The website www.exselo.com (the “Website“) and it's contents are property of and managed by Exselo based in Oslo, Norway (“Exselo“). These terms and conditions of use (“Terms of Use“) apply to your visit to and your use of this Website, as well as to all Website Content (as defined below). By accessing and using this Website and/or Website Content, you irrevocably agree that such use is subject to these Terms of Use.

Exselo expressly reserves the right to modify the Terms of Use at any time in its sole discretion, without notice to you. Any continued use of the Website after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. You are therefore advised to regularly read these Terms of Use for possible changes.

Content

• Exselo Content:

  Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software, FAQs and other content) available on or from the Website (collectively, “Exselo Content”) are the copyrighted works of Exselo and its licensors, and Exselo and its licensors expressly retain all right, title and interest in and to the Exselo Content, including and without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the Exselo Content may violate copyright and/or other applicable laws.

• Third Party Content:

  In addition to Exselo Content, the Website may contain information and materials provided to Exselo by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, which expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

• Limited Website Content License:

  Except as provided in Section Disclaimer of Warranties and Limitation of Liability (see below), Exselo grants you the limited, revocable, non-transferable, non-exclusive right to use the Website and the associated Exselo Content and Third Party Content (collectively, “Website Content”) by displaying the Website Content on your computer, and downloading and printing pages from the Website under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Website Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any pages of the Website or Website Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Website Content and (v) you do not copy any Website Content to any other media or other storage format.

• User Content:

  If you elect to display, post, submit or otherwise make available to others, on the Website any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, “User Content”), you hereby grant to Exselo (to the extent permitted by applicable law) a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose. In addition, you hereby irrevocably represent and warrant to Exselo that (i) you have all necessary power, authority, right, title and/or licenses to grant to Exselo the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Websites, and the exercise by Exselo of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party. You hereby irrevocably agree to indemnify, defend and hold Exselo, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses arising out of or related to any third party claim resulting from a breach of the foregoing representations and warranties.

• Software:

  To the extent that the Website contain Exselo Content or Third Party Content that is software available for download (“Software”), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a “License Agreement”) accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement. ANY SOFTWARE AVAILABLE ON THE WEBSITE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, OR TO THE EXTENT NOT PERMITTED UNDER APPLICABLE LAW, EXSELO EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

• Trademarks:

  All trademarks, service marks and logos included on the Website (“Marks”) are the property of Exselo or third parties, and you may not use such Marks without the express, prior written consent of Exselo or the applicable third party.

• Monitoring:

  Exselo may, but is not obligated to, monitor Website Content, User Content and your use of the Website. Exselo reserves the right to accept, reject or modify any Website Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Website Content or User Content.

Your Use of the Website

• Submission of User Content:

  In connection with your use of the Website, you agree not to submit any User Content which (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory or (vi) violates any applicable law or government regulation.

• Prohibited Conduct:

  You may not use the Website to post, transmit or link to (i) any advertisement, promotional materials or solicitation related to any product or service that is competitive with Exselo products or services or (ii) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses. You may not deploy to the Website any robot, spider, website search/retrieval application, or other application designed to retrieve, index, “data mine,” information from the Websites.

• Registered Users:

  If you become a registered user of the Website in order to gain access to support or other limited access parts of the Website, you agree (i) that the information you provide to Exselo in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that Exselo reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Website to any third party without the prior written consent of Exselo and (iv) not to permit any third party to use your user name and password to access the Websites. You further agree that you are responsible for the conduct of any party that uses your account, whether or not authorized by you, and for any breach of the security of the Website related to the use of your user name and/or password.

• Indemnification:

  You hereby irrevocably agree to indemnify, defend and hold Exselo, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to your use of the Website.

• Export Control:

  You hereby represent and warrant that you understand and acknowledge that some Website Content may be subject to export, re-export and import restrictions under applicable law and that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.

Commercial Transactions

Additional terms and conditions (“Additional Terms“) may apply to specific information, Website Content, User Content, transactions (including purchases of products or services) concluded through the Website, products or services provided by Exselo, or portions or features of the Websites, including contests, promotions or other similar features (“Additional Service(s)“). The Additional Terms shall be incorporated by reference into and made part of these Terms of Use. In the event of a conflict between these Terms of Use and the Additional Terms, the latter shall prevail with respect to the Additional Services.

Where Additional Terms apply, these will be accessible for you to read either within, or through your use of, the Additional Services. You are advised to read any Additional Terms carefully. You will be required to agree to accept such Additional Terms (including, where applicable, representing that you are of sufficient legal age to use or participate in an Additional Service), either by clicking to accept or agree to the Additional Terms where this option is made available to you by Exselo in the user interface for any Additional Service or by your use of the Additional Service.

Exselo’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on these Websites should be construed to alter such agreements.

Exselo may make changes to any products or services offered on the Website at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Exselo makes no commitment to update the materials on the Website with respect to such products and services.

Accounts, Security and Passwords

Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Exselo immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Exselo or any other user of or visitor to the Websites due to someone else using your ID, password or account.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Exselo cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Registration for an account is void where the user lacks the eligibility for registration or such registration is otherwise prohibited. Registration for an account, any part of the Website or any service provided by Exselo is not permitted by minors. Any registration by any user who is a minor is expressly prohibited. By submitting registration information, you represent and warrant that you not a minor, that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, that you agree to abide by the terms and conditions of these Terms of Use, and that your registration does not and will not violate any applicable law or regulation. A person who is eligible and desires to create an account may, upon consenting to these Terms of Use, submit an application to register in accordance with the procedures set forth by Exselo. Exselo reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.

Linked Websites

The Website may contain links to other websites that are not owned or operated by Exselo. Exselo provides links to such websites solely as a convenience and has no responsibility for the content or availability of such websites. Exselo does not endorse such websites or any products or services associated therewith. Your use of such websites will be subject to the terms of use applicable to each such website.

Disclaimer of Warranties and Limitation of Liability

• Warranty Disclaimer:

  The Website and it's contents are provided strictly on an “as is” and “as available” basis, and Exselo makes no warranty that the Website or it's contents are complete, suitable for your purpose, or accurate. On behalf of itself and its licensors, Exselo hereby expressly disclaims any and all implied, statutory or other warranties with respect to the Website, availability of the Website and the Website content, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. The entire risk as to results obtained through the use of the Website and/or the Website content rests with you and Exselo makes no representation or warranty that the availability of the Website will be uninterrupted, or the Websites and/or the Website content will be error free.

• Limitation of Liability:

  To the fullest extent permitted by applicable law, you agree that Exselo shall not be liabile to you for any damages arising out of or connected to your use of, or inability to use, the Website, including, without limitation, any and all direct, indirect, incidental, consequential, punitive, special, exemplary or statutory damages (including, without limitation, loss of business, loss or profits, loss of revenue, loss of data, loss of goodwill or for any cost of cover or cost of procurement of substitute goods or services), even if Exselo has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence.

• The above does not affect our liability arising from gross negligence, or willful intent, nor any other liability which cannot be excluded or limited under applicable law.

Contributions / Unsolicited Ideas

By submitting ideas, feedback, suggestions, documents, and/or proposals (“Contributions”) to Exselo through its suggestion or feedback webpages, Exselo shall be entitled to use, copy and/or commercially exploit such Contributions to the fullest extent and free of charge and Exselo shall not be bound by any confidentiality obligation in respect of such Contributions.

You hereby indemnify and hold Exselo harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Exselo as a result of the use and/or exploitation of the Contributions infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

Severalibility

If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of the void part as much as possible, taking into account the content and the purpose of these Terms of Use.

Applicable law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Norwegian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Oslo.