End-User License Agreement for GLview Inova and Ceetron Analyzer
Last updated: 12 Dec. 2018
This end user license agreement (“the Agreement”) sets out the standard terms governing your access to and use of either of the software products GLview Inova and Ceetron Analyzer, as applicable, (“the Software”), according to your purchase from Ceetron AS, org. no. 912849430, (“Ceetron”).
By clicking the “I agree” button in this Agreement, you accept to enter into a legally binding agreement with Ceetron regarding your access to and use of the Software.
2. Description of the Software
The Software is provided on an “as is” basis according to the available Software descriptions from Ceetron at any time, and you acknowledge that Ceetron may make changes to the functionality of the Software in future releases from time to time. You will be notified of any significant changes.
3. End-User License
Different types of user licenses (as set out below) apply depending on the selected subscription model you chose when you purchased the Software. The applicable license type according to your purchase details applies to your use of the Software under the Agreement.
For all license types, Ceetron grants you a non-exclusive, non-transferable right to use the Software solely in accordance with this Agreement, the User Manual and any accompanying written documentation from Ceetron. To the extent the license is allocated to one or several named persons in your organization, the license shall only be utilized by such named person(s). If you install the Software on a network or any computer configuration which permits more than one user to have access to the Software, then you must acquire a separate license for each additional user, so that you have licenses for each named user who will be accessing the Software.
In all events, you may not:
(a) distribute copies of the Software, the User Manual or any accompanying written documentation to any third party;
(b) modify, reverse assemble, reverse compile or transfer, or use or copy otherwise than as expressly set out in this Agreement, the Software, the User Manual or any accompanying written documentation, without the prior written consent of Ceetron.
The commercial license allows for your own commercial use of the Software in accordance with this Agreement. The commercial license shall only be utilized by such named persons which have been allocated their separate license keys from Ceetron.
The academic license shall only be utilized for non-commercial use for educational purposes within your academic institution as approved by Ceetron. The academic license shall only be utilized by such named persons connected to your organization which have been allocated their separate license keys from Ceetron.
The evaluation license shall only be utilized for non-commercial use for the purpose of evaluating the Product, solely for the evaluation term as approved by Ceetron. The evaluation license shall only be utilized by such named persons which have been allocated their separate license keys from Ceetron. No warranties or rights to corrective maintenance or new releases as set out in this Agreement apply to your use of the Software under the evaluation license.
The Software and the accompanying written materials are copyrighted by Ceetron or its licensors, as applicable. You are granted a limited license, for the term of the Agreement only, to use the Software solely in the manner and for the purposes as contemplated in this Agreement.
You may not copy the Software or the accompanying written materials, except that you may make one copy of the Software solely for back-up purposes, and you may load the Software into a computer for executing the Software program. Any such copies must reproduce and include the copyright notice. Any other copying of the Software or its accompanying written materials is expressly prohibited.
5. Limited Warranty
Ceetron warrants, for the term of the Agreement;
(a) that the Software will perform substantially as described in the User Manual and other accompanying written materials supplied to you by Ceetron.
Ceetron does not warrant that the Software will be free from errors or defects at any time. Ceetron shall not be responsible for any failure of Software, or any component thereof, and the foregoing warranty shall not apply if such failure is attributable to;
(a) use of Software with equipment or software not furnished or authorized by Ceetron;
(b) modification, change, or alteration by anyone other than Ceetron, unless at the written direction of Ceetron;
(c) acts, errors or omissions of you, your employees, your contractors or any third party.
Ceetron hereby expressly disclaims and excludes any other warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Ceetron makes no warranties or representations of any kind with respect to the accuracy and/or usefulness of the results or solutions obtained through the use of the Software. Neither Ceetron nor any of its agents, employees or distributors shall be liable for any direct, indirect, consequential or incidental damages (including, without limitation, damages for loss of business profits, business interruption or loss of business information) arising from the use or inability to use the Software.
6. Corrective Maintenance
If you detect any error or defect in the Software, this should be reported to Ceetron by email to email@example.com with an adequate description of the relevant error or defect. Ceetron will make reasonable efforts to correct the error or defect in question. If applicable, a corrected version will be made available as a new release of the Software, as described below.
7. New Releases
Ceetron may at its own discretion make available new releases of the Software from time to time. You will have the option to download and start using the new release of the Software.
New releases will contain all defect corrections existing as of the date of the release, together with any new enhancements, features, improvements, upgrades and modifications affecting the Software. Ceetron will with each release include a summary of all changes made to the Software with the associated documentation.
8. Software Support
In the event that you have any technical questions or enquiries related to your use of the Software, Ceetron will provide reasonable technical support via e-mail. Support enquiries can be sent by email to firstname.lastname@example.org.
9. Data Used in Relation to the Software
You and/or applicable third parties retain all rights to the underlying data that you use and store in relation to the Software. You are fully responsible for the underlying data that you use and store in relation to the Software, including for ensuring adequate back-up copies. Ceetron will not have any access or license to your underlying data in relation to your use of the Software.
10. Fees and Payment
The applicable fees and payment plan you accepted when you ordered the Software apply to your use of the Software.
The fixed fees will be charged in advance. Payment must be made by use of any of the standard payment solutions offered by Ceetron at any time.
11. Term and Termination
The Agreement commences upon your electronic acceptance of these terms and conditions and lasts for the applicable subscription term according to your purchase with Ceetron.
Ceetron also has the right to terminate the Agreement with immediate effect upon written notice to you in the event of your material breach of the Agreement. In such events, no prepaid fees will be refunded.
Upon termination of the Agreement, your use of the Software shall cease with immediate effect. Your applicable license keys will be deleted and you shall promptly delete all installations of the Software, the User Manual and any accompanying written materials.
12. Changes to the Agreement
Ceetron may change the terms of the Agreement upon 90 days’ prior written notice by email.
If you do not accept the change in question, you may use your right to terminate the Agreement in accordance with the terms herein.
13. Exclusive Remedies
In the event of any breach by Ceetron of any its obligations under this Agreement, including any of the foregoing warranty obligations, Ceetron’s entire liability, and your exclusive remedy, shall be, at Ceetron’s option: (a) providing a corrected copy of the Software, User Manual or accompanying materials, as the case may be; or (b) a refund of the license fee paid to Ceetron.
You will indemnify Ceetron from any claim that a third party raises against Ceetron or Ceetron’s sub-suppliers on the basis that your use of the Software infringes a third party’s intellectual property rights, provided that such claim is not attributable to circumstances for which Ceetron is responsible. Ceetron will in such event notify you about the claim in question, giving you full information about the claim. Ceetron may demand that you, at your own cost, handle the defense of the claim yourself, or that you provide Ceetron with reasonable assistance in its defense of the claim, according to Ceetron’s choice. In no event shall you enter into a settlement agreement or discuss settlement talks with the opposite party without a prior agreement with Ceetron.
14. Choice of Law and Jurisdiction
This Agreement is governed by Norwegian law. Oslo City Court is the agreed legal venue.
You acknowledge that you have read this Agreement and are bound by its terms, that this Agreement is the complete and exclusive agreement of the parties hereto, and that it supersedes any and all prior communications, proposals, representations and agreements, oral or written.
All notices and questions pertaining to this Agreement, the Software or the User Manual must be directed to Ceetron at:
Tel: +47 73 54 61 50