Opinio Hosting Service End User License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT USE THE OPINIO HOSTING SERVICE. YOUR USE OF THE OPINIO HOSTING SERVICE INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
This End-User License Agreement ("Agreement") is a legal contract between you - "you" means either (a) an individual user or (b) a business organization ("You") and ObjectPlanet AS, a Norwegian corporation ("Licensor"). If you are a business organization, use of the Service under this Agreement does not extend automatically to any subsidiary or affiliate of yours unless Licensor has agreed to that in writing. Subsidiaries/affiliates must obtain their own licenses for the Service separately.
A. SERVICE DESCRIPTION:
Service License. Licensor hereby grants to you a nonexclusive, nontransferable license to use the Opinio Hosting Service and related documentation (the "Service") for your own internal purposes. You are acquiring a yearly (12 months) License for the service, which may be renewed for 12 months at a time at your option. Licensor retains all right, title, and interest in the Service.
THE SUBSECTIONS BELOW APPLY ONLY TO THOSE Opinio Hosting Service OPTIONS FOR WHICH YOU HAVE ACQUIRED A LICENSE.
1. Opinio Shared Hosting Service. This license permits you to have one account opened for your company on one of Licensor's Opinio servers sharing the same application with other clients. The number of survey authors for one account ranges from 1 to 25, depending on the number of seats acquired. One account will only have access to this account's data.
2. Opinio Virtual Hosting Service. This license permits you to have your own Opinio application instance installed in a virtual server dedicated to you on one of Licensor's physical servers. The physical server will be shared with a maximum of 7 other clients. The virtual server will be assigned a domain name similar to clientname.opinio.net. The number of survey authors ranges from 5 to 100, depending on the number of seats acquired.
3. Opinio Dedicated Hosting Service. This license permits you to have your own Opinio application instance installed on a physical server dedicated to you and hosted and maintained by the Licensor. The physical server will be assigned a domain name similar to clientname.opinio.net. The number of survey authors ranges from 50 to unlimited, depending on the number of seats acquired.
B. SUPPORT AND MAINTENANCE:
Included with each of the Opinio Hosting Service licenses is 12 months of remote (email or online support system) technical support if the service does not operate according to the user documentation. Upgrades of the software running the Service are performed by the Licensor as new versions of the Software are released.
C. SERVICE LEVEL
1. ObjectPlanet agrees to maintain hosting services availability of 99.95% of the total time per calendar year. In the event these availability metrics are not met (other than down time due to the causes listed), ObjectPlanet agrees to credit customers as set forth below.
2. Exclusions: This agreement to provide services and network up time does not include down time caused by the following causes:
3. Credit Remedies: In the event the above service levels are not met due to non-excluded causes, ObjectPlanet agrees to provide the following credits to a Customer that reports the incident to ObjectPlanet within five (5) calendar days of the date of the incident:
4. Documentation: Customer must provide technical documentation of the outage, such as trace route reports so we can view the routes taken to our network.
5. Backups: All data and uploaded files are backed up at least once every 24-hour period. Backups are performed incrementally and all historical data can be retrieved for at least up to 6 months. With the loss of backed up historical data, ObjectPlanet agrees to credit the customer for twice the number of days lost, with an upper limit set to half the total service cost over the last 6 months.
D. GENERAL TERMS:
THE FOLLOWING PROVISIONS APPLY TO ALL HOSTING SERVICE LICENSES:
1. License Restrictions. You may not (a) use the Service on behalf of a third party in any consulting (paid or unpaid) arrangement, (b) make the Service available for use by others in any service bureau, or similar arrangement; (c) sublicense, transfer, or lend the Service to any third party; or (d) disassemble or reverse engineer (except in European Union countries, to the extent allowed by law) the Software running on the Service.
3. Limited Warranty and Disclaimer of Warranty. Licensor warrants that it has the right and authority to grant the rights described in this Agreement. Licensor further warrants that the Service, as provided, will substantially perform the functions described in the documentation for a period of ninety (90) days from the date of delivery (the "Warranty Period").
THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Service will (a) achieve specific results, (b) operate without interruption, or (c) be error free.
4. Limitation of Liability. If you report a problem in the Service within the Warranty Period, Licensor will, at its option, undertake to correct the problem, provide a reasonable workaround, or, if neither remedy is possible, refund the license fees paid.
NEITHER LICENSOR NOR ITS LICENSOR, IF ANY, SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGE TO SYSTEMS OR DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID.
5. Termination. Your license may be terminated and accounts closed if you fail to make payment or if you fail to comply with the terms of this Agreement within ten (10) days after receipt of written (email or hard-copy) notice of such failure. Upon the effective date of any termination, you relinquish all rights granted under this Agreement. Your license will be terminated and account closed if the yearly maintenance invoice is not paid within 14 days over the due-date.
6. Company Name. Licensor may include your company name in a list of Licensor customers.
7. Export Law Assurances. You will fully comply with all relevant export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders ("Export Controls"). You warrant that you are not a person, company, or destination restricted or prohibited by Export Controls ("Restricted Person"). You will not, directly or indirectly, export, re-export, divert, or transfer the Service any portion thereof or any materials, items, or technology relating to Licensor's business or related technical data, or any direct product thereof to any Restricted Person.
8. General Terms. This agreement supersedes all prior representations and proposals and it is intended to be the complete agreement between us concerning your license for the Service. It may be modified only in writing by both parties. You may not assign or transfer this license. Failure to prosecute a party's rights will not constitute a waiver of any other breach. All fees are in US Dollars and are non-refundable. Fees are due within 30-days of the date of the invoice.
For Users Outside of the United States, Canada or Mexico: All fees are in Dollars and are non-refundable. Fees are due at the time of licensing purchase, and/or within 30-days of the date of the an accepted valid purchase order, valid invoice or as otherwise agreed.
This Agreement will be governed by the laws of Norway and you submit to the jurisdiction of the courts of Norway.
This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.
If any provision of this Agreement is found to be invalid, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full effect. No person who is not a party to this Agreement shall be entitled to enforce any terms of the same under the Contracts (Rights of Third Parties) Act 1999. No term or condition contained in your purchase order will apply unless expressly accepted by Licensor in writing. This Agreement has been written in the English language. You waive any rights you may have under the law of your country or province to have this Agreement written in any other language.
Last revision 2008-03-11