End User Agreement for Norman's Programs and Services

 

This end user agreement has been divided into Section A ("Consumer Terms and Conditions"), Section B ("Terms and Conditions for Businesses"), Section C ("Privacy Statement") and Section D ("Third-party Licenses").

If you are a consumer purchaser, i.e. a physical person who does not principally act as part of a business activity, please proceed to Section A ("Consumer Terms and Conditions").

Businesses can proceed directly to Section B ("Terms and Conditions for Businesses") below.

You must then read Section C ("Privacy Statement") which regulates Norman's processing of your personal data.

Section A - Consumer Terms and Conditions
Section B - Terms and Conditions for Businesses
Section C - Privacy Statement
Section D - Third-Party Licenses

 

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Section A - Consumer Terms and Conditions

The customer's acceptance of the agreement

This agreement (the "Agreement") regulates the rights and obligations in the relationship between you as the buyer of Norman's programs and/or services (the "Customer"), and Norman Safeground AS ("Norman").

The term "Programs" refers to Norman's software and/or services for computers (both electronic versions and versions stored in physical storage media), as well as any accompanying documentation.

By installing and/or use the Program, the Customer confirms that the Customer has read, understood and accepted this Agreement. If the Customer does not wish to accept the terms and conditions in this Agreement, the Customer must give Norman written notice of the cancellation of the purchase as soon as possible after the Customer obtained its user right to the Program. Written notice can be given via email, provided that the notice is sent from an email address which the Customer has registered with Norman. An overview of contact addresses can be found at www.norman.com.

In the event of cancellation under this provision, the Customer will be refunded the purchase amount. The requirements for cancellation due to the Customer not wanting to accept the terms and conditions of the Agreement are that:

  • The Customer has not installed the Program that was procured; and that
  • The Customer returns, at its own expense, all materials which the Customer has received in the same amounts and in the same condition as when these were supplied to the Customer.

Please note that you as a Customer may have an additional right to cancel the Agreement in the event of a cooling-off period , see Part 1, section 1.3 under ("Cooling-Off Period").

The written notice of cancellation of the purchase must have been received by Norman no later than 14 calendar days after the purchase date.

The structure of the agreement

The provisions in Part 1 of this Agreement ("General Provisions") apply for all Programs and/or services which the Customer purchases from Norman, regardless of whether the Programs and/or services are offered in return for payment or are free of charge.

Part 2 contains special terms and conditions for software ("Special Terms and Conditions for Software"), while Part 3 contains special terms and conditions for the purchase of services ("Special Terms and Conditions for Services"). Part 2 and Part 3 supplement and, in the event of conflict, take precedence over the General Provisions in Part 1, unless otherwise is explicitly stated in the Agreement.

For services which also contain Programs, Part 3 may contain special terms and conditions for the use of Programs which, in the event of a conflict, shall take precedence over the provisions in Part 2. Otherwise, Part 2 also applies for the software in question.

Section C contains Norman's privacy statement ("Privacy Statement"), and regulates Norman's processing of personal data to the extent this applies for the relevant Programs and/or services.

Part 1 - General Provisions

1.1 Duration

The agreement period shall commence on the purchase date and last for the period that is agreed between the parties.

If the Customer has purchased a Product that shall be renewed automatically, the Agreement will be renewed automatically for rolling 12 month periods until it is terminated in accordance with section 1.2 ("Termination") below.

1.2 Termination

Either of the parties can terminate the Agreement with a minimum of one month's written notice prior to the expiry of the current agreement period, unless otherwise explicitly agreed in writing between the Customer and Norman or explicitly stated in Norman's official marketing materials, user documentation or in this Agreement.

Written notice can be given via email provided that notice is sent from an email address which the Customer has registered with Norman. An overview of contact addresses can be found at www.norman.com.

When timely notice is sent, the Agreement shall come to an end at the end of the current agreement period. In order for the Customer's notice to be timely, it must have been received by Norman no later than one month before the end of the agreement period. If notice is received after the deadline, it will first come into effect from the end of the following agreement period.

In the event of termination and payment default, Norman can block the access to Norman's Programs and services. The Customer will receive notice via email to the email address that the Customer has registered with Norman before access is blocked. Access will be blocked until correct payment is received. The Customer itself shall bear the risk if the blocked access affects the functionality of other software programs and services.

The provisions under this section 1.2 also apply for termination of one or more individual licenses which are covered by this Agreement.

1.3 Cooling-off period

If the Customer purchases Programs and/or services as a consumer (i.e. that the Customer is a physical person who does not primarily act as part of a business), the Customer has the right to terminate this Agreement without cause within 14 calendar days after the Customer receives the Program/service, provided that:

  • The agreement was entered into (i) outside the fixed sales outlets of Norman or Norman's dealers, 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 the Cooling-Off Act.

In order to exercise the cancellation right, the Customer must use the cooling-off form which comes with the Program/service or which is sent to the Customer by email. More detailed information about exercising the cooling-off rights is stated on the form. When the cooling-off rights are exercised, the Customer must, among other things, return any physical materials the Customer has received from Norman (including software media, user documentation and packaging). The materials must be returned to Norman at the Customer's own expense in the same amounts and in the same condition as when these were supplied to the Customer together with a copy of the completed cooling-off form. Exercising the right of cancellation for the Program also entails that any agreements for services which are supplied in connection with the Program are brought to an end. The refund for the purchase sum will be paid within 14 calendar days after Norman has received all the materials from the Customer.

For the purchase of services, the Customer consents to Norman commencing delivery to the Customer before any cooling-off period expires. If cooling-off rights are exercised, the Customer must pay for the part of the service which has been carried out as well as for the materials used.

1.4 Personal data

The processing of personal data which Norman receives in connection with this Agreement is regulated by Norman's applicable Privacy Statement, which forms part of this Agreement. Reference is made to Section C ("Privacy Statement") below.

1.5 Consent to receive electronic customer information

The Customer will be able to receive user tips, update news and information about relevant products and services from Norman of the same type as those on which the customer relationship is based, to the email address which the Customer has provided to Norman in connection with the customer relationship.

The Customer may at any time (including upon entering into this agreement) give notice to Norman by email that the Customer does not want to receive such messages and (if relevant) that the Customer wishes to receive information in a different manner. Norman's email address can be found at www.norman.com. In received emails, the Customer will also be given the opportunity to reserve itself, in a simple manner, against the receipt of future emails.

1.6 Payment terms

Unless otherwise is agreed, Norman's claim for payment shall fall due 15 calendar days after the invoice date. Certain Programs and services must be paid for before the license is issued and/or renewed or the service is activated. The Customer may be charged a fee upon invoicing. In the event of delayed payment, the legal penalty interest shall accrue.

1.7 Breach on the part of the Customer. Sanctions

If the Customer is in material breach of all or some of its obligations to Norman, Norman has the right to terminate existing agreements, in whole or in part, and with immediate effect. Considered a material breach are, among other things, payment default exceeding 30 calendar days after the due date and any breach of the provisions concerning the Customer's user rights to Programs in Part 2, section 2.2. ("Scope of the license") and section 2.3 ("License restrictions") in this Agreement.

In the event of the termination or other cancellation of the Agreement, Norman can demand that the Customer returns all materials received from Norman (for example software and user documentation) to Norman or Norman's representatives and that all software copies are deleted/uninstalled.

Norman reserves the right to pursue any breach through appropriate steps available under civil law and/or criminal law. Norman will claim compensation for the costs and losses the company incurs as a result of the breach on the part of the Customer including, however not limited to, reasonable expenses for legal assistance in the event legal action is taken to pursue or remedy the breach.

The Customer's sanctions in the event of breach on the part of Norman related to Programs and/or services are regulated in Part 2, section 2.5 ("Restricted rights") and Part 3, section 3.1.6 ("Termination of maintenance") in this Agreement. In addition, special provisions may apply for certain services in Part 3, section 3.2 ("Additional terms and conditions for individual services").

1.8 Force majeure

If the performance under this Agreement is prevented in whole or in part, or made much more difficult due to circumstances that are outside the parties' control, the parties' obligations shall be suspended to the extent that the circumstances are relevant and for as long as the circumstances exist. Such circumstances include, however are not limited to, strike, lockout, line faults at the telecommunications operator etc, as well as any circumstances that are considered as force majeure pursuant to Norwegian law.

1.9 Limitation of liability

Subject to any restrictions under mandatory law, Norman's liability for damages is limited to direct documented loss and damage in an amount up to the payment (excluding VAT) which Norman has received for the Program and/or service which the claim relates to.

Norman, Norman's suppliers, resellers, partners and other contracting parties disclaim any and all liability for indirect loss and damage, including (however not limited to) loss of income, business disruptions and any loss of or damage to data (such as documents, data, pictures etc.), information and the like. The limitation of liability shall apply regardless of the cause and basis on which the claim is based (including any consequences of system errors or new versions) and also includes negligence on the part of Norman. The limitation of liability applies even if Norman and/or someone for which Norman is responsible have been informed about the possibility of such loss or damage.

Norman does not assume liability for software or other products and/or services that are provided by third parties, which the Customer obtains access to via Programs and/or services from Norman.

Unless otherwise expressly stated in this Agreement, Norman provides no guarantees, warranties or the like concerning Programs and/or services that are supplied under this Agreement. Without reducing the scope of the above, Norman makes no warranties that, among other things, Programs and/or services will achieve a specific result, that these are fit for a specific purpose or that the use of Programs and/or services will be able to occur without interruptions or without problems.

The limitation of liability does not apply insofar as Norman has caused the damage or loss through wilful negligence.

1.10 Ownership rights and intellectual property rights

Norman or Norman's suppliers and third parties hold any and all ownership rights, title and interest in and to any and all copyrights and other intellectual property and industrial rights in and to Programs, materials, documentation, other products, services and results of services which are covered by this Agreement. Unless otherwise expressly agreed or follows from mandatory rules, the Customer does not have the right to make copies (copy), distribute/transfer, imitate, change, adapt and/or create derivative works from information and/or other materials which the Customer obtains access to under this Agreement regardless of whether this is electronic or paper-based. This includes, however is not limited to, Programs, logos, trademarks, layouts, sounds, pictures and designs from Norman or third parties.

All intellectual property and industrial rights in and to potential suggestions from the Customer concerning changed, improved and/or new Programs and services are hereby assigned to Norman free of charge, unless otherwise is explicitly agreed in writing in each instance.

1.11 Confidentiality obligation

The Customer is obligated to observe confidentiality and prevent that other parties obtain access to or knowledge of information related to (i) Programs, source codes, services and/or documentation that the Customer receives from Norman or third parties, (ii) any test results associated with beta testing (including, however not limited to, system errors, error messages, proposed improvements etc.), (iii) development projects at Norman which the Customer may receive knowledge about, (iv) all communication between the Customer and Norman, and (v) other information related to Norman's business activities which, after a careful and loyal assessment, must be considered to be important to hold confidential out of consideration to Norman's business activities. Such confidential information must not be used for other purposes or to a greater extent than what is strictly necessary for utilising the Customer's rights under this Agreement or pursuant to law.

The confidentiality obligation shall survive the termination of this Agreement.

1.12 Subcontractors

Norman is free to use subcontractors in connection with its delivery of Programs and services. If the delivery includes components that are supplied by or licensed via third parties, then by installing/using the delivery, the Customer will be deemed to have accepted any special terms and conditions for such components, when such special terms and conditions are part of this Agreement.

To the extent required by such third parties, the Customer is also obligated to enter into any supplementary agreements which are necessary for the Customer to be able to use the delivery.

1.13 Transfer of the Agreement

The Customer does not have the right to assign or in any other way transfer the Customer's rights and/or obligations under this Agreement without prior written consent from Norman. Norman may freely assign or in any other way transfer its rights and/or obligations under this Agreement, in whole or in part.

1.14 Changes

Norman reserves the right at any time to change the at all times applicable prices and non-accepted offers as well as to make minor amendments to the terms and conditions for the use of the Programs, services and/or content, scope and method of delivery of Programs and services that are being delivered.

Material changes in the terms and conditions of use for Programs and services and/or the content, scope and method of delivery of Programs and services that are delivered are only binding on the Customer upon the Customer's acceptance of the change(s), unless the amendments are partly or wholly related to, (a) amendments in the legal framework conditions for the relevant or equivalent Programs or services, (b) amendment that are partly or wholly related to changes in or cancellation of third party software or services which the Customer has entered into separate agreements with, or (c) amendments related to free Programs or services.

Material changes to the content and/or scope of the services and Programs that are supplied may result in the Programs and/or services being brought to an end. Failure to terminate the Agreement at the correct time before an automatic renewal is deemed to be an acceptance by the Customer of the material changes, provided that Norman gave notice of these changes in a reasonable period of time before the automatic renewal came into effect. With the exception of changes related to free Programs or services, Norman will notify the Customer of changes as mentioned above in a manner which Norman chooses in each instance. Notice is deemed to have been given when it is sent, published on Norman's website or communicated by Norman in any other manner.

Norman reserves the right to make updates and/or upgrades and adaptations of Programs and services supplied by Norman. This shall always safeguard and contain the functionality and quality which can reasonably be expected of Programs and services the Customer has procured from Norman.

Note that special terms and conditions may apply in addition to those stated in this Agreement.

1.15 Choice of law and legal venue

This Agreement is governed by Norwegian law. The parties agree to Oslo District Court as the exclusive legal venue for any disputes that may arise in connection with the Agreement.

Part 2 - Special Terms and Conditions for Software

2.1 The features of the software

The product sheets at www.norman.com describe the features of Programs that Norman offers. Norman provides no promises, warranties or guarantees for the Programs' features beyond what is explicitly stated in the product sheets and the accompanying documentation.

2.2 Scope of the license

Except as otherwise provided by mandatory law, the Customer is granted a non-exclusive right to use the Program:

  1. On a standalone PC, provided that the Program is only installed on one PC per license at all times;
  2. On PCs and servers in a network if the Customer has purchased a number of licenses to the Program equal to the maximum number of copies of the Program which are in use at any time (1:1 ratio);
  3. If the Customer wants to increase the number of users of the Program, the Customer needs to obtain a new license for each new user;
  4. The Customer can copy the Program, but only for, and to the extent necessary for, archival or back-up purposes;
  5. The Customer can transfer this license to a third party on a permanent basis provided that the Program is removed at the original Customer and that Norman is informed about the identity of the new customer. In addition, any outstanding amounts between the Customer and Norman must have been settled. Such a transfer must also include the Agreement and all documentation belonging to the Program. Before such a transfer takes place, the new customer must accept the terms and conditions in the Agreement.

The Customer is not granted the right to use the Program in any other manner or to a greater extent than what is explicitly stated in this Agreement.

2.3 License restrictions

Unless otherwise follows from mandatory legislation, the Customer does not have the right:

  1. To modify, integrate, translate, adapt, decompile, disassemble, reverse engineer or make copies of the Program;
  2. To lend or rent out the Program or copies of this;
  3. To copy the Program over to other machines without specific licenses having been purchased for these; or
  4. To transfer or use the Program or test versions of the Program for commercial purposes.

2.4 Intellectual property rights

Norman or Norman's dealers and third parties have copyrights and any and all other intellectual property and industrial rights in and to the Program and future or related versions of this.

Any rights which may arise as the result of the Customer's use of the Program in breach of this Agreement are hereby assigned to Norman free of charge. This also applies to the right to change and further develop the results of such unlawful conduct and the right to sub-license and assign the rights in question.

2.5 Restricted rights

Norman will only take responsibility for the Program:

  1. Essentially functioning in accordance with the user documentation and the product sheets; and
  2. Being distributed on a medium in which the equipment and professional performance are free of defects. This does not apply if the Program is downloaded in electronic format.

If the Customer chooses to make use of automatic updates of virus signatures in the Program, Norman will not be liable for the consequences if the Program does not function without error for the Customer.

In the event of errors in the Program which Norman is liable for under the Agreement or in the event of major deviations from the user documentation and the product sheets ("Defective Product"), the Customer can demand that Norman supply a corrected Program to the Customer at no extra cost. Norman can instead choose to refund the purchase price.

If the Defective Product is neither fixed nor refunded, the Customer can claim a discount such that the ratio between the reduced and agreed prices is equal to the ratio between the value of the item in a defective and contractual state on the date of purchase. In such instances, the Customer can also terminate the Agreement if the defect is material.

The Customer can, subject to the limitations set out in Part 1, section 1.9 ("Limitation of liability"), claim compensation for its loss as a result of the Defective Product.

In the event of a Defective Product, the Customer is obligated to give notice within a reasonable period of time after the Customer should have become aware of the circumstances that form the basis for the claim. If the Customer does not submit a claim within a reasonable period of time, the Customer shall lose its right to assert remedy for breach.

Remedies for breach require that the Customer's license is valid and cannot be asserted more than two years after this Agreement has been entered into.

The Customer does not have any remedies for breach against Norman other than those expressly stated in this section 2.5.

2.6 Updating

Norman will continuously update the Program during the agreement period, limited to the main version of the Program. "Main version" refers to the number of the Program without decimals, so that for example 7 and 8 are two different main versions, while 7.1 and 7.2 are part versions of the same main version and therefore included in the price.

Part 3 - Special Terms and Conditions for Services

3.1 General terms and conditions for services

3.1.1 Description of the services

The product sheets at www.norman.com describe the requirements for the services that Norman offers. Norman provides no promises, warranties or guarantees for the services beyond what is explicitly stated in the product sheets.

3.1.2 Duration

Maintenance services run for a period of one to three years from the purchase date, depending on the Customer's agreement with Norman. The Agreement will then be renewed for rolling 12 month periods unless it is terminated in accordance with the provisions in Part 1, section 1.2 ("Termination") above.

3.1.3 Assistance

Assistance at the Customer's premises is considered consultancy services and will be invoiced in accordance with the at all times applicable rates for consultancy services.

3.1.4 Telephone support

The Customer can find an overview of Norman's at all times applicable terms and conditions for telephone support at www.norman.com.

3.1.5 Invoicing and customer service

Maintenance services during the agreement period will be invoiced in advance. Each invoice will incur a postage and handling fee.

If you wish to contact customer service you can contact your local Norman office. Contact information can be found at www.norman.com.

3.1.6 Termination of maintenance

If an error is of material importance to the Customer, the Customer has the right to terminate the agreement for maintenance when 30 calendar days have passed without the error having been remedied. The Customer can, subject to the limitations in Part 1, section 1.9 ("Limitation of liability"), claim compensation for financial loss resulting from material faults in the services.

3.2 Additional terms and conditions for individual services

3.2.1 Online Back-Up

Norman Personal Backup "Personal Backup" (formerly called Norman Online Backup) is an internet based back-up service for private persons which includes both software and services.

When purchasing Norman Personal Backup, these special terms and conditions for Personal Backup ("Terms and Conditions for Personal Backup") apply in addition to the General Provisions in Part 1 and the general terms and conditions for services in section 3.1 above ("General Terms and Conditions for Services").

In the event of conflict, the Terms and Conditions for Personal Backup shall take precedence over the General Provisions and the General Terms and Conditions for Services, but shall not otherwise entail any limitations or restrictions in relation to the General Provisions and the General Terms and Conditions for Services.

3.2.1.1 Duration

The agreement for the purchase of Personal Backup applies for a period of one year from the purchase date and shall then expire without notice unless the Customer chooses to enter into a new agreement for the purchase of Personal Backup.

3.2.1.2 Termination and deletion

At any time during the agreement period, Norman has the right to terminate Personal Backup, either partly or in full, with prior notice of at least 30 calendar days. Notice of termination shall be deemed to have been sent and received when an email has been sent to an email address which the Customer has registered with Norman. If the Customer's access to Personal Backup is terminated before the end of the agreement period, the Customer will be refunded a proportionate share of the payment.

The Customer cannot terminate the Agreement during the agreement period.

When the agreement period expires, all data will be deleted from the Customer's user account and the Customer will lose its access to the service. The Customer consents to Norman storing the Customer's data for up to 90 calendar days after the contractual arrangement has come to an end. The Customer is obligated to monitor incoming emails from Norman.

It is solely the Customer's responsibility to ensure the removal of all data, documentation, pictures and other files that may be stored in Personal Backup before the Customer's access to the service expires. This applies regardless of the grounds for termination.

3.2.1.3 User account, password and security

The Customer must establish its own user account to obtain access to Norman Personal Backup. It is only permitted to establish one user account per Customer.

Personal Backup, including the user name and password, is strictly personal and must only be used for the Customer's private use. The Customer is obligated to store the password and user name in a secure manner such that third parties do not obtain access to the Customer's user account. Loss of password and/or user name can result in the Customer losing access to the service.

In the event of a loss of password and/or user name, suspicion that third parties have obtained access to the password or user name, or other security breaches, the Customer is obligated to notify Norman immediately.

3.2.1.4 Age limit for the purchase of Personal Backup

The age limit for the purchase of Personal Backup is 18 years. If the Customer is younger than 18 years of age the Customer's account and data will be deleted immediately.

3.2.1.5 Changes to personal data

The Customer is obligated to ensure that registered data that is of importance to the use of Personal Backup is correct and updated at all times. This includes, for example, name, address and email address. Personal data can be changed in My Account.

The Customer is liable for expenses and costs which accrue due to the Customer having failed to provide correct data or update registered data.

3.2.1.6 Collection of anonymised data

Personal Backup can collect data in anonymised form from the Customer's PC. This includes, for example, statistics and performance data related to the software and other data which cannot be related to the Customer. Norman can freely make use of such non-personal data.

The use of personal data is regulated by Norman's Privacy Statement, which is a part of this Agreement.

3.2.1.7 License to use Personal Backup

The Customer receives a non-exclusive, non-transferable, strictly personal license to install and use one copy of the software in Personal Backup for the exclusive purpose of using the service and only to the extent necessary for realising this purpose.

The software can contain third-party source code. The use of such source code is regulated by licensing terms and conditions from the relevant third parties and Norman disclaims any responsibility for the Customer's use of such source codes.

Norman has the right to remove content or take any other steps Norman considers necessary concerning content which, in Norman's view, is in violation of Norwegian law.

3.2.1.8 Rules for the Customer's use of Personal Backup

The user account is strictly personal and cannot be resold, lent out or shared in any other manner with others.

The Customer has the sole responsibility for all activity that occurs in the Customer's user account, including the responsibility to ensure that the storing, sharing and exchange of digital content with other persons does not violate the privacy of third parties, copyrights, other third party rights or laws. Any violation of such rights is deemed to be a material breach of the Agreement and is exclusively the responsibility of the Customer. All unauthorised use of Personal Backup and Norman's services constitutes a breach of this Agreement and could be reported to the relevant authorities.

Norman reserves the right to block the Customer's access to Personal Backup, delete all data and/or terminate the Customer's user account if the Customer, in Norman's view, breaches any of the following conditions:

  1. The Customer shall not use Personal Backup to harm, offend, threaten, defraud, monitor or harass others;
  2. The Customer shall not prevent third parties from using Personal Backup;
  3. The Customer shall not pretend to be someone else;
  4. The Customer shall not attempt to obtain access to user accounts of third parties;
  5. The Customer shall not attempt to obtain access to the content of other persons unless the third parties have given their express consent;
  6. The Customer shall not directly or indirectly use Personal Backup to distribute advertising or carry out other inappropriate behaviour;
  7. The Customer shall not use Personal Backup to collect personal data about third parties such as, for example, email addresses.

Correspondingly, Norman reserves the right to block the Customer's access to Personal Backup, delete all data and/or terminate the Customer's user account if the Customer performs actions that, in Norman's view, are in violation of Norwegian law.

3.2.1.9 Material errors

If an error is of material importance to the Customer, the Customer has the right to terminate the Agreement when 30 calendar days have passed without the error having been corrected. The Customer may, with the limitations that follow from Part 1, section 1.9 ("Limitation of liability") above, claim compensation for financial loss resulting from material faults in the services.

 

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Section B - Terms and Conditions for Businesses

The customer's acceptance of the agreement

This agreement (the "Agreement") regulates the rights and obligations in the relationship between the company that purchases Norman's Programs and/or services (the "Customer") and Norman Safeground AS ("Norman").

The term "Programs" refers to Norman's software and/or services for computers (both electronic versions and versions stored in physical storage media), as well as any accompanying documentation.

By installing and/or use the Program, the Customer confirms that the Customer has read, understood and accepted this Agreement. If the Customer does not wish to accept the terms and conditions in this Agreement, the Customer must give Norman written notice of the cancellation of the purchase as soon as possible after the Customer obtained its user right to the Program. Written notice can be given via email, provided that the notice is sent from an email address which the Customer has registered with Norman. An overview of contact addresses can be found at www.norman.com.

In the event of cancellation under this provision, the Customer will be refunded the purchase amount. The requirements for cancellation due to the Customer not wanting to accept the terms and conditions of the Agreement are that:

  • The Customer has not installed the Program that was procured; and that
  • The Customer returns, at its own expense, all materials which the Customer has received in the same amounts and in the same condition as when these were supplied to the Customer.

The written notice of cancellation of the purchase must have been received by Norman no later than 7 calendar days after the purchase date.

The structure of the agreement

The provisions in Part 1 of this Agreement ("General Provisions") apply for all Programs and/or services which the Customer purchases from Norman, regardless of whether the Programs and/or services are offered in return for payment or are free of charge.

Part 2 contains special terms and conditions for software ("Special Terms and Conditions for Software"), while Part 3 contains special terms and conditions for the purchase of services ("Special Terms and Conditions for Services"). Part 2 and Part 3 supplement and, in the event of conflict, take precedence over the General Provisions in Part 1, unless otherwise is explicitly stated in the Agreement.

For services which also contain Programs, Part 3 may contain special terms and conditions for the use of Programs which, in the event of a conflict, shall take precedence over the provisions in Part 2. Otherwise, Part 2 also applies for the software in question.

Section C contains Norman's privacy statement ("Privacy Statement"), and regulates Norman's processing of personal data to the extent this applies for the relevant Programs and/or services. The Customer is obligated to ensure that employees, consultants and other relevant persons have consented to Norman's processing of their personal data under this Agreement.

Part 1 - General Provisions

1.1 Duration

The agreement period shall commence on the purchase date and last for the period that is agreed between the parties.

At the end of the agreement period, the Agreement will be renewed automatically for rolling 12 month periods until it is terminated in accordance with section 1.2 ("Termination") below.

1.2 Termination

Either of the parties can terminate the Agreement with a minimum of one month's written notice prior to the expiry of the current agreement period, unless otherwise explicitly agreed in writing between the Customer and Norman or explicitly stated in Norman's official marketing materials, user documentation or in this Agreement.

Written notice can be given via email provided that notice is sent from an email address which the Customer has registered with Norman. An overview of contact addresses can be found at www.norman.com.

When timely notice is sent, the Agreement shall come to an end at the end of the current agreement period. In order for the Customer's notice to be timely, it must have been received by Norman no later than one month before the end of the agreement period. If notice is received after the deadline, it will first come into effect from the end of the following agreement period.

In the event of termination and payment default, Norman can block the access to Norman's Programs and services. The Customer will receive notice via email to the email address that the Customer has registered with Norman before access is blocked. Access will be blocked until correct payment is received. The Customer itself shall bear the risk if the blocked access affects the functionality of other software programs and services.

The provisions under this section 1.2 also apply for termination of one or more individual licenses which are covered by this Agreement.

1.3 Personal data

The processing of personal data which Norman receives in connection with this Agreement is regulated by Norman's applicable Privacy Statement, which forms part of this Agreement. Reference is made to section C ("Privacy Statement") below.

1.4 Consent to receive electronic customer information

The Customer agrees to receive customer information such as user tips, update news and information about relevant products and services from Norman or Norman's partners which Norman considers to be of interest to the Customer. By providing an email address when registering as a Norman customer, the Customer consents to such information being sent to the email address the Customer has provided and/or in another electronic manner.

The Customer may at any time (including upon entering into this agreement) give notice to Norman by email that the Customer does not want to receive such messages and (if relevant) that the Customer wishes to receive information in a different manner. Norman's email address can be found at www.norman.com. In received emails, the Customer will also be given the opportunity to reserve itself, in a simple manner, against the receipt of future emails.

1.5 Payment terms

Unless otherwise is agreed, Norman's claim for payment shall fall due 15 calendar days after the invoice date. Certain Programs and services must be paid for before the license is issued and/or renewed or the service is activated. The Customer will be charged a fee upon invoicing. In the event of delayed payment, the legal penalty interest shall accrue.

1.6 Breach on the part of the Customer. Sanctions

If the Customer is in material breach of all or some of its obligations to Norman, Norman has the right to terminate the existing agreements, in whole or in part, with immediate effect. Considered a material breach are, among other things, payment default exceeding 30 calendar days after the due date and any breach of the provisions concerning the Customer's user rights to Programs in Part 2, section 2.2. ("Scope of the license") and section 2.3 ("License restrictions") in this Agreement.

In the event of the termination or other cancellation of the Agreement, Norman can demand that the Customer returns all materials received from Norman (for example software and user documentation) to Norman or Norman's representatives and that all software copies are deleted/uninstalled.

Norman reserves the right to pursue any breach through appropriate steps available under civil law and/or criminal law. Norman will claim compensation for the costs and losses the company incurs as a result of the breach on the part of the Customer including, however not limited to, reasonable expenses for legal assistance in the event legal action is taken to pursue or remedy the breach.

The Customer's sanctions in the event of breach on the part of Norman related to Programs and/or services are regulated in Part 2, section 2.5 ("Restricted rights") and Part 3, section 3.1.6 ("Termination of maintenance") in this Agreement. In addition, special provisions may apply for certain services in Part 3, section 3.2 ("Additional terms and conditions for individual services").

1.7 Force majeure

If the performance under this Agreement is prevented in whole or in part, or made much more difficult due to circumstances that are outside the parties' control, the parties' obligations shall be suspended to the extent that the circumstances are relevant and for as long as the circumstances exist. Such circumstances include, however are not limited to, strike, lockout, line faults at the telecommunications operator etc., as well as any circumstances that are considered as force majeure pursuant to Norwegian law.

1.8 Limitation of liability

Subject to any restrictions under mandatory law, Norman's liability for damages is limited to direct documented loss and damage in an amount up to the payment (excluding VAT) which Norman has received for the Program and/or service which the claim relates to.

Norman, Norman's suppliers, resellers, partners and other contracting parties disclaim any and all liability for indirect loss and damage, including (however not limited to) loss of income, business disruptions and any loss of or damage to data (such as documents, data, pictures etc.), information and the like. The limitation of liability shall apply regardless of the cause and basis on which the claim is based (including any consequences of system errors or new versions) and also includes negligence on the part of Norman. The limitation of liability applies even if Norman and/or someone for which Norman is responsible have been informed about the possibility of such loss or damage.

Norman does not assume liability for software or other products and/or services that are provided by third parties, which the Customer obtains access to via Programs and/or services from Norman.

Unless otherwise expressly stated in this Agreement, Norman provides no guarantees, warranties or the like concerning Programs and/or services that are supplied under this Agreement. Without reducing the scope of the above, Norman makes no warranties that, among other things, Programs and/or services will achieve a specific result, that these are fit for a specific purpose or that the use of Programs and/or services will be able to occur without interruptions or without problems.

To the extent permitted by law, the Customer shall fully indemnify Norman, Norman's employees, board members, agents, licensees, suppliers and other contracting parties from and against any costs and expenses as well as losses, damage and liability, regardless of type (including, however not limited to, reasonable legal costs), which may arise in connection with the Customer's use of Programs or services from Norman in breach of this Agreement or otherwise in violation of Norman's intellectual property rights or the Customer's confidentiality obligation.

The limitation of liability does not apply insofar as Norman has caused the damage or loss through wilful negligence.

1.9 Ownership rights and intellectual property rights

Norman or Norman's suppliers and third parties hold any and all ownership rights, title and interest in and to any and all copyrights and other intellectual property and industrial rights in and to Programs, materials, documentation, other products, services and results of services which are covered by this Agreement. Unless otherwise expressly agreed or follows from mandatory rules, the Customer does not have the right to make copies (copy), distribute/transfer, imitate, change, adapt and/or create derivative works from information and/or other materials which the Customer obtains access to under this Agreement regardless of whether this is electronic or paper-based. This includes, however is not limited to, Programs, logos, trademarks, layouts, sounds, pictures and designs from Norman or third parties.

All intellectual property and industrial rights in and to potential suggestions from the Customer concerning changed, improved and/or new Programs and services are hereby assigned to Norman free of charge, unless otherwise is explicitly agreed in writing in each instance.

1.10 Confidentiality obligation

The Customer is obligated to observe confidentiality and prevent that other parties obtain access to or knowledge of information related to (i) Programs, source codes, services and/or documentation that the Customer receives from Norman or third parties, (ii) any test results associated with beta testing (including, however not limited to, system errors, error messages, proposed improvements etc.), (iii) development projects at Norman which the Customer may receive knowledge about, (iv) all communication between the Customer and Norman, and (v) other information related to Norman's business activities which, after a careful and loyal assessment, must be considered to be important to hold confidential out of consideration to Norman's business activities. Such confidential information must not be used for other purposes or to a greater extent than what is strictly necessary for utilising the Customer's rights under this Agreement or pursuant to law.

The Customer shall impose on its own employees an equivalent confidentiality obligation to that stated in the previous paragraph. If the Customer is uncertain about whether a specific matter is covered by the confidentiality obligation, the Customer shall in advance submit the question to Norman for a decision.

The confidentiality obligation shall survive the termination of this Agreement.

1.11 Subcontractors

Norman is free to use subcontractors in connection with its delivery of Programs and services. If the delivery includes components that are supplied by or licensed via third parties, then by installing/using the delivery, the Customer will be deemed to have accepted any special terms and conditions for such components, when such special terms and conditions are part of this Agreement.

To the extent required by such third parties, the Customer is also obligated to enter into any supplementary agreements which are necessary for the Customer to be able to use the delivery.

1.12 Transfer of the Agreement

The Customer does not have the right to assign or in any other way transfer the Customer's rights and/or obligations under this Agreement without prior written consent from Norman. Norman may freely assign or in any other way transfer its rights and/or obligations under this Agreement, in whole or in part.

1.13 Changes

Norman reserves the right at any time to change the at all times applicable prices and non-accepted offers as well as to make minor amendments to the terms and conditions for the use of the Programs, services and/or content, scope and method of delivery of Programs and services that are being delivered.

Material changes in the terms and conditions of use for Programs and services and/or the content, scope and method of delivery of Programs and services that are delivered are only binding on the Customer upon the Customer's acceptance of the change(s), unless the amendments are partly or wholly related to, (a) amendments in the legal framework conditions for the relevant or equivalent Programs or services, (b) amendments that are partly or wholly related to changes in or cancellation of third party software or services which the Customer has entered into separate agreements with, or (c) amendments related to free Programs or services.

Material changes to the content and/or scope of the services and Programs that are supplied may result in the Programs and/or services being brought to an end. Failure to terminate the Agreement at the correct time before an automatic renewal is deemed to be an acceptance by the Customer of the material changes, provided that Norman gave notice of these changes in a reasonable period of time before the automatic renewal came into effect. With the exception of changes related to free Programs or services, Norman will notify the Customer of changes as mentioned above in a manner which Norman chooses in each instance. Notice is deemed to have been given when it is sent, published on Norman's website or communicated by Norman in any other manner.

Norman reserves the right to make updates and/or upgrades and adaptations of Programs and services supplied by Norman. This shall always safeguard and contain the functionality and quality which can reasonably be expected of Programs and services the Customer has procured from Norman.

Note that special terms and conditions may apply in addition to those stated in this Agreement.

1.14 Choice of law and legal venue

This Agreement is governed by Norwegian law. The parties agree to Oslo District Court as the exclusive legal venue for any disputes that may arise in connection with the Agreement.

Part 2 - Special Terms and Conditions for Software

2.1 The features of the software

The product sheets at www.norman.com describe the features of Programs that Norman offers. Norman provides no promises, warranties or guarantees for the Programs' features beyond what is explicitly stated in the product sheets and the accompanying documentation.

2.2 Scope of the license

Except as otherwise provided by mandatory law, the Customer is granted a non-exclusive right to use the Program within the Customer Group (as defined in section 2.7 "Services to third parties"):

  1. On a standalone PC, provided that the Program is only installed on one PC per license at all times;
  2. On PCs and servers in a network if the Customer has purchased a number of licenses to the Program equal to the maximum number of copies of the Program which are in use at any time (1:1 ratio);
  3. If the Customer wants to increase the number of users of the Program, the Customer needs to obtain a new license for each new user;
  4. The Customer can copy the Program, but only for, and to the extent necessary for, archival or back-up purposes;
  5. The Customer can transfer this license to a third party on a permanent basis provided that the Program is removed at the original Customer and that Norman is informed about the identity of the new customer. In addition, any outstanding amounts between the Customer and Norman must have been settled. Such a transfer must also include the Agreement and all documentation belonging to the Program. Before such a transfer takes place, the new customer must accept the terms and conditions in the Agreement.

The Customer is not granted the right to use the Program in any other manner or to a greater extent than what is explicitly stated in this Agreement.

2.3 License restrictions

Unless otherwise follows from mandatory legislation, the Customer does not have the right:

  1. To modify, integrate, translate, adapt, decompile, disassemble, reverse engineer or make copies of the Program;
  2. To lend or rent out the Program or copies of this;
  3. To copy the Program over to other machines without specific licenses having been purchased for these;
  4. To transfer or use the program or test versions of the Program for commercial purposes: or
  5. To use the Program for commercial purposes, unless otherwise is expressly agreed with Norman in accordance with Section 2.7 ("Services to third parties") below.

2.4 Intellectual property rights

Norman or Norman's dealers and third parties have the copyrights and any and all other intellectual property and industrial rights in and to the Program and future or related versions of this.

Any rights which may arise as the result of the Customer's use of the Program in breach of this Agreement are hereby assigned to Norman free of charge. This also applies to the right to change and further develop the results of such unlawful conduct and the right to sub-license and assign the rights in question.

2.5 Restricted rights

Norman will only take responsibility for the Program:

  1. Essentially functioning in accordance with the user documentation and the product sheets; and
  2. Being distributed on a medium in which the equipment and professional performance are free of defects. This does not apply if the Program is downloaded in electronic format.

If the Customer chooses to make use of automatic updates of virus signatures in the Program, Norman will not be liable for the consequences if the Program does not function without error for the Customer.

In the event of errors in the Program which Norman is liable for under the Agreement or in the event of major deviations from the user documentation and the product sheets, Norman will refund the amount that was paid for the Program or return a corrected Program at no extra cost. This is conditional upon the defective product being returned to Norman within 90 (ninety) days after the purchase date. The Customer can, with the restrictions stated in Part 1, section 1.8 ("Limitation of liability"), claim compensation for its loss as a result of such circumstances.

In the event of incorrect or unauthorised use, the purchase price of the Program will not be refunded and no corrected product will be returned. The Customer does not have any remedies for breach against Norman other than those expressly stated above.

If ownership structure or corporate changes at the Customer affect the license relationship, Norman must be informed of this. The Agreement may then be revised.

2.6 Updating

Norman will continuously update the Program during the agreement period, limited to the main version of the Program. "Main version" refers to the number of the Program without decimals, so that for example 7 and 8 are two different main versions, while 7.1 and 7.2 are part versions of the same main version and therefore included in the price.

2.7 Services to third parties

If the Customer wishes to provide services that in whole or in part are based on the Customer's use of the Program, for instance (but not limited to) use of the Program to analyse infected files received from third parties, the Customer must conclude a separate license agreement with Norman for such use. Neither may the Customer give third parties access to the Program, without concluding a separate license agreement with Norman for such use.

In this connection, third parties shall mean private individuals as well as any companies outside the Customer Group. The term "Customer Group" is limited to the Customer and any company which is owned by or owns or is under common ownership with the Customer, with "ownership" and "own" meaning direct or indirect ownership of more than 50 percent of such company.

The Customer has the sole liability for any services that are provided based on the Customer's use of the Program.

Part 3 - Special Terms and Conditions for Services

3.1 General terms and conditions for services

3.1.1 Description of the services

The product sheets at www.norman.com describe the requirements for the services that Norman offers. Norman provides no promises, warranties or guarantees for the services beyond what is explicitly stated in the product sheets.

3.1.2 Duration

Maintenance services run for a period of one to three years from the purchase date depending on the Customer's agreement with Norman. The Agreement will then be renewed for rolling 12 month periods unless it is terminated in accordance with the provisions in Part 1, section 1.2 ("Termination") above.

3.1.3 Assistance

Assistance at the Customer's premises is considered consultancy services and will be invoiced in accordance with the at all times applicable rates for consultancy services.

3.1.4 Telephone support

The Customer can find an overview of Norman's at all times applicable terms and conditions for telephone support at www.norman.com.

3.1.5 Invoicing and customer service

Maintenance services during the agreement period will be invoiced in advance. Each invoice will incur a postage and handling fee.

If you wish to contact customer service you can contact your local Norman office. Contact information can be found at www.norman.com.

3.1.6 Termination of maintenance

If an error is of major importance to the Customer's use of the Program and no improvement is achieved from support or further updates, the Customer has the right, within a period of 180 days after the Program has been received, to terminate the agreement for maintenance.

 

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Section C - Privacy Statement

(applies to both consumers and businesses)

Last updated: September 2012

The Customer's privacy is important to Norman, as is Norman's desire to delivering products that help the Customer in its day-to-day personal computing. Norman only processes personal data in compliance with applicable personal data legislation.

Norman provides products and services (jointly hereinafter referred to as products) for business laptops, desktops, servers and networks to protect against malicious software such as trojans, spyware, viruses, worms and other potentially unwanted software. Norman's products also help the Customer stop other type of unwanted content like spam, unwanted content on the web and other potential harmful content from Internet based systems or services.

Norman only uses personal data as described in this Privacy Statement in order to fulfill Norman's obligations and to improve Norman's products.

This privacy statement explains the use of personal data in relation to Norman's product portfolio and services, including (without limitation) any products and services that are accessed by the Customer online. This Privacy Statement does not cover Norman's websites. Please refer to http://norman.com/about_norman/privacy_policy/ for the Privacy Policy for Norman's websites.

1.1 Encompassed products

This Privacy Statement describes the use of personal data in relation to Norman's own products. Norman and its subsidiaries may also provide products or services from other vendors, in which cases these products or services are subject to the respective vendors' Privacy Statements and/or regulations.

1.2 Collection and use of the Customer's personal data

If Norman needs the Customer's personal data (e.g. contact information such as name, address, email address) in order to contact the Customer, Norman will explicitly inform the Customer and ask for it, and not automatically gather it.

Personal data that the Customer provides upon Norman's request, will only be used by Norman, Norman's subsidiaries and Norman's affiliates.

The Customer's personal data may be used to provide the products that the Customer asks for or be used to improve Norman's products. For further information about Norman's use of information, please also see item 1.6 and 1.7 below. By providing information, the Customer will be regarded as having consented to such use of the Customer's personal data.

Except as described in this statement, the Customer's personal data will not be transferred to third parties without the Customer's consent. Norman occasionally hire other companies to provide limited services on Norman's behalf, such as answering customer questions about products or services, or performing statistical analysis of Norman's services. Norman will only provide those companies the personal data they need to deliver the service, and they are not allowed to use that information for any other purpose.

Norman may disclose personal data about the Customer if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Norman; (b) protect and defend the rights of Norman, Norman's subsidiaries, affiliates, resellers and agents (including enforcing Norman's agreements), or (c) act in urgent circumstances to protect the personal safety of Norman employees, users of Norman products, or members of the public.

Personal data collected by Norman may be stored and processed in Norway or any other country in which Norman or its affiliates, subsidiaries, resellers or agents maintain facilities. By using Norman's products, the Customer consents to any such transfer of information outside of the Customer's country.

1.3 Cookies

Norman may use cookies to store certain information from the Customer's browser. A cookie is a small file which is placed on the Customer's computer. Norman may use session ID cookies to confirm that users are logged in. Session ID cookies terminate when the browser is closed.

Further, Norman may use persistent cookies to store information about the Customer's use of Norman's websites. Persistent cookies are stored on the Customer's computer for a longer period of time, but do not process any information that can be used to identify the Customer.

1.4 Data back-up

1.4.1 General

When the Customer is backing up data with Norman, the Customer also sends file system information, hereunder names of files and directories, to Norman. Norman may record the Customer's IP address from which the information is sent.

1.4.2 Rules for data back-up

The following rules apply to Norman's processing of information in connection with back-up:

  1. Norman does not sell or market personal information of registered users to third parties.
  2. Norman does not view the content of the files that Customers store with Norman's data back-up services.
  3. Norman may access the Customer's file system information to provide technical support (but will not access the content).
  4. Norman may share aggregated (i.e. non-identifiable) information about users, such as the average number of files for all users.
  5. Information collected by Norman may be used to improve the services, for auditing and for research and development work in order to maintain, protect and improve Norman's products and services.

1.5 Securing the Customer's information

Norman is committed to protecting the security of the Customer's information. Norman uses different technologies and processes to accomplish this and to comply with the requirements regarding information security and internal control routines following from applicable data protection legislation.

When using e-mail and instant messaging, the Customer must take into account that these methods are not recognized as secure methods of communication. The Customer should therefore be careful when sending information via e-mail and instant messaging, and in particular when it comes sensitive personal data and other information that could be abused by third parties.

1.6 Information collected, processed, or transmitted

Norman is collecting information to identify and mitigate threats at an early stage. By contributing, the Customer become part of the Norman Protection Community, and will benefit from information from other community members. Norman only processes the Customer's personal data on an aggregated level in relation to Norman Protection Community. No information is transferred from one member to another.

Norman's software may collect information about the Customer's computer and its software. This may include information about the computer environment, like location/country set in the operating system, operating system version and patch level, language used, hardware configuration and the status and statistics from installed Norman software and other related information.

If Norman's products encounter any problems while running on the Customer's computer, information such as status information about the Customer's computer as well as running processes, performance information, the file name that was processed when the error encountered, cryptographic hash, vendor, size, date stamps and other related information may be processed. In addition Norman reserves the right to process full URLs to indicate the origin of the file, which may occasionally contain personal data such as search terms or data entered in forms.

Norman also reserves the right to collect the Internet Protocol (IP) address and/or Media Access Control (MAC) address of the computer(s) on which Norman is installed, as well as other general, statistical information used for license administration, product analysis, and for improving product functionality. This information will, however, not be correlated with any personally identifiable information.

By using Norman`s products the Customer will be regarded as having consented to the use of data described here.

1.7 Use of information

Collected data and reports are used to improve Norman's products. The reports may also be used for statistical or other testing or analytical purposes, trending, and generation of virus signatures. Access to the reports is limited to Norman employees, contractors, and vendors who have a business need to use them.

By using Norman`s products the Customer will be regarded as having consented to the use of data described here.

1.8 Amendments of this privacy statement

This privacy statement may be revised and amended by Norman from time to time.

A link to an updated version of the privacy statement will be available for the Customer at the product pages on Norman's website. The Customer's continued use of Norman's services and/or products will constitute an acceptance of the updated privacy statement.

1.9 For more information

If the Customer has questions about Norman's processing of personal data or this Privacy Statement in general, please contact Norman by email at privacy@norman.com or by phone (see www.norman.com for phone numbers to your local Norman contact).

 

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Section D - Third-Party Licenses

Norman's software may include third party material, subject to a separate license. Third party license information is displayed below.


Raphaël 2.1.0 - JavaScript Vector Library

Copyright © 2008 Dmitry Baranovskiy

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.


jQuery JavaScript Library v1.7.2

Copyright 2012 jQuery Foundation and other contributors

http://jquery.com/

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.


Jansson

Copyright (c) 2009-2012 Petri Lehtinen

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.