Subscription Agreement
The Agreement gives the Customer access and right to use the Only one Software (access to Software subsequently referred to as “Software”) during the Agreement term with such functionality as the Software has at any time. The Agreement covers the Only one software products in the at any time valid Subscription price plan from Only one software.
- Scope of the Agreement the Agreement gives the Customer a time-limited, non-exclusive right to use the Software. The Customer’s right to use the Software shall cease when this Agreement is terminated or for other reason is no longer in force, cf. clause 2.
- Term of the Agreement and Subscription term the right of use stated in clause 1 shall continue for so long time as the Agreement is in force. The Agreement is a continuing agreement that lasts until it is terminated according to the provisions in clause 12. The Agreement has a mandatory period calculated from the date the Agreement comes into force and until 6 months after the turn of the month following the date the Agreement comes into force. The period from the date the Agreement comes into force and until the end of the obligatory period is called “Subscription term”. After the expiry of this first Subscription term, the agreement is renewed for new Subscription terms that correspond to the relevant invoicing period.
Maintenance/Upgrades
The Customer shall be given access to new versions and service releases of the Software as soon as these become available. Updates are released according to potential needs, where the needs shall be assessed by O1 depending on what the changes contain. Examples of changes in new versions and updates might be:
- Fault corrections in the Software as a result of reports received from the Customers.
- Changes to the Software as the result of preventive maintenance.
- Changes in the functionality of the Software because of wishes expressed by the Customers.
- Reprogramming as a consequence of a desired change to the structure of the Software or new drivers etc.
- General improvements/changes in the Software. Each new version of the Software will be accompanied by an installation guide in electronic format. Normally, a description of changes in the new version compared to the earlier versions will also be provided.
Responsibility
The Software, covered by this Agreement, is O1 software. O1 sole responsibility is that the Software essentially conforms to the accompanying documentation. If the Software does not essentially conform to the accompanying documentation, that essentially conforms to the accompanying user manual. No liability can be claimed as a result of faults or errors in the Software, unless expressly stated. O1 will not give any warranty or promise that the functionality in the Software will cover the Customer’s individual requirements or needs. O1 gives neither any warranty nor any promise that interruptions or errors will not occur during the usage of the Software. 01 disclaims all responsibility for damages and losses that might be caused by faults or errors in the Software. O1 shall under no circumstances be responsible for indirect losses, including, but not limited to lost profits of any kind, loss of revenues, loss of anticipated savings or indirect or consequential damages of any kind or losses as a result of delayed startup of operation or operational disruption, lost goodwill, deprivation and third-party claims.
Prices and Payment
The price for subscription to the Software will collected after 30days from the date of subscription, the Customer shall be invoiced for the period from the order has been confirmed by O1 and to the end of the running Subscription term. The subscription price for the Software can be adjusted annually, with a maximum increase equivalent to the local price index, without any notification. Any increase takes place in January of each calendar year, based on the increase in the consumer price index in the preceding calendar year, effective from the beginning of the next subscription period. The Agreement shall be invoiced in advance. The invoice shall cover the period which is agreed in the proposal from O1. The first invoice period shall be calculated from the turn of the month following the date the Agreement comes into force. If the Customer utilizes the Software beyond the limitation of the usage rights in this Agreement, does not pay mounts when due, or otherwise does not fulfil its obligations pursuant to the Agreement, O1 shall have a right to terminate the Agreement with immediate effect if payment is not done on 31st day after date of subscription. O1 may modify the terms and conditions of the Agreement – including the price for subscription to the Software – with 90 days prior notice, with effect from the start of the following Subscription term. The Customer recognizes that O1 has a right to include in the Software functionality that locks the Software after a period defined by O1. This functionality will be effective to the extent the subscription fee is not paid by the Customer when due. The Software will in such cases not be available for use before such amounts, including interest and other potential expenses in relation to the payment default, are paid.
Termination of Agreement
Each party can terminate the Agreement. The termination of the Agreement must be done in writing and will have effect from the end of the running Subscription term. A written notice of termination shall be sent to the other party at least 30 days prior to the end of the running Subscription term. The termination shall not involve any form of refund of the compensation and shall only indicate that there will not be extended for the next Subscription term. If the terminate notice is not issued in accordance with the provisions in the first paragraph, the Agreement shall be automatically renewed for a new Subscription term
