B2C Tenant Terms of Use

Kongsberg Digital AS Standard Conditions For Sale

Welcome to the Kongsberg Digital AS B2C Tenant (the “KDI B2C Tenant”)!

The KDI B2C Tenant is a customer identity and access management platform used by Kongsberg Digital (collectively, “KDI”, “we”, “us” and “our”) to authenticate users (collectively, “you” or “your”) of our application and services (the “KDI Applications and Services”).
These KDI B2C Tenant terms of use (the “Terms”) are the terms that apply to your use of the KDI B2C Tenant. By authenticating yourself and creating a user profile, you agree that you are subject to and will comply with the 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 Terms without notice. Your continued use of or access to the KDI B2C Tenant following the posting of any changes to these Terms constitutes acceptance of those changes.

1. Sign-up and creation of user account

In order to access the relevant KDI Applications and Services you have requested for, you are required to create a user account in the KDI B2C Tenant. The creation and management of your user account will be provided by us in accordance with these Terms.

During the process, you are invited to provide personal profile information that may be used by us in accordance with our KDI B2C Tenant Privacy Statement.

You represent and warrant that all the information that you provide to us in the participant registration form is truthful and accurate. If you provide any false, inaccurate, or incomplete information in your participant registration form, we may immediately terminate your account and access.

You are responsible for maintaining the confidentiality of your user account passwords and shall not share your user account or passwords with anyone. You agree to immediately notify us of any unauthorized use of any user account or password. You will be solely responsible and liable for any and all access to, and use of, the KDI Applications and Services by any person logging in under your account.
If you believe your account has been breached, compromised, or unauthorized, notify us immediately through the contact details indicated on the relevant KDI Applications and Services.

2. KDI Applications and Services

Your access and use of the KDI Applications and Services will be subject to separate terms and conditions. You will be invited to acknowledge and agree to them when accessing the relevant KDI Applications and Services you have requested access to.

3. Privacy

KDI is committed to protecting your privacy. We describe how we collect and process your personal data in the KDI B2C Privacy Statement.

Please note that the KDI Applications and Services you use will have separate privacy terms which you can refer to and acknowledge when accessing them.

We also reserve the right to access, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of KDI, its users, and the public.

4. Term and termination

We may suspend and/or terminate your user account immediately if you: (i) violate any part of these Terms (ii) use the account 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 KDI B2C Tenant and relevant KDI Applications and Services will immediately cease and you must promptly discontinue all further use.

5.  Disclaimers

The KDI B2C Tenant 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 KDI B2C Tenant and any related services will be uninterrupted, timely, secure, or error-free.

6. 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 USE OF THE KDI B2C TENANT ACCOUNT, 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.

7. 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 user account in the KDI B2C Tenant in violation of these Terms, or (b) your violation of any law or the rights of any third party.

8. Governing law and venue

These 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.

Last updated 17 October 2023

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