a) This Agreement may be supplemented by specific terms for products, apps and services which are provided or given access to on or through the Website. In case of discrepancy or conflict between such specific terms and this Agreement, the specific terms shall apply.
a) The content of the DNV GL service documents made available to you for downloading is the subject of intellectual property rights reserved by DNV GL. You are granted a right to download the documents in electronic format and a right to use the documents for your internal purposes with the following restrictions:
a) Unless otherwise in agreed in connection with a specific product, app or service, DNV GL may change, update or remove the products, services, apps, information and material that it has made available on or through the Website without notice.
a) DNV GL may use services from reputable service providers for the purpose of cloud based or hosted products, apps and services. All hosted or cloud based products, apps and services will be subject to the service levels and terms of the relevant provider.
b) The relevant terms and service levels will be deemed to be implemented or reflected in all product, service and app agreements unless otherwise informed.
a) DNV GL reserves the right to change the Agreement periodically, without providing individual notice. All such changes will take effect once they have been posted on the website. You agree that it is your responsibility to monitor such updates and that your continued use of the Website after such revisions will constitute your full acceptance of such changes.
b) The Agreement was last updated on the date listed at the top of the document.
1. My DNV GL is a service portal owned and operated by DNV GL AS.
2. DNV GL AS holds all necessary rights to My DNV GL.
3. You are hereby given a restricted, time-limited license to use My DNV GL for your internal business purposes only.
4. My DNV GL may not be used in any manner or for any purpose other than as expressly permitted by these Special User Terms. You may not attempt to:
a) interfere with the intended and efficient functioning of My DNV GL;
b) reverse engineer, disassemble, or decompile My DNV GL or apply any other process or
c) procedure to derive the source code of any software included in My DNV GL; or
d) resell or sublicense My DNV GL or access thereto.
5. Unless otherwise agreed in the applicable Service contract, DNV GL may change or discontinue any of the products, apps or services or change and remove features or functionality at any time.
6. Both parties agree to use reasonable, market-standard endeavours to avoid disclosure of confidential information obtained from the other party.
7. Confidential information (“Confidential Information”) means any and all information disclosed verbally, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood by the recipient party to be confidential or proprietary to the other party. Confidential Information includes, but is not limited to, trade secrets, computer programs, software, formulas, data, inventions, techniques, documentation, marketing plans, strategies, forecasts, third party confidential information and Company lists.
8. However, each party shall be free to disclose such information as is:
a) known prior to the information being disclosed by the other party, or
b) part of the public domain at the time of disclosure, or
c) required to be disclosed by public authorities in accordance with applicable law.
9. DNV GL is continuously improving its services to the industry to fulfil its purpose, which is to safeguard life, property and the environment. Company acknowledges that DNV GL shall hold a right to use and process any information generated or collected under or in connection with this Agreement, including in connection with any product, app or service accessed or used by Company, in an anonymized and aggregated form.
10. User shall keep all user names and passwords provided for use on or in connection with My DNV GL confidential, and not distribute them further within or outside of user’s organization.
11. You are responsible for maintaining the confidentiality of your registration information, including your user ID and password and for any and all activity that occurs on your account. You agree that you will immediately notify DNV GL of any unauthorized use of your user ID and/or password and that you will not allow any third party to use your account.
12. All users have to log-out and close the web browser, to end a user session. DNV GL assumes no liability or responsibility for
a) any errors or omissions in the content and
b) any direct, indirect or any other loss or damage, whether in contract or in tort (including negligence), arising as a consequence of not following this log-out procedure.
13. All access to and use of collaboration sites (for instance SharePoint based or similar collaboration solutions) available through My DNV GL, shall be in accordance with any instructions regarding use from time to time.
14. DNV GL may grant local company administrator rights to the Company you are representing.
15. Company shall defend and hold harmless DNV GL for all and any costs or losses, including but not limited to, loss of or unintentional propagation of data, arising from or in connection with Company’s, Company representatives’ or company administrator’s non-compliance with the applicable company administrator and user requirements.
16. The company administrator may create and delete individual user accounts for sub-users. It is the company administrator’s responsibility to keep informed of the possibilities (or lack of such) to limit the individual sub-user’s access, and to make use of the available possibilities to restrict access whenever the company administrator deems this necessary. It is the Company’s responsibility to implement such contractual obligations and restrictions on the individual sub-users as the company administrator considers required, based on the relevant access rights the company administrator has provided to the various individual sub-users. The company administrator is responsible on behalf of Company for keeping track on all sub-user accounts and for all use by the Company’s sub-users.
17. You may terminate the Special User Terms with immediate effect upon prior written notice. In case of termination, you will no longer have access to My DNV GL.
18. DNV GL may terminate the Special User Terms for any reason by providing 90 days prior notice by e-mail. In case of such termination, you will no longer have access to My DNV GL.
19. DNV GL may also terminate the Special User Terms and deny further access to My DNV GL with 14 days prior notice
a) if DNV GL’s relationship with a third party partner who provides software, digital infrastructure, cloud based or hosted services or other technology DNV GL use to provide My DNV GL or any product, app or service available on or through My DNV GL is suspended or terminated or otherwise disrupted;
b) if the products, apps or services expire, terminate or require DNV GL to change the way we provide products, apps or services;
c) if DNV GL believes providing My DNV GL could create a substantial economic or technical burden or material security risk for DNV GL;
d) in order to comply with the law or requests of governmental entities; or
e) if DNV GL determines that the delivery of My DNV GL has become impractical or unfeasible for any legal or regulatory reason.
20. DNV GL may fully or partially deny or suspend access to My DNV GL for all or specific users if DNV GL in its sole discretion finds that such suspension is necessary in order to avoid or mitigate a material security risk.
a) In particular and unless explicitly acknowledged by DNV GL in the contract in question, no information, statements, representations or materials herein shall be deemed to be relevant for the interpretation of any contracts entered into with DNV GL which are not related to the Website, including My DNV GL, or the use thereof.
a) You agree to indemnify and hold DNV GL, and its officers, employees, representatives, contractors and agents harmless from any liability, loss, claim and expense, including attorneys' fees and expenses, related to or arising out of your breach of this Agreement, including the Special User Terms, or your use of the Website, including My DNV GL.
b) Reasonable efforts are made to provide accurate and complete information on the Website. However, DNV GL makes no claims, warranties or guarantees regarding the accuracy, currency, completeness or adequacy of the contents of material and information made available or generated on or through the Website and expressly disclaims liability for errors, incompleteness and omissions in material or information made available or generated on or through the Website, including My DNV GL. To the extent permitted by applicable law, everything made available on or through My DNV GL is provided "as is" without warranty of any kind. This applies whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
c) User or Company waive any claims arising from any inaccuracy or incompleteness of information provided or given access to or generated on or through the Website, including on or through My DNV GL.
d) With respect to the content of the Website, neither DNV GL, nor its employees or contractors make any warranty, expressed or implied or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability or fitness for a particular purpose with respect to content available or generated on or through the Website, My DNV GL or other resources linked from them.
e) Neither does DNV GL assume any legal liability for any direct, indirect or any other loss or damage, whether in contract or in tort (including negligence), for the lack of accuracy, completeness or usefulness of any information, product, or process disclosed or processed on or through the Website, including My DNV GL, or any products, apps, or services made available at the Website, including My DNV GL, nor from computer virus.
f) To the extent permitted by applicable law, in no event will DNV GL be liable for any damages whatsoever, including but not limited to, special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use or data, cyber attacks or propagation of data or information, whether brought in contract or tort, arising out of or connected with My DNV GL or the use or reliance upon any of the content, representations, advice or information, products, apps or services made available on or through My DNV GL.
g) The Company acknowledges and agrees that DNV GL is using reputable digital infrastructure service providers for the provision of cloud infrastructure, hosted services and related services for the purpose of the provision of products, apps and services on and through the Website, including My DNV GL. The provision of this infrastructure and related services is subject to the Digital Infrastructure Service Terms. The Company acknowledges and agrees that DNV GL does not undertake any obligations towards Company which go beyond the obligations that the digital infrastructure service provider has undertaken against DNV GL and that DNV GL will endeavor (but not be obliged) to enforce, and that save to the extent that DNV GL enforces the digital infrastructure service terms, DNV GL makes no warranties regarding the digital infrastructure or the services provided by the digital infrastructure service provider, including in negligence, and any warranties of merchantability and fitness for a particular or intended purpose, are specifically disclaimed by DNV GL and waived by the Company to the fullest extent permitted by law.