Terms of use
The following terms and conditions apply to the use of Globeracer®, including film material, music and software supplied by Globeracer AS, hereinafter referred to as the Supplier.
Usage license
A user license is that which is granted upon entering into an agreement between the Customer and the Supplier, is not exclusive, cannot be transferred or sub-licensed, and is to be considered a single licence. This user license gives the Customer the right to use Globeracer®, including associated film material, music and software ordered by the Customer, under the terms and conditions that are in force at any given time. The user license is not exclusive and cannot be traded.
A valid license obliges the Supplier to continuously maintain Globeracer® to ensure stable operation.
The customer's right to use Globeracer® is contractual and limited to the premises where Globeracer® is installed.
Agreement period
Unless otherwise agreed in writing, the agreement runs without a binding period. If the Customer wishes to terminate the agreement, the Supplier must be notified of this in writing. The agreement runs as long as there is no written termination from the Customer.
Invoicing
The user license is invoiced in advance each month and from the first full month after the conclusion of the agreement.
Change in the agreement
The supplier reserves the right to make changes to this agreement. If changes as mentioned become applicable, the Customer must be notified of this in writing as soon as possible and at the latest within 14 days before the changes are implemented.
In the event of price changes, the Customer must be notified of this in writing no later than 3 months in advance.
Conditions
The customer is himself responsible for installing the Internet with the line capacity specified by the Supplier. The customer is dependent on an internet connection to be able to use Globeracer® fully, program updates, access to new films and programmes.
By installing Globeracer®, the Customer agrees to:
- do not license or lend all or part of Globeracer® to third parties;
- do not copy or duplicate all or part of Globeracer® or use Globeracer® in any other way than for the above purposes;
- do not modify or decompile all or part of Globeracer®;
- do not incorporate all or part of Globeracer® into another program;
- only use Globeracer® for its intended purpose, and not in an illegal manner or with illegal intentions.
The customer is not entitled to transfer his right to use Globeracer® to others.
This clause shall continue to apply after this agreement has been terminated regardless of reason.
Property rights
The Customer acknowledges and will respect the Supplier's exclusive ownership of the following within Globeracer®; film material and software and all intellectual property rights, including trademark and design rights. All of the music supplied by the Supplier in connection with Globeracer® has been freely purchased by the Supplier and is limited to the use regulated by the Supplier.
If the agreement is terminated or otherwise terminated, the Supplier shall have the right to delete the Supplier's content located on the Client's client computer.
Trademark is owned by the Supplier. Trademark here means any registered and/or unregistered trademark for the Supplier and any incorporated characteristic for Globeracer® and the Supplier's goods and services.
Marketing
The Supplier has the right to use its trademarks on products manufactured and delivered by the Supplier to the Customer. Under no circumstances does the Customer have the right to remove trademarks from products supplied by the Supplier.
The customer has the right to use the Supplier's trademark in its marketing and campaigns. The Customer must inform the Supplier about the design of material, including presentation on the Internet, video, etc., which must be approved in advance by the Supplier.
If the Supplier wishes to use the Customer's trademark(s) in connection with the marketing of the Supplier and the Supplier's goods and services, the Supplier must clarify this in writing with the Customer.
When using the trademark(s) as mentioned, both parties are obliged to act in a way that will not damage Globeracer®, the reputation or the company of the Supplier or Customer.
Confidential Information
In cases where confidential information is provided between the Supplier and the Customer, both parties are each obliged to keep the exchanged information confidential and not to pass on any form of confidential information, nor to use such information for purposes other than for the fulfillment of duties and rights in accordance with the agreement(s) entered into between the Customer and Supplier. Both parties themselves are responsible for marking in writing which information is to be considered confidential, and for having procedures that guarantee confidential information secure treatment.
This clause shall continue to apply after this agreement has been terminated regardless of reason.
Supplier's guarantees and obligations
The Supplier must himself or through others remedy errors and defects in the Product delivered by the Supplier as long as there is an active license between the Customer and the Supplier. The rectification must take place within a reasonable time after the Supplier receives an error message from the Customer.
Rectifications of errors and defects due to the Customer's use or lack of maintenance, or other conditions for which the Customer is responsible, will be invoiced according to the Supplier's usual rates for such work. The customer is responsible for the consumer's actions.
For third-party hardware, the warranty provisions given by the respective manufacturers apply.
The supplier must provide training in the use of Globeracer® and certify instructors in accordance with what is stipulated in the contract(s) entered into between the customer and the supplier.
The Supplier guarantees that all licenses and rights necessary to operate the installation installed and instructed by the Supplier are the Supplier's responsibility and cost.
The supplier is not responsible for indirect losses as a result of errors or defects in Globeracer® or hardware, and goods or services connected therewith.
Default
If the Customer uses Globeracer® in violation of the current terms and conditions or does not fulfill what is stipulated in the agreement between the Customer and the Supplier, there is a breach of contract.
In the event of significant default, the Supplier has the right to terminate the agreement and withdraw Globeracer® with immediate effect. If the Supplier withdraws Globeracer®, the Customer loses his right to use Globeracer® and the amount paid will not be refunded.
By substantial breach here is meant use of all or part of Globeracer® beyond what is stipulated in the agreement, breach of Terms and conditions and use of Globeracer® outside the location restrictions regulated in the agreement(s).
Privacy
Personal training data that is collected and logged from each individual end user is handled in accordance with the applicable legislation for personal data for each individual country. Collection of training data shall only be limited to the extent necessary to give each individual user of Globeracer® full benefit of the system.
Collection of training data via mobile application is regulated in a separate agreement.
Transfer of rights
The supplier has the right to transfer all rights and responsibilities to a third party
Termination of agreement
In the event of force majeure events that make it impossible to carry out the agreement(s) entered into between the Customer and the Supplier, the agreement(s) entered into ceases. In the event of force majeure, both parties are released from their obligations.
Disputes
This agreement is governed by Norwegian law. Violations of the applicable terms and conditions for use of the Product are governed by Norwegian law. Any dispute regarding the agreement must primarily be resolved amicably. Any disputes that cannot be resolved through negotiations shall be resolved by the ordinary courts with Bergen District Court as the agreed venue.