By downloading any application from MIL Innovations AS
(hereinafter referred to as "The Company"), installing or using this application
or any portion thereof ("Application"), you agree to the following terms and
conditions (the "Terms and Conditions").
Use of application
The Company grants you the non-exclusive, non-transferable, limited right
and license to install and use this Application solely and exclusively for
your personal use.
You may not use the Application in any manner that could damage, disable,
overburden, or impair the Application (or servers or networks connected
to the Application), nor may you use the Application in any manner that
could interfere with any other party's use and enjoyment of the
Application (or servers or networks connected to the Application).
You agree that you are solely responsible for (and that The Company has
no responsibility to you or to any third party for) your use of the
Application, any breach of your obligations under the Terms and Conditions,
and for the consequences (including any loss or damage which The Company may
suffer) of any such breach.
Proprietary rights
You acknowledge that
the Application contains proprietary and
confidential information that is protected by applicable intellectual
property and other laws, and
the Company and/or third parties own
all right, title and interest in and to the Application and content,
excluding content provided by you, that may be presented or accessed
through the Application, including without limitation all Intellectual
Property Rights therein and thereto."Intellectual Property Rights" means
any and all rights existing from time to time under patent law, copyright
law, trade secret law, trademark law, unfair competition law, and any and
all other proprietary rights, and any and all applications, renewals,
extensions and restorations thereof, now or hereafter in force and effect
worldwide.
You agree that you will not, and will not allow any third party
to
copy, sell, license, distribute, transfer, modify, adapt, translate,
prepare derivative works from, decompile, reverse engineer, disassemble or
otherwise attempt to derive source code from the Application or content
that may be presented or accessed through the Application for any purpose,
unless otherwise permitted,
take any action to circumvent or defeat
the security or content usage rules provided, deployed or enforced by any
functionality (including without limitation digital rights management
functionality) contained in the Application,
use the Application to
access, copy, transfer, transcode or retransmit content in violation of any
law or third party rights, or
remove, obscure, or alter The Company's or any third party's copyright
notices, trademarks, or other proprietary rights notices affixed to or
contained within or accessed in conjunction with or through the
Application.
The Company Terms of Service and Privacy Policy
The Company's Privacy Policy
explains how The Company treats your information and protects your privacy
when you use the Application. You agree to the use of your data in accordance
with The Company's privacy policies.
The Application may contain features that are used in conjunction with
The Company's search and other services. Accordingly, your use of such
features of the Application is also governed by The Company's
Terms of Service, The Company's
Privacy Policy, as well as any
The Company Service-specific Terms of Service and Privacy Policy, which may be
updated from time to time and without notice.
Termination
These Terms and Conditions will continue to apply until terminated by either
you or The Company as set forth below. You may terminate these Terms and
Conditions at any time by permanently deleting the Application from your
computer or mobile device in its entirety. Your rights automatically and immediately
terminate without notice from The Company or any Third Party if you fail to
comply with any provision of these Terms and Conditions. In such event, you
must immediately delete the Application.
Indemnity
To the maximum extent permitted by law, you agree to defend, indemnify and
hold harmless The Company, its affiliates and their respective directors,
officers, employees and agents from and against any and all claims,
actions, suits or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorneys fees) arising
out of or accruing from your use of the Application, including your
downloading, installation, or use of the Application, or your violation of
these Terms and Conditions.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT
YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS
AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER
DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY
OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE
APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, OR
OTHER DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY
SUCH LOSSES ARISING.
Miscellaneous
These Terms and Conditions constitute the entire Agreement between you and
The Company relating to the Application and govern your use of the
Application, and completely replace any prior or contemporaneous agreements
between you and The Company regarding the Application.
The failure of The Company to exercise or enforce any right or provision of
these Terms and Conditions does not constitute a waiver of such right or
provision, which will still be available to The Company.
If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of these Terms and Conditions is invalid, then
that provision will be removed from the Terms and Conditions without
affecting the rest of the Terms and Conditions. The remaining provisions of
these Terms and Conditions will continue to be valid and enforceable.
The rights granted in these Terms and Conditions may not be assigned or
transferred by either you or The Company without the prior written approval
of the other party. Neither you nor The Company are permitted to delegate
their responsibilities or obligations under these Terms and Conditions
without the prior written approval of the other party.
These Terms and Conditions and your relationship with The Company under
these Terms and Conditions will be governed by the laws of the Norway
without regard to its conflict of laws provisions.
You and The Company agree to submit to the exclusive jurisdiction of the
courts located within the Oslo City Court, Norway to resolve any
legal matter arising from these Terms and Conditions. Notwithstanding this,
you agree that The Company will still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
