”Agreement” shall mean this End User Agreement with incorporated references.
"Affiliate" shall mean any entity which End User directly or indirectly controls, through 50% or more voting control.
“Dataloy” means Dataloy Systems AS, a company duly registered under the laws of Norway, with company no. 984 316 453 and address Domkirkegaten 3Halfdan Kjerulfsgate 4, 5017 Bergen, Norway
“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.
“Documentation” shall mean user manuals and other published specifications related to the Licensed Software.
“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.
“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.
“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.
“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.
“License” shall mean the limited usage right to the Licensed Software and/or Hosted Services granted to End User according to Clause 4 below.
“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.
“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.
“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.
"Maintenance and Support Services" shall mean such maintenance and support services as described in Maintenance and Support Services.
“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.
“Software" refers to any object code computer program or plugin included in the software suite offered by Dataloy at any time.
“User” shall mean any individual person rightfully authorised by the End User to use the Licensed Software in accordance with this Agreement.