User Agreements CORP-ORB-001.1
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1 Introduction
Corporater AS is a company established and operating under the laws of Norway with reg. no. 981 970 160 and address Hillevågsveien 24, 4016 Stavanger, Norway ( “Corporater”).
Corporater provides a software platform for GPRC solutions, which is distributed to end customers both directly from Corporater (or its subsidiaries) and through partners.
To complement Corporater’s software business, Corporater has created this online platform referred to as Orbit where Corporater can share resources (the “Platform”).
You have been offered access to the Platform on the condition that you accept these user terms and conditions (the “User Agreement”). By clicking accept and using the Platform, you confirm that you accept this User Agreement and that you agree to comply with its terms and conditions regarding your use of the Platform. If you do not agree to the terms and conditions of the User Agreement, you must not use the Platform. We recommend that you print a copy of these terms for future reference.
Corporater and you are hereinafter referred to jointly as the “Parties” to this User Agreement. The User Agreement only applies for the use of the Platform and entering into this User Agreement shall not be deemed to amend or have any other effects on other agreements entered by you and Corporater (or its subsidiaries) in the past or in the future.
The purpose of this User Agreement is to state the terms of use governing your access to the Platform and the information and resources within it. Any use of the Platform is subject to your compliance of this User Agreement. You may have been invited to the Platform via a third-party, but your access to the Platform is still subject to this User Agreement.
We amend the User Agreement from time to time. Every time you wish to use the Platform, please check the User Agreement to ensure you understand the terms that apply at that time
2 Platform content
The Platform contains resources and information relevant for the sale of Corporater’s software solutions and services. the Content will be amended, changed, removed and added to from time to time by Corporater in its sole discretion. All such information, resources, documents, presentations and other materials which from time to time is made available on the Platform is hereinafter collectively referred to as “Content”.
3 Grant of access to the platform
Subject to your acceptance of this User Agreement, Corporater grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to use the Platform in accordance with the User Agreement.
The right to use the Platform covers access to the Platform on an ‘as is’ basis. The functionality of the Platform is subject to change at any time at Corporater’s discretion.
Your account shall be used solely by you and you shall not share it with anyone else. You must keep your login details safe. You shall not publish or otherwise make the Platform available to others, or rent, lease or lend the Platform as such to others without the Corporater’s prior written consent.
The access is restricted to normal business use of the Platform related to your direct or indirect business with Corporater that does not adversely affect the Platform, Corporater or other users’ use of or access to the Platform. You shall not to use the Platform in any way that could harm it or Corporater, or to impair the use of the Platform by any other user.
Nothing in this Agreement shall limit in any way Corporater’s right to develop, use, license, create derivative works of, or otherwise exploit the Platform, or to permit third parties to do so. You shall not modify, delete or obscure any notices of proprietary rights or any identification or restrictions on or in the Platform. You shall under no circumstances attempt to reverse engineer and/or decompile or disassemble the Platform or the Content therein.
4 Grant of user rights to the content
By using the Platform and accepting this User Agreement, you are also granted a right to use all Content as set out herein. For as long as you accept this User Agreement, you are free to use all Content within the limits of this User Agreement, including by way of downloading, amending and making Content available to the public.
The user right to Content as set out in this Clause 4 shall always be limited to use related either to the sale of Corporater’s software solutions and services, as these appear from time to time, or an end customer’s use of Corporater’s products and services (the “Permitted Purpose”). Any use of the Content for any other purpose than the Permitted Purpose is not included in the user license and forbidden by this User Agreement.
Use of the Content which relates to selling products and/or services competing with those of the Corporater shall be explicitly excluded from the Permitted Purpose. The same shall apply for any use of the Content in a way which in other ways may harm or cause damage to Corporater, its business, reputation, market standing, or in any other way.
Corporater will in its sole discretion decide whether a specific use of Content is within the Permitted Purpose or not. If you are in doubt, you should therefore ask your representative with Corporater to clarify whether your use of the Content is within the Permitted Purpose or not.
The user rights to Content provided herein are meant to empower you to either sell or use Corporater’s products and services as they exist from time to time, and on such terms applicable between Corporater (or one if its subsidiaries) and its partners and end customers from time to time. Corporater will not accept any liability whatsoever for promises made by you to your customers in relation to sales of products and/or services, and which deviates from the actual features of the Corporater software solutions and services and the actual terms of the agreements applicable for such products and services.
5 Confidential content
All content made available to you on the Platform for the purpose of this User Agreement shall be deemed confidential. The use of confidential Content shall be subject to the following limitations of use:
- Bulks of information made available as confidential Content (e.g. databases of Q&A, aggregated information about the Corporater’s market insights, market databases etc) may not be downloaded, made available or used as a bulk, but parts of such databases may be used for the Permitted Purpose;
- Confidential Content may not in any way be presented or in other ways made available to the public, but may be presented to third parties which have undertaken a legally binding obligation, enforceable by Corporater, to treat such confidential Content within the limitations set out herein;
- No confidential information may be made available to any third party in a way which enables such third party to identify security holes in the Corporater’s products and/or services, or which may contain sufficient information to enable such third party to reverse engineer the products and/or services of the Corporater; and
You shall bear full responsibility for all use of confidential Content by you or because of you. If you are in doubt on how a specific piece of confidential Information may be used, please contact your contact person with Corporater.
7 Term of agreement
The access and user rights granted to the Platform and Content under the User Agreement is running until terminated by either Party as described below.
Corporater may terminate your access to the Platform without cause, at any time with or without notice. Notice of termination of access to the Platform by Corporater is sent to the contact e-mail associated with your account. You may terminate your account at any time upon your own discretion.
At the request of Corporater, you shall delete all versions of the Content which you have available, unless you can document that deleting such copies of the Content will cause you unreasonable harm due to breach of contract or law. Copies of Content stored in back-up on remote servers must not be deleted but may not in any way be used for any purpose at all after termination other than as part of documentation in case of an audit.
Corporater does not guarantee that any information uploaded by you to the Platform is stored after termination.
8 Information and data security
Corporater is dedicated to take reasonable and adequate measures to protect your information and data, but Corporater gives no warranties concerning the safety and security of the information and data provided in the Platform. Corporater is not responsible for any information or data that may be lost or unrecoverable. To the extent you have important information in the Platform you should always keep back-up.
9 Privacy
Corporater is committed in protecting the privacy of users of the Platform. Both Corporater and you must comply with all applicable privacy laws in relation to the Platform and use of any Content.
10 Intellectual property rights
All worldwide intellectual property rights (including but not limited to rights associated with works of authorship, copyrights, copyright applications, copyright registrations, trademarks and substantially similar rights) in and related to the Platform and all Content are, and shall remain, owned solely, exclusively and in its entirety by Corporater. Nothing in this Agreement shall be held or interpreted as transferring any such proprietary rights to you.
11 No warranties
All services, including the Platform and the Content, supplied by Corporater are provided ‘as is’ and may have errors and omissions. Corporater makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Corporater does not warrant or make any representations concerning the accuracy, likely results, security, availability or reliability of the use of the Platform or any parts of the Content. Corporater does not warrant that any or all failures, defects or errors will be corrected, or warrant that the functions contained in the services will meet your requirements or needs.
Corporater will use reasonable endeavours to ensure that the Content is up to date, and that the Content contains correct and relevant information. However, all use of the Content is at your own risk, and Corporater makes no representation or warranty of, and will not accept any liability for, the completeness or correctness of any of the Content.
12 Corporater´s right to change the User Agreement
Corporater may at any time, with or without notice, modify the User Agreement. Such modifications shall be published on the Platform. If you do not accept the changes, you are entitled to end your use of the Platform.
13 Limitations of liability
IN NO EVENT SHALL CORPORATER BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST REVENUE, LOST BUSINESS OPPORTUNITY OR LOST SAVINGS, AND IN ALL EVENTS SHALL CORPORATER’S LIABILITY FOR DAMAGES RELATED TO THIS AGREEMENT BE LIMITED TO USD$ 1000. THIS SHALL APPLY WHETHER IN CONTRACT, TORT OR OTHERWISE AT LAW, AND NOTWITHSTANDING ANTYHING TO THE CONTRARY ELSEWHERE IN THE USER AGREEMENT.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
14 Governing law and dispute resolution
This Agreement shall be governed and construed in accordance with the laws of Norway.
Any dispute between the Parties that may arise in connection with, or as a result of the User Agreement and which cannot be settled by mutual agreement shall be settled by proceedings before Stavanger District Court (NO: Stavanger tingrett).
15 Notices
All notices to Corporater to be given under this Agreement shall be in writing and shall be delivered by electronic mail to legal@corporater.com.
Information from Corporater to you shall be in writing and shall be delivered by electronic mail to your registered account. It is your responsibility to ensure that the e-mail address in your account is correct.
All notices, demands or other communication given by a Party to the other shall be deemed to have been duly given when made in writing and sent to the registered e-mail address