General terms for NORNER BARRIER CALCULATOR, an internet based calculator provided by Norner AS, Asdalstrand 291, N-3962 Stathelle, Norway (Norner).
1. The Agreement
These general terms together with Norner’s written confirmation of the Subscriber’s subscription to NORNER BARRIER CALCULATOR forms the Agreement between the Parties and the terms for Subscriber’s access to NORNER BARRIER CALCULATOR with log in on URL www.barrier.norner.no. Subscriber is referred to as Customer in the following.
2. Customer’s rights and obligations
Customer shall upon subscription register such information required by Norner in order to make safe identification of the Customer, its address and business.
Customer representative(s) will receive username/password necessary to log on to NORNER BARRIER CALCULATOR. The Customer shall keep the password confidential and agrees to follow normal data security standards. Customer shall notify Norner without delay if password is lost, stolen or in the hands of unauthorised users.
Customer has the sole responsibility to provide all equipment, infrastructure and services necessary for Customer’s access to NORNER BARRIER CALCULATOR.
Customer is granted a non-exclusive, non-transferrable access to NORNER BARRIER CALCULATOR for internal use within its business. Customer agrees not to use NORNER BARRIER CALCULATOR for any other purpose than authorised in this Agreement. Under no circumstances is Customer allowed to transfer, distribute or sell any data or sub-license its rights hereunder to third parties, even if such third parties are related to Customer.
Customer is liable for paying subscription fee when due and to comply with all terms in this Agreement.
Customer accepts that Norner is the sole owner of all data in NORNER BARRIER CALCULATOR The grant hereunder does not transfer any right to the data from Norner to the Customer, nor does it transfer any right to software or hardware used by Norner to provide the services of NORNER BARRIER CALCULATOR.
Customers accepts receiving information from Norner regarding NORNER BARRIER CALCULATOR on Customer representative’s email, such email address to be updated.
3. Subscription fee – payment
Subscription fees will be paid monthly. Paid subscription fees are non-refundable.
Subscription fee may be subject for increases by 1 Jan every year. Norner shall inform Customers either on the Norner web-site or by email of such increase by 15 November each year.
4. Term, Termination and Renewal
The term of this Agreement is one calendar month from subscription.
Thereafter the term is automatically renewed for 1 –one- calendar month unless one of the Parties in writing or by using the “Cancel subscription” function on www.barrier.norner.no terminate the subscription.
5. Termination due to breach of Agreement. Norner may close Customers access to NORNER BARRIER CALCULATOR immediately and terminate this Agreement by written notice if Customer:
a) Does not pay subscription fee more than 14 days after due date
b) Infringe any immaterial right of Norner or third party related to Customers use of NORNER BARRIER CALCULATOR or
c) Breaches any term in this Agreement.
6. Close down
Norner may choose to close down the NORNER BARRIER CALCULATOR services during the term, provided Norner repays to Customer the proportional part of paid Subscription fee from close down to end of term.
7. Effects of termination
Upon termination of this Agreement, regardless of cause, all rights granted Customer, including access to SYBIL, shall cease. The termination does not affect any liability or obligation of a party which is accrued prior to termination.
The following clauses shall survive any termination of this Agreement: Clause 8,10,11,12.
8. IP rights
The content on NORNER BARRIER CALCULATOR, excluded software and data provided by 3rd parties, is owned by Norner and protected by copyrights or patent rights under Norwegian law and International conventions and cannot be used, copied, reproduced or published or used for any other purpose than the limited rights herein, without the prior written consent from Norner.
9. Limited warranties
During the term of the Agreement, Norner shall make reasonable efforts to keep NORNER BARRIER CALCULATOR updated and accessible for Customer, and to extend the product range of NORNER BARRIER CALCULATOR. However NORNER BARRIER CALCULATOR will be under regular maintenance and update and therefore inaccessible or have reduced access from time to time according to plan. Also unplanned inaccessibility or reduced access may occur due to necessary maintenance and update, force majeure, technical problems, including software and hardware problems, problems with technical infrastructure or communication infrastructure. Norner does not assume any liability or warranty for such inaccessibility or reduced access.
Norner does not undertake any warranty with respect to the quality of the data accessible through NORNER BARRIER CALCULATOR, or the Customer’s benefit from NORNER BARRIER CALCULATOR.
Customer shall indemnify and hold Norner, its representatives, licensees and suppliers, harmless for any claim or loss, including legal fees, arising from Customer’s use of NORNER BARRIER CALCULATOR or the data therein.
11. Limited liability
Norner is liable for Customer’s direct damage or direct loss caused by gross negligence or wilful misconduct of Norner’s obligations hereunder. The liability is limited up to one year subscription fee. Under no circumstances is Norner liable for indirect loss or indirect damage.
This Agreement is subject to Norwegian Law and the Parties submit to Nedre Telemark Court for any dispute related to this Agreement.