End User Agreement for Norman's Programs and Services

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Norman Safeground AS


End User License Agreement and Service Terms

Content

  1. Introductory Provisions
  2. Term and Termination
  3. Intellectual Property Rights
  4. The Norman Products
  5. Payment
  6. Confidentiality
  7. Norman's Responsibilities
  8. Liability
  9. Indemnity
  10. Force Majeure
  11. General Provisions

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1. Introductory Provisions

1.1 Definitions

"Agreement" means this document, and includes the Norman Support and Maintenance documents, the Norman Privacy Policy and any service specific terms as in force from time to time, that may apply to the Norman Products licensed or bought by You.

"Norman" means Norman Safeground AS, a Norwegian limited liability company.

"Norman Products" means Norman's Software and Services.

"Services" means any deliverables from Norman to You other than Software.

"Software" means any computer software owned by Norman or its licensors and licensed by You under this Agreement, as well as any accompanying documentation.

"You" or "Your" means the natural person or legal entity using a Norman Product through an agreement with Norman or a Norman representative, such as a reseller, partner or agent.

"Consumer" means a natural person whose use of the Norman Products is for private purposes and not for business or trade.

1.2 Acceptance and Use

This Agreement will be deemed read, understood and accepted when You install or use the Norman Product in any way or when you select an “I Accept”, “OK” or “Yes” button or box prior to download and installation of a Norman Product.

This Agreement applies to the use of all of Norman's Products. As the Norman Products consist of both Software and Services, additional product specific terms may apply. Norman Products are distributed both directly from Norman and through Norman authorized resellers or partners. This Agreement is binding upon You irrespective of whether You have licensed Norman Products through Norman or any resellers or partners.

1.3 Important Notice To Consumers

Unless otherwise specified herein, this Agreement is binding upon Consumers in its entirety. However, nothing in this Agreement shall be construed to reduce any rights You may have under existing Consumer protection legislation or other applicable laws in Your jurisdiction that may not be limited or waived by contract.

If You are a Consumer You have a statutory right to cancel the Agreement under the applicable cooling-off statutes as in force from time to time.

1.4 Product Registration

For some of the Norman Products You may be required to create a personal Norman account. You may register an account by following the instructions on the Norman website or other instructions prompted to You. You are responsible for providing and maintaining accurate personal information, and for safeguarding Your account information. We encourage You to use strong passwords (passwords that use a combination of upper and lower case letters and numbers) to protect the privacy of Your account. You must use a valid e-mail address, and Norman reserves the right to verify this at any time. You are not allowed to have more than one account per e-mail address. Norman will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

1.5 Changes

The Norman Products and this Agreement are subject to improvement and changes from time to time.

We will publish any amended Agreement on the Norman website. Material changes will in addition be notified to You in an appropriate manner. The amendments will enter into force when published on the Website or otherwise communicated to You. Your continued use of the Norman Products after such publication or notification is considered as an acceptance of the amended Agreement.

If You do not wish to continue using a Norman Product subsequent to a change, Your sole and exclusive remedy shall be to terminate the Agreement subject to clause 2.2 below.

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2. Term and Termination

2.1 Term

If You have purchased a Norman Product that shall be renewed automatically, the Agreement will be renewed automatically for all Norman Products purchased, including all licenses for Software and Services, for additional 12 month periods until it is terminated.

2.2 Termination for Convenience

Either of the parties hereto can terminate the Agreement with one month's written notice prior to the expiry of the current Agreement period. When timely notice is sent, the Agreement shall come to an end at the end of the current Agreement period. If a notice is received after the deadline, it will first come into effect from the end of the following Agreement period.

2.3 Termination for Cause

Either of the parties hereto can terminate the Agreement for material default, if the other party has not been able to remedy the material default one month after a written termination notice has been received.

2.4 Cancellation by Consumer

A Consumer has the right to cancel this Agreement for convenience within 14 calendar days after the Consumer receives the Norman Product, provided that:

  • The agreement was entered into (i) outside the fixed sales outlets of Norman or Norman's resellers or partners, or (ii) via remote communication (including, however not limited to, the internet and telephone); and
  • The Customer has otherwise followed all the conditions for being able to exercise its right of cancellation as this applies under applicable cooling-off legislation (in Norway: "Angrerettsloven").

For the purchase of Services, You consent to Norman commencing delivery before any cooling-off period expires. If cooling-off rights are exercised, You agree to pay for the service which has been carried out.

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3. Intellectual Property Rights

Norman owns or holds a license to any and all copyrights and any other intellectual property rights in the Norman Products. Such rights are protected by copyright law and other applicable legislation in the country of Your domicile and in other countries. Infringement of Norman or its licensors' intellectual property rights may lead to civil and criminal liability.

Norman Software is licensed to You, not sold. Nothing in this Agreement constitutes a sale or transfer of intellectual property rights. This Agreement only gives You limited rights to use the Norman Product. Norman and its licensors reserve all other rights as may lawfully be reserved.

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4. The Norman Products

4.1 Software License

Subject to the terms of this Agreement, Norman grants you a time-limited, non-exclusive, non-transferrable, non-sublicenseable licence to use the Software in object code form solely for Your internal business purposes.

You may not reverse engineer, de/recompile, disassemble, create derivative works of, modify, translate, or make any attempt to reconstruct or to discover the source code for Norman Software or underlying ideas, algorithms, file formats, programming or interoperability interfaces unless expressly permitted under mandatory law. You may not permit third parties to benefit from the use or functionality of a Norman Product. You may not remove any proprietary notices or labels on Norman Products. All rights not expressly set forth hereunder are reserved by Norman.

You are responsible for the acts and omission of Your affiliates, subcontractors, agents and consultants with respect to their use of the Software and this Agreement, and all such acts or omissions shall be deemed acts or omissions on Your part.

4.2 Third Party Software

Notwithstanding anything to the contrary contained herein, third party software products may be part of a Norman Product, and may be subject to end user licence agreements separately issued by those third party suppliers. In such cases, this Agreement does not grant You any rights to use such third party software. Your use of such third party software is subject to the terms and conditions of the end user licence agreement accompanying that software. Unless otherwise stated in specific service terms, third party software licensed to You through Norman is licensed only for use in connection with the Norman Products.

Some Norman Products may contain open source software. Such open source software license terms can be accessed here: Third Party License Agreements

4.3 Support and Maintenance

Norman will provide support and maintenance of Norman Products in accordance with its support and maintenance policies applicable to the relevant Norman Product and as in force from time to time.

Unless otherwise stated elsewhere, assistance at Your premises is considered consultancy services and will be invoiced in accordance with the applicable rates for consultancy services as in force from time to time.

Maintenance services run for a period of one to three years from the purchase date, depending on the Norman Product You use. The maintenance services will then be renewed for additional 12 month periods unless it is terminated in accordance with the provisions in section 2.2 above.

An updated version of the Norman maintenance and support policies can be accessed here: Maintenance and Support Policy

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5. Payment

5.1 License and Service Fees

You agree to pay Norman (or the Norman reseller or partner with which You have ordered Norman Products) the Norman Product fees applicable to the Norman Products purchased by You. You will pay all VAT, sales, use, excise and other similar taxes payable as a result of this Agreement.

5.2 Support and Maintenance Fees

You agree to pay Norman (or the Norman reseller or partner with which You have ordered Norman Products) the agreed maintenance and support fees, if applicable. Payment of the maintenance and support fees entitles You to receive the maintenance and support described in the Maintenance and Support Policies as in force from time to time, cf. section 4 above.

5.3 Late Payment

We may withhold the delivery or provision of any Norman Product if any fee a Norman Product remains unpaid beyond the due date, without any liability for any inconvenience, loss or damage arising therefrom and without prejudice to Your obligation to make such payment (which shall continue to apply) or to any other rights and remedies we may have for Your late or non-payment of such fees.

You will be responsible for late payment interest in accordance with applicable law (in Norway: "Forsinkelsesrenteloven").

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6. Confidentiality

You acknowledge that, if as a result of Your use of a Norman Product, You may obtain access to information relating to Norman or the Norman Products, including, but not limited to, any source code, technology, know-how, ideas, algorithms, testing procedures, structure, interfaces, specifications, documentation, bugs, problem reports, analysis and performance information, and other technical, business, product, and data (“Confidential Information”). You shall not disclose Confidential Information to any third party or use Confidential Information for any purpose other than the use of the Norman Products as licensed under this Agreement.

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7. Norman's Responsibilities

7.1 Limited Warrranty

The Norman Products are delivered "as is". Norman does not warrant that the delivery of Norman Products will be uninterrupted or error free or that the errors will be corrected. Norman does not warrant that the Norman Product will meet Your requirements.

The Norman Products are not fault-tolerant and are not designed or intended for use in any hazardous environment requiring fail-safe performance or operation. The Norman Products are not for use in the operation of aircraft navigation, nuclear facilities, or communication systems, weapon systems, direct or indirect life-support systems, air traffic control, or any application or installation where failure could result in death, severe physical injury or property damage.

In the event of errors in a Norman Product for which Norman is liable to You under the Agreement, Norman may supply a corrected version of the Norman Product to You at no extra cost. Norman can instead at its discretion choose to refund the purchase price.

In the event You discover an error in a Norman Product, You shall provide written notice within a reasonable period of time after You became or should have become aware of the circumstances that form the basis for the claim. If You do not provide such notice, You shall lose Your right to assert remedy for breach. Remedies for breach require that Your license is valid.

You do not have any remedies for warranty breach against Norman other than those expressly stated in this section. To the fullest extent permitted by law, Norman and its licensors exclude all other express or implied terms, conditions or warranties regarding the Norman Products, including any implied terms of fitness for a particular purpose.

Nothing in this section 7.1 shall limit Your rights as a Consumer pursuant to applicable mandatory law.

7.2 Personal Data and Use of Cookies

In connection with Your use of the Norman Products, Norman may collect and process personal data about You or Your employees. Norman's Privacy Policy as amended from time to time is available on the Website. By using the Norman Products, You agree that Norman can use Your personal data in accordance with our Privacy Policy.

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8. Liability

Norman (including, but not limited to, affiliated companies, licensors, resellers, partners and their contractors, officers, directors and employees) shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits, loss or corruption of data, loss of business opportunities, or loss of access to the Norman Products. Norman's total liability shall in no event exceed the amount paid by You for the Norman product that caused the liability during the last 12 months prior to the incident.

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9. Indemnity

You agree to indemnify, defend and hold harmless Norman (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) and its partners and licensors from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from Your misuse of the Norman Products in breach of this Agreement or applicable laws.

Norman reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall cooperate in good faith with Norman in asserting any available defenses.

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10. Force Majeure

Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labour disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.

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11. General Provisions

11.1 Assignment

You may not license, sublicense, assign, sell, rent, lease, or otherwise transfer the Software or this Agreement without Norman's prior written consent. Notwithstanding the foregoing, You may, without our consent, (a) assign this Agreement to an affiliate, provided You remain liable for such entity’s performance; and (b) assign all, but not part, of the Software and this Agreement to another entity pursuant to a merger, consolidation or acquisition of all or substantially all of Your assets; provided that in each case You notify us of the assignment in writing and the assignee agrees to be bound by this Agreement. Any assignment right in this section does not include any third party software licensed from Norman under a separate third party license agreement. Such assignment shall be governed by the terms of that third party agreement. We agree to make reasonable efforts to obtain such consent upon Your request. Norman may transfer this Agreement without Your consent, subject to prior written notification to the Customer.

11.2 Notices

A notice under this Agreement shall only be binding upon Norman if provided via e-mail sent from the e-mail address You have registered with Norman. Norman's contact addresses can be found at www.norman.com.

You agree that Norman may send You notices and other communications about the Norman Products, including but not limited to information about Norman Products, user tips, and other similar information. Norman will send all communications either via in-product notices or via email to the primary user’s registered email address, or will post them on its website.

11.3 Technical Requirements

Your use of the Norman Products requires that You to have hardware, software and an Internet connection fulfilling certain requirements, as may be specified on the Norman Website. If the requirements are not met, You may potentially still use the Norman Product, but normally with a lower quality or performance. Such reduced quality or performance will not give You the right to claim any compensation from Norman.

11.4 Partial Invalidity

If any provision of this Agreement is declared invalid or unenforceable by a court or other binding authority, any and all remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

11.5 Choice of Law and Dispute Resolution

This Agreement shall be governed by and interpreted in accordance with Norwegian law. Any dispute, controversy or claim arising out of or in connection with this Agreement shall be subject to the jurisdiction of the Norwegian courts with the district court of Oslo, Norway as the legal venue.

If You are a Consumer, other statutory choice of law and dispute resolution mechanisms may apply in Your jurisdiction.

11.6 Entire Agreement

The terms and conditions of this Agreement replace and supersede any previous agreements that may have existed between You and Norman regarding existing Norman Products.

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Privacy Policy

1. Introduction

This Privacy Policy is provided by:

Norman Safeground AS ("Norman"/"we"/"us").
Strandveien 37, 1366 Lysaker.
Company registration number 998 527 864.

Norman adheres to applicable privacy laws and is committed to protecting your privacy and to provide a secure user experience. When you use Norman Products, we may collect and process personal information about you. This Privacy Policy describes how we use your personal data and how you may protect your privacy.

Please note that this Privacy Policy does not apply to your use of Norman's general websites. The website privacy policy is available at Privacy Policy.

We will treat any personal information provided by you in accordance with this Privacy Policy, the End User License Agreement and applicable laws.

2. Personal data that we collect

When you use Norman Products, we may collect a variety of information that may be linked to you as an individual, including:

  • information provided through your contact with us (such as name, email address, address, phone number);
  • information about our communication with you (such as customer support requests and feedback from you);
  • information that we get from your use of our products collected through our software (such as information on the settings and location of your operating system, hardware configuration and status and statistics regarding the use of installed Norman Products);
  • information that we get from your use of our Online Backup services, including file system information (such as the names of catalogues and files and the IP address this information is sent from);
  • information related to error recovery (such as information on computer processes, performance data, the name of the file which was processed when the error occurred, cryptographic number, supplier information, URL addresses and search history);
  • IP address and MAC address (Media Information Control) and other general statistical information; and
  • information we collect from third parties subject to your consent and/or applicable law.

We will not collect your contact information, such as your name, address and e-mail address, automatically, and will only process such information when you have provided it to us directly, e.g. through your contact with our customer services. We will not access any content of your files stored through our back up services.

3. How we use your personal data

Norman uses your personal data to provide and improve Norman Products which you use. In particular, we may use your personal data to:

  • manage your customer relationship with us;
  • communicate with you, including responding to your queries and feedback and sending you important notices such as errors to Norman Products;
  • investigate, prevent or take action regarding illegal activities and violations of the End User License Agreement, other service specific terms, and applicable laws;
  • license administration, product analysis and improvements to product functionality;
  • identify and reduce potential threats at an early stage; and
  • error recovery.

We may also use aggregated and anonymous information for any internal or external purpose, in particular to improve the overall quality of Norman Products.

4. How we use cookies

We use cookies (small text files stored in your browser used to recognise you and remember your previous activities) in order to process information about your use of Norman Products in the following manner and for the following purposes:

  • Session ID Cookies in order to confirm that a user is logged in. The cookies will expiry when the web browser is closed.
  • Persistent cookies in order to track user activity on Norman's product specific websites. The cookies are stored on your computer but cannot be used to identify you.

You can choose to deny the use cookies through your web browser settings or you can set your browser to alert you each time a web site tries to set a cookie. Please note that the Norman Products may not be fully functional when tracking by use of cookies is switched off, and you remain solely responsible for the cookie settings on your computer.

5. How we may share your personal data

Norman may share your information as set out below or as otherwise permitted by your specific consent or required by applicable laws:

  • We may share information with third parties performing services on our behalf, such as the provision of customer service or analytics services, to the extent required for their provision of such services.
  • We may share information with Norman's subsidiaries and affiliates.
  • We may share information with third parties to improve their own services to the extent you have given us your consent to do so.
  • We may share information with third parties if reasonably necessary to comply with applicable law or governmental requests, and to detect, prevent and enforce unauthorised use of Norman Products.

We may also share aggregated and anonymous information with third parties for any internal or external purpose.

We do not sell your personal information to third parties.

Third parties who receive personal information from Norman will be required to protect your privacy, including treating your personal data in accordance with applicable law and with an adequate level of data security.

We may transfer your personal data to other countries, including countries outside of the European Economic Area where applicable laws do not necessarily provide the same level of data protection as in your own country. Norman will ensure that the recipients of personal data in such countries maintain an adequate level of information security.

6. How we secure your personal data

Norman has implemented technical, physical and organisational measures designed to secure your personal information from accidental loss, unauthorised access, misuse, alteration or disclosure. Notwithstanding such measures, Norman cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your information for improper purposes.

We encourage you to be cautious with the information you include when contacting us by e-mail or other non-secure means of communication, in particular with respect to sensitive personal data and other information which may be used for improper purposes by unauthorised third parties.

7. How we store your personal data

Norman will only store your personal data while you are using Norman Products, or as long as required for business, tax or legal purposes.

8. Your rights

You may contact our customer service at privacy@norman.com or by phone (see www.norman.com for your local phone number) in order to receive information on personal data about you that we store and process. You may also request that we correct or delete incorrect personal information.

Norman reserves the right to retain storage of data as required by applicable laws.

9. Changes

We may update or otherwise amend our Privacy Policy from time to time at our own discretion, e.g. to reflect changes to the Norman Products or changes to the law. The amendments will not have retroactive effect.

We will update our product information to include any amendments to the Privacy Policy. The amendments will enter into force when communicated to you in an appropriate manner. Your continued use of Norman Products after such publication or notification is considered as an acceptance of the amended Privacy Policy. If you do not agree to the amendments, you should terminate your use of Norman Products.

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