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Dataloy may from time to time modify this Agreement and any referenced policies or other documents. Such modifications shall be published on Dataloy's website (Dataloy Support Home) and shall be legally binding for End User as from the date of the first yearly renewal thereafter of the mandatory Maintenance and Support Agreement entered into by End User pursuant to Section 8 below. In order to keep track of such possible modifications, End User shall be obliged to check all relevant documents prior to each yearly renewal of the Maintenance and Support ServicesAgreement.

2. DEFINITIONS

1. ”Agreement” shall mean this End User Agreement with incorporated references.
2. "Affiliate" shall mean any entity which End User directly or indirectly controls, through 50% or more voting control.
3. “Dataloy” means Dataloy Systems AS, a company duly registered under the laws of Norway, with company no. 984 316 453 and address Domkirkegaten 3, 5017 Bergen, Norway
4. “Date of Delivery” shall mean the day that the Licensed Software was received by the End User or made available to End User online by Dataloy as a Hosted Service.
5. “Documentation” shall mean user manuals and other published specifications related to the Licensed Software.
6. “End User” shall mean the company (or individual) purchasing Dataloy Software or Hosted Services and thereby submitting to the terms and conditions of this Agreement.
7. “Error” shall refer to the Licensed Software or part of the Licensed Software that does not operate in conformity with Dataloy's user manuals found in the Dataloy Knowledge Base.
8. “Hosted Services” shall mean any Software or service purchased by End User as a hosted service hosted by Dataloy, which among others may include online/on-demand versions of Licensed Software, mere hosting services, etc.
9. “Intellectual Property Rights" shall mean all and any intellectual property rights arising under statute, regulations, ordinance, common law, treaty, convention or otherwise, and whether or not vested or inchoate, including, without limitation patents and inventor's rights, copyrights and neighbouring rights, trademark rights, design rights, rights to trade secrets and Confidential Information, know how, etc.
10. “License” shall mean the limited usage right to the Licensed Software and/or Hosted Services granted to End User according to Clause 4 below.
11. “License Fee” shall mean the up front fee(s) payable by the End User for the right to use the Licensed Software and/or the Hosted Services according to the prices specified in the Price List in effect at the time of purchase.
12. “Licensed Software" shall mean the Software purchased by End User, either as a software product or a Hosted Service, through placement of order(s) as prescribed in this Agreement, including all updates, revisions, modifications, bug fixes, and new versions and releases thereof rightfully received by End User. Purchases are made by End User through submission of Dataloy's online order form and confirmed automatically through order confirmations generated by Dataloy.
13. “Maintenance and Support Fee” shall mean the yearly maintenance and support fee to be paid by End User, in addition to the License Fee, as long as the End User subscribes to Dataloy's Maintenance and Support Services.
14. "Maintenance and Support Services" shall mean such maintenance and support services as described in Maintenance and Support Services.
15. “Price List” shall mean Dataloy's standard price list at any time, stating the license fees (prices) related to Software products and Hosted Services. All prices are stated ex VAT and other applicable fees and taxes.
16. “Software" refers to any object code computer program or plugin included in the software suite offered by Dataloy at any time.
17. “User” shall mean any individual person rightfully authorised by the End User to use the Licensed Software in accordance with this Agreement.

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End User shall be obliged to purchase Maintenance and Support Services from Dataloy for all Licensed Software and Hosted Services covered by the License. Maintenance and Support Services are governed by Dataloy's standard terms and conditions available in the Maintenance and Support Services description. End User's License to use the Licensed Software and Hosted Services or any parts thereof according to this Agreement expires as of the date when the End User terminates it's subscription to Maintenance and Support Services.

All prices may be revised by Dataloy from time to time, usually influenced by consumer price inflation.

9. TRAINING

End User should ensure that its Users have a basic understanding of the capabilities and limitations of the Licensed Software and Hosted Services. All Users need the necessary training and competence to perform the work associated with the use of the Licensed Software and must study the relevant Dataloy user manuals found in the Dataloy Knowledge Base.

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The End User shall inform all of its relevant personnel that the Agreement has expired. The End User shall inform Dataloy in writing when the End User has completed his obligations on termination. The End User's obligations shall be fulfilled and notice shall be sent within fifteen (15) calendar days after termination.

13. EXTENSION OF AGREEMENT, ETC.

The End User may request additional licenses by adding additional Software to the Licensed Software and by increasing the number of authorised Users. For such additional licenses, separate order forms must be submitted and End User shall pay additional License Fee(s) according to the Price List. Such additional licenses, when activated (through actual use), will also increase the Maintenance and Support Fee(s). All additional licenses are subject to the terms and conditions of the Agreement.

14. WARRANTY

Dataloy warrants that it has all necessary rights to grant the License granted under this Agreement, and the End User'The End User may deactivate and reactivate its authorized Users at any time, but shall at all times have at least two – 2 – active Users. After expiry of the first year of the contract period, End User shall only pay Maintenance and Support Fee with respect to active Users at any given time. A User shall be deemed to be active when actually using the Licensed Software. Dataloy will each month collect information about the number of active Users within End User, to be used as basis for the calculation of the Maintenance and Support Fee.

14. WARRANTY

Dataloy warrants that it has all necessary rights to grant the License granted under this Agreement, and the End User's use of the Licensed Software will not infringe any copyrights or other protected rights of any third party.

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All notices to Dataloy to be given under this Agreement shall be in writing and shall be delivered personally or sent by airmail, by electronic mail, or by fax to the address set out Dataloy's order confirmation or to such other address as may from time to time be notified to End User. 

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