End User License Agreement
This End User License Agreement (hereinafter “Agreement”) is entered into between Lucidtech AS (hereinafter “Lucidtech” or “we”) with legal entity number 918 345 787 MVA and the user of the Lucidtech technology (hereinafter “User”or “you”), together referred to as the “Parties”.
Lucidtech is delivering cloud-based service for automating document workflows based on machine learning technology (hereinafter, the “Service” or "Cradl"). The Service is provided as a web application and as an API through its business partners based on a separate license agreement (hereinafter “Partners”). The Partners’ customers and their employees or other individuals that you permit to access the Service are the Users of the Service and the licensees to this Agreement.
Lucidtech grants to the User, a non-exclusive, non-transferable, on-sublicensable right to access and use the Software for the term, specific purpose and subject to the terms and conditions set out in this Agreement.
By accessing or using the Service or any part thereof, you acknowledge that you have read, understood and agree to be bound by the terms of the Agreements. Please read this Agreements carefully before using the Service and revise it for updates.
1. INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means all rights in and to any copyright, trademark, trading name, design, patent, know how (trade secrets) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights.
All Intellectual Property Rights over and in respect of the Service, are owned by Lucidtech. The User does not acquire any rights of ownership to any of Lucidtech’s APIs, machine learning, machine learning models or any other part of the Service. Nothing in the Agreement purports to sell, transfer or in any way convey Lucidtech’s Intellectual Property Rights.
2. LIMITATION OF USE
The User may not distribute, sell, license, rent, lease, sub-license, assign or transfer any rights granted to the User by this Agreement and other rights related to the Service to a third party or authorize others to utilize the Service.
You may not reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code, or remove, modify or obscure any proprietary contained within the Service.
3. USER CONTENT
All content uploaded to, transferred through, posted, processed or entered into the Service by the User shall remain the sole responsibility of the User. Lucidtech shall have no liability or responsibility for any user content.
The User represents and warrants that the content uploaded on or through the Service by the User does not violate any third party's rights, including the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights or law, or is considered unacceptable by Lucidtech.
Violation of the terms in Section 5 may result in immediate termination of this Agreement and suspension of your account.
4. ACCEPTABLE USE OF THE SERVICE
You commit to ensure that the Service is only used for the purposes of the Service and pursuant to the Agreement. You agree that you will not use the Service in any illegal, disrespectful or unacceptable way, that may indirect or direct harm other users, third parties or Lucidtech.
5. USER RESTRICTIONS
If you violate the Agreement, if Lucidtech have a strong suspicion of violation of the Agreement, for security reasons or if or if we are required by law or order from the authorities, Lucidtech may put limitations on your account, including suspending your account for as long as Lucidtech see necessary.
You will defend, indemnify and hold Lucidtech harmless from and against all claims (from third parties and/or Users), costs, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of or in connection with your breach of this Agreement.
Confidential information of which the Parties become aware of must be kept confidential, and may not be disclosed to any third party without the consent of the other Party. The confidentiality obligation pursuant to this provision shall not prevent the disclosure of information if such disclosure is demanded pursuant to laws or regulations.
The confidentiality obligation shall not prevent the information from being used when there is no legitimate interest in keeping it confidential, for example when it is in the public domain or is accessible to the public elsewhere.
The Parties shall take all necessary precautions to prevent unauthorized persons from gaining access to, or knowledge of, confidential information.
The confidentiality obligation shall apply to the Parties' employees, subcontractors and any third parties who act on behalf of the Parties in connection with the performance of the Agreement. The Parties may only transfer confidential information to such subcontractors and third parties to the extent necessary for the implementation of the Agreement, provided that they are subject to a confidentiality obligation corresponding to this clause.
The confidentiality obligation does not preclude the Parties from using the experience and expertise gained in conjunction with the performance of the Agreement.
The confidentiality obligation will continue to apply after the expiry of the Agreement.
9. UPDATES AND CHANGES OF THE Service
When Lucidtech is planning significant upgrades and changes in the Service, Lucidtech will reasonably notify the User in advance and ensure that any such changes made in the Service do not adversely impact general performance and delivery of the Service.
10. WARRANTY AND LIMITATION OF LIABILITY
The Service is delivered “as is”. The liability of Lucidtech is limited to the delivery of the Service.
To the extent permitted by Norwegian law, in no event will Lucidtech be liable to the other for any direct or indirect damages, such as business interruption, loss of data or information of any kind, claims or costs whatsoever, any consequential, incidental, special or punitive damages, or any lost profits or lost revenues resulting from and/or relating to the use of the Service, or damages caused by possible errors or misprints in the Service.
Lucidtech’s entire liability is limited to the amount actually paid or payable by User to Partner for the use of the Service during the prior twelve (12) months under this agreement or, if no fees are paid or payable during such period, NOK 100 000.
In the instance of a material breach of the Agreements by you or the Partner, Lucidtech may terminate the Agreement with immediate effect.
Termination under this clause shall not affect any other rights or remedies Lucidtech may have.
Upon termination of the Agreement for any cause, Lucidtech shall prepare, transfer or delete all User data, unless Lucidtech is obliged to store the data for a longer period.
12. VALIDITY OF THE AGREEMENT
If any part of this Agreement is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the Agreement will still be enforceable.
13. GOVERNING LAW AND DISPUTES
This Agreement shall be governed by and interpreted in accordance with Norwegian law.
Disputes arising in connection with or as a result of this Agreement shall be settled by court proceedings unless the parties agree otherwise. Any court proceedings shall be brought before Oslo District Court.