General terms and conditions ComAround Knowledge™ Trial
Last amended 1 feb 2016
1.1. These general terms and conditions regulate the relationship between the registered user, referred to below as the Customer, and ComAround Scandinavia AB, hereinafter referred to as ComAround, concerning the web-based free service ComAround Knowledge™ Trial, which is based on ComAround Knowledge™.
1.2. By accepting these general terms and conditions concerning ComAround Knowledge™ Trial, these terms and conditions have been accepted in full.
1.3. These terms and conditions may be updated by ComAround at any time without prior notice.
2. Scope and validity of the agreement
2.1. ComAround grants to the Customer a user license with non-exclusive usage rights in respect of ComAround Knowledge™ Trial. These usage rights involve only the right to use ComAround Knowledge™ Trial and the material via the interfaces provided by ComAround at any given time. The Customer must not produce permanent copies of the service or the material provided via ComAround Knowledge™ Trial. All other rights in respect of ComAround Knowledge™ Trial which are not explicitly granted to the Customer in accordance with this Agreement shall rest with ComAround.
2.2. ComAround Knowledge™ Trial may only be used by the Customer and must in no way be used as support within companies, authorities or other organizations. Access to ComAround Knowledge™ Trial must not be distributed or placed on the Internet, intranets or similar.
2.3. These general terms and conditions also cover the ongoing modifications to ComAround Knowledge™ Trial that are provided to the Customer during the agreement period.
2.4. ComAround is entitled, at any time, temporarily or permanently, to amend or discontinue ComAround Knowledge™ Trial or parts of the service with or without giving notice to this effect to the Customer. ComAround cannot be held liable towards the Customer or any third party for any amendment, temporary suspension or discontinuation of ComAround Knowledge™ Trial.
ComAround is entitled to technically limit the use of ComAround Knowledge™ Trial to examples by limiting the number of simultaneous users.
2.5. The Customer may deregister at any time. Deregistration must take place by post or e-mail.
2.6. ComAround Knowledge™ Trial is open 24 hours a day, except during planned outages due to maintenance, for example.
2.7. ComAround is entitled to disable the Customer’s account with immediate effect if the Customer commits a material breach of the agreement.
2.8. The user account will be automatically deregistered at set times, up to four (4) times per year. The Customer needs to re-register in order to gain continued access to the account.
3. Intellectual rights
3.1. In addition to the usage rights that are granted to the Customer in section 2.1 above, the agreement does not entail ComAround transferring or assigning any intellectual property rights to the Customer.
4.1. The Customer may not transfer its right to use ComAround Knowledge™ Trial without the written consent of ComAround. The Customer may also not transfer, hire, lend or in any other way lease or make available all or parts of ComAround Knowledge™ Trial.
4.2. ComAround reserves the right to transfer its obligations or rights under this agreement.
5. Limitation of liability
5.1. ComAround cannot be held liable, either legally or financially, for faults or defects. ComAround does not accept liability for damage or losses, either direct or indirect, attributable to the use of ComAround Knowledge™ Trial, information disseminated through it, or attributable to a situation in which it has not been possible to use the software.
5.2. ComAround accepts no responsibility for any warranties with respect to quality, operation and functionality, or any results from the use of the ComAround Knowledge™ Trial. Nor does ComAround guarantee in any way that ComAround Knowledge™ Trial is fault-free or that faults and defects will be rectified.
5.3. ComAround does not offer personal support. For support relating to ComAround Knowledge™ Trial, ComAround provides online support.
6. The Customer’s liability
6.1. The Customer undertakes to store and keep passwords and associated instructions protected from unauthorized access, and to notify ComAround immediately if this has happened.
6.2. The Customer undertakes not to gain unauthorized access to the IT resources used by ComAround.
6.3. The Customer assumes liability for all actions it undertakes via ComAround Knowledge™ Trial. The Customer agrees to indemnify ComAround and its subsidiaries, associated companies and contractors from all claims submitted by third parties due to the Customer’s use of ComAround Knowledge™ Trial, the Customer’s breach of the general terms and conditions or the Customer’s infringement of any third party’s rights.
7.1. ComAround Knowledge™ Trial is subject to applicable provisions on confidentiality. ComAround treats all information about customers as confidential in order to protect the integrity of the Customer. ComAround must not disclose customer details and e-mail addresses without the written consent of the Customer. ComAround may release information to the authorities concerned in connection with a judicial order.
7.2. Swedish law shall be applied to this agreement. Disputes relating to this agreement shall be resolved ultimately by arbitration under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce (“the Institute”). The Institute’s Rules for Simplified Arbitration Procedures shall be applied unless the Institute, with reference to the complexity of the case, the value of the subject of the dispute and other circumstances, decides that the Rules of the Stockholm Chamber of Commerce’s Institute of Arbitration shall be applied to the case. In the latter instance, the Institute shall also decide whether the arbitration board shall consist of one or three arbitrators. Arbitration proceedings shall take place in Stockholm and in Swedish