OneCompute – Terms

These terms and conditions (the “Contract”) are made and entered into between (i) DNV AS (hereinafter “DNV”) and (ii) you and the entity on whose behalf you accept this Contract (hereinafter “you” or “Customer”). The Contract is effective as of the date you click to accept the Contract and governs Customer access to and use of the One Compute service in Preview (the “Service”) made available to the Customer on or through the Veracity platform.

By clicking “I accept”, you agree to be bound by the Contract and confirm that you are authorized to sign for and enter into binding agreements for the corporation, partnership, limited liability company or other entity you are representing who agrees to be bound by the terms and conditions of this Contract. In addition, you confirm that you do not act in capacity of physical person acting as consumer under applicable consumer law. If you do not have legal authority to bind the company as set out herein, please do not click to accept.

1. Provision of the Service
   1. Customer shall have access to and is granted a right to use the Service until terminated by either party. The right to use the Service is limited to one personal, single user. Use of the Service by further users, requires additional and separate user rights. Unless otherwise agreed between Customer and DNV, during the Preview phase, the Service will not be invoiced.
   2. Currently the Service is made available as a Preview to obtain customer feedback. This means that the Service is provided “as-is” “with all faults” and “as available” and without any warranty, and are excluded from any service level agreements, and excluded from support. The Service is further provided on a reasonable effort basis and may be subject to reduced or different security, compliance and privacy commitments. Customers should not use Previews to process Personal Data or other data that is subject to heightened compliance requirements. DNV may change or discontinue the preview at any time without notice. DNV may also choose not to release the whole or part of the previewed Service into general availability.
   3. DNV does not undertake any obligation to continue the Service, to provide maintenance or support, or to update or upgrade the Service.
2. Intellectual Property Rights
   1. Each party shall remain the sole owner of any of its intellectual property and rights thereto existing prior to the date of this Contract and, except as explicitly set out in this Contract, nothing herein shall imply any transfer or grant of rights to any such intellectual property or rights thereto.
   2. Customer warrants that it holds all necessary intellectual property rights to any data, information or material submitted, made available on or uploaded to the Service. Customer shall indemnify and hold harmless DNV from any claim, loss, demand or liability DNV might suffer or receive as a consequence of any infringement of third party rights, including legal cost.
   3. Customer warrants that it holds all necessary intellectual property rights to any data, information or material submitted, made available on or uploaded to the Service. Customer shall indemnify and hold harmless DNV from any claim, loss, demand or liability DNV might suffer or receive as a consequence of any infringement of third party rights, including legal cost.
   4. The Service or the use thereof does not imply any license to use or refer to DNV or its trademarks.
   5. DNV is continuously improving its services to the industry to safeguard life, property and the environment. Customer acknowledges that DNV shall hold a right to use and process any information, data or databases generated or collected throughout the provision of and access to the Service in an anonymized form, for its own competence building, bench-marking, research or business purposes.
3. Liability and Indemnity
   1. DNV makes no warranties in respect of the Service, the use thereof or with respect to any results, information or advice provided to the Customer as part of the Service. To the extent permitted by applicable law, the Service and any results are provided "as is" without warranty of any kind, either express, implied or statutory, including, but not limited to, the warranties of merchantability or fitness for a particular purpose.
   2. Customer hereby waive any claim against DNV, its affiliates, parent companies and subcontractors (“DNV Group”) arising from or in connection with the Service or the results therefrom, whether in contract or in tort (including negligence).
   3. Customer shall indemnify and hold harmless DNV Group from and against any claims from third parties arising from or in connection with Customer’s access to or use of the Service and the results therefrom. Third parties in this clause shall include, but is not limited to, customer’s affiliates, subsidiaries, parent companies and other companies in customer group.
   4. To the extent permitted by applicable law, DNV Group does not assume any legal liability for any special, indirect, consequential or incidental loss or damage, whether in contract or in tort (including negligence), including, but not limited to, loss of use, production, revenue or profits, as well as loss or unintended propagation of data, arising from or in connection with the Service or the results therefrom.
4. Termination
   1. Both parties may terminate this Contract with immediate effect, without any liability or penalties. Upon termination of the Contract, Customer’s right to access the Service will be disabled.
   2. Termination shall not have effect upon provisions set out in this Contract which by their nature would be meant to have effect also after the termination of the Contract, including but not limited to Section 3 Liability and Indemnity.
5. Miscellaneous
   1. Should any provision of this Contract be held to be invalid or unenforceable, such shall not affect the validity or enforceability of any other part or provision of the Contract. Such provision shall be amended to the extent necessary to make the provision valid and enforceable, while keeping as strictly and closely as possible to the original wording and purpose of the provision.
   2. Each party (“Recipient”) agrees to keep confidential any information it receives from the other party (“Disclosing Party”) in the course of the Contract which, by denotation or reasonable circumstances, is considered confidential to the Disclosing Party. The Recipient shall treat such received information with reasonable care and diligence, not disseminating or disclosing it to third parties without the Disclosing Party’s prior written consent, provided however that each party may share such information with its officers, employees, affiliates, subsidiaries or subcontractors who are subject to confidentiality obligations reflecting the principles herein.
   3. The Contract shall be exclusively governed and construed in accordance with the laws of Norway without regard to principles of conflicts of law. The Law on International Sales of Goods shall not apply. Any dispute arising in relation to or as a consequence of the Contract, which cannot be settled amicably through negotiations between the parties, shall be brought exclusively in the courts of Oslo, Norway.