EULA

End User Licence Agreement (EULA)

By accepting this End User License Agreement (“EULA”), you agree to the terms and condition of this Agreement

1. Definitions and interpretation
In this Agreement, except where the context requires otherwise, the following words shall have the following meaning: “The Services” constitute either parts of or the whole application provided under the domain 24SevenOffice.com. License means the right for you to use the Services via the Internet and in a Web-interface, not the right to have a copy of the Services on your servers/computers. The licensor means 24SevenOffice AS, the legal entity that owns the right to the source code. Invoicing means all types of handling payments. An electronically sent invoice or a transaction through third party payment services, eg Credit card payment or online payment companies.

2. Entry into force
This EULA shall enter into force when you accept this EULA or start using the Service. The license shall remain valid for so long as the license fee and the ongoing monthly subscription are paid. The Licensor is obligated to offer the license for your prepaid period. For free versions of the Services, it is valid provided that the software has been used by the licensee during the past six (6) months. The account may be deleted without notice after expiring. Licensor shall store all data thirty (30) days after this EULA has expired. Licensor may amend the content in this EULA at any time. The revised version will be effective at the time it is posted on the website. In addition, if the revised version includes a substantial change, the licensee will be informed by an electronically notice. The Agreement is an important document which licensee must consider carefully when choosing whether to use the Services. This license replaces all former EULAs related to the Service.

3. The License
You are hereby granted a non-exclusive, non-transferable license to use the Services. The content of the Service is always subject to the discretion of the licensor, which is entitled to change the content without notice. The licensor have the right to change functionality in the Services when modules are upgraded. By executing this EULA the licensee accept information about Services and products offered by licensor and partners. Licensee also accepts to receive electronic invoice or automatic redraw from credit card. For any free Services delivered by licensor, you accept to receive advertisements for any Services and products. Information and advertisements can be delivered as banners, e-mails, SMS, text links or any other formats. If you have administrative rights to your account, you are responsible when accepting electronic orders of Services, third party services, products and consultant services from licensor and approved partners of licensor. The Licensor subsequently may choose to charge for the free version of the Services upon a six (6) months notice. The username and password to the Service must be kept secret from any other person. Licensor takes no responsibility for consequences if username and password should reach third party. If you should suspect any safety violations, you shall immediately take contact with the licensor. You cannot use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“Spam”). You may not store content of pornographic nature or other content that is conflict with local laws. If you use the Service to storing content that is considered to be personal data, it is your own responsibility to store this content on areas that is not accessible for End-users without permission to view this data. When using the Service, you are expected to comply with all requirements of law within such jurisdiction.

4. Limitation of Liability
Licensor’s liability, if any, and your sole and exclusive remedy for damages for any claim of any kind whatsoever arising out of or related to this agreement shall not be greater than the actual fees paid for the Services with respect to which such claim is made during the immediately preceding twelve (12) month period prior to the filing of the claim. Under no circumstances will licensor be liable to you or any third party for any consequential, special, indirect, incidental or punitive damages of any kind. Including, but not limited to, lost profits, lost data, business interruption, loss of business reputation or goodwill, or the cost of procurement of substitute goods or services, even if licensor has been advised of the possibility of such damages. This shall also include any system errors in the Service, user documentation and incorrect use of the Service. You shall bear financial responsibility for any additional work that must be carried out due to possible errors within the Services. The
licensor reserves the right to rectify any potential errors in the Services.

5. Warranty Disclaimer Regarding Services
By accepting this Agreement, you understand and agree that Services are provided “as is” and licensor expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or of fitness for a particular purpose. Licensor makes no warranty or representation regarding Services, any information, materials, goods or Services obtained through Services, or that Services will meet your requirements, or be uninterrupted, timely, secure or free from error or defect. Licensor disclaims and excludes any representations or warranties that the Services are compatible with any combination of Services or software not furnished by licensor which you or any Customer may choose to utilize with the Services.

6. Ordering of additonal services
By ordering any service in InStore or the menu, licensors services or third party services, you confirm that you have the rights from your employee to place such an order. You also confirm that your employee is aware of the order and that the licensee is accepting the payment responsibility for this service. You also confirm that you have read and accepted the terms and conditions for this services. If you ara a sole proprietorship or uses the Services in privat, you are responsible for accepting the payment responsiblility yourself.

7. Third party
The licensor is not responsible for support, customization or development carried out by third party suppliers. The Licensor is not responsible for commitment entered into by a third party that could represent an obstacle to the performance of this EULA.

8. System requirements
The Service is available on all web browser platforms, apart from some modules or functionality that require the latest version of Internet Explorer. For the best performance licensor recommend a minimum screen resolution of 1024×768. Licensor cannot guarantee against lag errors due to updates of browsers, operating systems or other external sources that are used to run the Service. Licensor can neither guarantee that all functionality will function as intended with all versions of different web browser, especially after web browser upgrades. The Service also include a mobile alternative with functionality specially adapted for this purpose. Mobile version may be priced separately.

9. Internet
The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Licensor is not responsible for any delays, delivery failures, or other damage resulting from such problems.

10. Disk Size
If nothing else is agreed upon in a separate Customer License Agreement (CLA), there is one (1) GB of disk size included per user. Licensor can at any time change the size of the disk size included.

11. Backup
It is the licensor’s responsibility to back-up the data on a daily basis and store the backup for five (5) days. The backup service includes restoration of data in the event of a potential server crash or a loss of data, caused by the system. The licensor warrants that the service does not entail the risk of losing data structures or data beyond one backup interval. Any failure of back-up routine is the responsibility of the licensor.

12. Data and Copy Rights
You are the owner of the data, while the licensor is responsible for the distribution of the data. All data is your property and you have full ownership of the data. The Licensor may, upon prior notice to the licensee, delete data considered harmful for the system or data that is illegal. The licensor also has the right to delete data on free versions that have not been used for the last six months. The source code, design and other aspects of the system are considered the licensor’s property and only the licensor have the ownership of it. You may not edit, copy, resell or in any other way distribute the Services absent a written agreement with the licensor.

13. Privacy
The licensor has a strong privacy policy. None of the information registered will be accessible to any third party without the consent of the licensee. The Licensor’s employees have all signed a comprehensive non-disclosure agreement. Only the necessary personnel have administration rights with regards to the client. Electronically stored data is licensees property and not the end-user of the Service. Email will automatically be stored in CRM and will be available for other users of the Service, if no other settings have been made. Licensor will store usage patterns for optimizing further development of the Service. The storage will only be used for these purposes.

14. Force Majeure
In case the implementation of this EULA is partially or completely prevented, or is hindered to a substantial degree by conditions beyond the control of the parties, the duties of the parties shall be suspended to the extent the conditions are relevant, and for such a period as the conditions continue. These conditions include, but are not restricted to, strikes and lockout and each condition that Norwegian Law would consider force majeure or that is beyond the control of the parties. However, either party may terminate this EULA if the case of the force majeure makes it particularly burdensome to maintain the EULA.

15. Disputes and governing law
Any conflicts shall be subject in the courts of Oslo, Norway and the EULA and the CLA is governed by Norwegian law.

Last edited: March 7, 2017
Updated paragraph about system requirements so that it is similar with the CLA.

Last edited: June 25, 2012