User agreement

Version 7 (2021-08-01)

1 Introduction

These general provisions govern the rights and obligations of Licensee, Licensor and User in connection with the provision or use of the Product, unless otherwise expressly agreed between the Licensor and licensee.

Licensee becomes bound by these general provisions by completing the installation or login process, thereby confirming that licensee has read and accepted the general provisions or by otherwise accepting the general provisions. Licensee is responsible for entering into the Agreement to ensure that Users within the Licensee’s organization have accepted these general provisions. Users shall always be deemed to be bound by these general provisions with their use of all or part of the Product.

The Licensor, licensee and User respectively undertake to comply with these general provisions when providing, or using the Product.

2 Definitions

The Product is the service or services provided by the Licensor through the Agreement to Licensee under the name EL-VIS, with functions in accordance with from time to time, established by the Licensor, applicable product specification.

The Licensor is EL-Info i Växjö AB, org.nr. 556492-1756, and holds the intellectual property rights to the Product and the right to provide the Product both himself and through others.

Licensee is a trader or private person who has entered into an agreement with the Licensor regarding the use of the Product.

The User is a natural person within the Licensee’s organization who has been given the right to use the Product. Through the User, Licensee uses the Product. The User is only entitled to use the Product on behalf of licensee.

The Agreement is the agreement entered into by the Licensor and licensee regarding the Product and always includes these general provisions.

3 Right to the product

Copyright in computer programs, online services, presentations, databases and other works and any other intellectual property rights relating to the Product and other products accessed by the Licensor through the Agreement are vested in the Licensor or third parties on the Licensor’s side. Such rights are not vested in licensee. These rights may only be exercised by Licensee in direct connection with the Product to the extent expressly stated in the Agreement. All rights not expressly convolved to Licensee are reserved to the Licensor or third parties on the Licensor’s side.

The use of the Product requires licensee to have access to hardware and software equipment. The licensor is not responsible for the existence of such equipment or the equipment being sufficient to use the Product.

4 Leasing and use of the Product

4.1 Generally

Through the Agreement, the Licensor grants licensee an unlimited, non-exclusive right, as part of its professional activities, to use the Product in accordance with the terms and conditions set out in these General Provisions. The right of use of the Product, as well as limitations in this right of use, includes in-depth computer programs, online services, databases and other works in the Product.

The licensor’s leasing of the right of use to the Product presupposes that use of the Product is in accordance with these general regulations. If the User does not comply with the content of these general regulations, the User has no right to install or use the Product.

In order for Licensee to have the right to use an annual subscription or other update regarding the Product, Licensee must first acquire the right to use the original Product to which the annual subscription or update relates.

Licensee has the right to produce copies of the computer programs included in the Product that must be produced for technical reasons when executing these computer programs, i.e. so-called utility copies, and in doing so the Product is credited through the graphical user interface that is part of the Product.

Except as set out in the preceding subparagraph, Licensee may not produce any copies, either in its original or modified state and in any technical form of production, of the Product, nor of its own use.

Licensee does not obtain access to any source code for the Product, nor does it have the right to modify the Code, whether it is to correct errors or make functional changes or decompile the Product.

Licensee may not remove or modify the marking or other copyright information in the Product.

Licensee may not, for or without consideration, transfer or lease all or part of the Product or the right of use obtained by the Product.

Licensee shall otherwise comply with Swedish applicable legislation and international applicable agreements, such as copyright law, the EU Data Protection Regulation (GDPR) and all other applicable laws and regulations in connection with the use of the Product.

Licensee is responsible for compliance with the Licensor’s basic business principles. The licensor’s business principles mean that the Service may, under no circumstances, be used for the handling or storage of text, images, films or sounds that have pornographic content or other content that may be perceived as offensive, racist, generally inappropriate or promotes crime. The Licensor has the right to terminate the Agreement with immediate effect if the Licensor considers licensee to be in breach of any part of the Agreement or the Licensor’s business principles. The fee paid will not be refunded upon termination of the Service for the above-listed reasons.

To the extent that special terms and conditions apply to parts of the Product, or other goods and/or services accessed by Licensee through the Agreement, Licensee and the User are obliged to comply with such terms. For the sake of clarity, it must be stated that licensee and user must comply with the rules set out by SEK Swedish Electricity Standard, when using SEK standards and/or Manuals to the extent that they are included in the Product. These terms and conditions are available in a PDF document found in conjunction with the Product.

Otherwise, leasing is only done to the extent that this does not infringe the rights of third parties.

The lease or the Agreement otherwise does not transfer any of the rights referred to in the first paragraph of paragraph 3 to licensee.

4.2 Licenses

4.2.1 Standard

Unless otherwise agreed, Licensee has acquired a Standard License for one (1) user.

For EL-VIS Desktop or EL-VIS Maxikod, the standard license refers to the right of use of the Product for the agreed number of Users within the same organization in a geographical location.

For EL-VIS Online and other online services, standard license means the right of use of the Product for the agreed number of Users within the same organization regardless of geographical location.

4.2.2 Central (Enterprise)

Central license means the right of use of the Product for the agreed number of Users within the same organization, regardless of geographical location.

4.2.3 Student

Student license refers to the right of use of the Product for one (1) User who is demonstrably studying to electrical permissions.

A student license may only be used for studies. To be used for commercial purposes, a Standard or Central license must be obtained.

4.2.4 School

School license means the right of use of the Product for unlimited users within the same school in a geographical location.

School licenses may only be used for studies. To be used for commercial purposes, a Standard or Central license must be obtained.

4.3 Recording of data

Information about licensee collected in connection with the conclusion of this Agreement between the Parties. Data is processed by the Licensor for the conclusion, administration and performance of the parties’ agreements. Furthermore, in order for the Licensor to improve the Product and for the Licensor to be able to monitor compliance with this Agreement.

If Licensee is a natural person, the above information is to be designated as personal data. Such Licensees thereby give their consent for the Licensor to process the personal data obtained. The Licensor undertakes to process personal data in accordance with the purposes set out in this Agreement and in accordance with the law in force at any time (EU Data Protection Regulation, GDPR). Anyone who wishes to have information about what personal data about him or her is being processed may request in writing the information from the Licensor.

See the applicable privacy policy here

5 Transfer of contracts

Licensee may not transfer or lease all or part of the Agreement without the Licensor’s express consent. Transfer, leasing and possible consent shall be made in writing. The licensor is entitled to an administration fee upon transfer.

The Licensor may, without licensee’s consent, transfer all or some of its rights under the Agreement. The Licensor also has the right, without Licensee’s consent, to transfer its obligations under the Agreement, to another company within the same group or to third parties that acquire a substantial part of licensor’s business.

6 Licensor’s liability

The Licensor does not warrant that the Product is free from software errors or similar errors, rights errors or defects in the functionality, quality or suitability of the Product in general.

Thus, in the event of the above errors, Licensee is not entitled to remedial, redelivery, price reduction, cancellation, compensation or other form of penalty.

The Licensor is not responsible for the licensee’s information being up to date.

The Licensor is not liable for compensation or otherwise liable for any direct or indirect damages by Licensee or any other party that may occur due to defects in the Product or defects or omissions by the Licensor. Examples of such errors are deficiencies or errors in software and/or data, lost data, intellectual property errors, etc.

7 Fees and payment

Unless otherwise specified in the Agreement, Licensee shall, for its right of use to the Product, pay a fee to the Licensor in accordance with the price list applicable at the time of invoicing with the Licensor.

Licensee pays a fee for the Product by invoice. Invoice is sent when licensee receives the right to use the Product. To the extent that the fee relates to annual subscriptions or other annual fees, Licensee pays a fee for the Product in the form of prepayment per year by invoice.

Any complaint against invoice must be made within 14 days from the invoice date in order to be invoked. Payment terms are thirty days from the invoice date. However, the Licensor has the right to change the terms of payment if the Licensor considers it justified by licensee’s financial circumstances. Interest on late payment will be charged from the due date with the current reference rate plus eight percentage points. The licensor has the right to charge customary fees for invoicing and reminder.

8 Term

Contracts for subscriptions to the Product are valid, unless expressly agreed otherwise, until further notice.

From the month in which the Agreement is concluded, the term of binding is twelve (12) months. After that, the Agreement runs until further notice. Notice period of three (3) months applies.

Each party has the right to terminate the Agreement with immediate effect if the other party is declared bankrupt, liquidated, occupies composition negotiations, suspends its payments or otherwise is likely to have defaulted.

If Licensee does not comply with these general provisions, the Licensor has the right to terminate the Agreement with immediate effect. The Licensor is also entitled, where applicable, to compensation for all damages suffered by the Licensor as a result of the breach of contract, regardless of whether the termination of the Agreement has occurred.

9 Legislation and dispute

Swedish law shall apply to the Agreement.

Any dispute in connection with the Agreement shall be decided by a general court with Växjö District Court as the first instance.

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