Published 16.11.2012
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 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 has obtained 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 precondition for cancellation due to the Customer not wanting to accept the terms and conditions of the Agreement are that:
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 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.
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.
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.
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:
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.
The processing of personal data which Norman receives in connection with this Agreement is regulated by Norman's applicable Privacy Statement.
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.
Unless otherwise 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.
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").
If the performance under the 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.
Subject to any restrictions under mandatory law, Norman's and its suppliers' 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, 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 and its suppliers. The limitation of liability applies even if Norman and/or someone for whom Norman is responsible has 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 (and unless otherwise expressly stated in writing, Norman's suppliers provide) 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 (and unless otherwise expressly stated in writing, Norman's suppliers) make 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 to Norman insofar as Norman (or to any supplier, insofar as such supplier) has caused the damage or loss through wilful breach or gross negligence.
Norman or Norman's suppliers and third parties hold any and all ownership rights, title and interests in and to any and all copyrights and other intellectual property and industrial rights in and to Programs, materials, documentation, other products, services and the 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.
The Customer is obligated to observe confidentiality and prevent other parties from obtaining 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.
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 deliverables and the services.
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.
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.
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.
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.
Except as otherwise provided by mandatory law, the Customer is granted a non-exclusive right to use the Program:
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.
Unless otherwise follows from mandatory legislation, the Customer does not have the right:
Norman and/or Norman's suppliers, dealers and third parties have copyrights and any and all other intellectual property and industrial rights in and to the Program, or otherwise relating to the services being provided, and future or related versions of this Program or such services.
Any rights which may arise as the result of the Customer's use of the Program in violation of this Agreement are hereby assigned to Norman and/or its suppliers 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.
Norman will only take responsibility for the Program:
If the Customer chooses to make use of automatic update 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 requires that the Customer's license be 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.
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.
The product sheets at www.norman.com describe the services that Norman makes available and the requirements for the services. Norman provides no promises, warranties or guarantees for the services beyond what is explicitly stated in the product sheets.
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.
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.
The Customer can find an overview of Norman's at all times applicable terms and conditions for telephone support at www.norman.com.
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.
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.
Norman Online Backup ("Online Backup") is an internet based back-up service for private persons which includes both software and services.
When purchasing Norman Online Backup, these special terms and conditions for Online Backup ("Terms and Conditions for Online 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 Online 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.
The agreement for the purchase of Online 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 Online Backup.
At any time during the agreement period, Norman has the right to terminate Online 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 Online 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 Online Backup before the Customer's access to the service expires. This applies regardless of the grounds for termination.
The Customer must establish its own user account to obtain access to Norman Online Backup. It is only permitted to establish one user account per Customer.
Online 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.
The age limit for the purchase of Online Backup is 18 years. If the Customer is younger than 18 years of age the Customer's account and data will be deleted immediately.
The Customer is obligated to ensure that registered data that is of importance to the use of Online 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.
Online 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.
The Customer receives a non-exclusive, non-transferable, strictly personal license to install and use one copy of the software in Online 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.
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 Online 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 Online 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:
Correspondingly, Norman reserves the right to block the Customer's access to Online 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.
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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