END USER LICENCE AGREEMENT
Terms and Conditions
This Free-Trial Subscription Agreement (this “Agreement”) contains terms and conditions that govern your acquisition of subscriptions to, and use of, the Free-Trial Services (as defined below), and is a contract between Intelecy AS (NORWAY) corporation (“Intelecy”), and you or the entity or organization that you represent.
If you are an individual using the Free-Trial Services for your own purposes: (1) all references to “User” are to you and (2) you represent and warrant that you are at least 18 years of age, or have otherwise reached the age of “majority” where you reside, and that you have the right, power and authority to enter into this Agreement.
If you are using the Free-Trial Services on behalf of an entity or organization that you represent: (1) all references to “User” are to that entity or organization and (2) you represent and warrant that you are at least 18 years of age, or have otherwise reached the age of “majority” where you reside, and that you have the right, power and authority to enter into this Agreement on behalf of User.
This Agreement becomes binding and effective on Customer upon the earliest of: (1) when you access or use the Free-Trial Services, (2) when you click an “I Accept,” “Sign up” or similar button or check box referencing this Agreement.
The Trial License is limited in functionality and restricted to a predefined and existing dataset intended for Users to test some of the core functionality of Intelecy. For a Trial/Proof of Concept with Users own data, please get in touch with a sales representative at email@example.com
The User shall not distribute the Service, or any other software or documentation provided by Intelecy to the User hereunder, including any copy thereof (the “Company IP”), by transfer, assignment, lease, loan or any other means, or make it available for use by any third parties.
1 Trial License
The User is hereby granted a limited, revocable, non-exclusive, non-transferable and non-sublicensable right and license to use the Service in accordance with the Terms solely for User’s personal use during the term of this Agreement.
2 License fee
The Trial is free of charge
3 Term and termination
Unless otherwise specified, the initial term of the Agreement shall commence on the Effective Date and shall continue for a period of seven (7) days.
Intelecy may terminate this Agreement with immediate effect upon a material breach by User.
4 No warranty
The Service is provided on an “as is” basis and is used at User’s own risk.
Intelecy reserves the right to make improvements, add, modify or remove functionality, or correct any errors or defects in the Service at its sole discretion, without any obligation or liability resulting from such act or defects.
User acknowledges that the Service will not always be completely free of errors and that the improvement of the Service is a continuous process. However, Intelecy will do its outmost to maintain and uphold the level of the Service so the User experience a minimum of errors and downtime.
5 Use of the Service
User is responsible for all actions taken when using the Service. User undertakes to hold Intelecy harmless from any third party claims due to User’s use of the Service in breach of these Terms or in violation of applicable laws and regulations.
The Service is a free trial and is a shared resource between Users evaluating Intelecy. The Users are anonymized with a random generated username and not identifiable with their real name, company, or other identifying information.
6 Limitation of liability
Intelecy shall not be liable under or in connection with this Agreement for any loss of profit, goodwill, business opportunity of any kind, loss of use, loss of time, loss of material, inconvenience, or any indirect or consequential loss or damage of any kind, whether or not the other party has been advised of the possibility of such damages, and whether under law, equity or other agreement.
8 Intellectual Property Rights
Subject to the limited rights expressly granted in these Terms, the contractual relationship between Intelecy and User does not constitute a transfer of any intellectual property rights from Intelecy to User. Intelecy retains title and ownership of all intellectual property rights and know-how related to the Service, including the present and all future versions thereof. User is responsible for ensuring that its use of the Service is in compliance with Intelecy’s intellectual property rights.
The User has no right to e.g. sell, lend, sub-license, distribute in any way (free of charge or for consideration), create derivative works of, copy, frame, access or try to get access to the source code of, mirror or reverse engineer any part or feature of the Service, including but not limited to all underlying intellectual property rights and/or know-how. The User may not in any way modify, decompile, disassemble or reverse engineer the Services.
User may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to Intelecy with respect to the Service or other Intelecy IP. Intelecy shall in its sole discretion determine whether or not to proceed with the development of such Feedback. By giving its Feedback the User acknowledges that Intelecy is given sole ownership of the Feedback, and that no sums are payable by Intelecy for such Feedback, neither at the date of the Feedback, nor in the future.
9 Force Majeure
Intelecy shall not be liable towards the User for delayed or non-performance of its obligations pursuant to this Agreement, in whole or in part, as a result of a cause beyond its reasonable control and without its fault or negligence, including, but not limited to, governmental regulations, strikes, lockout, export or import restrictions, acts of God, acts of war, epidemics, fire, communication line failures, power failures, earthquakes, floods, blizzard, or other natural disasters (a “Force Majeure Event”). Delays in performing obligations due to a Force Majeure Event shall automatically extend the deadline for performing such obligations for a period equal to the duration of such Force Majeure Event.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect, and the remaining provisions of these Terms will still be enforceable.
11 Entire agreement
This Agreement constitutes the entire agreement between the parties. This Agreement has priority over any other terms, discussions, understandings and agreements between the parties, related to the Service.
12 Governing law and Dispute resolution
This Agreement shall be governed by and construed in accordance with the laws of Norway. Any dispute arising out of or in connection with this Agreement, which is not solved amicably, shall be submitted to the exclusive jurisdiction of Oslo District Court, Norway.