The Community 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 share experiences and easily receive information about our products and services.

These Community Terms of Use (“Community Terms”) are the terms that apply to your use of the Community. By registering and using the Community, you agree that you are subject to and will comply with the Community 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 Community Terms without notice. Your continued use of or access to the Community following the posting of any changes to these Community Terms constitutes acceptance of those changes.

1. Registration and access

In order to access the Community, 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 Community Privacy Statement. You will become a Community user after acceptance of these Community Terms.

All information you provide in your profile must be complete and accurate.  If you believe your access to or use of the Community has been breached, compromised, or unauthorized, notify us immediately at community@kongsbergdigital.com.

2. Community Guidelines

You must review and follow the Community Guidelines. We may change the Community Guidelines from time to time by updating the applicable webpage. Your use of the Community is subject to the Community Guidelines, as amended from time to time, which are incorporated to these Community Terms by reference.

We may immediately suspend use of the Community, without notice, for actual or suspected violations of the terms contained in this Section 2 (Community Guidelines) or for other reasons in our sole discretion.  If you know of usage that is in violation of this Agreement, please let us know by contacting us at community@kongsbergdigital.com.

3. Your Submissions

As a user of the Community, you may have the ability to make content, including but not limited to forum posts, questions, statements, videos, images, avatars and links ("Submissions") available through the Community.

Users are solely responsible for all Submissions to the Community. 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 Community Terms. KDI will make reasonable efforts to investigate allegations that Submissions violate the Community Terms but (a) makes no warranty to you that it 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 and KDI accepts an irrevocable, perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, with respect to the Submission.

4. Intellectual Property

You are not granted a license to any KDI products or any intellectual property rights therein under these Community Terms. 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 KDI products. You agree to not disclose, advertise, reproduce, or use any information regarding the foregoing obtained through the Community without KDI’s prior written consent.

We encourage all Community 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.

5.  Privacy

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

KDI is not responsible for the privacy policies or practices of any non-KDI websites that users may link to on the Community.
Information that you provide to the Community as part of your profile will be visible to the Community users. You can edit or delete any information that you provide as part of your profile.
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Any Submissions that you contribute to the Community will be published with either your display name or name with a link to your profile. When you request for the deletion of your user profile, KDI will retain the Submission associated with your profile under an anonymised format for as long as it is required for the operation of the Community or required to maintain the integrity of content in the Community.  
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We also reserve the right to access, read, 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 Community 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.

6. Term and termination

We may suspend and/or terminate your access to the Community immediately if you: (i) violate any part of these Community Terms, including failure to comply with the Community Guidelines, (ii) use the Community 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 Community will immediately cease and you must promptly discontinue all further use.

7. Disclaimers

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

Some Submissions 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.

8. 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 COMMUNITY, 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.

9. 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 Community in violation of these Community Terms, (b) your violation of any law or the rights of any third party, or (c) any Submissions you post to the Community, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

10. Governing law and venue

These Community 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.