Kikora Terms of use

 

General terms for software licences from Kikora AS

1 Definition and interpretation

A Licence is the agreement between Kikora and those who choose to use the service.

The Service represents either part of, or all of the program given subdomain kikora.no, kikora.net, kikora.com (and all other kikora-domains) , specified and limited to ( 1) The number of users (2) gadgets and (3) additional services specified in the license agreement.

License means the right to use the services online and in a web interface. Licensee is the customer/school/ school owner that has signed up for the service. 

Licensor is the legal entity that has the right to sell the services in this agreement. 

A school year is defined as the period from 01. August to 31. July the following year. A school year lasts for 12 months, and consists of 2 semesters. Semester 1 is from 01. August to 31. December. Semester 2 is from 01. January to 31. July.

Unless otherwise described in a contract, one license period lasts for 2 terms. 

2 Commencement

The license agreement commences when it is signed or accepted by licensor and licensee, in written form. The licence is valid as long as the licence fee has been paid in accordance to this agreement. The licensor  is obliged to offer the service for the prepaid period. 

The licensor has no obligations to users of the free content.

The licensor has the right to change the content of this agreement at any time. In such a case, the licensee will be notified by e-mail.

3 The Licence

The licensee is given a non-exclusive, non-transferable licence to the service. The licensor can without notice change the content of the service. The licensor can change the functionality of the service in new versions. The available content can also be changed if licensor contracts with third party suppliers are changed. 

4 Licencee rights and duties

Upon signing the contract, the licensee receives the right to use the service Kikora with the content and functionality specified in the contract or order. The licensee is responsible for making sure the number of users does not surpass the number of users specified in the order or contract. If the number of users exceeds the number of licenses specified in the contract or order, the licensor can notify the licensee and give a fair deadline for reducing the number of users or adjusting the contract. If the licensee has not taken steps to make such adjustments, the licensor can bill the licensee for the extra users according to the list price per licence. 

5 Licensor rights and duties

Licensor shall make sure that the service is available to the licensee through a web host or a third party (for example an LMS). Licensor commits to not sharing any information about users, as described in our privacy policy.

6 Liability

Licensor liabilty is limited to the license fee paid for the two (2) semesters and any licensee claim will be upward limitied to this amount. 

Under no circumstance will licensor be responsible to licensee or any third party for any damages of any kind. Licensor retains the right to correct any faults in the service.

7 Third party

Licensor is not responsible for support, adaptations or development conducted by third parties or contractors. Licensor is not responsible for commitments made by third parties that are a hindrance to this agreement. Licensor is responsible for limiting third party access to users. 

8 Breach of contract

If licensee does not comply to one or any of the terms of use, licensor can immediately shut down access to the service and cancel the contract. Failure to pay will in all cases be viewed as breach of contract and will result in immediate cancellation of the licence.

9 Force Majeure

which in each case directly causes either party to be unable to comply with all or a material part of its obligations under this Agreement;

(1)               Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred (in which case this Clause 20 shall not apply to that extent).

(2)               As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party's obligations under this Agreement.

(3)               The Company shall, and shall procure that its Subcontractors shall, at all times take all reasonable steps within their respective powers and consistent with Good Operating Practices (but without incurring unreasonable additional costs) to:

(a)  prevent Force Majeure Events affecting the performance of the Company's obligations under this Agreement;

(b)  mitigate the effect of any Force Majeure Event; and

(c)  comply with its obligations under this Agreement.

The Parties shall consult together in relation to the above matters following the occurrence of a Force Majeure Event.

(4)               Should paragraph (1) apply as a result of a single Force Majeure Event for a continuous period of more than [180] days then the parties shall endeavor to agree any modifications to this Agreement (including without limitation, determination of new tariffs (if appropriate) in accordance with the provisions of Clause 7(4)(e)) which may be equitable having regard to the nature of the Force Majeure Event and which is consistent with the Statutory Requirements.

10 Bound term and renewal*

Bound duration for this license is for the contract period originally entered into. Agreement thereafter be automatically renewed for another period of time, whether a school year or calendar year, whichever agreement was originally signed for. Licensee and / or licensor may terminate this License Agreement with three (3) months' notice before the start of a new period.

* Pilot schools (schools that have applied to be a part of a Kikora testing phase) are not bound by this clause. In the event that pilot schools wish to continue using Kikora after the testing period has ended, they must buy a school or class licence.

11 Billing and termination

Licensee will be invoiced upon signing the contract and at the start of each contract period as long as the agreement is in effect. Prices will be indexed per 01.03. each year. If a rate adjustment is not made at this date, the licensor retains the right to index the amount of several periods later. Licensor has the right to change prices by giving three (3) months' notice. The notice can be by e-mail or on licensor sites. Payment deadline of invoices is 15 days after the invoice date, unless otherwise stated on the invoice. In the case of delayed payment, licensor will calculate late payment interest in accordance with applicable law.

Invoice

E-mail or other electronic invoices are free of charge. Invoice on paper will have an administration charge of NOK 300,-

12 Disputes and applicable law

Any disputes shall be subject to the courts in Oslo, Norway, and Norwegian law.