software or this EULA, contact us at:
AnsuR Technologies, Att: Legal Dept, Martin Linges Vei 25 1364, Norway, Email: firstname.lastname@example.org