Welcome to the Kongsberg Digital Product Academy (the “Academy”)!  The Academy is an online platform provided by Kongsberg Digital AS (collectively, “KDI”, “we”, “us” and “our”) where its customers and partners (collectively “you” or “your”) can easily receive information about our products and services through courses and certification (“Academy Content”).

These Academy Terms of Use (“Academy Terms”) are the terms that apply to your use of the Academy. By registering and using the Academy, you agree that you are subject to and will comply with the Academy Terms set forth below, as amended from time to time.  

We reserve the right, at our sole discretion, to modify or replace any part of these Academy Terms without notice. Your continued use of or access to the Academy following the posting of any changes to these Academy Terms constitutes acceptance of those changes.

1. Registration and access

In order to access the Academy, you are required to create a user profile through KDI’s authentication solution. During the process, you are invited to provide personal profile information that may be used by us in accordance with our Privacy Statement. You will become an Academy user after acceptance of these Academy Terms.
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All information you provide in your profile must be complete and accurate. You are responsible for maintaining the confidentiality of your login credentials. If you believe your access to or use of the Academy has been breached, compromised, or unauthorised, notify us immediately at academy@kongsbergdigital.com .

2. Your Submissions

As a user of the Academy, you may have the ability to interact with the Academy Content through user engagement features, including but not limited to polls, quizzes and open fields to provide feedback, opinions, reflections or ask questions ("Submissions").  

Users are solely responsible for all Submissions to the Academy. KDI has limited control over users’ Submissions, and we do not endorse any user Submissions. We do not pre-screen all Submissions. We retain the right, but not the responsibility, to edit or remove any Submission, including those we deem to violate the Academy Terms. KDI will make reasonable efforts to investigate allegations that Submissions violate the Academy Terms but: (a) make no warranty to you that we will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever.

Additionally, KDI does not make any representations, warranties, or covenants about the reliability of any source or the accuracy, safety, or intellectual property rights of any Submissions. By posting a Submission, you represent and warrant to either own or have all the intellectual property rights necessary to upload or share all content contained within such Submission and that the Submission does not infringe on the intellectual property rights of others.

By posting a Submission, you agree to grant KDI an irrevocable, perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, translate, create derivative works from, and distribute the Submission.

3. Intellectual Property

You are not granted a license to the Academy Content, any KDI products or any intellectual property rights therein under these Academy Terms. The Academy Content and the KDI products belong to and are the intellectual property of KDI or our licensors (if any), and we retain all ownership rights to them.

You acknowledge the proprietary and confidential nature of the Academy Content and KDI products. You agree to not disclose, advertise, reproduce, or use any information regarding the foregoing obtained through the Academy without KDI’s prior written consent.

We encourage all Academy users to comment on existing or potential KDI products and provide suggestions for improving them. You agree that all such comments, advice, ideas and suggestions will be non-confidential and that we own all rights to use and incorporate them into the KDI products, without payment or attribution to you.

4.  Privacy

KDI is committed to protecting your privacy. We describe how we collect and process your personal data when you use the Academy in the following Privacy Statement.

5. Term and termination

We may suspend and/or terminate your access to the Academy immediately if you: (i) violate any part of these Academy Terms, , (ii) use the Academy in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion. Upon termination, all your access rights to the Academy will immediately cease and you must promptly discontinue all further use.

6. Disclaimers

The Academy and all related services and information are provided on an “as is” and “as available” basis without any warranties of any kind and KDI expressly disclaims any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement of any intellectual or other proprietary rights. You acknowledge that KDI does not warrant that the Academy and any related services will be uninterrupted, timely, secure, or error-free. KDI reserves the right to temporarily suspend access to the Academy for maintenance, updates, or unforeseen circumstances.

Some Academy Content may contain information about products and services not provided by KDI or links to independent websites not controlled or tested by us. Information about non-KDI products or links to non-KDI websites are provided without recommendation or endorsement by us. We disclaim all liability with respect to third-party products and third-party sites that you use.

KDI makes reasonable efforts to ensure that the Academy Content remains up to date. However, we do not guarantee that the Academy Content reflects the most recent features or functionalities of the KDI products. For the most accurate and up-to-date information, you are encouraged to consult the latest KDI’s software release notes, user manuals, or official product documentation. If you have specific questions, please contact your designated KDI representative. KDI disclaims all liability for decisions or actions taken based on Academy Content that may be outdated.

7. Limitation of liability

NEITHER KDI, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE ACADEMY, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You will defend and indemnify KDI and its affiliates, and their respective officers, directors, employees, and contractors, from and against any claim by a third party arising from or related to: (a) your use or attempted use of the Academy in violation of these Academy Terms, (b) your violation of any law or the rights of any third party.

9. Governing law and venue

These Academy Terms are governed by the laws of Norway. Any disputes arising hereunder, if not resolved by the parties hereto within sixty (60) days, shall be resolved by binding arbitration under the applicable Norwegian Arbitration Act. Arbitration shall take place in the English language in Oslo, Norway.