End User Licence Agreement
This End User License Agreement (the “Agreement”) applies to software which is downloaded or otherwise obtained (the “Software”) from Nomono (see company information on Nomono at the end of the Agreement). By downloading, obtaining, installing or otherwise using the Software, you accept the terms of the Agreement. If you do not accept the terms of the Agreement, you must delete the Software without taking it into use.
Please read the terms of the Agreement carefully, as they form the requirements for the use of the Software with your rights and obligations and retain a copy of the Agreement for your records.
Nomono reserves the right to change the terms of the Agreement if necessary.
1 The Software and rights hereto
The Software is developed and provided by Nomono for the use of end-users. Nomono is the rightful owner and licensor of the Software, and holds all rights to the Software, together with its suppliers and licensors (see below for third-party rights) if not otherwise stated in the documentation distributed together with the Software.
The Software is protected by copyright laws and international treaties protecting the right of Nomono. You have the right to use the Software with the limitations set forth below under “License”.
The Software is developed and provided for use together with services and/or products provided by Nomono. The purchase or services or products are subject to separate terms, see Nomono’s website for the terms, and the terms for services and products will also apply to the use of the Software to the extent relevant and applicable.
2 Right of use of the Software. License
By receiving the Software from Nomono, and by using the Software together with a Nomono product and/or services by Nonomo, you are granted a limited, non-exclusive right to install and use the Software.
Nomono may, however, terminate your rights under this Agreement at any time in case of a material breach of the Agreement.
The Software is for end-users only, see below, and you are not entitled to modify or distribute the Software.
You are not allowed to remove, alter or destroy any markings or notices placed upon or contained with the Software, such as information provided by Nonomo, trademarks, markings etc. You shall not use Nomono’s name or trademarks without Nomono’s prior consent.
The Software may be provided with certain third-party software or code. If information on third-party software, code or rights related to such are not provided with the Software, you may get such information by contacting Nomono.
3 Disclaimer of warranties. Limitation of liability
Any use of the Software is at your own risk as the Software is provided “as is” without any warranties or conditions whatsoever. Nomono or do not warrant that the functions of the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
Nomono disclaims all warranties, express or implied, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of responses or results, implied warranties of merchantability and fitness for a particular purpose.
In no event shall Nomono be liable for any indirect, incidental, special or consequential damages or for any damages whatsoever (including but not limited to damages for loss of business profits, business interruption, loss of business information, loss of privacy or other pecuniary or other loss whatsoever) arising out of use or inability to use the Software, even if advised of the possibility of such damages.
Regardless of the form of action, Nomono aggregate and total liability arising out of or related to the Agreement and any use of the Software shall not exceed the total amount payable by you under this Agreement, even if you have no obligation to make any payment under the Agreement. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent allowed by applicable law.
4 End-user customers only
The Software is for the use of end-user customers only, and you may not purchase the Software from Nomono for resale. Nomono reserves the right to terminate this Agreement and refuse the delivery or use of the Software if there are reasonable grounds to believe the Software is not being purchased for end use.
5 Miscellaneous
You may not transfer or assign any or all of its rights or obligations under this Agreement without the prior written acceptance by Nomono.
All notices given to Nomono must be given in writing through the contact information either given on our website or as informed directly to you.
If Nomono fails to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
6 Applicable law and dispute resolution
This Agreement is governed by and interpreted in accordance with Norwegian law.
Any dispute, controversy or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the Norwegian courts, with Oslo, Norway, as the legal venue.
7 Contact
The provider and owner of the Software are Nomono AS, incorporated in Norway under organisation number 922 172 676.
Nomono’s contact information:
Nomono AS
Strandveien 43
7067 Trondheim
Norway
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Version: March 2023