“Authorised User”: Client’s employees or other persons with a required need to use the Product Package in order to perform their duties for the Client.
“Aquabyte Materials”: The Hardware, Software, Statistics, Generated Data, and associated Know-How and documentation.
“Agreement“: These general terms and conditions and the Order Confirmation.
“Agreement Period“: Duration of the Agreement as specified in the Order Confirmation and any new contract periods.
“Client“: The legal entity listed in the Order Confirmation.
“Client Data“: Raw data collected specifically in connection with the Client’s use of the Product Package, for instance, Client information obtained via video recordings of the number of dead fish and fish meal quantity.
“Confidential information“: Any non-public, proprietary information the parties obtain in relation to the Agreement and the performance of the Agreement. .
“Critical Error“: a major error in the Product Package of great significance to the Client, which cannot reasonably be circumvented and which substantially limits the Client’s ability to use the Product Package, e.g., the Software cannot be used.
“Force Majeure event”: Extraordinary circumstances beyond the control of the parties that prevent the parties from fulfilling their obligations under the Agreement, such as environmental impact causing very limited visibility in the water (e.g. algae growth), natural disasters, fire, floods, war, strikes, earthquakes, public injunctions, epidemics and prohibitions. A Force Majeure incident does not include circumstances that the parties should reasonably be expected to avoid or overcome the consequences of.
“Generated Data“: All information and data generated by Aquabyte via analyses and reports of the Client Data.
“Hardware“: All hardware the Client shall use and receive pursuant to the Order Confirmation, including the underwater camera and winch. This includes hardware required as a minimum to use the camera, such as attachments, cables, power cabinets and antennas.
“Intellectual Property Rights“: Patents, copyrights, trade secrets, trademarks and designs, as well as any applications for patents, copyrights, trade secrets, trademarks and designs and the right to submit such applications, intellectual property, software, databases, corporate secrets, Repairs, Know-how and similar rights that may be obtained under Norwegian or other country’s law.
“Know-how“: Any knowledge, information, data and experience related to the Product Package.
“Order Confirmation“: Order Confirmation signed by the Client when ordering Aquabyte’s Product Package. By signing the Order Confirmation the Client accepts the terms and conditions of the Agreement.
“Personal Data“: The term shall have the meaning as provided by applicable privacy law.
“Product Package”: The Product Package as defined in the Order Confirmation, including any Hardware and Software products noted therein, or otherwise provided by Aquabyte to Client.
“Repairs“: Repairs, modifications and/or developments of the Product Package.
“Software”: Aquabyte’s cloud-based software which, inter alia, is used to generate Client Data analyses and reports. The Software is available to the Client via Aquabyte’s web portal.
“Statistics”: De-identified, aggregated information related to the Client’s use of Aquabyte’s Product Package which is collected and processed by Aquabyte.
“Updates“: Any update and modification of the Software. Updates do not include services offered by Aquabyte as additional services to the Product Package.