1. General conditions
 

1.1. Under this End User Licence Agreement (the "Agreement"), Vobling AB (hereafter "VOBLING") grants to the user (the "Licensee") a non-exclusive and non-transferable licence (the "Licence") for the specific software product they have purchased (the "Software").

1.2. "Software" includes the executable computer programs, software and any related printed, electronic and online documentation and any other files that may accompany the product.

1.3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with VOBLING. Intellectual property rights include the functionality, look and feel of the Software.

1.4. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Software.

1.5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.

1.6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

1.7. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.

 

2. License Fee
 

2.1. The original purchase price paid by the Licensee will constitute the entire licence fee and is the full consideration for this Agreement.

 

3. Limitation of Liability
 

3.1. The Software is provided by VOBLING and accepted by the Licensee "as is". Liability of VOBLING will be limited to a maximum of the original purchase price of the Software less depreciation in value from the commence of the Agreement to the date a claim is settled. VOBLING will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss or profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.

3.2. VOBLING makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

3.3. VOBLING does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

 

4. Warrants and Representations

 

4.1. VOBLING warrants and represents that it is the copyright holder of the Software. VOBLING warrants and represents that granting the licence to use this Software is not in violation of any other agreement, copyright or applicable statute.

 

5. Acceptance
 

5.1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on registration of the Software with VOBLING.

 

6. Support
 

6.1. As long as you maintain an active license, you are entitled to support for the application via email at support@vobling.com.
 

6.2. Vobling will respond to support requests as soon as reasonably possible and strives to provide prompt assistance.
 

6.3. The Licensee is also entitled to maintenance upgrades and bug fixes of the application, at no additional cost.

 

7. Term
 

7.1.1 The term of this Agreement for the VR Fire Trainer application will begin on Acceptance and will continue for a period of twelve (12) months. The Agreement will automatically renew for successive twelve (12) month periods unless either party provides written notice of termination at least three (3) months prior to the renewal date.

7.1.2 The term of this Agreement for the VR training applications Hot Work, Work at Height, and Electrical VR Training, which can be purchased directly via the website, will begin on Acceptance and will continue on a month-to-month basis. The Agreement will automatically renew each month unless either party provides written notice of termination at least one (1) month prior to the next monthly renewal date.

7.2 At the end of the term, access to the Software will be terminated. Vobling will provide offboarding support to assist in the removal of Licensee data from the Software, which can be requested by contacting support@vobling.com.

8. Termination by Licensee default

 

8.1. This Agreement will end if the Licensee does not follow the terms of this Agreement. If the Agreement ends, the Licensee will no longer have access to the Software.

 

9. Force Majeure
 

9.1. VOBLING will be free of liability to the Licensee where VOBLING is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where VOBLING has taken any and all appropriate action to mitigate such an event.

 

10. Additional Clauses
 

10.1. Licensee data records retained by the Software are securely stored on VOBLING servers.

10.2. Licensee data records remain the property of the Licensee for the duration of this Agreement.

10.3. VOBLING has the sole right to review, analyse and report aggregated data records collected on VOBLING Software whatever the origin.

10.4. VOBLING’s rights extended to data activity reporting.

 

10.5. Licensee agrees to allow VOBLING to use this data for reporting and marketing purposes.

 

10.6. Licensee agrees to allow VOBLING to publish the Licensee organisation name as customer.

 

10.7. VOBLING gives an explicit undertaking that it will not disclose any individual information stored by Licensee on the Software at any time without the prior written consent of the Licensee.

10.8. If the Licensee or VOBLING terminates this Agreement, VOBLING will, within three (3) months after the termination date, provide offboarding support to remove all end-user data from the Software. The Licensee can request this support by contacting support@vobling.com.

10.9. VOBLING has the right to communicate directly with the Licensee.

 

11. Governing Law
 

11.1. This Agreement is governed by and construed in accordance with Swedish law.

11.2. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.

11.3. The seat of arbitration shall be Stockholm, Sweden, and the language to be used in the arbitral proceedings shall be English, unless otherwise agreed between the disputing parties.

11.4. The Parties agree not to disclose any information obtained in connection with the arbitration proceedings (including all communications, decisions and rulings in the arbitration proceedings) to any third party unless the other Party has given its written consent to disclose such information or if required to do so by law or other binding regulations.

 

12. Miscellaneous
 

12.1. This Agreement can only be modified in writing signed by both VOBLING and the Licensee.

12.2. This Agreement does not create or imply any relationship in agency or partnership between VOBLING and the Licensee.

12.3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

12.4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

12.5. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

12.6. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the VOBLING successors and assigns.

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13. Notices
 

13.1. All notices to VOBLING under this Agreement are to be provided at the following address:

Vobling AB, Torsgatan 26, 113 21 Stockholm, Sweden