Agreement between the CUSTOMER and MELLORA AS.
End user licence for software and accompanying raw data from Mellora AS, hereinafter called the SOFTWARE. This is a legally binding agreement between the CUSTOMER (physical or legal individual) as the end user (hereinafter called the USER) and Mellora AS (hereinafter called Mellora).
BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THE AGREEMENT, YOU ARE NOT ENTITLED TO INSTALL OR USE THE SOFTWARE.
USAGE RIGHTS.
A licence for use of the SOFTWARE is granted; it is not sold. Consequently, you will receive a limited and ongoing right to use the SOFTWARE. You have the right to install the SOFTWARE on as many devices (smartphones and/or tablets) corresponding to the number of licences you have purchased if this has been specified in the contract. You may choose the number of devices on which these licenses shall be used, but you may not create more users in total than the number for which you have purchased licences. Users may not be shared between several people.
Electronic licence check
Mellora reserves the right to electronically check that the required licence agreement has been signed and that payment for the SOFTWARE has been received. Mellora has the right to block access to the SOFTWARE in the event of non-payment of the user fees.
Storage of data
When the software runs on servers used by Mellora, Mellora undertakes to store all registered information in a secure manner to prevent unauthorised access to information. Mellora do not run any host service / servers but have outsourced this to Uniweb AS in Tønsberg, Norway. You are responsible for proper backup and security procedures for the software installed on your devices (meaning the app, as the database is a SaaS-solution). Mellora is not liable for the information entered in the SOFTWARE. If the USER enters any personal information that is subject to special requirements in connection with the processing and storage of data under the provisions of the Norwegian Personal Data Act and EU-requirements sat in the GDPR, the software has a built-in function to mark such reports when submitting them, so that only qualified personnel with the correct access and user rights will be able to select as receivers of such kinds of reports. Furthermore, only users with necessary access rights to the software (database) will be able to view and process reports with sensitive content. When the CUSTOMER use Mellora’s database HSEQ Reports for the processing and storage of data, a separate Data Processing Agreement will be issued and signed by both parts.
INTELLECTUAL PROPERTY RIGHTS.
All intellectual property rights to the SOFTWARE (including all photographic and other pictorial expressions, animations, text and “small applications” incorporated into the SOFTWARE) shall be retained by Mellora or its suppliers or predecessor-in-interest. The SOFTWARE is protected by Norwegian copyright laws, international conventions and other applicable national legislation, including Act No. 2 of 12 May 1961 Relating to Copyright in Literary, Scientific and Artistic Works, etc. Thus, you must treat the SOFTWARE like any other copyrighted work (e.g. a book or musical recording). Mellora retains all rights not expressly granted to in this LICENCE AGREEMENT.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You are not entitled to rent or lease out the SOFTWARE. The right of disposal to the SOFTWARE is non-transferrable. You may not reverse engineer, de-compile or disassemble the SOFTWARE.
Limited warranty
Mellora only guarantees that the SOFTWARE is compatible with the current version of the OS on the contract date. Special adaptations of the SOFTWARE in accordance with the content of a signed contract are considered to be completed when the SOFTWARE has been approved and published in the respective SOFTWARE STORES. The product is supplied as “as-is”, i.e. the approved version (by the CUSTOMER) is the end product.
The CUSTOMER’s rights
The ordinary Norwegian Sale of Goods Act applies.
No other warranties.
Mellora disclaims any other guarantee liabilities, whether direct or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This disclaimer applies with regard to the SOFTWARE, the accompanying user manual and written material. The USER of the SOFTWARE is not entitled to hire external consultants and/or other contributors at Mellora’s expense without prior written agreement with Mellora. Any such claim without the prior written agreement will be rejected as unlawful.
Use of data
All information registered by the USER belongs to the USER. Mellora reserves the right to use customisation work as a reference project for marketing purposes.
COMPLAINTS, BREACH OF CONTRACT AND COMPENSATION
The ordinary Norwegian Sale of Goods Act applies.
MAINTENANCE OF THE SOFTWARE
You are obliged to pay an annual fee for the licence agreement. The licence agreement covers the latest version of the SOFTWARE (i.e. the back-end, not the mobile application if not using the Standard HSEQ Reports app, ref. Section. 3), bug fixes of the SOFTWARE and functionality upgrades. The licence agreement shall be payable in advance on a quarterly or annually basis. The licence follows the user. Invoices shall be issued in advance and according to the current price list at any one time. Mellora reserves the right to make new versions of the SOFTWARE and bug fixes of the SOFTWARE available for installation to the CUSTOMER via the internet or the like, instead of by means of a physical shipment. You agree to use the latest version of the supplied SOFTWARE and other necessary software required for the products to function as intended. Mellora is entitled to change the annual licence fee if the number of users increase to a higher level than stated in this contract or when our internal pricing and license models are changed. The client will be informed in written form before such changes is performed and both parties need to agree before taken in effect.
OPERATION/AVAILIBILITY
The service is normally in operation 24 hours per day, seven days a week, with the exception of short operational interruptions. The operation of the service is monitored at all times by third parties who provide server hosting services. The CUSTOMER acknowledges that short operational interruptions may occur. Any necessary fixes will be handled by Mellora within 24 hours after first noticing the interruption, but no time-guarantee regarding approval of necessary app-fixes can be given since it is Apple’s and/or Google’s review and approval times that controls this final part.
FORCE MAJEURE
The ordinary Norwegian Sale of Goods Act applies.
RESCISSION AND TERMINATION
The ordinary Norwegian Sale of Goods Act applies to any rescission of the licence agreement. The CUSTOMER may terminate the agreement by written notice to Mellora with three months’ notice time. In the event of changes to the licence pursuant to Section 5 of the licence agreement, the agreement may be rescinded with immediate effect.
THE NORWEGIAN SALE OF GOODS ACT
