Terms and Conditions
WHO WE ARE AT YOUWIND RENEWABLES EHF.
Our website address is; https://www.youwindrenewables.com
The Platform Youwind Model and OptiWindow are placed under the domain https://app.youwindmodel.eu
Youwind Renewables ehf. is a company registered in Iceland, with organization registration number SSN: 551019-0390 and VAT registration number 136128. Our fiscal address is:
YOUWIND Renewables ehf.
IS-170 Seltjarnanes, ICELAND
We have staff working for Youwind Renewables ehf. in Iceland, Spain and UK.
This website and all material, services and products including everything under the trading name Youwind Renewables are the copyright of Youwind Renewables ehf. All rights reserved 2021-2030.
Youwind model and OptiWindow, wholly owned by YOUWIND Renewables ehf. , takes the protection of your personal data very seriously. The following statement is to inform you of what personal data we will collect and how they will be processed, used and protected.
I. Use of the Platform
The website is accessible at https://youwindrenewables.com. The Platform is available at https://app.youwindmodel.eu. You can visit our website without sharing your personal data with us. We only need information from you if you wish to use particular services offered on the website. The Platform helps you to calculate the cost and financial viability of different scenarios by changing costs, site data and other parameters.
If you are the first person in your company to register for an account you will automatically have “admin” status. You will decide whether you want to invite colleagues to also access the Platform and share project data between yourselves. Alternatively you can restrict the content for private use, so that only you can access it. If you decide to share a project with another user, you can specify whether this user also has “admin” status. With “admin” status comes extra functionality, including the ability to invite other team members and manage the subscription. The following sections primarily regulate the handling of personal data resulting from the interaction with the Website. You expressly agree that your personal data will be collected, processed, and used for the purpose detailed hereinafter. You can revoke your consent at any time without any adverse consequences. In the event of revocation, your personal data will be deleted upon receipt of the notice. Note that the project data collected within the Platform will remain your property, is encrypted end to end, will not be processed and will be kept strictly confidential. Youwind analyst team may contact you through your signed up email with follow up questions of the user experience on the platform.
II. Login Data
If you wish to use the Platform, you have to register by entering your e-mail address and a password. If this data changes after registration, you need to immediately update your user account accordingly. You are obliged to keep your login credentials secret and safe from any access by unauthorized third parties. Should you lose the login information or should you suspect that they are being used by an unauthorized third party, you should notify us immediately. We will help you to rectify this issue as soon as possible, however note that Youwind will not be in any way accountable for any potential data breach. For more information please see the general terms and conditions section.
III. Collection of Data
In addition to the data referred to in section II, the IP address currently used by your computer, the traffic source, the date and time, the browser type and the operating system of your computer as well as the pages visited will be logged whenever you visit our Website and/or use the Platform. This data is collected for technical reasons. It is analysed for statistical purposes and to improve and further develop the Website, the customer experience and our services (see section VIII). Personal data will be processed in accordance with all applicable data protection laws (including any revisions). Such personal data will mainly include names, addresses, e-mail addresses as well as additional personal or corporate data, such as we shall collect in individual cases. Any personal data you shall provide to us (such as your name and contact information) shall only be processed for the purpose of correspondence with you and only for the purpose for which you made them available to us.
IV. Data Transfer to Third Parties
For the hosting of the server infrastructure of our Website we use Ionos.com and for our Platform we use Heruko.com. Youwind will take all reasonable steps to protect your personal data and prevent unauthorized access. We assure you that we shall not pass your personal data to any other third parties, unless we are obligated to do so by law or unless otherwise described in this data privacy statement.
V. Duration of Storage
Personal data which have been communicated to us through our website shall only be stored until the purpose has been fulfilled for which they were entrusted to us. To the extent that we shall have to comply with mandatory retention periods due to commercial and fiscal law, certain data may be stored for a longer period as required by law.
VI. Your Rights
Should you no longer agree with the storage of your personal data or if personal data has become incorrect, we shall delete, correct, or block your personal data upon your request and within the scope of the statutory provisions. You can also request information about all personal data we hold about you. You may at any time revoke any consent given to us to process your personal data.
VIII. Web Analysis
If you interact with us by way of the Website, we shall receive and store certain information. We shall, for instance, receive and automatically save information in our server logs of your browser, including your IP address, browser type, and your language, the referenced/exit pages and URLs, the additional browser history, type of platform, number of clicks, landing pages, cookie information, the pages you access and look at, the time spent on specific pages as well as the date and time. We shall only and exclusively use these data in aggregated form, that is, as a statistical measure and not in any way that would identify you personally. Based on these aggregated data, we can determine how often users use parts of the site or the service, so that we can design the Website in an attractive manner for as many users as possible and improve our services. As part of this use of information, we may use external services. The aggregated information will, therefore, be forwarded to these service providers and, possibly, stored on servers outside of Europe. The following services enable Youwind to monitor and analyse web traffic and to keep track of user behavior when using the Website (to the exclusion of the Platform):
- Hotjar viewer tracking
IX. Links to Other Websites
Our Website may contain links to other websites. These websites are not operated by us and, therefore, we have no influence on their content or their privacy practices. We therefore recommend that you carefully read and check the data-privacy statements offered by such websites.
The email address/es you specified are used by Youwind Renewables to electronically send you periodic newsletters and advertisements for own, similar products and services or surveys for the purpose of our own market research (hereinafter collectively called “Newsletter”). In using the Youwind platform you are giving permission for us to send you the Newsletter.
X. Applicable Law (Iceland)
XI. Amendments to this Date Privacy Statement
Changes in laws or case laws as well as adjustments of our business model can make it necessary on occasion to change this Data Privacy Statement. We therefore reserve the
TERMS AND CONDITIONS WHEN SUBSCRIBING TO Youwind Model AND/OR OptiWindow
This Terms and Conditions for subscribers to Youwind Model and/or OptiWindow Platforms is structured by the following chapters:
- Use of the Platform
- Support Services
- Licence Fees and Terms of Payment
- Intellectual Property Rights
- Confidentiality and Data Protection
- Life and Termination of the Agreement
- Liability and Indemnification
- Force Majeure
- Applicable Law (Iceland)
“Agreement”: Agreement means the request of the Licensee via the form available from the website of the Licensor via e-mail, the acceptance of the request by the Licensor via e-mail as well as the present general Terms of Service (including the references to links therein).
“Confidential Information”: definition according to section VI below.
“Consulting Services”: means any support services agreed by the Parties in relation to individual or project-specific problems of the Licensee with or in connection with the Platform extending beyond Product Training and Product Support.
“Data Privacy Statement”: meaning statement from Youwind Renewables detailed in this document following the terms and conditions.
“Licence”: definition according to section I below.
“Licensor”: this is Youwind Model and OptiWindow the trading name of the Platform, which is wholly owned by YOUWIND Renewables ehf. Iceland.
“Licence Fees”: the Licence Fees applying to the package selected by the Licensee are listed on the website and are subject to change. Guest accounts during the Trial Period shall be free of charge after acceptance of a Demo meeting and Youwind Renewables approval.
“Licensee”: the applicant is designated as Licensee.
“Licence Period”: means the license period agreed upon by the Parties. This is currently renewed on a month by month basis, although is subject to change. If the license fee is not paid, access to the Platform will be cancelled. Current prices and license periods are available on the website.
“Paid Account”: means when a Licencee is paying for the License.
“Platform”: the Licensor operates an electronic platform for the use of standard financial models to assess renewable-energy power plants. The Licensee may, by way of an Internet portal accessible at https://app.youwindmodel.eu/, send encrypted data to the Platform and will, thereupon, receive the calculated results, again in encrypted form, via the Internet.
“Product Support”: Product Support refers to the standardized support in case of functional problems and malfunctions of the Platform. Product Support does not include Product Training or Consulting Services.
“Product Training”: Product Training means an introduction from Licensor to Licensee on how to use the Platform. This is not included in the standard License. There is an online user guide to explain the basic operations of the Platform.
“Reasonable Efforts”: means efforts which may be reasonably expected by Licensee in accordance with industry standards.
“Scope of Licence”: the Scope of Licence depends on the package selected by the Licensee according to the currently valid description, which is available from: The Scope of Licence may change in the course of the life of the Agreement.
“Support Services”: means Product Training, Product Support and Consulting Services.
I. Use of the Platform
- The Licensor grants the Licensee access to the Platform. Once the Licensee is issued the first invoice, the functionality of the Platform will be unlocked. The Licensee will have the non-exclusive, limited, non-assignable, and non-sublicensable right to use the Platform in the applicable Scope of License and the documentation at the conditions listed below (the “Licence”).
- The Licensor reserves the right to update or modify the Platform during the life of this Agreement. The Licensor is not obliged to inform the Licensee of any such updates. The License includes any improvements of the Platform which will be published during the life of this Agreement for the package selected by the Licensee. The Licensor shall not be obliged to make any improvement to the Platform.
- The use of the Platform shall not exceed the agreed Scope of the License. The Licensee shall have to register all users with the Licensor before use. These accounts are personal and not transferable. No sharing, advertising or promoting of the login credentials (user name and password) to third parties (incl. subcontractors) is permitted. In case of a violation, the Licensor may terminate the Agreement without notice within the meaning of section VII
- The results obtained from the Platform may, without prior consent by the Licensor, exclusively be disclosed in the following variants: (i) With “Export” or “Report” functions provided or the “Print” function built into the browser as unchanged paper print or unchanged PDF document, naming the Licensor and retaining the complete design. Retaining the overall design may be foregone in case of unformatted export and report functions (e.g. CSV or MS Excel export); (ii) As unchanged partial components such as graphics, lists, tables, key performance figures, and overviews naming the Licensor and retaining the design, where an attribution to the project condition related to the partial components shall have to be guaranteed.
- If the results are summarized for third parties or only partially quoted (e.g. as a graph), the source shall have to be clearly and visibly named, adding “Powered by Youwind Renewables”.
- The Licensee shall be responsible for any contents (inputs) and may, in communicating with third parties, in no case imply that the Licensor has influenced in any form said contents, provided consultancy, or will assume any liability whatsoever.
- If results are shared with third parties, the Licensee itself shall expressly be responsible to enter into a confidentiality agreement or other contractual arrangements with such third parties.
- The Licensee hereby guarantees to the Licensor that any contents posted on or uploaded to the Platform by Licensee are lawful and do not infringe the rights of third parties (in particular but not limited to intellectual property rights, non-disclosure agreements, trade secrets, data-privacy and personal rights) or violate any laws or regulatory provisions in any other way. Licensor is not obligated to actively monitor Licensee’s contents. If Licensor receives a notice from a person affected by allegedly unlawful content made available on the Platform by the Licensee, Licensor may partially or completely block access to Licensee’s contents at its own discretion. The Licensee shall defend, indemnify and hold the Licensor harmless against any claims, actions, liabilities, costs and expenses by third parties arising from or related to any content uploaded by the Licensee to the Platform.
II. Support Services
- Licensor may provide Support Services to the Licensee in accordance with the following conditions.
- The proper use of the Platform requires expert and subject-specific financing knowledge. The Licensee confirms it will accompany or execute transactions or be an operator of same as a professional investor, project developer, project seller, bank, or consultant of renewable-energy power plants. For this purpose, the Licensee will use the Platform. For a proper introduction of registered users, a basic course in accordance with the Licensor’s training programme (Product Training) is recommended. Product Training is subject to an additional agreement between the Parties.
- Upon mutual agreement of the Parties, the Licensor will render Consulting Services. Unless the Parties agree otherwise or unless a certain monthly amount of Consulting Services is included in the applicable package as set out in the price list, the hourly fee for Consulting Services rendered shall be EUR 150.00.
- Support Services by the Licensor will be handled upon prior appointment by telephone, e-mail, web session, or – if necessary – on site. Unless otherwise agreed in writing, Support Services will only be offered Monday to Friday, from 09:00 to 12:00 and 14:00 to 17:00 CET. For on-site visits, travel time from the Licensor’s headquarters shall be considered working time. Any travel expenses incurred will be billed to the Licensee. The Licensor offers no hot-line function which is available at all times. Requests for Support Services are preferably to be made by way of the contact form available on the website.
- Unless the Parties agree otherwise or unless Support Services are included in the applicable package Support Services are provided at an hourly rate of EUR 150.00.
- The Licensor and certified partners of the Licensor moreover have the exclusive right to provide Support Services relating to the application and use of the Platform. The Licensee may not mandate another provider in this field without prior written permission.
- The Licensor shall be free to mandate partner companies as subcontractors or assistants for Support Services. For the hosting of the server infrastructure of the Platform, Licensor uses Heroku.com, with data centres located in Europe.
- Licensor provides its Support Services on a Reasonable Efforts basis. A particular success shall not be owed. No specific Resolution Time is guaranteed. Licensor disclaims any and all warranties or representations to the fullest extent permitted by law.
III. Licence Fees and Terms of Payment
- The Licensee shall pay the Licence Fees applicable to the agreed Scope of Licence in advance, at the beginning of a Licence Period. In case of an unauthorized disclosure of the login credentials of a registered user to third parties, the Licence Fee shall automatically be increased to take into account this additional (unauthorized) user.
- Fees for Support Services shall, unless otherwise agreed by the Parties, be payable on a monthly basis. The Licensor reserves the right to require payment in advance.
- Unless otherwise agreed, invoices are to be paid to the Licensor within 10 days from the date of invoice. In the event that the Licensee provides its credit-card data electronically, the License Fees shall be automatically charged at the beginning of the Licence Period. Any settlement of possible claims by the Licensee against the aforementioned fees shall be excluded. Upon expiry of the aforementioned ten-day period, the Licensee will automatically be in default (without formal reminder). The Licensor reserves the right to block access to the Platform until receipt of payment. Such blocking shall not relieve the Licensee of its obligations, in particular not that of paying any License Fees already due. The interest on arrears shall be 5% p.a.
- All fees mentioned in this Agreement are exclusive of any applicable taxes (e.g. VAT), duties, or other charges, which may be either directly or indirectly levied due to the Licences granted and/or the provision of services.
- The Licensor warrants to Licensee that the Platform will work substantially as described in the documentation, provided the Licensee uses a current browser version and has a sufficiently fast Internet connection; its error and/or bug-free operation can, however, not be guaranteed. The Platform may not be available or access may be limited due to maintenance work, though said maintenance work shall, whenever possible, only be performed during weekends. The Licensor does not warrant or represent that the content and any information available on or through the Platform (including any third party content) will be correct, accurate, or otherwise reliable. In addition, the Licensor does not warrant that the service or results can be used for a specific purpose. In particular, the Licensor makes no warranty as to the results. It shall be the responsibility of the Licensee to critically scrutinize the results of the Platform and take into account project, asset, technical as well as country-specific features in their interpretation. The Platform is generically designed with respect to the input mask to allow a broad range of applications in terms of renewable forms of energy, country specifics (e.g. remuneration schemes and taxes) and transaction specifics (e.g. transactions in a construction or operating phase, a purchase of shares and assets). Country specifics are explicitly not considered, in particularly as to taxation. The generic scope of application requires user experience, which is covered in the training programme of the Licensor. The Licensee moreover also notes that the functionalities of the Platform may change during the life of this Agreement.
- If the Platform should not work as described f., the Licensee shall solely be entitled to demand rectification. In particular, the Licensee shall not be entitled to withdraw from the present Agreement, extraordinarily terminate it, reduce the Licence Fees or, subject to mandatory law, demand compensation. Immediately after having become aware of it and applying due diligence, the Licensee shall have to notify the Licensor of any such defect in writing. Should the Licensor, even after serious attempts at remedying it, not be able to remedy the defect or malfunction, both Parties shall be entitled to terminate this Agreement effective immediately. In this case, the share of the already paid License Fees for the period in which the Platform cannot or could not be used shall be refunded to the Licensee.
- Subject to the aforementioned representations and warranties indicated in this Agreement, Licensor disclaims any and all other warranties or representations to the fullest extent permitted by law.
- Any analysis and report made with any IT system or advisory from Youwind Renewables ehf. is confidential and contains proprietary intellectual property and we accept no duty of care, responsibility or liability to any other recipient.
- No representation, warranty or undertaking, express or implied, is made and no responsibility or liability is accepted by us to any party other than the Client or lincensee. Our work does not in any way purport to include any legal, insurance or financial advice or opinion. We disclaim all and any liability from any report, or any information contained in it or IT systems and we accept no responsibility for any error. Some of the assumptions used to develop the forecasts will not be realised and unanticipated events and circumstances may occur. By acceptance of these conditions, you agree to this information standard disclaimer.
V. Intellectual Property Rights
- The Licensee expressly acknowledges the intellectual property rights and, in particular, the copyrights, name and any possible design and trademark rights of the Licensor in the Platform (especially in the programs on which it is based, the appearance, the graphical user interface, and all contents) as well as in the results of the Platform and trade names and logos of the Licensor (hereinafter called “Youwind”).
- The Licensee may neither itself register intellectual property rights identical with, similar to, and/or detrimental to Youwind, nor have such a registration supported or executed by third parties. If such an application for registration should be submitted or has been submitted with support by the Licensee, the Licensee shall – on request by the Licensor – have to refrain from using any such source codes, trade names, symbols, brochures, or designs, and withdraw any such registration or a respective application, or transfer already registered rights to the Licensor without any compensation. In addition, the Licensee shall have to indemnify the Licensor for all costs and expenses (including reasonable attorney’s fees), incurred in connection with the registration or the attempt of such a registration initiated by the Licensee. To the extent permitted by law, the Licensee shall moreover engage, even beyond the life of this Agreement, to refrain from imitating or replicating the financial-modelling Platform, its mode of operation, structure, surface, and design in any way whatsoever. In the event that the Licensee should copy the Platform, its operations, structure, user interface, or design, it shall hereby assign all rights in this copied version to the Licensor without any compensation whatsoever. In the event that such an assignment in accordance with the applicable law shall not be admissible, the Licensee hereby grants the Licensor a perpetual, exclusive, worldwide, irrevocable, sublicensable, transferable, and free right to use, exploit, reproduce, modify, edit, and develop the copied version.
- The Licensee retains all rights to the data and content it uploads to the Platform (“Own Data”). The Licensee hereby grants the Licensor the non-exclusive, worldwide, and free right to save, display, reproduce, transfer, forward, edit, and use the Own Data, everything only to the extent necessary to maintain the range of functions of the Platform in favour of the Licensee. Upon termination of this Agreement, the aforementioned right shall expire. In the event that the Licensee shares its Own Data with third parties as part of Shared Projects, the Licensee hereby grants the Licensor the irrevocable, nonexclusive, worldwide, and free right to save, display, reproduce, transfer, edit, and use the Own Data, everything only to the extent necessary to maintain the range of functions of the Platform in favour of the Licensee or third parties authorized by Licensee respectively. The aforementioned right shall moreover remain valid upon termination of the Agreement, provided such Own Data shall remain available to authorized third parties within the scope of Shared Projects or are used by them respectively.
VI. Confidentiality and Data Protection
- The Licensor takes the issue of data protection and confidentiality seriously and, therefore, adheres to the applicable data-protection regulations (including any revisions). Personal Data shall be processed in accordance with all applicable data protection laws and the Data Privacy Statement. Licensee expressly declares its consent that personal data will be collected, processed, and used for the purpose detailed in the Data Privacy Statement. Licensee can revoke its consent at any time without any adverse consequences. In the event of revocation, Licensee’s personal data will be deleted upon receipt of the notice.
- The Parties expressly agree to treat the contents of this Agreement and any know-how of the Parties thereto as well as all other proprietary information (“Confidential Information”) one of the Parties may have obtained within the scope of the execution of this Agreement, either directly or indirectly, in writing, orally, electronically, or in any other manner as confidential. Confidential Information shall in particular include data uploaded by the Licensee to the Platform as well as the functions of the Platform. Information shall not be considered to be confidential if it (i) is common knowledge, or has been lawfully disclosed by a third party; (ii) was publicly known or shall be so without violating this Agreement, or because the information becomes or became known due to a violation of the obligation to keep secrecy by the other Party; (iii) was lawfully disclosed by a third party to one of the Parties, or (iv) was already lawfully and without being subject to an obligation to keep secrecy known to the Parties before this Agreement.
- Each Party shall treat any Confidential Information as strictly confidential and secret and refrain from disclosing it to any third party or make it available in any other manner. Excluded shall be a notification: (i) of consultants and the hosting provider, who shall need said information for the purposes of this Agreement and who are, in turn, subject to an obligation to maintain confidentiality that is at least equally as stringent as the present one; (ii) insofar as applicable, mandatory statutory provisions require such notifications, with all reasonable steps to limit such disclosure and ensure confidential treatment to be taken.
- Each Party shall take all reasonable precautions to protect the Confidential Information of the other Party and avoid any dissemination of such information (e.g. by instructing its employees or data backups). These precautionary measures shall at least correspond to those with which it protects its own Confidential Information, with the necessary and usual minimum standard of care for the business activities of the Parties to be maintained in any case.
- Each Party shall immediately notify the other Party, if it becomes aware of an unauthorized use or disclosure of Confidential Information or if it has reasonable grounds to assume that such an unauthorized use or disclosure has occurred.
- At the written request of the disclosing Party, the receiving Party shall immediately have to destroy or return any and all written, electronic, or otherwise archived documents, files, and copies thereof, which contain Confidential Information, including memoranda, notes, and other documents based on or containing Confidential Information. This does expressly not apply to Confidential Information, which was shared in the form of projects with the help of the Project Share function. At the written request of the disclosing Party, the receiving Party shall have to confirm the destruction of any and all Confidential Information in accordance with this clause. Irrespective of this, the receiving Party shall be released from its obligation to destroy or return Confidential Information to the extent that it shall be obligated to store such information because of legal requirements (such as the obligation to keep business records).
- The obligations to maintain confidentiality under this Section VI (Confidentiality and Data Protection) shall remain in force even after the expiry or termination of this Agreement, for as long as said Confidential Information shall not be a matter of common knowledge or have been destroyed or returned respectively.
VII. Life and Termination of the Agreement
- This Agreement shall be in force from the registration by the Licensee on the Platform and be valid for the fixed duration of the Trial or Licence Period. If it is not terminated by either of the Parties, it shall automatically be extended by a Licence Period. The Agreement may be terminated by the Licensor in writing with a notice period of 30 (thirty) days to the end of the Licence Period. The Licensee may at any time terminate the Agreement in writing to the end of a Licence Period. Both parties have the option to merely terminate the paid packages, so that the Licensee may still use the Platform with a Trial Account (unless this has also expired).
- Each party may withdraw from this Agreement within 30 days upon it becoming effective without any compensation being due and without cause.
- In the event of a substantial violation of this Agreement by one of the Parties thereto, the other Party may terminate this Agreement without notice and effective immediately. If the Licensee shall not pay the fees within 20 days upon the issuance of the respective invoice, this shall constitute a fundamental breach of the Agreement.
- Upon the termination of this Agreement; (i) all Licence and other rights, which the Licensee was granted under this Agreement, shall automatically expire, and (ii) the Licensee shall immediately refrain from any further use of the Platform as well as any YOUWINd IP. However, the Licensee shall expressly be allowed to continue using the results of the Platform obtained during the life of this Agreement under the Terms of Service of this Agreement. The Licensee itself shall be responsible for archiving the respective results in a suitable manner. The Licensor shall be free to delete any corresponding data of the Licensee’s, irrevocably and without prior notice, upon such a termination of the Agreement.
- In the event of a termination of the Agreement pursuant, any Licence Fees already paid for services no longer provided due to a premature termination shall be refunded proportionally, provided the Licensee was justified in terminating this Agreement for cause.
- Provisions of this Agreement which, as to their meaning or contents, shall have to remain in force even after the expiry or termination of this Agreement, in order to accomplish the intended purpose, shall remain in force after the termination of this Agreement.
VIII. Liability and Indemnification
- The Licensor shall have no liability for any direct or indirect damages in connection with this Agreement, including any loss of use or data, interruption of business, lost profits, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of action whether in contract, tort, strict products liability, or otherwise.
- In particular, the Licensor shall not be liable for the Platform or its content and, in particular, its results being suitable for the purposes of the Licensee. Licensor shall also not be held liable for any contents that may be accessed via the Platform.
- Furthermore, the Licensor shall have no liability for services that are mediated as external services of other service providers.
- To the extent permitted by law, the Licensor shall have no liability or duty to indemnify the Licensee from any third-party claim alleging that the use of the Platform infringes any intellectual property rights.
IX. Force Majeure
- Neither Party shall be liable to the other Party for damages of any kind, provided the damage was caused, partially or wholly, directly or indirectly, by circumstances outside its control, such as, e.g., fire, floods, or other natural disasters, national strikes, government measures, embargoes, or downtimes of the communications structure, provided the affected Party shall notify the other Party in writing of such an event of force majeure within reasonable time.
- If services should, due to force majeure, be lacking for a period of more than sixty (60) days, each of the Parties may terminate this Agreement effective immediately.
- This Agreement (including any annexes) shall replace any oral agreements entered into to date between the parties in the present context. Pre-existing, written agreements between the parties shall however not be affected by this Agreement. In the event of a conflict between the provisions of this Agreement and Licensee’s general terms and conditions, the terms and conditions of this Agreement shall prevail.
- By accepting the present Terms of Service, the Licensee confirms having received and read the annexes to it and to accept them, too.
- The Licensor shall be entitled to name the Licensee as a reference customer to third parties by name and using the logos of the Licensee. The Licensee may request a respective non-disclosure in writing at any time.
- If any provision of this Agreement should be or become invalid or if the Agreement should contain an omission, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, a valid provision that comes closest to the one economically intended by the Parties shall be deemed agreed. The same applies in the case of an omission.
- All modifications and/or amendments to this Agreement shall be in writing. This also applies to the amendment or cancellation of this requirement to use the written form.
- Without prior written consent by the other Party, any rights arising from this Agreement may not be assigned, with the exception of a transfer of this Agreement or the rights thereof by the Licensor to a subsidiary, affiliate, holding or group company.
XI. Applicable Law (Iceland)
- This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with Icelandic Law, under exclusion of its conflict of law rules and the provisions of the Vienna Convention on the Sales of Goods.
- The Parties hereby irrevocably submit to the jurisdiction of the ordinary courts at the seat of the Licensor, and, at Licensor’s choice, to the ordinary courts at Licensee’s domicile with regard to any dispute arising out of or in connection with this Agreement.