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This Agreement (the 'Agreement') is made between Barium AB ('Barium') and Barium's customer (the 'Customer') and regulates the Customer's use of a service from Barium, Barium Live, via the internet.
The Customer accepts and is bound by the Agreement by using the Service.
In this Agreement, the definitions below have the following meanings:
'Agreement' means this Agreement.
'Intellectual property rights' means all forms of intellectual property rights and industrial property rights such as copyright, database rights, source code, patents and patentable inventions, registered and unregistered trademarks, know-how (regardless of whether such know-how in itself may constitute patentable inventions or not) and registered and unregistered designs.
3.1 Barium hereby grants the Customer a non-exclusive right to use the Service during 30 days.
4.1 The user details and password used to gain access to the Service shall be regarded a document of value and shall, if written down, be stored securely so that unauthorised persons cannot gain access to the Service.
4.2 Barium shall be entitled to consider all use of the Service with the Customer's login details to be authorised use by the Customer or by someone with the Customer's consent, irrespective of whether such use incurs a cost for the Customer, unless and until the Customer informs Barium's customer support or customer service in writing that the Customer suspects that an unauthorised person has gained access to the Service or the Customer's password. The Customer shall immediately notify Barium's customer support or customer service if the Customer suspects that this may be the case and ensure that the Customer's user details are blocked or changed.
5.1 Barium will work to ensure that the Service and the software it contains are free of harmful code and available for the Customer's use. However, Barium shall be entitled at any time to suspend access to the Service for urgent maintenance or to protect the Service from unauthorised attacks or similar. Barium shall also not be liable for any non-availability due to interruption or communication problems on the internet or other private or public networks used go gain access to the Service.
6.1 The Customer's right to use the Service includes no rights other than those specified in this Agreement.
6.2 Unless Barium specifically gives prior written consent to such use, the Customer shall be forbidden to:
a) use the Service for purposes other than the intended use;
b) transfer, sub-license or in any other way provide the Service for use by a third party, for example by so-called time sharing, as a service or in any other way;
c) allege that the Service is the Customer's property; or
d) hack the Service, introduce a virus, a Trojan horse or any other harmful or unwanted code (so-called malware) in the Service or, by a disproportionate number of calls to the servers on which the Service is provided, aggravate or limit the use of the Service by third parties, or attempt to perform any of the above.
7.1 All Intellectual Property Rights and all other rights in or concerning the Service shall be the property of Barium or, where applicable, Barium's licensor.
7.2 Nothing in this Agreement shall constitute an assignment or a transfer of any Intellectual Property Rights or other rights in the Service to the Customer. The data processed by the Customer and created by the Service as a result of the Customer's use of it shall, however, be owned by the Customer without any restriction. Barium shall be entitled, without limitation, to use the information about the Processes' functions, performance, capacity and other statistics or similar information based on the Service's processing of the Customer's data.
8.1 The Customer's use of the Service during the test period is free of charge.
9.1 The Customer shall be the controller of personal data for all personal data processing that the Customer handles using the Service. The Customer shall be liable for all such personal data processing taking place in pursuance of the Swedish Personal Data Act (1998:204) ('PUL').
9.2 Barium shall be deemed to perform any processing of personal data as a personal data assistant to the Customer in accordance with this sub-clause, which shall be deemed to constitute a personal data processing agreement between the parties in pursuance of Section 31 (2) of PUL.
a) Barium undertakes, in its capacity as personal data assistant, to keep itself informed of the contents of PUL and to only process personal data in accordance with the written instructions given to Barium by the Customer concerning the security measures that must be taken in relation to processed personal data (the 'Instructions').
b) Barium shall permit the inspections that the Swedish Data Inspection Board may lawfully demand regarding the processing of personal data.
c) Barium shall take all technical and organisational measures that are required in pursuance of PUL to protect personal data against unauthorised access, destruction and change, and shall be prepared to adhere to decisions taken by the Swedish Data Inspection Board concerning measures to fulfil security requirements under the Act.
d) The Customer shall indemnify Barium from all loss, claims or costs that may arise as a consequence of Barium's processing of personal data in accordance with the Instructions.
e) If the Customer's Instructions or this Agreement otherwise make requirements regarding the processing of personal data which are not supported by the Service or do not proceed from Barium's commitments according to the Agreement otherwise and which Barium could not reasonably have expected, and these requirements mean that Barium incurs additional costs, the Customer shall compensate Barium for these costs.
9.3 When Barium ceases to process the personal data, Barium shall upon the Customer's request return all of the Customer's data that contains personal data and that Barium must have within the framework of the Service. Barium shall be entitled to compensation for its work according to current rate.
10.1 The Agreement shall enter into force when the Customer first logs in to the Service and is valid during 30 calendar days. Each party is entitled to at any time prematurely terminate the Agreement by written notice with immediate effect. On termination of the Agreement, the Customer shall immediately stop all use of the Service.
11.1 A party shall be released from liability for failure to perform an obligation under this Agreement if the failure is due to circumstances beyond the party's control which the party could not reasonably have predicted or avoided, such as war, acts by public authorities, new legislation or amendments to legislation, labour conflicts, trade or currency restrictions, blockade, fire, flood or similar circumstances, or defects or delays in deliveries from subcontractors.
12.1 If any provision in this Agreement or a part thereof becomes invalid, this shall not mean that the entire Agreement is invalid. In such case, a reasonable adjustment of the Agreement shall be made, to the extent that such invalidity materially affects a party's results or performance under the Agreement.
13.1 This Agreement shall be governed by Swedish law.
13.2 Any disputes arising out of this Agreement shall be settled with final and conclusive effect by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (Stockholms Handelskammares Skiljedomsinstitut (SCC)). The Institute's Rules for Simplified Arbitration Proceedings shall apply unless SCC decides, considering the degree of difficulty of the case, the value of the object of the dispute and other circumstances, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall be applied to the proceedings. In the latter case, SCC shall also decide whether the arbitration tribunal shall consist of one or three arbitrators.
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