Terms and Conditions of Use of the Solberg Media AS Website ("Solberg Media
Website")
THIS SET OF TERMS AND CONDITIONS ("Solberg Media Website Terms Of Use," or
"Terms Of Use") APPLIES TO YOUR USE OF THE Solberg Media AS WEBSITE. YOUR USE OF
THE Solberg Media AS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE,
AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE
BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO
BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.br />
GRANT, RESTRICTIONS, AND OWNERSHIP
Solberg Media AS and its suppliers, as applicable ("Solberg Media AS"), hereby
grant You the right to use the content comprising the Solberg Media AS Website
(the "Content"). You may print the Content on The Solberg Media AS Website
intact from within your browser for personal and fair use purposes only. The
Content has been compiled by Solberg Media AS from a variety of sources, and is
subject to change without notice. You may not attempt to "pass-off" any of the
Content as your own work.
You acknowledge that certain areas of the Solberg Media AS Website may apply
other rights and/or restrictions to their use in their own manner ("Separate
Licenses"). Any language within these Terms Of Use is subject to language in the
Separate Licenses to the contrary, as to their subject matter.
SOFTWARE: Specifically, but without limitation, any computer software
downloadable or otherwise available through the Solberg Media AS Website is
licensed subject to the terms and conditions of its own applicable license
agreement, and specific terms and conditions applicable to Software in download
licenses within the Solberg Media AS Website or otherwise available through the
Solberg Media AS Website will supersede the provisions of these Terms Of Use.
The use of certain areas of the Solberg Media AS Website is further restricted
to Solberg Media AS support customers. You may not copy, adapt, modify, display,
perform, or otherwise use the Content (including use the Content on any other
web site or networked computer environment) for any other purpose or in any
other manner without the prior express written permission of Solberg Media AS or
its suppliers, including without limitation such permission as may appear within
the Solberg Media AS Website.
Your use of the Content is conditioned on your maintaining all copyright,
trademark and other proprietary rights notices appearing on the Content. Any
unauthorized use of any of the Content may violate copyright laws of the United
States and, internationally, the copyright law of each jurisdiction reflecting
pertinent treaties and conventions. In many instances, the Content is subject to
international patent, trademark, and trade secret laws (collectively, the
"Applicable Laws"), including without limitation as indicated selectively within
the Content. Solberg Media AS and/or its suppliers own the Content, which is
generally protected by several of the Applicable Laws.
You may use, print and/or download from the Solberg Media AS Website the
Content displayed on the Solberg Media AS Website for your personal,
noncommercial purposes only. If you breach any of these Terms Of Use, your
authorization to use the Solberg Media AS Website will automatically terminate
and you must immediately destroy or delete any downloaded or printed material.
You agree that the Content is the proprietary information of Solberg Media AS
and/or its suppliers, and that you will conform your access, copying, and use of
particular Content to the applicable Solberg Media AS Website purposes indicated
in association with the particular Content.
IMAGES IN Solberg Media AS WEBSITE
Subject to other provisions hereof to the contrary, You may not use, reproduce
or distribute any image in the Solberg Media AS Website without securing the
advance written consent of Solberg Media AS. To request permission, send an
email, including your name, address and a description of the purpose of your
intended use and/or distribution and the image you would like to distribute.
RSS FEEDS IN Solberg Media AS WEBSITE
Solberg Media AS provides RSS feeds as a free service for any individual for
information purposes only. Use is restricted to non-commercial purposes only.
Solberg Media AS does not endorse any specific RSS reader or other third party
application. Solberg Media AS reserves the right to discontinue this service at
any time and further reserves the right to request the immediate cessation of
any specific use of its RSS service. By accessing Solberg Media AS's RSS feeds,
you are indicating your understanding and agreement with the terms and
conditions in this paragraph.
COMMUNICATIONS FROM YOU TO THE Solberg Media AS WEBSITE
Except for orders for products provided through the Solberg Media AS Website
and as specified in our Privacy Statement, all communications from You to the
Solberg Media AS Website will be considered non-proprietary and
non-confidential, and Solberg Media AS will have no obligations of any kind to
You respecting such communications and will be free to use them on an
unrestricted basis. Specifically, but without limitation, You authorize Solberg
Media AS to (i) reproduce, use, disclose and distribute such communications to
others, and (ii) use any ideas, know-how, designs, concepts, techniques or the
like contained in such communications for any purpose whatsoever. You are solely
responsible for these communications and their legality under all applicable
laws and regulations. You agree that you will comply with the terms of our
Privacy Statement when using the Solberg Media AS Website. You are responsible
for the security of any account names, identification numbers or passwords
associated with your access to and use of the Solberg Media AS Website. Solberg
Media AS is not liable for any unauthorized use of any accounts you establish
through the Solberg Media AS Website (e.g., through Solberg Media AS's
SupportFolio Online support-related services) by You, your employees, agents or
anyone else.
AVAILABILITY OF Solberg Media AS WEBSITE
You acknowledge that temporary interruptions in the availability of the Solberg
Media AS Website may occur from time to time as normal events. Under no
circumstances will Solberg Media AS or its suppliers be held liable for any
damages due to such interruptions. The Solberg Media AS Website and the Content
may include technical inaccuracies or typographical errors. The Solberg Media AS
Website is made available internationally and may contain references to
products, programs and services of Solberg Media AS and/or its suppliers that
are not available in your location. Such references do not imply that Solberg
Media AS or its suppliers intend to make available such products, programs or
services in your location.
MONITORING
It is neither the policy nor a practice of Solberg Media AS to review
communications with the Solberg Media AS Website to determine that such
communications comply with these terms and conditions and applicable laws and/or
regulations; however, Solberg Media AS reserves the right to review such
communications but has no such obligation. Solberg Media AS shall have no
responsibility or liability for the content of any communications posted to the
Solberg Media AS Website, nor for any errors or violations of any applicable
laws or regulations. Solberg Media AS will comply with court orders in any
jurisdiction directing Solberg Media AS to disclose the identity of anyone
posting communications to the Solberg Media AS Website.
LINKS WITH OTHER SITES
Solberg Media AS is not responsible for the content of any other web site
linked to or from the Solberg Media AS Website. If you link to another site, you
leave the Solberg Media AS Website. If you decide to link to another site, you
do so entirely at your own risk. Solberg Media AS may provide links from the
Solberg Media AS Website to other sites, but this is done solely as a
convenience to you and in no way should be interpreted as a referral or
endorsement of any content, sponsor or owner of any other site.
ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH
LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR
LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
EXPORT/ENCRYPTION CONTROL.
You acknowledge that USA export control laws and regulations apply to the
entire Solberg Media AS Website, including without limitation the U.S.
Department of Commerce Export Administration Regulations ("E.A.R.") which
prohibit the export or re-export of products and technology to certain countries
and persons. You hereby assure You will not export, re-export, or transfer any
software (acquired by You through the Solberg Media AS Website ["Software"]) in
violation of any applicable export control laws and regulations, including
without limitation USA versions of the same. If You are outside the USA, You
represent You are eligible to receive items exported from the USA and are not:
(1) a resident or national of any country subject to a USA trade embargo; (2)
listed on the "Entity List," "Denied Persons List," or "Specially Designated
Nationals List" maintained by the U.S. government; (3) engaged in [a] civil or
military nuclear activities; [b] chemical or biological weapons-related
activities; or [c] missile technology in or for a country subject to USA
proliferation controls; or (4) a military or nuclear end-user in Russia or an
entity engaged in military or nuclear-related activities for Russia. You
represent You will not supply Software to any end-user of the types listed above
without prior U.S. government authorization. You acknowledge Software may
contain encryption and be subject to more stringent restrictions under the
E.A.R. You represent You are not a government end-user outside of the following
countries: Austria, Australia, Belgium, Czech Republic, Denmark, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg,
Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland,
and United Kingdom; a government end-user is any foreign, regional, or local
government department, agency, or other entity performing governmental
functions. You represent You will not supply Software to any government end-user
outside of the countries listed above without prior U.S. government
authorization. However, in accordance with the paragraph of these Terms Of Use
entitled SOFTWARE, specific terms and conditions applicable to Software
downloadable or otherwise available through the Solberg Media AS Website will
supersede the provisions of this paragraph.
U.S. GOVERNMENT LIMITED RIGHTS
You hereby acknowledge that any software (except as to open/free source)
acquired from the Solberg Media AS Website, including without limitation through
the Solberg Media AS Website, is acquired as "commercial computer software"
(except as to included open/free software), subject to the provisions of its
applicable license, as specified in the FAR 52.227-19 and/or the DFAR 227.7202,
or successive sections. Contractor/manufacturer and/or direct/indirect supplier
is Solberg Media AS, Ørpetveitveien 240, 5534 Hasugesund. However, in accordance
with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and
conditions applicable to Software downloadable or otherwise available through
the Solberg Media AS web site will supersede the provisions of this paragraph.
DISCLAIMER
THE CONTENT PROVIDED AT THIS Solberg Media AS WEBSITE IS PROVIDED "AS IS" AND
ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION
ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY IS HEREBY EXCLUDED.
Applicable law may not allow the exclusion of implied warranties, so the above
exclusion may not apply to You. Solberg Media AS does not warrant the accuracy
and completeness of the Content on the Solberg Media AS Website. Solberg Media
AS takes no responsibility for viruses or other destructive or intrusive
computer programs that may damage your computer system or data resulting from
your access to or use of the Solberg Media AS Website. The Content at the
Solberg Media AS Website may be out of date, and Solberg Media AS makes no
commitment to update the Content at the Solberg Media AS Website. Information
published at the Solberg Media AS Website may refer to products, programs or
services that are not or are no longer available in your geographic location. If
software available through the Solberg Media AS Website is made applicable to
its own license terms and conditions, such terms and conditions supersede any
terms and conditions of these Terms of Use. However, in accordance with the
paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions
applicable to Software downloadable or otherwise available through the Solberg
Media AS Website will supersede the provisions of this paragraph.
LIMITATION OF LIABILITIES
IN NO EVENT WILL Solberg Media AS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE
AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE Solberg Media AS
WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS Solberg Media AS WEBSITE, OR
THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Solberg Media AS IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN
THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA,
YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
However, in accordance with the paragraph of these Terms Of Use entitled
SOFTWARE, specific terms and conditions applicable to Software downloadable or
otherwise available through the Solberg Media AS Website will supersede the
provisions of this paragraph.
INDEMNIFICATION
Upon the request of Solberg Media AS, you agree to defend, indemnify and hold
harmless Solberg Media AS and its suppliers, affiliates, representatives,
officers, directors, employees and attorneys from and against all liabilities,
claims, costs and expenses, including attorney fees, that arise in relation to
your accessing or use of the Solberg Media AS Website and/or these Terms Of Use
or your uploading, downloading or transmission of any communications or Content
on the Solberg Media AS Website. However, in accordance with the paragraph of
these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable
to Software downloadable or otherwise available through the Solberg Media AS
Website will supersede the provisions of this paragraph.
TRADEMARKS
The trademarks, service marks and logos (trademarks) of Solberg Media AS and/or
others used on the Solberg Media AS Website are the property of Solberg Media
AS, its suppliers, or their respective owners. You may not use, and nothing
contained on the Solberg Media AS Website grants, by implication, waiver,
estoppel or otherwise, any right to use, any trademark displayed on the Solberg
Media AS Website without the written permission of Solberg Media AS or the
respective owner, which written permission may be expressed within the Solberg
Media AS Website.
AGREEMENT IN ENGLISH
You and we agree that these Terms Of Use and all related documents be written
and interpreted in the English language. Les parties ont exigé que les présent
contract et tous les documents connexes soient rédéges en anglais.
GOVERNANCE
This Solberg Media AS Website is operated and controlled from Solberg Media
AS's offices in California, United States of America. It can be accessed from
any of the 50 states in the United States and from other countries of the world.
The laws of California (or U.S. federal law, if applicable), without regard to
conflicts of law provisions, will apply to all matters arising out of or in
connection with the Solberg Media AS Website and your connection to and use of
the Solberg Media AS Website. Both Solberg Media AS and You submit to exclusive
jurisdiction in California and further agree that any cause of action arising
out of or in connection with these Terms Of Use shall be brought only in the
federal or state courts in Santa Clara County, California.
Solberg Media AS makes no representation or warranty that any communications or
Content on the Solberg Media AS Website are lawful in other jurisdictions or
available for use in all jurisdictions, and accessing them from territories
where their contents are illegal is prohibited. You agree that if you access our
Solberg Media AS Website from another jurisdiction that you are responsible for
compliance with local laws. If any provision of these Terms Of Use is held to be
invalid or unenforceable, that provision will be deemed to be restated to
reflect as nearly as possible the original intention in accordance with
applicable law, and the remainder of the Terms Of Use will remain in full force
and effect.
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