End User License Agreement (EULA)

Appendix 4 – End User License Agreement (EULA)

Last updated: 22 June 2023

1. Introduction

By using the Product, you agree to have entered into a binding agreement with the Supplier and accept that your use of any Product is subject to this Agreement, effective as of your use.

If you as the End User do not agree to the terms of the Agreement, any use of the Product by the End User is prohibited and the End User is not permitted to install or use the Product.

2. Definitions

Customer: The company that pays the License Fee for the Products on behalf of the End User.

End User: The physical person using the Products on behalf of the Customer.

EULA: This End User License Agreement between the Supplier and the End user.

SaaS: Software-as-a-Service is a software distribution model in which a third-party provider such as the Supplier hosts software applications such as the Products and makes the Products available to customers such as the Customer with its End Users over the Internet. Instead of a one-time-transaction the Customer subscribes to the Product and pays the Supplier a recurring fee called the License.

Products: The software or other solutions that the Supplier had developed that the Customer has paid the License Fee for providing the Customer’s End Users a right to use as described in the EULA. The Products may be described on the Suppliers web site and in the Fished Platform.

Supplier: Fished AS with business registration no. 924 507 748, and registered office address at Dronningens gate 2A, 4610 Kristiansand S, Norway.

3. Your rights and obligations to the Product as the End User

Once the Customer has paid the License Fee for the Products, you as the End User will receive a non-exclusive, non-transferable, royalty-free and time-limited license (right of use) to the Product(s) in object code within the scope of this EULA.

The End User is responsible and liable for all use of the Product, including the data the End User enters into the Product, how the End User uses data generated from the Product and any other results that the End User’s use of the Product generates.

The End User shall comply with any and all restrictions regarding use of the Product, which may be stipulated in manuals and similar documentation related to a Product, this Agreement or other restrictions which the End User should reasonably expect from the Supplier, such as ensuring that the Product is not exposed to computer viruses or similar.

The End User shall have no right of title or ownership to the Product, and no right to sub-license or to distribute, license (whether or not through multiple tiers) or otherwise transfer the Product to any third party or incorporate the Product in any software, product or technology. The End User cannot assign rights or obligations without the Supplier’s written consent.

The End User may not reverse engineer, decompile, modify or disassemble the Product or otherwise reduce the Product to human-perceivable form in whole or in part, except and only to the extent that such activity is expressly permitted by this Agreement or by applicable laws.

The End User hereby confirms that the End User will not engage in any sort of hacking, tampering, modifying or altering of the software. This applies regardless of the intention. Any breach of this obligation will result in termination in accordance with this EULA.

4. Your rights and obligations to the Account as the End User

The Customer is responsible for their own Account. The Customer’s username and password are for the use of End Users appointed by the Customer. The End User is responsible for maintaining the confidentiality of the provided username and password and the End User is fully and solely responsible for all activities that occur through the use of the Customer’s Account, whether authorized by the Customer or not.

It is the End User’s responsibility to take adequate precautions to ensure the integrity and confidentiality of username and password. The End User shall immediately notify the Customer and Supplier if the End User becomes aware of any unauthorized use of the Customer’s Account. Customarily, the Customer’s email address will be used as the End User’s username. It is therefore vital that the End User’s password is treated as strictly confidential, as possessing the combination of these two will allow unauthorized persons to access the Customer’s Account.

5. Personal Data 

Since the Products are SaaS, the content from the End User generated while using the Products will be accessible for the Supplier in the Supplier’s cloud systems.

The End User should not include personal data (sensitive or not) related to other identifiable persons in any user-generated content unless strictly necessary for use of the Products, in example name of the person that will perform an inspection. The Supplier is not responsible for any content generated by users. The End User acknowledges that the End User’s user-generated content could potentially be viewed, reproduced, published, shared and/or modified by third parties, including law enforcement agencies. The End User acknowledges that End User’s data may be published and shared with other end users of the Product.

If the End User enters any personal data to the Product and/or any of the Supplier’s other databases or systems, whether as user-generated content or as data related to an End User’s account, the End User is responsible for ensuring a legal basis for the required processing of that personal data.

The Supplier will only need to process personal data such as name, phone number and e-mail address of the Customer’s contact persons, and name, phone number, e-mail, place of work/employer, language, username and password for the End Users and billing information as well as company name regarding such persons.

6. Intellectual Property Rights (IPR)

Products: The Supplier with its prospective licensors, retain all copyright and all other intellectual property rights and other related rights to the Products, including the technology and databases behind the Product as well as the Product’s associated software. This also applies to any corrections, bug fixes, enhancements, updates, improvements or modifications thereto and the End User hereby irrevocably transfers, conveys and assigns to the Supplier all of its rights, titles and interests therein.

Customer data (data generated by use of the Products): The Customer retains the property rights that are rightfully theirs to the data that the Customer or the End User enters into the Products. The Supplier is responsible for keeping standard backups of all data the End User enters into the Products as long as the data is entered in the period the Customer has paid a License for. The Customer and the End User are also responsible for the way their respective use such data.

7. End User’s Responsibility and the Supplier’s indemnification 

The End User commits to ensure the Product is used by the End User only for purposes as intended by the Supplier and pursuant to the EULA.

The End User is responsible for procuring, financing and maintaining necessary computer equipment and internet access etc. to ensure access to the Product. The End User is responsible for the creation, maintenance and use of any data or other content received from or through the Product.

The End User is responsible for ensuring that the End User is using the Product and any of its content correctly, including to ensure that any use or data entry does not constitute an infringement of third-party intellectual property rights. This obligation applies to any use of the Product, including the End User’s receipt or distribution of data or information belonging to any third party as well as content that is imported from any other service provided by the Supplier to the End User.

The End User agrees that under no circumstances will the Supplier be liable in any way for any content, including any errors or omissions, or any loss or damage of any kind incurred as a result of the End User’s use of any content. The End User understands that the End User must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content.

The End User may not use the Products in a way prohibited by law, regulation, governmental order or decree; to violate the rights of others; to try to gain unauthorized access to or disrupt any service, device, data, account or network; to spam or distribute malware, or in a way that could harm the Products or impair anyone else’s use of it. The End User shall refrain from using the Products in a way that is unlawful, unethical or may discredit, depreciate or otherwise be harmful to the Supplier’s reputation or goodwill, and shall also refrain from making statements in relation to the Supplier or the Products with similar effects, in so far as this restriction is permissible by applicable law. If the Supplier becomes aware that the End User has breached this paragraph, the Supplier shall first give the Customer a notice with ten (10) days to cease and remedy the damages. If the Customer fails to do so in the given time, the Supplier may revoke the Customer’s License with immediate effect.

In the event the Supplier becomes aware that the End User has used the Products for gross human rights violations, the Supplier retains the right to revoke the Customer’s license with immediate effect, thereby also terminating the EULA with the End User.

8. Termination

This EULA lasts for the duration of the License Period (dependent on a paid License Fee by the Customer for each License Period). The End User’s rights will automatically cease when the License Period covered by the License Fee expires. However, the End User may have reading and printing access to reported data and reported discoveries from use of the Products during the License Period as long as the Customer has paid the Supplier for the storage cost and still provides the End User with such limited access to the Products.

The EULA will automatically terminate on the same calendar day the Agreement between the Customer and the Supplier is terminated. Upon termination of the EULA, the Supplier may make the Products non-accessible for the End User. If after such termination the End User is or becomes aware of or has been notified about through normal channels such as the account of the End User or similar, that he or she still has access to the Products, the End User agrees to immediately cease using the Products or destroy all copies of the Product.

The Supplier shall have the right to audit the End User to verify that their use of the Product is in accordance with this EULA, and the End User will provide reasonable assistance for this purpose. The Supplier has the right to terminate the EULA with a specific End User upon thirty (30) days written notice to the End User.

9. Liability limitations

The Product is sold “as is”. The Supplier shall not be liable towards the End User if the Product is unavailable for a short amount of time, nor does the Supplier guarantee that the Product will always be available. Updates and service to the Product as well as unforeseen obstacles may incur shorter periods of unavailability.

The Supplier does not warrant that the Product(s) are free from errors or defects. The Supplier does not warrant that the Product can be used for one or several specific purposes or will function without problems with third party’s products or systems.

The Supplier is not liable for loss, injury to, and deletion or similar of data, software, systems etc. made by any End User. The Supplier shall under no circumstances be liable towards the Customer or the End User for any loss, whether consequential, indirect or direct, unless mandatory law stipulates otherwise. In the event of such mandatory law, the Customer and the End User loses the right to argue liability/sanctions against the Supplier under this EULA if the Supplier has not received written, specific complaints within 30 days after the Customer or the End User discovered or should have discovered the breach of contract.

10. Disputes

The EULA shall be interpreted and governed in accordance with Norwegian law. Any disputes related to the EULA shall be decided by the ordinary courts of Norway, and the Parties consent that all disputes are submitted under the jurisdiction of the Oslo District Court (Oslo tingrett).