Terms of use

Last updated: Mar 8, 2021

1. License

1. Subject to the terms and conditions of these terms of use (“Terms of Use”), Bambuser AB (“Bambuser”) hereby grants to the user of the Bambuser Solution (the “Licensee”) a limited, revocable, non-exclusive, non-transferable, non-sublicensable and time limited right to use the Bambuser Solution solely for evaluation and demonstration purposes (the “License”). No other rights or licenses to trademarks, inventions, copyrights, trade secrets or other proprietary information are implied or granted under the License and/or these Terms of Use.
2. The License will be valid for at least 72 hours after the Licensee’s submission of the requested information and acceptance of these Terms of Use.
3. Bambuser may at any time terminate the License and/or cancel the Licensee’s access to the Bambuser Solution, in case Bambuser (in its sole discretion) has reason to believe that the Bambuser Solution is used in breach of these Terms of Use.

2. Use of the Bambuser Solution

1. The Licensee represents and warrants that it shall solely use the Bambuser Solution according to these Terms of Use and for no other purposes whatsoever. The Licensee shall immediately notify Bambuser of any unauthorized use or disclosure of, or of any unauthorized access, which comes to its knowledge.
2. The Licensee may not: (i) sell, resell, license, sublicense, distribute, make available, rent or lease any part of the Bambuser Solution, or include the Bambuser Solution in a service bureau or outsourcing offering; (ii) use the Bambuser Solution to store or transmit (a) infringing, libelous, or otherwise prohibited material), or (b) material in violation of third party privacy rights; (iii) use the Bambuser Solution to store or transmit malicious code; (iv) attempt to gain unauthorized access to the Bambuser Solution or its related systems or networks; (v) permit direct or indirect access to or use of the Bambuser Solution in a way that circumvents a contractual usage limit; (vi) copy the Bambuser Solution or any part, feature, function or user interface thereof; (vii) frame or mirror any part of the Bambuser Solution, other than framing on the Licensee’s own intranets or otherwise for its own internal business purposes; (vii) access the Bambuser Solution in order to build a competitive product or service; (viii) reverse engineer the Bambuser Solution (to the extent such restriction is permitted by law); or (ix) remove any copyright, trademark or other proprietary rights notices associated with or visible via use of the Bambuser Solution. 

3. Content

1. All Content is the Licensee’s sole responsibility and the responsibility of the individuals from which such Content originates. Bambuser shall have no responsibility or liability for the deletion or failure to store any Content. “Content” means any text, images, graphics, photos, video, audio, and any other content, information or data, created, derived from or accessible via use of the Bambuser Solution, including; (i) backdrop; (ii) welcome, pause and thank you screen, (iii) trade names, trademarks, logotypes or similar; or (iv) music.
2. The Licensee shall not transmit Content or otherwise conduct or participate in any activities on or via the Bambuser Solution, which is likely to be prohibited by law, or violates third party rights. The Licensee shall not distribute, in any way any Content, or otherwise engages in any activity in connection with the Bambuser Solution, that: (i) is hateful, offensive, racist, sexist, bigoted, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation; (iii) creates an impression that is incorrect, misleading, or deceptive; or (iv) divulges other people’s privacy, private or personally identifiable information without their express authorization and permission.
3. The Licensee is solely responsible for everything disclosed in the Content, including any third-party material, including intellectual property rights vested therein or relating thereto. Use of music is prohibited. Unauthorized Content may be blocked, and/or removed at Bambuser’s sole discretion. 

4. Disclaimer

1. The Bambuser Solution is supplied “as is”, including any faults. Accordingly, Bambuser disclaims, to extent possible under applicable law, any liability or responsibility in relation to the Licensee and the use of the Bambuser Solution. Bambuser gives no warranty or other representation either expressed or implied as to any matter whatsoever in relation to the Bambuser Solution or its fitness for any intended purpose.

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5. Upon termination

1. Upon termination/cancellation of the License for whatever reason the Licensee shall cease exercising its rights under these Terms of Use.

6. General

1. These Terms of Use contains the final, complete and exclusive agreement of the parties relative to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements relating to its subject matter.  
2. The License cannot be assigned, delegated, transferred and or sub-licensed by the Licensee, in whole or in part. Any such purported assignment, delegation, transfer or sub-license shall be void. 
3. Bambuser has the right at any time to change, modify or amend these Terms of Use. 
4. If any provision of these Terms of Use is found by a proper authority to be unenforceable, that provision shall be severed, and the remainder of these Terms of Use will continue in full force and effect.
5. The Licensee acknowledges and agrees that breach of these Terms of Use, or any unauthorized use, disclosure or distribution of the Bambuser Solution, may cause irreparable harm to Bambuser, the extent of which would be difficult to ascertain, and that Bambuser shall be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.

7. Governing law etc

1. The License, including these Terms of Use, shall be governed by the laws of Sweden, excluding its conflicts of law principles.
2. Any dispute, controversy or claim arising out of, or in connection with, these Terms of Use and/or the Licenses usage of the Bambuser Solution shall be exclusively settled by Swedish Courts, with the district court of Stockholm as the court of first instance.