LINKED2 AS End User License Agreement (EULA)
This End User License Agreement (Agreement) sets forth the legal contract between you as an end user (“User” or “You” or “Your”) and Linked2 AS., along with its subsidiaries and affiliates (“Linked2” or “We” or “Our”) with respect to access to and use of Linked2’s software (“Software”) and any associated materials or content (“Content”) made available through Linked2’s websites, including www.Linked2.no (with Software and Content collectively representing the “Services”), as well as any support provided by Linked2 (“Support”).
1. LINKED2 SERVICES
a. Grant & Scope of License. These Terms apply to all Users of the Services. Linked2 grants you a personal, non-exclusive, non-transferable, limited license to use the Services solely for your personal or internal use and subject to the condition that you do not violate the General Restrictions on Use.
b. Ownership of the Services.
As between You and Us, We retain all right, title and interest in and to the Services, the Content, and all documentation and tools, and all related intellectual property rights. The Services as a whole are copyrighted as a collective work, and individual works or content appearing on or accessible through the Services owned by or licensed to Linked2 or its content providers are likewise subject to copyright protection domestically and internationally. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Services, including its “look and feel”, constitute trademarks, trade names, service marks, trade dress or logos (“Marks”), whether or not registered, of Us or other entities. All Marks not owned by Linked2 that appear on the Software are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services.
As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Access to and use of password protected and/or secure area of the Services is restricted to authorized Registered Users only, subject to the additional terms and conditions in the Registered User Section below. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
d. General Restrictions on Use.
In connection with your use of the Services, you agree not to, nor to allow or facilitate a third party to:
copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Services, or any other Content available via the Services; modify the Software, or any part thereof, in any form or manner, nor to use any modified versions of the Software, for any reason whatsoever, without the express written consent of Linked2; make commercial use of or redistribute any Content, materials, or information contained on or offered through the Services, unless expressly specified in a prior agreement between you and Linked2; circumvent or manipulate any applicable fee structure, billing process, or fees owed either to us or to our third party providers; use the Services or Support for illegal purposes or for promotion of dangerous activities; violate any local, state, national or international law Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the Services or servers or networks connected to either, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services through hacking, password mining, phishing or any other means, obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services or use any materials or information obtained through any means not intentionally made available through the Services; upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code or any other technologies that may harm us or the interests, information or property of Users or limit the functionality of any software, hardware or other equipment; or circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services; use the Services in any manner other than as permitted by this Agreement.
e. Registered Users.
In order to access and use the Services available to a Registered User, you maybe required to set up an Account with Linked2. In this case You are solely responsible for maintaining the confidentiality of your Account, and warrant that you will not share your Account with any third party. You are solely responsible for any and all use of your Account and you agree (i) to be responsible for any act or omission of any users accessing the Services under your Account that, if undertaken by you, would be deemed a violation of this Agreement, and (ii) that such act or omission shall be deemed a violation of this Agreement by you.
Please notify us immediately if you become aware that your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to this Agreement. By registering another person, group or entity you hereby represent that you are authorized to do so. Individuals and/or entities whose access to the Services has previously been terminated by Linked2 may not register for a new Account, nor may they designate other individuals to use an account on their behalf. Notwithstanding the foregoing, you hereby expressly permit Linked2 or its authorized partners to access your Account in order to investigate and diagnose actual or potential defects or other technical problems with the Services and to investigate security risks or fraud.
You agree to register using your real name and you agree that any information you submit about yourself is truthful and accurate. You warrant and represent that all information you provide to us as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Services (or any portion thereof) and any license(s) to the Services.
f. Age Restriction. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are at least 13 years of age. If you are under 13 years of age, you may not use the Services without the assistance of a parent or guardian.
a. Your rights under this Agreement will automatically and immediately terminate if you fail to comply with your promises and obligations stated in this Agreement. You understand and agree that upon termination of this Agreement or termination of your use of the Services, we retain the license rights granted to us under this Agreement. Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in your Account for fourteen (14) days after the termination of your Account. After fourteen (14) days, we may delete your information from our servers except as required by law or as otherwise agreed to between you and us. You understand that if you want to use our Services after termination of your Account, you may need to re-register with us.
b. Without limiting other remedies, we also reserve the right to take technical steps against a User, including suspending or terminating the User’s Services or Accounts or delaying or removing any Content, as well as the right to take legal steps against a User, if we think that a User is creating possible legal liabilities, infringing the intellectual property rights of us or third parties, acting in violation of this Agreement, or acting inconsistently with the letter or spirit of our policies.
c. In the event that Customer has a monthly subscription with Linked2, Customer may terminate its use of the Services by providing at least 30 days’ written notice of its intent to terminate.
Payment of Fees.
You will pay to Linked2 all license fees no later than the payment terms describe on the Linked2 invoice, unless you have a written agreement with express pricing terms executed by an authorised Linked2 representative. Linked2 retains the right to change the pricing at any time with notice to users.
4. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY; INDEMNIFICATION
a. NO WARRANTIES. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED ”AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. LINKED2 AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT WARRANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES OR THROUGH LINKED2 ARE OR WILL BE ACCURATE, CURRENT, ERROR-FREE, VIRUS FREE, RELIABLE OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THE SYSTEM IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. LINKED2 IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. LINKED2 DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SYSTEM; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES.
b. LIMITATION OF LIABILITY.
USE OF THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT WILL LINKED2 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF LINKED2 WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF LINKED2 TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE USE OF THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND LINKED2 RELATING TO THE PROVISION OF THE SERVICES AND LINKED2 WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL LINKED2 OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM FORCES OF NATURE, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
c. Indemnification. To the extent permitted by applicable law, you agree to
defend, indemnify and hold harmless Linked2, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the
Services; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Services.
5. GENERAL TERMS
a. Modifications to Terms.
We may change this Agreement from time to time. Any such changes will become effective when posted on support.Linked2.no. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Agreement, inclusive of such changes.
We reserve the right to modify the System and/or Services at any time without notice. If you object to any changes to the System or Services, your sole recourse will be to cease using them. Continued use of the System or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the System and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the System or the Services.
b. Electronic Communications.
The communications between you and Linked2 use electronic means. For contractual purposes, you (a) consent to receive communications from Linked2 in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Linked2 provides to you electronically have the same effect as if they were provided in writing and signed by you in ink. The foregoing does not affect your non-waivable rights.
c. Conflicting Terms.
Except as otherwise specifically provided in this Agreement, in the event of a conflict between the terms and conditions of this Agreement and any separate services agreement (“Services Agreement”) executed by You and an authorised Linked2 representative, as they apply to the relationship between Linked2 and You, the terms and conditions of that separate Services Agreement shall govern.
d. General Agreement.
You agree to comply with all laws, rules and regulations that apply to your use of the Services. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you without prior written consent from us, but may be assigned by Linked2 without restriction.
User Support: (first line support)
User support is provided through the product notifications screen and FAQs at support.linked2.no.
The language of support is provided in English.
End user 1st line support is provided via the Linked2 partner or reseller.*
Second line support is per agreement with the Linked2 reseller/partner..*
In the event of the answer not being forthcoming from the notifications or website, the subscriber may contact their 1st Line support contact.
In the event of needing 2nd line support the Linked2 reseller/partner will coordinate as per their support agreement with Linked2 directly.
*unless the end user already has an agreement with Linked2 for direct support through an existing product license.
Handover cases from the reseller
In the event your reseller no longer supports your product you may obtain a direct support agreement with Linked2.
Linked2 require documentation to support the produt that has been setup through the reseller.
When the product has been approved only then is support included as described in this document, until then a fee maybe charged in re-setup and testing.
Support does not include change requests or changes of functionality. These can be submitted via support and will be billed on agreement of the change with date and price.
Technical problems: (second line support)
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Linked2 Solutions.
While aiming to respond as quickly as possible to any such request Linked2 Solutions does not offer any guarantee of response time.
Linked2 products and services run on a variety of servers and along side many third party products.
If Linked2 asses the technical problem as contributed by a third party software or hardware problem or other non Linked2 product/service error there will be a fee for investigation and resolving the issue.
Some technical issues beyond the control of Linked2 will be referred back to the Linked2 customer to resolve themselves before the support case can continue.
Any time a Linked2 consultant is asked to login and check a third party server, make a re-installation, or check/investigate activity related to a 3rd party server there will be an hourly fee charged.
3. Service availability:
Whilst Linked2 Solutions intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason Linked2 Solutions has to interrupt the Services for longer periods than Linked2 Solutions would normally expect, Linked2 Solutions will use reasonable endeavors to publish in advance details of such activity on the Website.