DEAR USER, PLEASE CAREFULLY REVIEW THE BELOW AGREEMENT PRIOR TO PURCHASING THE PRODUCT(S) AND/OR SERVICE(S) FROM LOKOTECH AS AND/OR MAKING ANY TRANSACTION THROUGH THIS WEBSITE.
This is a legal agreement (the “Agreement”) between you, a user or purchaser of the Product (defined below) and/or service(s) (the “Purchaser”, “End-User” or “You”), and Lokotech AS. (“Lokotech AS“) regarding the purchased or ordered product (the “Product”) and/or service(s). Purchaser is deemed to accept these terms upon Purchaser’s (or his/her/its representative’s): (i) placing an order for purchase of the Product(s) and/or service(s), or (ii) clicking an acceptance button or checking an acceptance box online or similar act of acceptance; whichever occurs first.
Standards Terms And Conditions Of Sale Of The Product And/or Service(s)
This Agreement shall apply to all sales and deliveries of the Product(s) and/or service(s) from Lokotech AS to You, as Purchaser. The terms and conditions of sale together with the order and the order confirmation (if any) are jointly referred to as the “Sales Agreement”. Lokotech AS does not offer its Products to consumers. Hence, upon entering into this Sales Agreement, the Purchaser acknowledges and warrants that it is not a consumer and that all Products purchased under this Sales Agreement are strictly for businesses-related purposes, as this is a requirement for entering into this Sales Agreement, and further to this acknowledges and warrants that it is not purchasing the goods or services as a consumer or for any non-business related activities, and as such any applicable consumer protection legislation is waived in all its effect to the extent allowed by applicable law.
- Orders; Order Confirmation. Upon Lokotech AS’ receipt of Your order and acceptance of the Payment (defined below), the order will be confirmed in accordance with Lokotech AS’ internal procedures and shall be considered final (the “Order Confirmation”). For avoidance of doubt, Lokotech AS will not review and/or confirm any order and/or be bound by this Sales Agreement, without first confirming the remittance of the full Payment (defined below) owed from You. You further acknowledge and accept that such Order Confirmation may be sent via e-mail or by any other mean, as Lokotech AS may deem fit. In addition, You also acknowledge and confirm that neither the order, nor the Payment, is cancellable and the Product(s) and/or service(s) ordered, or Payments made are not returnable by the Purchaser, save for as specified in this Sales Agreement or at Lokotech AS’ sole and absolute discretion on rare occasions.
- Prices; Terms of Payment. The Product(s) and/or service(s) are sold at the prices prevailing on the day of order according to Lokotech AS’ price list at that time. Applicable prices do not include taxes, import duties, customs, or other applicable costs (such as freight and delivery) levied in connection with the purchase of the Product(s) and/or service(s), which are all to be borne by the Purchaser. Payments are due in the amounts, in the currency, and at the time stated in the Order Confirmation, or if not so stated, due immediately in United Stated Dollars, wired to the bank account to be designated by Lokotech AS (the “Payment”). You acknowledge that costs for freight will be charged separately and Lokotech AS may, in such case, require additional payments to be made as a condition for delivering the Product(s) and/or service(s). If Your payment is conducted prior to an order confirmation, as per a Proforma Invoice, and Your payment sum deviates from the proforma invoice sum, Lokotech AS’ will reduce or increase the order size by reducing or increasing number of units to as closely as possible match the payment sum. In the event of an overpayment or underpayment, the Purchaser will have to contact Lokotech AS in writing within fourteen – 14 – days to request a refund of the balance. Lokotech AS’ reserves the right to deny such refund if the refund sum is lower than $50 USD. Any fees connected to such refund shall be born by the Purchaser.
2.1 Cryptocurrency payments. Lokotech AS strives to be friendly towards cryptocurrency payments and may offer to sell its products in cryptocurrency in selected cryptocurrencies as listed on Lokotech AS website from time to time. Such payments are subject to the terms herein as well as any additional conditions stipulated by Lokotech AS.
The conversion rate between accepted cryptocurrencies and the fiat currency in which the Product or service is priced (‘Conversion Rate’) shall be determined by Lokotech AS based on the rate provided by a reputable cryptocurrency exchange chosen at Lokotech AS’ sole discretion. The Conversion Rate will be fixed for a limited time period as specified during the payment process (‘Conversion Window’). If payment is not made within the Conversion Window, the Conversion Rate may be recalculated.
If you choose to pay in cryptocurrency, you also acknowledge that Lokotech AS charges a 5% non-refundable fee to cover increased administrative costs.
The risk of value fluctuations between the time of the payment transaction and the time of the Order Confirmation shall be borne by You. Lokotech AS is not responsible for any changes in the value of the accepted cryptocurrencies between the order initiation and the final Order Confirmation. If you choose to pay with cryptocurrency, and the value of such currency falls more than 5% before your order has been confirmed, Lokotech AS reserves the right to refund the cryptocurrency in its original amount in its entirety, less transaction fees, and cancel the order. In such a case, you will be notified on the email address used at the time of purchase.
Notwithstanding anything to the contrary in this Agreement, in case of any other return or refund than set out in the paragraph above and for whichever reason, Lokotech AS will return any amounts originally paid for in cryptocurrency, in the original fiat currency value for the relevant Products at the time of purchase (as if the Customer paid for the Products with the fiat currency at the time of purchase and not cryptocurrency), less any transaction fees. As per clause 11, any future disputes are limited to the USD value of your purchase order, less the 5% fee, at the time of purchase.
The Customer represents and warrants that their use of cryptocurrencies for payment is in compliance with all applicable laws and regulations, including, but not limited to, anti-money laundering and counter-terrorist financing laws and regulations.
Lokotech AS reserves the right to provide any necessary information to satisfy any law, regulation, governmental request, or court order demanding the disclosure of Customer’s identity or payment information in connection with the use of cryptocurrencies.
- Delivery; Shipment. Delivery dates communicated or acknowledged by Lokotech AS in the Order Confirmation are approximate only as delivery services are provided by third parties delivery companies and are also dependent upon supply chain interruptions and stoppages, development delays, and other factors. Therefore, Purchaser shall not rely upon, and Lokotech AS shall not be liable under whatsoever circumstances for any other estimation statement of expectation when delivery will occur. Title to Product(s) passes from Lokotech AS to the Purchaser upon shipment or collection. Unless otherwise is agreed, the Products are delivered to the Purchaser Ex.W (Ex. Works) in accordance with INCOTERMS 2020. Taxes are additional unless otherwise expressly indicated in the Order Confirmation. Loss or damage that occurs during shipping by a carrier is Your responsibility.
Notwithstanding the above, Lokotech AS reserves the right to cancel and rescind any Order, or the entire Sales Agreement, until the Product has been shipped by Lokotech AS in accordance with this section 3. In such event, Lokotech AS shall refund the Purchaser the entire Payment for the Product(s) covered by the terminated Order(s) less any incurred transaction fees.
- Undeliverable Products. In the event that a shipment is returned to Lokotech AS after categorized by the delivery company as undeliverable (due to incorrect address or address format that was filled in or provided by You during the Order process, failed delivery attempts, etc.) Lokotech AS will re-dispatch Your Order (at Your expense). Thus, it is highly important that You verify that all information provided by You is correct and updated.
- Delivery of Damaged Products. You must inspect the Products within thirty (30) days of the date of receipt of Product to verify that no purchased Product is missing or wrong or visibly damaged. If Lokotech AS has not received any notice of such wrongful delivery within such time, the delivery shall be considered accepted by the Purchaser.
- Rights in Product and Intellectual Property.All intellectual property rights covering the Product(s) including without limitation any and all documentation or data included in, with or comprising the Product(s) and/or service(s), and all ownership rights in and to such intellectual property rights, documentation and data, as well as any improvements, modifications or enhancements thereof, shall remain solely and exclusively with Lokotech AS or its third party suppliers, whether or not it was developed specifically for the Purchaser. If Purchaser provides to Lokotech AS any suggestions, enhancement requests, recommendations, or other comments or information regarding experience with the Products (“Feedback”), Purchaser assigns to Lokotech AS all rights and title to any intellectual property rights vested in or resulting from such Feedback, and Lokotech AS may use any such Feedback provided in any manner and without limitation, attribution, or any compensation due in any form.
Payment by the Purchaser of non-recurring charges, as may be made to Lokotech AS for special design, engineering or production materials required for Lokotech AS’ performance on orders deviating from Lokotech AS’ Product line and/or service(s), shall not convey title to either the design or special materials, but title shall remain in Lokotech AS. Except for licenses explicitly identified in Lokotech AS’ Order Confirmation, no rights or licenses are granted, or implied by estoppel or otherwise, under any intellectual property rights of Lokotech AS or its Affiliates or any intellectual property residing in the Product(s) and/or service(s), including documentation or any data furnished by Lokotech AS, except for the license under Lokotech AS’ intellectual property rights to operate the Product delivered by Lokotech AS to the Purchaser for their ordinary function, and subject to the provisions set forth herein. Notwithstanding anything to the contrary herein, these terms shall not be construed as conferring any license, right or immunity, either directly or by implication, estoppel or otherwise to the Purchaser or any third party: (a) with respect to any trademark, trade or brand name, a corporate name of Lokotech AS or its Affiliate(s), or any other name or mark, or contraction abbreviation or simulation thereof; (b) covering a standard set by a standard setting body or agreed to between at least two companies; or (c) if Lokotech AS has informed the Purchaser or has published (in a datasheet concerning the Product or elsewhere) a statement that a separate license is needed or useful. The absence of such a statement in a given version of the datasheet is of no consequence whatsoever if a subsequent version of the datasheet does contain such a statement. Notwithstanding anything to the contrary herein, these terms shall not be construed as obligating Lokotech AS or its Affiliate(s) to furnish any manufacturing or technical information.
- Not for Resale or Export. You hereby agree not to allow the Product to be used in any country except in compliance with applicable export laws and regulations and represent that You are purchasing the Product for Your own internal use only, and not for resale or export.
Any additional charges for customs clearance must be borne by You; Lokotech AS has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so You should contact your local customs office for further information. Additionally, please note that when ordering from Lokotech AS, You are considered the importer of record and must comply with all laws and regulations of the country in which You are receiving the goods. Your privacy is important to Lokotech AS and Lokotech AS would like its international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
- Termination: Lokotech AS reserves the right to terminate and rescind a confirmed Order, or the entire Sales Agreement, immediately in the event the Purchaser breaches any of the terms and provision of this Sales Agreement and fails to rectify such breach within seven (7) calendar days from receipt of Lokotech AS’ notification to the Purchaser of the breach, or in the case of a force majeure event affecting Lokotech AS, cf. section 17 of this Agreement. Lokotech AS reserves the right to immediately terminate and rescind a confirmed Order, or the entire Sales Agreement, in the event that the Purchaser suspends its scheduled payments or is in material breach of the Sales Agreement.
- Limited Warranty and Disclaimer. Lokotech AS warrants that no Products will fail to function substantially in accordance with published specifications due to defects in manufacturing or materials (subject to customary industry standard deviations thereof) for a period of one hundred and eighty (180) days from the date of delivery of the Product, unless otherwise set forth in the Order Confirmation rendered by Lokotech AS to the Purchaser. Lokotech AS’ limited warranty herein is nontransferable and is limited to the Purchaser. The foregoing warranty applies only to failures in operation of the Product that are reproducible in standalone form and does not apply to (i) software, firmware and/or hardware that are modified or altered by the Purchaser or any third party; (ii) if the defect is caused by faulty maintenance, installation or set-up, use with third party equipment not supported by the Products, or by alterations undertaken without Lokotech AS’ consent or by faulty repairs; or (iii) Product that is otherwise operated in violation of this Sales Agreement or other than in accordance with the Documentation (defined below). Lokotech AS’ entire liability and the Purchaser’s exclusive remedy for a breach of the preceding limited warranties shall be a fix, patch, work-around, or replacement of the software or media that does not meet such limited warranty, or replacement of the defective part/Product. Except as expressly set forth above, no other warranties or conditions, either express or implied, are made by Lokotech AS with respect to the Product(s) and/or service(s) (statutory or otherwise), and Lokotech AS expressly disclaims all warranties and conditions not expressly stated herein, including but not limited to the implied warranties or conditions of merchantability, noninfringement, and fitness for a particular purpose. Lokotech AS does not warrant that the functions contained in the Product will meet Purchaser’s requirements, be uninterrupted or error free, or that all defects in the Product will be corrected.
Notwithstanding anything to the contrary, the Purchaser acknowledges that the limited warranty provided above is void if the unit is damaged beyond repair after delivery, regardless of reason, including, but not limited to
- Corrosion/oxidation: Product is corroded or oxidized partially or completely and can no longer be repaired.
- PCB bonding pad falling off: Chip bonding pad has fallen off and can no longer be repaired.
- Board burnt: PCB is burnt partially or massively and can no longer be repaired.
- PCB board routing burnt: PCB circuit is burnt badly and can no longer be repaired even by jump wire.
- Bonding pad burnt: PCB bonding pad is burnt badly and can no longer be repaired.
- PCB fracture: PCB is deformed badly or PCB fractures and can no longer be repaired.
The Purchaser acknowledges that he is fully aware that there are considerable risks connected with operating the unit(s) that are outside Lokotech AS’ control, and which under no circumstance will be covered by the warranties granted hereunder, including but not limited to temperature outside the specified operating range (0 degrees Celsius to 50 degree Celsius), dust levels, humidity, faults on electrical installations at the place of operating, voltage on local power grid, interruptions in connectivity, power surges, lack of physical maintenance, installation of third-party software or firmware, customization of cooling systems, or attempting to overclock the processors outside of the range delivered by Lokotech’s software.
The Purchaser acknowledges that Lokotech AS waives any and all liability for any defects or malfunctioning of the Product caused by operation or storing of the Product contrary to the above.
- Return Merchandise Procedures. Upon return of any defective Products subject to the warranties set out herein (“Defective Products“), a proof of purchase of the relevant Product satisfactory to Lokotech AS will be required. In the event of return of a Defective Product, You are required to do the following: (i) notify Lokotech AS within the applicable warranty period that the Product is Defective (including a description of the circumstances thereof); (ii) return the Defective Product to Lokotech AS within thirty (30) days of reporting; (iii) deliver to Lokotech AS within the warranty period proof acceptable to Lokotech AS indicating that the Product is Defective; (iv) provide Lokotech AS with all documentation and information that Lokotech AS requests; and (v) follow Lokotech AS’ standard return procedure by obtaining a return merchandise authorization (“RMA”) directly from Lokotech AS.
Subject to Your satisfaction of these requirements, Lokotech AS shall have the following obligations with respect to Defective Products, which shall be Purchaser’s sole available remedies in the event of Defective Products and Purchaser hereby waives any other claim: (1) upon receipt of notification from You of the Defective Product, Lokotech AS will attempt to remotely validate the failure of the Product; (2) upon validation of the defect being covered by applicable warranty, an RMA number will be created, and You will be required to ship the Defective Product back to Lokotech AS offices within thirty (30) days, at Lokotech AS expenses; (3) upon receipt of the Defective Product, and based on availability Lokotech AS will endeavor to ship the replacement Product from Lokotech AS’ headquarters within three business days following validation that the Product is Defective and covered by warranty. Lokotech AS or manufacturer will subject the Defective Product to hands-on diagnostic confirmation of the failure by technical support engineers. If Lokotech AS determines that the Defective Product is not covered by warranty, You may be charged the shipment costs of the Defective Product and the replacement product.
Replacement Products will be delivered to the delivery address specified by the Purchaser in the Order. The Purchaser is not entitled to refuse acceptance of the replacement Products or make claims for compensation due to any delayed delivery, and Lokotech AS may charge the Purchaser with a further handling fee for each incorrect or incomplete delivery information provided by the Purchaser.
- Limitation of Liability and Indemnity. The Purchaser agrees that, to the maximum extent allowed by applicable law, in no event shall Lokotech AS, its affiliates, subsidiaries, associates, directors, shareholders, officers or consultants be liable for any indirect, special, exemplary, consequential or punitive damages whatsoever, including amounts representing loss of profits, loss of revenue, loss of use, loss of date, loss of business, or costs of procurement of substitute products or services whether in an action in contract or tort, arising out of the sale of, use of or inability to use the Product and/or service(s), even if those damages were foreseeable or resulted from the breach of a fundamental term of this agreement, or if Lokotech AS has been advised of the possibility of such damages. This limitation shall apply regardless of the failure of any essential purpose. This limitation is an essential part of the Agreement between You and Lokotech AS. You acknowledge that this limitation represents a reasonable allocation of risk, taking into account the price paid for the Product and/or service(s), and that Lokotech AS would not provide the Product except under the terms of this Agreement.
In the event that, notwithstanding the terms of this Agreement, Lokotech AS is found liable for direct damages of any kind (including liability for negligence) connected and/or related to this Agreement, Lokotech AS’ total liability for such damages shall, to the maximum extent allowed by applicable law, not exceed the price in US$ [or the equivalent US$ value of the Cryptocurrency conversion rate used to effect the purchase of the Product and/or service(s)] paid to Lokotech AS by the Purchaser for the specific unit of Product and/or service(s) that is the subject of the claim, or if no single unit of Product or service is so applicable, then Lokotech AS’ liability shall not exceed the amount of price paid in US$ [or the equivalent US$ value of the Cryptocurrency conversion rate used to effect the purchase of the Product and/or service(s)] by the Purchaser to Lokotech AS in the six (6) months prior to the occurrence of the incident giving rise to liability.
The Purchaser shall defend, indemnify, and hold Lokotech AS and its representatives harmless from any damages, third party claims or liability resulting from Purchaser’s use of the Product and/or service(s) as well as for any such damages, claims or liability resulting from Purchaser’s infringement of third-party intellectual property rights.
Lokotech AS shall defend, indemnify and hold Customer and its representatives harmless from any damages, liability or third-party claims arising out of Lokotech AS’ infringement of third party intellectual property rights, provided that Lokotech AS is given immediate and complete control of such claim, that the Purchaser does not prejudice Lokotech AS’ defence of such claim, that the Purchaser gives Lokotech AS all reasonable assistance in connection with such claim, and that the claim does not arise as a result of the use of the Products otherwise than in accordance with the terms of the Agreement. The foregoing indemnification obligation shall not apply to claims caused by or arising as a result of Purchaser’s acts or omissions, or the use or combination of the Products or any part thereof with software, hardware, data or processes not provided by Lokotech AS, if the Products or use thereof would not cause the claims without such combination. To avoid and cure infringements, Lokotech AS may, at its option: (a) procure the rights to use the Products as before, without infringing any third-party rights; (b) replace or change the Products or provide materially corresponding Products that do not infringe third party rights.
Until any infringement is resolved, Lokotech AS shall be entitled to not make any additional Products available to the Purchaser. The foregoing states the entire liability of Lokotech AS to the Purchaser for infringement of intellectual property rights of any third party.
- Disclaimers on Endorsement and External Websites. The responsibility for opinions expressed in authored pieces on Lokotech AS Website rests solely with the author(s), and publication does not constitute endorsement by Lokotech AS. The designations employed in Lokotech AS publications and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of Lokotech AS concerning the legal status of any country, territory, city, or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Information posted on the Lokotech AS Website may include links to information created and maintained by other individuals or organizations. These links are provided for information and convenience and do not constitute explicit or implicit endorsement by Lokotech AS of such third parties, information, or services. When You follow a link to another site, You are subject to the policies of the outside website.
- Copyright © Lokotech AS. Short extracts from the material on Lokotech AS Website may be reproduced unaltered without authorization on condition that the source is indicated. For rights of reproduction or translation, application should be made to Lokotech AS at email@example.com. Lokotech AS welcomes such applications.
- Scam Warning. Fictitious publication, announcements or solicitations may be circulated on the Internet. The purpose of these announcements is to obtain privileged information from individuals, or to induce people to pay a fee for services related to Lokotech AS’ main business activities. Please note that all genuine Lokotech AS’ announcements are announced on its official website and/or social networks accounts. Lokotech AS advises the public in unconditional terms that it does not authorize or sponsor any consultants, agencies, or organizations which, through website postings or otherwise, claim to be charging a fee on behalf of Lokotech AS for soliciting or facilitating purchase processes. Lokotech AS does not charge any application or processing fee at any stage of the purchase process and assumes no responsibility for any announcements or activities of such individuals, consultants, agencies, or organizations. Should You have any doubts about the authenticity of an email, letter, or telephone communication purportedly from, for, or on behalf of Lokotech AS, please send us an email query before taking any further action in relation to the correspondence.
- Use Restrictions.The Product and/or service(s) are, unless otherwise is explicitly agreed with Lokotech AS, licensed to You, as “End-User“, for Your own commercial use only. The Product and/or service(s) may contain copyrighted material, trade secrets, and other proprietary materials of Lokotech AS. You acknowledge that the scope of the license granted hereunder do not permit End-User (and End-User shall not allow any third party) to: (i) decompile, disassemble, decipher, reverse engineer or attempt to reconstruct, identify or discover any underlying ideas, design, underlying user interface techniques or algorithms of the Product and/or service(s), by any means whatsoever, or disclose any of the foregoing; (ii) provide, distribute, rent, lease, lend, use for timesharing or service bureau purposes, or otherwise use, transfer or allow others to use the Product and/or service(s) for the commercial or other benefit of third parties whether or not for consideration; (iii) modify, incorporate into or with other software, or create a derivative work of any part of the Product and/or service(s); (iv) attempt to circumvent any user limits or use restrictions that are built in to the Product and/or service(s); or (v) sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement and any attempt to do so shall be of no effect. You shall not remove, obscure, or alter Lokotech AS’ or third-party suppliers’ copyright notices, trademarks, or other proprietary rights notices affixed to or contained on or within the Product and/or service(s).
- Confidential Information. Except as explicitly stated in the Sales Agreement, all confidential information exchanged or otherwise transferred between Lokotech AS and the Purchaser shall be treated as confidential (“Confidential Information“). Confidential Information shall mean any information designated as such, or that the receiving party reasonably ought to understand should be confidential considering the nature of the information and the circumstances surrounding the disclosure thereof.
Confidential Information shall not be disclosed by the receiving party to any third party, or used by the receiving Party for any other purpose than for which it is disclosed or as otherwise agreed in the Sales Agreement, without the written consent of the disclosing party, unless such Confidential Information: (i) is already known by rightful means to the receiving Party at the time the information was received; (ii) is or becomes part of the public domain other than through a fault of the receiving Party; (iii) is received from a third party without an obligation of confidentiality of which the receiving Party was or should have been aware; or (iv) is required to be disclosed by applicable laws, governmental, or other public authority regulation or decision, or ordered by a court of law. Where the circumstances set out in (iv) above apply, the receiving party shall disclose only that portion of the Confidential Information which it is legally required to disclose. The receiving party shall exercise its best efforts to obtain reasonable assurances that confidential treatment shall be accorded such Confidential Information.
Without prejudice to the foregoing, (i) the receiving Party may disclose Confidential Information to a third party, to the extent necessary for the performance of delivering the Product and/or service(s) under this Sales Agreement, provided that the receiving party shall procure that such third party shall be bound by confidentiality obligations at least as strict as set out herein, and (ii) Lokotech AS shall be entitled to name the Purchaser as a customer of the Product and/or service(s) for reference purposes in its marketing efforts, and may strictly for the purpose thereof reproduce the Purchaser’s trademarks and logos, subject to any of Purchaser’s reasonable instructions for use of such material.
This obligation to observe confidentiality shall continue and survive for ten (10) years after the expiry or termination of the Sales Agreement.
- Force Majeure. Lokotech AS shall not be liable for any failure to perform its obligations under this Sales Agreement if such failure results from circumstances beyond the Lokotech AS’ reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, natural disasters, power outage, lockout, fire, labor disputes, or any interruptions in transportation or communications. In the event of a force majeure event, Lokotech AS’ time for performance shall be extended reasonably and the Lokotech AS shall not be liable for any damages or penalties for delay in performance or for non-performance, which in any instance shall not be regarded as a breach of the Sales Agreement by Lokotech AS.
- The license granted hereunder to use the Products and/or service(s) is expressly conditioned upon acceptance by a person who is authorized to bind the Purchaser. This Sales Agreement is the entire agreement between the Purchaser and Lokotech AS with respect to the license hereunder and supersedes any previous oral or written communications or documents (including, if You are obtaining an update, any agreement that may have been included with the initial version of the Product and/or service(s)). This Sales Agreement shall be governed and construed solely in accordance with the laws of Norway, without giving effect to conflicts of law principles thereof, and only the courts in Oslo, Norway shall have jurisdiction in any conflict or dispute arising out of this Sales Agreement. The Purchase Act (“Kjøpsloven”) and similar acts in EEA is waived in all its effect. If the Purchaser purchases only 1 -one- unit, the Purchaser acknowledges that the purchase is done in effect of a strictly business-related evaluation of the product. This Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods (Vienna, 1980). If any provision of this Sales Agreement is found to be invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remainder of this Sales Agreement will remain in full force and effect. Failure to prosecute a party’s rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach. Lokotech AS may, in its sole discretion, modify this Agreement and portions thereof at any time, provided that such changes have been posted on Lokotech AS’ web site(s) or a notice to that effect was sent to the Purchaser via e-mail, postal mail or other means.