This license agreement (the "License Agreement") is entered into between you and Norman Data Defense Systems Holding ASA.
This is a license, not a sale. The Norman Data Defense Systems Holding ASA ("Norman", "we" or "us") software product is provided under the following License Agreement which defines what you may do with the Product (as hereinafter defined), and contains limitations on warranties and remedies.
This License Agreement applies to Product(s) for which license is purchased in Norway and outside of Norway. In markets where the Product is delivered with a local license agreement, the local license agreement shall be valid and shall prevail in the case of controversy or inconsistency with this License Agreement.
LICENSE
IMPORTANT:
You must read this License Agreement carefully before using the Product. If you do not agree to its terms, return the complete Product to the Dealer from which you acquired the license within 15 days of the acquisition, for a full refund. Using the Product indicates that you have read this License Agreement and acknowledged and agreed with its terms.
This License Agreement is your proof of license. Please treat it as valuable property.
1. USE
LICENSE:
Norman provides you with an electronic version or a storage media containing a computer software program (the "Program"), a user manual and accompanying documents (together called the "Product") and grants you a right to use the Product in accordance with the terms of this License Agreement. The copyright and all other rights with regard to the Product shall remain with us or our suppliers, except for the rights which are expressly granted to you under this License Agreement.
YOU MAY:
Use the Program only according to the specifications in this License Agreement.
On standalone computers:
You may use the Program on standalone computers. You must acquire a license for one copy of the Program for each computer on which the Program will be installed.
On shared network:
You may use the Program in a network, provided that you have purchased a number of licenses to the Program which equals the maximum number of copies of the Program in use at any time.
If you wish to use the Program for more users, you will need a further license for each such additional user.
Make one copy of the Program for archive or back-up purposes. If you have the right to use the Program on your office PC, you may make one copy of the Program for use on your home PC. Transfer the license to use the Program on a permanent basis to a new user provided that you transfer all prior versions and the latest version of the Program. Such a transfer must also include this License Agreement and all documentation accompanying the Program. The new user must agree to the terms of this License Agreement prior to the transfer. We must be notified of such a transfer.
2. RESTRICTIONS
YOU MAY NOT:
Make any changes to the Program, meaning modify, merge, translate, adapt or alter in any manner. Furthermore, you may not perform any type of decompiling, disassembling or reverse engineering to the Program. This does not affect your rights under any legislation implementing the EC Council Directive on the Legal Protection of Computer Programs, including the provisions of the Norwegian Copyright Act Section 39h and Section 39i.
Loan, license or rent the Program or any copy of it. Transfer evaluation versions of the Program for commercial purposes.
3. INTELLECTUAL PROPERTY RIGHTS
Norman Data Defense Systems Holding ASA and its suppliers retain and are the owners of all intellectual property rights to the Product. These rights are protected by intellectual property legislation (including, but not limited to, trademark and copyright laws) in Norway and in foreign jurisdictions and by international treaty provisions.
Norman Data Defense Systems Holding ASA retains all rights to the Product not expressly granted to you.
LIMITED WARRANTY
We warrant that the Program:
Is substantially conform with the applicable user documentation. If the Program is not substantially conform with the applicable user documentation, we will, at our option, refund the amount you paid for the Product or issue corrected items at no charge provided that the defective item(s) are returned to us within 90 (ninety) days from the date of purchase.
Will be distributed on a media that is free from defects with regard to materials and workmanship (this section 4.1.b does not apply if the Program was downloaded in electronic format).
Will be free from defects with regard to materials and workmanship in the manufacture of the product in a period of 90 days from the date of purchase. We will, at our option, refund the amount you paid for the Product or issue corrected items at no charge provided that the defective item(s) are returned to us within 90 (ninety) days from the date of purchase.
If misuse or unauthorised changes occur to the Program, the rights granted to you under this section 4 will not apply.
5. LIMITATION OF LIABLILITY AND WARRANTY
The Product is provided "as is" without any other warranties or conditions, express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing - except for the express limited warranty granted to you in section 4 above.
The entire risk as to the results and performance of the Product is assumed by you. In no event will we be liable for indirect, special, incidental, tort, economic cover or consequential damages arising out of the use of or inability to use the Product, including without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages or for claims by a third party. We will in no case be liable for financial damages that exceed the amount paid by you for the license to the Program out of which such a claim arose.
Some states/countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages in circumstances which are defined at law. The above limitation may therefore not apply to you.
6. TERM
This License Agreement shall continue for as long as you use the Product. If you have received or downloaded the Product as an evaluation version, this license will only be valid for the period of time the evaluation period lasts. The evaluation period will be stated in the Product and/or in an accompanying offer or on the web site from which it is downloaded.
If you fail to comply with any of its terms or conditions, we have the right to terminate this License Agreement. All copies of the Product must be destroyed if the License Agreement is terminated. The Limitation of Warranties and Liability above shall continue in force even after any termination.
7. GOVERNING LAW
This License Agreement shall be governed and construed in accordance with Norwegian law.
