Last modified September 13, 2024

1. DEFINITIONS

"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

"Agreement" or “Customer Terms of Service” means these General Terms and all materials referred to in here, unless otherwise stated.

"Billing Period" means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Current Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Current Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

“Confidential Information” means all confidential information disclosed by a party and its Affiliates ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.

"Consulting Services" means the professional services provided to you by us, which may include training services, production of content, installation, integration or other consulting services.

"User Data" means all information that you submit or collect via the Subscription Service. User Data does not include Cloudberrie Content.

"Customer Materials" means all materials that you provide us through the Subscription Service.

“Free Services” means products or features made available by us to you on an unpaid trial or free basis.

"Cloudberrie Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services.

“Jurisdiction-Specific Terms” means the additional terms that apply to your subscription, depending on your location.

"Order" or "Order Form" means the Cloudberrie-approved form by which you agree to subscribe to the Subscription Service and purchase Consulting Services.

“Personal Data” means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data and (ii) is protected as personal data, personal information, or personally identifiable information under applicable Data Protection Laws.

"Privacy Policy" means the Cloudberrie Privacy Policy available at https://www.cloudberrie.io/privacy, as updated by us from time to time.

"Subscription Fee" means the amount you pay for the Subscription Service.

"Subscription Service" means the applications, tools, training modules and platforms that you have subscribed to, or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via Cloudberrie Launcher installed on your PCs specified in the Order Form. The Launcher contains three Applications, your Training Modules and provide access to your Reports and Analytics which are hosted online on a secure website. The three applications are:

(1) Scene Builder. When you open a Training Module in Scene Builder you get access to modify or change all content in the Module. With Scene builder you can also create a new Training Module.
(2) 3D Parser. Used by Scene Builder to parse and optimize imported 3D files.
(3) VR Player. Allows you to play your VR training modules.

"Subscription Term" means, collectively, the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s) (the "Initial Term"); and each subsequent renewal period (if any) (each a "Renewal Term"). Your "Current Term" is your then-current committed period of Subscription Services, as either an Initial Term or Renewal Term. For Free Services, the Subscription Term will be the period during which you have an account to access the Services during a trial period.

“Total Committed Subscription Value” means the aggregate amount of Subscription Fees paid or payable to us during your Current Term(s) for all of your Cloudberrie accounts, but this amount excludes fees for renewals, Consulting Services and applicable taxes.

"Users" means your employees, representatives, or contractors who are authorized to use the Subscription Service for your benefit.

"Cloudberrie," "we," "us," or “our” means the applicable contracting entity as specified in the ‘Contracting Entity’ section.

"You," "your," or “Customer” means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, or Order Form as the customer.

2.        USE OF SERVICES

2.1    Access. During the Subscription Term, we will provide your Users access to use the Subscription Service as described in this Agreement and the applicable Order. You must ensure that all access, use and receipt by your Users is subject to and in compliance with this Agreement.

2.2    Availability and Uptime. We will use commercially reasonable efforts to provide you the Subscription Service. The Subscription Service shall be available 99.9%, measured monthly, excluding scheduled maintenance.  Any downtime resulting from outages of third-party connections or utilities or other reasons beyond our control will be excluded from any such calculation. Your sole and exclusive remedy, and our entire liability, in connection with Subscription Service availability shall be that for each period of downtime lasting longer than one hour, we will credit you 1% of Subscription fees for each period of 60 or more consecutive minutes of downtime, provided that no more than one such credit will accrue per day.  Downtime shall begin to accrue as soon as Customer (with notice to us) recognizes that downtime is taking place and continues until the availability of the Subscription Services are restored.

2.3    Limits. The limits that apply to you will be specified in your Order Form, or this Agreement.

2.4    Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience.

2.5    Customer Support. We will provide you with reasonable support services. We will provide you Support via digital channels such as e-mail, video and remote access on weekdays during the hours of 8:00 am through 4:00 pm Central European Time or at a mutual agreed upon time, with the exclusion of public holidays. Customer may initiate a helpdesk ticket at any time by emailing support@cloudberrie.io. Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one business day. Fees of $110 per hour will be charged Customers that do not have an Annual Support Agreement. See Order Form.

2.6    Prohibited and Unauthorized Use. You will not use the Subscription Service in any way that is unlawful or prohibited by this Agreement. You will not (i) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Subscription Services or any software, documentation or data related to the Subscription Services; (ii) modify, translate, or create derivative works based on the Subscription Services (except to the extent expressly permitted by us); (iii) or remove any proprietary notices or labels.
You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service. 
You may not use the Subscription Service in a way that would violate local or industry-specific regulations.

2.7    Sensitive Data. You select the Identifier, such as company email, employee number, or name, you want to use identify your trainees in the reporting and analytics data generated by your trainees. Only the two parties under this agreement have access to that data. See the Confidentiality section of this agreement for more detailed information.

2.8    Customer Responsibilities. To realize the full value of the Subscription Service and Consulting Services, your participation and effort are needed. Resources that may be required from you include a project manager, a content owner, hardware owner and trainer(s). If you opt to build your own VR training Modules using the Subscription Services you will need a person(s) training on using the Cloudberrie Scene Builder. Cloudberrie will conduct the training stated in the Order Form.

2.9    Free Trial. If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it.

3.          FEES

3.1    Subscription Fees. The Subscription Fee will remain fixed during the Current Term of your subscription.

3.2    Fee Adjustments at Renewal. Upon renewal, we may increase your Subscription Fees up to our then-current list price published on our website. We will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next Renewal Term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your Current Term by giving the notice required in the ‘Notice of Non-Renewal’ section below.

3.3    Payment of Fees.  All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form. We will invoice you no more than forty-five (45) days before the fees are payable during the Subscription Term, for example, in advance of the beginning of the next Renewal Term and each subsequent Billing Period.

3.4    Payment Information. You will keep your business information up to date, including your company name, address, and primary contact. Changes may be made by sending your changes to payment information to support@cloudberrie.io. 
All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

3.5    Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You will have no liability for any taxes based upon our gross revenues or net income. If you are located in Norway, MVA will be added to your invoice. If you are located outside of Norway, all fees are exclusive of Sales Tax, GST or VAT.

4.          TERM AND TERMINATION

4.1    Term and Renewal. Your Initial Term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year.

4.2    Notice of Non-Renewal.  Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written notice of non-renewal 60 days before your current term expires. If you decide not to renew, you may send this non-renewal notice to support@cloudberrie.io.

4.3    Early Cancellation. You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of your Current Term. See the 'Notice of Non-Renewal' section for information on how to cancel your subscription.

4.4    Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. 
We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. 
This Agreement may not otherwise be terminated prior to the end of your Current Term.

4.5    Suspension

4.5.1              Suspension for Prohibited Acts
We may suspend any User’s access to any or all Subscription Services without notice for: 
(i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, 
(ii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.  

4.5.2              Suspension for Non-Payment
We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.

4.6    Effect of Termination or Expiration.  Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service and Cloudberrie Content. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due. Fees are otherwise non-refundable.

5.          CUSTOMER DATA

5.1    Customer’s Proprietary Rights. You own the Customer Materials and Customer Data. You grant permission to us to use the Customer Materials and Customer Data to provide the Subscription Service and Consulting Services to you and as otherwise permitted by this Agreement.

5.2    Limits on Cloudberrie. We will not use Customer Data to contact any individual or company except as you direct or otherwise permit. We will use Customer Data in order to provide the Subscription Service and Consulting Services to you and as permitted by applicable law and this Agreement.

5.3    Privacy Policy. For more information on these practices, please see our Privacy Policy.

5.4    Protection of Customer Data. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Personal Data.

5.5    Data Hosting. We will store your Customer Data in a specific location or geographical region (e.g. North America or Europe) as part of your subscription subject to the terms of this Agreement.

6.          INTELLECTUAL PROPERTY

6.1    This is an agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. We retain all intellectual property rights to the Cloudberrie Content, the Subscription Service, the Consulting Services, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Cloudberrie Content, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorized in writing by us.

7.          CONFIDENTIALITY

7.1    The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

7.2    The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process; provided, however, that (i) the Receiving Party will provide the Disclosing Party with prompt notice of any request that it disclose Confidential Information, sufficient to allow the Disclosing Party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by law, the Receiving Party will disclose the minimum amount of Confidential Information required to be disclosed under the applicable legal mandate; (ii) the Receiving Party will refer the request to the Disclosing Party and will provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s cost, in opposing such disclosure or seeking a protective order, unless the Receiving Party is explicitly prohibited from doing so by law or court order; and (iii) in no event will the Receiving Party disclose Confidential Information to a party other than a government agency except under a valid order from a court having jurisdiction requiring the specific disclosure, including in circumstances where the Disclosing Party refuses to provide their consent or fails to respond to the Receiving Party’s inquiries in connection with the request to disclose the Confidential Information..

8.          PUBLICITY

You grant us the right to add your name and company logo to our customer list and website.

9.          INDEMNIFICATION

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of

(a) unauthorized or illegal use of the Subscription Service by you or your Affiliates,

(b) your noncompliance with or breach of this Agreement,

(c) your use of Third-Party Products, or

(d) the unauthorized use of the Subscription Service by any other person using your User information.

We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

10.    DISCLAIMERS; LIMITATION OF LIABILITY

10.1                 Performance Warranty. We warrant that: (i) the Subscription Service and Consulting Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service.

In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct such non-conformance. If we cannot correct such non-conformance within sixty (60) days from the date when you notified us of the non-conformity (the “Remedy Period”), then either party may terminate this Agreement by providing the other party written notice within thirty (30) days after the end of the Remedy Period.  If you terminate the Agreement for this reason, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the ‘Effect of Termination or Expiration’ provision of this Agreement.

We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.

This section states our entire liability and your sole and exclusive remedy with respect to any claim provided for under this section.

10.2                 Disclaimer of Warranties. Except as set forth in the ‘performance warranty’ section and without limiting our obligations in the 'protection of customer data' section of this Agreement, we make no representations or warranties about the suitability, reliability, availability, timeliness, security, accuracy or completeness of the subscription service, data synched to or made available from the subscription service, Cloudberrie Content, or the consulting services for any purpose. Application programming interfaces (apis) may not be available at all times. To the extent permitted by law, the subscription service, Cloudberrie Content and consulting services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions of any kind, whether express, implied or statutory, with regard to the subscription service and the consulting services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

10.3                 No Indirect Damages. To the extent permitted by law, in no event will either party or its affiliates be liable for any indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, data or business opportunities arising out of or related to this Agreement, whether an action is in contract or tort and regardless of the theory of liability.

10.4                 Limitation of Liability. Except for your liability for payment of fees, your liability arising from your obligations under the ‘indemnification’ section, and your liability for violation of our intellectual property rights, if, notwithstanding the other terms of this Agreement, either party or its affiliates is determined to have any liability to the other party, its affiliates or any third party, the parties agree that the aggregate liability of a party and its affiliates will be limited to a sum equal to the total amounts paid or payable for the subscription service in the twelve month period preceding the event giving rise to a claim.

10.5                 Third Party Products. We disclaim all liability with respect to third-party products that you use. Our licensors will have no liability of any kind under this Agreement.

10.6                 Agreement to Liability Limit. You understand and agree that absent your agreement to this limitation of liability, we would not provide the subscription service to you.

11.    MISCELLANEOUS

11.1                 Amendment; No Waiver. We may modify any part or all of the Agreement. The revised version will become effective and binding the next business day after you are notified. We will provide you notice of this revision by email or in-app notification.

If you do not agree with a modification to the Agreement, you must notify us in writing within thirty (30) days after we send notice of the revision. If you give us this notice, then your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification until your next renewal date, after which the new terms will apply. However, if we can no longer reasonably provide the subscription to you under the terms prior to modification (for example, if the modifications are required by law or result from general product changes), then the Agreement and/or affected Subscription Services will terminate upon our notice to you and we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the ‘Effect of Termination or Expiration’ provision of this Agreement.

No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

11.2                 Force Majeure. Except for payment obligations of amounts due under this Agreement, neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

11.3                 Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

11.4                 Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.

11.5                 Compliance with Laws. We will comply with applicable Norwegian and EU Laws or regulations in our provision of the Subscription Service, the Consulting Services and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

You will not directly or indirectly export, re-export, or transfer the Subscription Service or Consulting Services to prohibited countries or individuals or permit use of the Subscription Service or Consulting Services by prohibited countries or individuals.

11.6                 Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

11.7                 Notices. To Cloudberrie: Notice will be sent to support@cloudberrie.io or a representative of the company assigned to you.

To you: your address as provided in our Cloudberrie Subscription account information for you. We may give electronic notices by general notice via the Subscription Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.

11.8                 Entire Agreement. This Agreement (including each Order), along with our Privacy Policy is the entire agreement between us for the Subscription Service and Consulting Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance, supplier portal, or website. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Service or dependent on any oral or written comments made by us regarding future functionality or features of the Subscription Service. We might make versions of this Agreement available in languages other than English.  If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

11.9                 Assignment. You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, provided such successor is not a competitor of ours.

11.10            No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

11.11            Contract for Services. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, will not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement.

11.12            Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

11.13            Survival. The following sections will survive the expiration or termination of this Agreement: ‘Definitions,’ ‘Fees,’ ‘Prohibited and Unauthorized Use,’ ‘Early Cancellation,’ ‘Termination for Cause,’ ‘Suspension for Prohibited Acts,’ ‘Suspension for Non-Payment,’ ‘Suspension for Present Harm,’ ‘Suspension and Termination of Free Services,’ ‘Effect of Termination or Expiration,’ ‘Intellectual Property,’ ‘Customer’s Proprietary Rights,’ ‘Confidentiality,’ ‘Publicity,’ ‘Indemnification,’ ‘Disclaimers; Limitations of Liability,’ ‘Miscellaneous’ and ‘Contracting Entity.’ 

11.14            Precedence. In the event of a conflict between the terms of the Agreement and an Order, the terms of the Order will control, but only as to that Order.

11.15            Governing law and jurisdiction. The Agreement and Order Form shall be governed by and construed in accordance with the laws of Norway.

If at any time a dispute, controversy, or claim arising out of or in connection with this Agreement, its interpretation, construction or performance, or the breach or enforcement thereof, or any claims or disputes that in any way concern the conduct of any Party in connection with this Agreement or otherwise (whether in contract, in tort, or based on statute or regulation) shall arise, then any Party shall give notice to the other Party in writing of the existence of such dispute, controversy, or claim, specifying its nature and the point of issue. The Parties shall have sixty (60) days from the date of such notice, or such later period as may be agreed, to resolve such dispute, controversy, or claim amicably.

Disputes, controversies, or claims among the Parties that remain unresolved at the expiration of the period specified above may be referred by either Party to and shall finally and exclusively be settled by arbitration.

The arbitration shall be exclusively conducted in accordance with the Arbitration Rules of the Oslo Chamber of Commerce (the “OCC Rules”), which are deemed to be incorporated by reference herein. The number of arbitrators shall be determined in accordance with the OCC Rules. The seat, or legal place, of arbitration shall be in Oslo, Norway, and the language of the arbitration shall be English.

12.    CONTRACTING ENTITY

12.1                 Contracting entity. The Cloudberrie contracting entity shall be Cloudberrie AS (with registration number 918 033 572) unless otherwise specified in the applicable Order Form.