End User License Agreement
This End User License Agreement set forth the agreement between you and Compodium International AB (hereinafter “Compodium”) and shall apply when you download, install, access and/or use the services and/or software (hereinafter the “Products”) of Compodium. These terms apply and constitute a binding agreement between you and Compodium, regardless of whether you get access to Products directly from Compodium or via any third party.
2. License terms
3.1. The license explicitly includes no other rights besides those specified in section 2.
3.2 Unless Compodium has specifically permitted such use in writing in advance, you are prohibited from
a) using the Products for other purposes than that for which it is intended according to any documentation provided by Compodium;
b) violate any applicable laws, rules or regulations in connection with your access or use of the Products;
c) transferring, sub-licensing or in some other way providing the Products for use by a third party;
d) amending or developing the Products or any part thereof;
e) establishing that the Products are your property;
f) producing copies of the Products, or parts thereof;
g) excluding the explicit exception resulting from section 26 h of the Swedish Copyright Act (1960:729), decompiling, disassembling, reverse engineering, attempt to derive the source code or in some other way trying to ascertain how the Products functions or engaging another party to do so;
h) developing other software that in some way makes use of the Products in a way other than as set out in the specifications and/or instructions provided by Compodium; or
i) ”hacking” the Products, introducing a virus, Trojan horses or other malware into the Products or trying to do any of the above.
4. Intellectual Property rights
4.1 All intellectual property rights and all other rights in or regarding the Products belong to Compodium or to a third party licensor contracted by Compodium. Nothing in this agreement shall constitute the transfer thereof. You agree to do and execute, or arrange for the doing and executing of, each necessary act and document that Compodium may consider necessary or desirable to protect the right, title and interest of Compodium in and to the intellectual property rights in the Products.
4.2 The ownership of the data owned or created by you and contained in the Products shall remain with you without restriction. Your data is used by Compodium only to provide the Products to you. You shall ensure that Compodium is entitled to use your data to the extent that this is required to fulfil its undertakings hereunder.
4.3 You shall use reasonable endeavors to prevent any infringement of Compodiums intellectual property rights in the Products and shall promptly report to Compodium any such infringement that comes to your attention.
5. Suspension and Termination
5.1 Compodium shall be entitled to, at any time and without prior notice, suspend your access to the Products, in whole or in part, in order to protect the Products from unauthorised attack or the like.
5.2 Compodium may terminate any license granted to you hereunder and/or any access to the Products, in whole or in part, with immediate effect if you have breached any license terms hereunder or if Compodium has reason to believe that you have breached any license terms hereunder. This shall include any breach of instructions, guidelines or policies provided to you by Compodium.
5.3 Upon cessation of the license for any reason under these license terms, you shall immediately cease all use of the Products. In addition, you shall immediately either erase or return copies of the Products, if any, according to separate instructions from Compodium hereof.
5.4 Whatever the reason for the cessation of the license granted hereunder, the provisions of sections 3, 4, 6 and 9 shall continue to apply between the Parties after cessation of the license.
6. Confidential Information
6.1 The parties undertake, without limitation in time, not to disclose Confidential Information to third parties and to handle Confidential Information in a secure manner. “Confidential Information” shall mean all information – technical, commercial or of another type – irrespective of whether such information is in writing (whether or not marked as confidential) or oral which a party has obtained from the other party or which is otherwise disclosed in conjunction with the performance by a party of its undertakings pursuant to these license terms.
6.2 Notwithstanding the provisions of section 6.1, a party shall be entitled to disclose Confidential Information which a party, according to law or order issued by a competent court of law, is obliged to disclose. During pending proceedings before a competent court of law, a party shall also be entitled to disclose Confidential Information in conjunction with discussions with witnesses and otherwise make use of such information within the context of the legal proceedings. In addition, a party shall be entitled to communicate Confidential Information to its legal representatives, accountants and other professional advisors who are bound by duties of confidentiality.
7. Use of the Products and Limitation of Liability
7.1 Compodium does not warrant that the Products will be compatible or interoperable with your device or other hardware, software, equipment or device installed on or used in connection with your device. You acknowledge and agree that Compodium shall have no liability to you for any losses suffered resulting from or arising in connection with your use of the Products.
7.2 You acknowledge that you are responsible for addressing any third party claims relating to your use or possession of the Products, and agree to notify Compodium, or such third party from whom you have received access to the Products, of any third party claims relating to the Products of which you become aware.
7.3 Compodium does not represent or warrant that the Products, the use of the Products or any information provided in connection with the Products will be free from defects, delays, inaccuracies or errors. The Products are provided “as is” to you and you hereby release Compodium from any liability resulting from your use or possession of the Products.
7.4 Compodium has no obligation to maintain or support the Products. However, Compodium may, in its sole discretion, update or modify the Products at any time. Compodium has no obligation to notify you in advance of any such changes and/or modifications to the Products.
Compodium may modify these license terms by posting a revised version and you will be notified about such revised license terms when accessing the Product. Such revision may include, but shall not be limited to, changes (i) required by law, regulation or court order (or is made in anticipation of an impending change in applicable law or regulation), or (ii) made in the ordinary course of Compodiums business, applicable to substantially all of its users. Should you not agree to be bound by the revised license terms, you may cease all use of the Products. The revised license terms shall be deemed accepted by you if you continue to use the Products.
9. Applicable Law and Disputes
9.1 These license terms are made in accordance with Swedish law and shall always be read and interpreted according to Swedish law, without giving effect to any choice of law or conflict of law provisions.
9.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The proceedings shall be held in Stockholm and shall be conducted in the English language. The parties undertake and agree that all arbitral proceedings shall be kept confidential and all information, documentation and materials in whatever form disclosed during such arbitral proceeding shall be used solely for the purpose of the proceedings.