SEBASTIAN AS – DP Portal TERM FOR SOFWARE LICENCE AND DATA USE
1. Definitions
- Customer shall mean the buyer of services from Sebastian AS
- Data shall mean recorded information, regardless of form or characteristic, e.g. software, writings, drawings, specifications and similar records
- DPP shall mean the Sebastian DP Portal
- DPP Software shall mean all software used to access and maintain the DPP
- Parties (Party) shall mean Customer and/or Sebastian AS
- Third Party shall mean any Party outside the organizations of the Sebastian AS and the Customer
2. Use of Software
The DPP software is the property of Sebastian AS. Sebastian AS reserves all the rights to the DPP software. The Customer shall use the DPP software only for the intended purpose and with the number of licences agreed upon, one license per vessel.
The Customer shall not modify or adapt the DPP Software, make new software based upon the DPP software, or in any way reverse engineer it.
Parties outside the Costumers organisation shall not be allowed to use the software and its contents. That does not apply to the Costumers client.
3. Termination of Licence
In case of non-payment, Sebastian AS can block access to the software 14 days after written notice.
If the Customer chooses to stop using the DPP, Sebastian AS will let the Customer use the DPP with limited functionality to copy his data from the Sebastian DPP for a period of 30 days.
4. Data Ownership
Documents prepared by Sebastian AS, is the property of Sebastian AS and must not be copied or the contents thereof or any information received in conjunction therewith must not be imported to any unauthorised third party. It is not to be used for any other project than for which it was originally ordered.
Sebastian AS has the right to use all data and information stored in the DPP, as long as Sebastian AS complies with article 5 in this agreement. The product of such activities, i.e. systems, analysis and statistics, will be the property of Sebastian AS.
5. Use of Data
The data stored in the DPP shall not be used in a way that makes it possible to identify Customers or vessels.
Sebastian AS will ensure that any study, report, publication, or other disclosure of data provided under this agreement is limited to the reporting of aggregated data and will not contain any information identifiable to any private person, Customer or vessel.
6. Data Security
The Parties shall use appropriate safeguards to protect the data from misuse and unauthorized access or disclosure, including maintaining adequate physical controls and password protections for any server or system on which the data is stored and taking any other measures reasonably necessary to prevent any use or disclosure of the data other than as allowed under this agreement. The Customer shall ensure that any to whom it provides the data agree to the same restrictions and conditions listed in this agreement. All access shall be on a need-to-know basis.
Parties outside the Costumers organisation or affiliated companies shall not be allowed access to the Data. That does not apply to the Costumers client, if deemed necessary by the client.
In the event of an actual or suspected security breach involving its information system(s), the Parties will notify the other Party of the breach or suspected breach and will comply with all applicable breach notification laws. The parties agree to cooperate in any breach investigation and remedy of any such breach, including, without limitation, complying with any law concerning unauthorized access or disclosure.
7. Confidentiality
The Customer shall undertake to treat confidentially all documents, information, tools and software received in connection with this agreement and not publicly available, as their own trade secrets, even after the termination of this agreement or the contract for services, and to refrain from distributing them unnecessarily within their respective companies and from making them available either in whole or in part to third parties, except affiliated companies on a need-to-know basis.