End-user license agreement

You are receiving this document because you have downloaded and installed, or otherwise obtained, software (“Software”) from Orca Technologies AS, a company registered in Norway (reg. nr. 924 636 750) (“Licensor”).

The Software is protected by copyright laws and international treaties. All intellectual property rights related to the Software are the property of the Licensor or its suppliers or licensors. This document is a license agreement governing your rights and obligations regarding usage of the Software (“Agreement”).

Any variation to the terms of this Agreement shall only be valid if made in writing by the Licensor.

 

Scope of license rights

You are hereby granted a limited, non-exclusive, right to install and use the Software on an approved device.

The Licensor may at any time terminate your rights under this license agreement in case of a material breach of this license agreement.

 

Restrictions on license rights

You are not entitled to modify or distribute the Software.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.

You shall not use Licensor’s name or trademarks without Licensor’s prior consent.

 

Third-party rights

The Software may be distributed bundled with certain third-party software. A separate document governing usage of such third-party software may be obtained from the Licensor, and you shall at all times comply with conditions stated therein.

 

Disclaimer of warranties and limitation of liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. ORCA TECHNOLOGIES AS OR ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.

ORCA TECHNOLOGIES AS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL ORCA TECHNOLOGIES AS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGARDLESS OF THE FORM OF ACTION, ORCA TECHNOLOGIES AS AND ITS SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

 

Dispute resolution and legal venue

This Agreement shall be governed by Norwegian law.

Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the Oslo City Court as the exclusive legal venue under this Agreement.

 

Contact information

Orca Technologies AS

Tordenskiold gate 3

0160 Oslo

Norway

hello@getorca.com

 

© 2021 Orca. All rights reserved.