General Contract Terms and Conditions
These General Contract Terms and Conditions apply to all purchases from Abinfa. By placing your order, you agree to these Terms and Conditions.
Last updated 2023-01-03
Definitions
Licensed products (Products) can include any methods, frameworks, standards, publications, courses or other products licensed from Abinfa or from our partners through Abinfa.
Licensing period (for licenced products): The licensing period starts from the date the Product was made available to the customer and the license was registered at Abinfa, and lasts for the reminder of the calendar year and one additional calendar year.
Contract period: The agreement period lasts as long as the Customer has a valid License or an Account with Abinfa.
License subscription Licenses from Abinfa are valid for one (1) year in addition to the year in which the Contract is signed. Thereafter the Contract is automatically renewed for one (1) year at a time unless one of the Parties terminates the Contract before the new Contract period. For renewed contracts, the contract period start the 1st January.
Web Account is a Service that may be facilitated at Abinfa providing electronic access to the licensed products and other services.
Copyright shall confer the exclusive right to “dispose of a literary, scientific or artistic work by producing permanent or temporary copies thereof and by making it available to the public, be it in the original or an altered form, in translation or adaptation, in another literary or artistic form, or by other technical means” – as stated in the Copyright Act §3. Methods, frameworks, standards, publications and courses are literary works which are copyright protected in accordance with the Act on copyright of intellectual property etc. (Copyright Act) of 2018-06-15 on Copyright in Literary, Scientific and Artistic Works and following (The Copyright Act – Åndsverksloven). Abinfa administers the rights for both the author and publisher of Products sold by Abinfa. When you buy a Product, you buy a copy of the Product; however, you do not buy the right to copy it to colleagues or cooperation partners. If you need more copies, these must be purchased.
DRM (Digital Rights Management) Products that are stored on or distributed via digital media can be facilitated using DRM.
Number of users The number of registered users who can use the Products. Abinfa licenses allows one user per license.
Customer The legal entity or person that buys or in any other way aquires a product from Abinfa.
Abinfa Is a registered trademark. The term Abinfa is used about the brand and the operation of administering the products or services offered on behalf of the owners of the intellectual property rights to the products or services.
Scope of delivery
The Contract covers facilitation and maintenance of licensed products under the limitations, terms and conditions specified in this Agreement.
The products are protected by copyright and labelled with a protected trademark.
Products that are stored on or distributed via digital media can be facilitated using DRM. When new products are Licensed, it is deemed that Abinfa’s current terms and conditions have been accepted. The Customer is responsible for familiarizing themselves with Abinfa’s current terms and conditions. Current prices, terms and conditions are available at www.abinfa.com.
Abinfa’s Services and Obligations
Abinfa supplies Customers with one or more valid licenses a corresponding number of license certificates, Abinfa methodologies of the latest version and Abinfa Intro Cources.
Products are shipped to the Customer, usually electronically, or made accessible via Abinfa’s web pages, www.abinfa.com.
Abinfa shall make updates available for the Customer during the subscription period, usually electronically, or made accessible via Abinfa’s web pages, www.abinfa.com.
Abinfa shall make relevant information available to the Customer. If the customer has agreed to receive information from Abinfa, such information will be sent by e-mail. Otherwise, the information will be on request or via Abinfa’s web pages, www.abinfa.com.
Abinfa provides limited support to the Customer by email or website. Abinfa is currently organized as a voluntary project being operated by one private person as a leisure time activity, and response times may vary depending on available resources.
Customer’s Obligations
The Customer must pay for the Products and services according to the price list at the time of purchase.
For companies and organizations, the Customers use of the Products is restricted to the organization’s own internal operations and employees, including the divisions and division offices. Any form of external distribution is not permitted unless specified in an appendix to this agreement. Licenses are registered on a named person, but can be used by other persons in the organization as long as the number of concurrent users does not exceed the number of valid licenses held by the organization.
The Customers use of Products bought as Personal licenses is restricted to the person registered as the Customer, and relatives of the customer living at the same address as the registered Customer.
Breach of these obligations by the Customer is deemed to be a material breach which entitles Abinfa to rescind the Contract and to claim compensation proportional to the value of the lost sales. The same applies in the event of material payment default.
Abinfa may terminate the contract or shut down the Customer’s access to services in the event of non-payment, or if the Customer in spite of written warning continues to use the Service in a manner that results in damage or inconvenience to Abinfa or a third party; for example by using the Service in breach of the law or provisions of this Contract.
The period that the Service is shutdown will not be deducted from the invoice. Abinfa may also require payment from the Customer for the remainder of the licensing period of any licenced products and related services used by the Customer according to the current price list.
Price
Prices and number of users are stated in the price list valid at the time of purchase.
Abinfa has the right to adjust prices as a result of normal price rise and/or increase in our suppliers’ price. This will normally take place at the beginning of each calendar year. A price rise will not affect Products in an existing license period, but will affect new and renewed Products and Services. Substantial changes in a Product or Service can also necessitate changes in the catalogue price.
Invoicing, Due Date and Interest on Late Payment
The first invoice is paid when placing the order or sent immediately after entering into the contract by placing the order, and covers up to the end of that Contract year, which is identical to the calendar year. Subsequent invoicing takes place annually, normally in the first four-month period and covers up to end of that Contract year.
The Customer User License, together with any contract of which this is an appendix, forms the overall Sales and Delivery Terms and Conditions (The Contract). When you pay the agreed license fees and compliance with the terms and conditions stated in this Customer User Licence and other sales and delivery terms and conditions (The Contract) Abinfa provides a non-exclusive, non-transferable right of use to the product(s) (“The Product”) that is/are the subject of the Contract. Copyright and/or patent rights and/or design rights and/or brand rights to these products belongs to Abinfa or the owner of the product in question.
The following limitations apply to the User Right:
If new licensed products or number of users are increased during the Contract year, a supplementary invoice is paid when placing the order or will be sent immediately for the additional cost and covers up to the end of that Contract year.
Standard payment terms and conditions are 30 days. In the event of late payment, interest will accrue in accordance with the Act on Interest on Late Payments (Forsinkelsesrenteloven). If reminders are necessary, a reminder fee will be levied.
Special terms applicable to the distribution of standard content via third party suppliers
The Customer may choose to buy Products via third party suppliers that have been approved by Abinfa and that Abinfa have entered into a separate agreement with. An overview of approved third party suppliers at any given time may be obtained upon request from Abinfa.
When using a third party supplier, they shall be responsible for any relationship with the Customer – for example, in connection with uptime of their solution, faults/defects relating to Product content, etc.
Duration of the Contract
The Contract is valid for one (1) year in addition to the year in which the Contract is signed. Thereafter the Contract is automatically renewed for one (1) year at a time unless one of the Parties terminates the Contract before the new Contract period. For renewed contracts, the contract period start the 1st January.
Products that, at termination of the Contract, have been included in the service for a shorter period of time than the licensing period can be invoiced for the remainder of the licensing period based on the scope of the Contract at the time of termination.
Abinfa may unilaterally alter or terminate all or parts of this agreement at any time by giving 3 months’ notice.
Transfer
Rights or obligations arising from this Contract cannot be assigned or in other way transferred to another Party without the written permission of Abinfa. Abinfa’s rights and obligations may be freely assigned or transferred to others.
Confidentiality
Competition-related and sensitive information with which the Parties become acquainted as a result of this Contract or other cooperation shall be treated as confidential. Any doubt as to whether the available information should be treated as confidential shall be clarified in consultation with the other Party.
Force majeure
If a situation should occur that makes it difficult or unreasonably burdensome for one party to fulfil its obligations under the agreement, the affected party shall be released from its obligations for as long as the situation continues, provided that the situation is deemed to be force majeure under Norwegian law. The affected party shall notify the other party of the circumstances without undue delay, including which obligations are affected and how long the situation is expected to continue. Force majeure affecting sub-contractors of Abinfa will be deemed to be force majeure under this Licence Agreement.
Governing Law and Disputes
In the case of any dispute between you and us arising in connection with this License Agreement, exclusively Norwegian Law is applicable.
Disputes shall first be sought solved by arbitration.
The legal venue is Oslo City Court.
Customer User Licence
Last updated 2023-01-03
IMPORTANT – READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OR COPY THE PRODUCTS MADE AVAILABLE THROUGH THIS LICENCE. USE OF THE PRODUCTS MEANS THAT YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS CUSTOMER USER LICENCE AND ANY CONTRACT OF WHICH THIS IS AN APPENDIX.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU CANNOT USE THE PRODUCT.
Licence
a) The Contract does not entitle you to property right or other right to the Product but only to a limited right to use the Product in accordance with the provisions of the Contract. This User Right can be unilaterally withdrawn by Abinfa if you breach the terms and conditions of the Contract.
b) All rights to copying products and/or making them accessible to the public are reserved, unless such access follows directly from the Intellectual Property Rights Act or special agreement with Abinfa.
c) Unlawful use of the products will lead to liability to compensate and may be liable to prosecution.
d) You have the right to use the content of the Product delivered under this Contract regardless of the format in which the Product is delivered, but you do not have the right to adapt, modify, translate, compile, hire out or lease out, publish, sell or sub-license or in any other way transfer the Product in part or in its entirety to a third party. Neither may you remove or change any information on intellectual or property rights that are on the Product, or remove the water mark that indicates who has the right to use the content of the product.
e) If the Product is delivered in an electronic form or on an electronic platform, the product may be facilitated with Digital Rights Management (DRM). The right to store, copy the content and print out is limited. In principle, the Customer cannot sell or distribute the Product nor copy the content of a Product to text-processing systems, for example. Any exception to this is defined in the Contract Appendices that govern specific products.
f) You agree to and accept that the Product belongs to the Holder of the copyright stated on the Product (“Copyright Holder”), and that the Product is protected by Norwegian and international copyright laws. You also agree to and accept that all copyright and other intellectual rights for the Product belong to the Copyright Holder.
g) You are responsible for providing Abinfa, or the party authorised by Abinfa, with all the information necessary to meet the Contract. If you breach the Contract due to circumstances beyond your control, you undertake to cooperate with Abinfa to re-establish compliance with the Contract.
Liability and Guarantee
a) Abinfa guarantees that Abinfa and the Copyright Holder unless otherwise stated in or on the Product can license the Product and all copyright and exploitation of the trade names that are associated with the Product.
b) This guarantee is the only guarantee given for the Product. Neither Abinfa nor the Copyright Holder give any other form of guarantee for the Product, its reliability, adequacy, use or for the information or purposes contained in or reflected in the Product. Abinfa and the Copyright Holder waive all expressed and inferred guarantees with regard to functionality and suitability for the intended use. This waiver cannot be limited by Abinfa, the Copyright Holder or their representatives.
c) Abinfa, the Copyright Holder and their representatives (“Compensation Eligible Parties”) are not liable to you. You undertake to hold all Compensation Eligible Parties free from liability for all claims and costs (including costs associated with legal assistance) that can be referred to personal or material damage, product liability or other claims that are based on any use of the Product.
d) You agree with and accept that the obligations that Abinfa and/or the Copyright Holder have towards you with regard to the Product, are regulated exclusively by this Licence Agreement in addition to any overarching agreement such as a Abinfa’s Terms and Conditions. You are liable for the consequences of use of the Product regardless of whether or not this use takes place in accordance with the provisions of the Contract. Abinfa and/or the Copyright Holder are not under any circumstances liable for indirect damage and costs or for direct damage that you affect or may be affected by.
e) Abinfa’s liability under this agreement is limited under all circumstances to the fee you have paid for the last six (6) months before the incident giving rise to liability occurred.
Sales and Export
You do not have the right to sell, export or re-export the Product or parts thereof, associated information or technology in contravention of current applicable export laws.
Other Provisions
This Contract constitutes complete regulation of that which has been agreed between the Parties with regard to use of the Product. Changes to the Contract can only be implemented through separate signed amendments to this Contract. If a provision of the Contract should be declared invalid for any reason whatsoever, the Contract must be revised only to the extent necessary to make the Contract valid, and such revision shall (i) not affect the validity of the invalid section under other circumstances or (ii) affect other sections of the Contract.
Termination
You have the right to terminate the Contract in accordance with the regulations stated in the General Contract Terms and Conditions. Abinfa and/or the Copyright Holder can rescind the Contract if you breach the Contract or fail to pay for the Products.
In the case of termination, you must securely delete or destroy any electronic or physical copies of Products subject to this License Agreement.
This does not apply to completed forms and/or documents produced by the customer using the Products. They can be stored for the future in the Licensee’s own systems or archives.
Governing Law and Disputes
In the case of any dispute between you and us arising in connection with this License Agreement, exclusively Norwegian Law is applicable.
Disputes shall first be sought solved by arbitration.
The legal venue is Oslo City Court.