- “Agreement” means this End User Licence Agreement.
- “Software” means ENSI EAB Software, ENSI Profitability Software and offered Excel tools.
- “Documentation” means the electronic user information supplied with the Software.
- “Use” means to cause a computer system to execute any machine-executable portion of the Software in accordance with the Documentation or to make use of any Documentation or related materials in connection with the execution of any machine-executable portion of the Software.
- “Minimum Requirements” means a minimum technical specification of the PC or laptop on which the Software is used which is required to enable the Software to function, as set out in the Documentation.
- “ENSI” means ENSI – Energy Saving International AS
2. LICENSE GRANT
ENSI grants you a non-exclusive, non-transferable, non-sublicensable license to install and use the Software on one PC or laptop. For this use a unique licence number is supplied the User after payment of the license fee for the Software.
This Agreement will also govern any Software upgrades provided by ENSI that replace and/or supplement the original Software, unless such upgrades are accompanied by a separate license agreement, in which case the terms of that license agreement will govern.
You may not:
- modify, translate, reverse engineer, decompile, or disassemble the Software;
- create derivative works based on the Software;
- copy the Software;
- rent, lease, transfer, sublicense, loan, distribute or otherwise transfer rights to the Software;
- allow third parties to access or use the Software;
- remove any proprietary notices or labels on the Software and related Documentation.
3. TERM AND TERMINATION
The term of this Agreement will commence upon User’s download of the Software and, unless earlier terminated as provided in this Paragraph 3, will continue in perpetuity. If you breach this Agreement your right to use the Software will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 2) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Software.
4. PROPRIETARY RIGHTS
ENSI hereby reserves all intellectual property rights in the Software, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Software and related Documentation. This license does not grant you any right to use the trademarks, service marks or logos of ENSI. User acknowledges and agrees that the Software’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of ENSI and its suppliers and is considered ENSI’s confidential information. The Software is licensed and not sold to User, and no title or ownership to such Software or the intellectual property rights embodied therein passes as a result of this Agreement or any act pursuant to this Agreement. The Software and all intellectual property rights therein are the exclusive property of ENSI, and all rights in and to the Software not expressly granted to User in this Agreement are reserved. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of ENSI, except to the extent necessary for User to use the Software as expressly permitted under this Agreement.
5. DISCLAIMER OF WARRANTY
The Software is provided "as is" with all faults. ENSI hereby disclaims all warranties, whether express or implied, including without limitation warranties that the Software is free of defects, merchantable, fit for a particular purpose and non-infringing. User bears entire risk as to selecting the Software for your purposes and as to the quality and performance of the Software. This limitation will apply notwithstanding the failure of essential purpose of any remedy.
6. LIMITATION OF LIABILITY
ENSI and its contributors will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this Agreement or the use of or inability to use the Software, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. The collective liability of ENSI under this Agreement will not exceed the fees paid by User under this license (if any). In no circumstances shall ENSI be liable for any failure of the Software to perform in accordance with the documentation, or at all, resulting from a failure by the user to comply with the minimum requirements.
7. DISPUTES AND GOVERNING LAW
Any conflicts shall be subject in the courts of Oslo, Norway, and the Agreement is governed by Norwegian Law. User will comply with all applicable laws and regulations in User’s activities under this Agreement. User will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. This Agreement will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. User may not assign or transfer this Agreement without obtaining ENSI’s prior written consent, and any purported assignment or transfer in violation of this Section 7 will be null and void. ENSI may update the terms of this Agreement if and when User installs and updates or upgrades to the Software.
All notices to user required under this Agreement will be given by email to the email address that the User provided to ENSI prior to initiating the download of the Software, such notice to be deemed effective upon the earlier of (i) twenty-four (24) hours after sending, or (ii) User’s actual receipt of any such e-mail.
Last edited: June 18, 2013