These Kalmar Digital Service Terms and Conditions shall govern the Customer’s and Customer’s Users’ use of Kalmar Digital Service. These Kalmar Digital Service Terms and Conditions shall apply as a supplement to and shall form an integral part of any written agreement. In case of any discrepancies between any written agreement and these Kalmar Digital Service Terms and Conditions, the written agreement shall prevail.
If the individual accepting these Kalmar Digital Service Terms and Conditions is accepting on behalf of a company or other legal entity, such individual represents that they have the authority to bind such entity to an agreement and accept these Kalmar Digital Service Terms and Conditions in which case the term “Customer” shall refer to such entity. If the individual accepting these Kalmar Digital Service Terms and Conditions does not have such authority, or does not agree with these Kalmar Digital Service Terms and Conditions, such individual must not accept these Kalmar Digital Service Terms and Conditions and may not use the Service.
The Customer and Kalmar each a “Party” and jointly the “Parties”.
“Affiliate” means any legal entity, which is directly or indirectly owned or controlled by a Party or directly or indirectly owning or controlling a Party or under the same direct or indirect ownership or control as a Party for so long as such ownership or control lasts.
“Agreement” means these Kalmar Digital Service Terms and Conditions or other written agreement based on which Kalmar has agreed to provide the Service to the Customer, and which incorporates these Kalmar Digital Service Terms and Conditions.
“Customer” means the entity to whom Kalmar agrees to provide the Service under the Agreement.
“Data Protection Regulations” means the European General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”) and the data protection laws under the governing law of the Agreement applicable to the processing of personal data from time to time.
“Kalmar” shall mean the legal entity of Cargotec Corporation that has entered into the Agreement with the Customer.
“Personal Data” means data, which has the capability of identification of an individual person, as further defined under the Data Protection Regulations.
"Service" means the MyKalmar, MyParts, Kalmar Insight, and related features and functionalities offered and made available to the Customer through the Service.
“Software” means any applications, plugins and other forms of software (including third party software) and any improvements, updates and upgrades thereto or versions thereof that are provided by (or on behalf of) Kalmar to the Customer and which the Customer may use in order to access and use the Service.
"User(s)" means the individual or entity who upon request and/or approval of the Customer registers a user account and gains access to the Service provisioned by Kalmar.
2. CONTENT OF SERVICE AND CHANGES TO SERVICE
2.1 Usage of the Service. Kalmar hereby grants to the Customer a non-transferable, non- exclusive, non-sublicensable limited right and license to allow its designated Users to access and use the Service for the term of the Agreement. The content of the Service is described in the service description made available to the Customer by Kalmar. In case of rental of the equipment related to the Service, the Customer may, upon Kalmar consent, grant an access to the Service and right to use upon the terms and conditions as set forth in this Agreement, the Customer remaining responsible for any such use.
2.2 Intellectual Property Rights. The Service, including content, structure and organization of data are the intellectual property of Kalmar and include Kalmar trade secrets. Therefore, the Customer shall not and shall not permit anyone else to: (a) sell, lease, or provide access to the Service to any third party except as permitted under the Agreement; (b) reverse engineer, modify, disassemble or reverse compile and assemble, or otherwise attempt to derive all or any portion of the source code from the Service, except as expressly provided by applicable law; (c) circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Service; or (d) interfere with or disrupt the integrity or performance of the Service or any third party data. By reason of the Agreement, the Customer obtains no ownership rights in the Service. Kalmar and/or its licensors reserve all rights not expressly granted herein.
2.3 Service Improvement. Kalmar is continuously striving to develop and improve the Service. Accordingly, Kalmar reserves the right to effect modifications to the content, design, operational method, technical specifications, systems, and other functions of the Service, in which Kalmar’s reasonable opinion does not decrease the overall performance, usability and functionality of the Service, at any time without prior notice (together “Minor Changes”). In case Kalmar anticipates to implement any changes which in Kalmar’s reasonable discretion are not Minor Changes to the Service, and if the change, in Kalmar’s reasonable discretion, has a material adverse impact on the Customer’s ability to use the Service in accordance with the Agreement, then Kalmar shall notify the Customer about the change. Following such Kalmar notification, the Customer has the right to terminate the Agreement by notifying Kalmar within thirty (30) days after receiving notice of the change. Should the Customer not terminate the Agreement within the period of thirty (30) days, the Customer shall be deemed to have accepted the change.
3. CUSTOMER OBLIGATIONS
3.1 User activities. The Customer shall be responsible for its Users’ activities within and conducted through use of the Service and maintaining the security of the user accounts.
3.2 Access. The Customer may access and use the Service solely for its own benefit and in accordance with the terms and conditions of the Agreement. The Customer shall ensure that all log-in details, including user names and passwords are maintained as confidential information and shall not share such with any third party. The Customer is responsible for authorizing and controlling access to the Service and for any use that occurs under the Customer’s account, including access by any third parties authorized by the Customer to use the Service on the Customer’s behalf.
3.3 Customer Restrictions. The Customer may only use the Service for its own lawful, internal business purposes. At a minimum, the Customer shall not (nor permit any third parties, including any of its employees or Users): (i) use the Service in violation of applicable laws or the Agreement; (ii) resell the Service; (iii) create any derivative services or products based on the Service; (iv) reverse engineer, reverse assemble, decompile or otherwise attempt to derive source code from the software that runs the Service or any part thereof (except to the extent that such restriction is not permitted under applicable law); (v) make the Service available to any unauthorized parties, including without limitation, competitors of Kalmar; or (vi) perform, or release the results of, benchmark tests or other comparisons of the Service with other software, services, or materials. Should unexpected or inappropriate use of the Service (e.g. extraordinary bandwidth usage; uploaded content that contain viruses, worms, spyware, or other malicious content; load tests, security scans, or penetration tests conducted without notice, etc.) result in denial of service with respect to the Service, Kalmar may disable the Service and/or deny access to Customer as necessary to remedy the problem. The Customer will be responsible for its Users' compliance with these terms and conditions, and liable for its Users' breach thereof. If the Customer is in breach of this section, Kalmar may suspend all access to the Service, in addition to any other rights and remedies Kalmar may have at law or in equity.
3.4 Ownership of the Equipment Related to the Service. In case the ownership of the equipment connected to the Service is transferred to the new owner, the Customer has an obligation to inform Kalmar that the concerned equipment should be disconnected from the Service.
4. KALMAR OBLIGATIONS
4.1 Safeguards. In accordance with the terms and conditions of the Agreement, Kalmar will maintain appropriate safeguards for protection of the Customer specific data, including regular back-ups, security and incident response protocols, and application and infrastructure monitoring.
4.2 Service Suspension or Restriction. Kalmar will make the Service available on a non-exclusive basis to the Customer and its users via the Internet. Kalmar also has the right to suspend the provisioning of the Service where this is necessary for ensuring continuity of the Service, including without limitation technical modifications, general installation, modifications or maintenance work of the technical environment, or where laws, orders, guidelines or statements of the authorities require for such actions. Kalmar further has the right to restrict traffic volume in the communication network, disconnect the connection, and take any other necessary action required to secure network traffic, data security, or availability. Kalmar endeavors to ensure that any such suspension does not continue for an unnecessarily long time. Said suspension or restriction is not considered to constitute a defect in the supply of the Service and the Customer is not entitled to any refunds or other compensation.
5. PAYMENT: Applicable only for Kalmar Insight Service
5.1 Fees. The Customer shall pay Kalmar the fees for the Kalmar Insight Service agreed by the Parties in the Agreement. The term of payment of all fees shall be thirty (30) days from the date of Kalmar’s invoice. Value added tax (if any) shall be added to the fees pursuant to the legislation in force from time to time.
5,2 Taxes. All fees and prices are exclusive of any taxes or duties or other charges or levies of any nature whatsoever on the Kalmar Insight Service under the laws of the country of destination, which shall be paid directly by the Customer. In case Kalmar is obliged to pay or collect any such taxes, duties or charges, such amounts shall be paid by the Customer in addition to the fees.
5.3 Overdue Payments. As of the first date any fees owed by the Customer are overdue, Kalmar may suspend the Customer’s access to the Service until all overdue fees have been paid as well as charge an interest of 10 % per annum on overdue fees.
5.4 Change in Fees. The fees may be reviewed by Kalmar once in every twelve (12) months. In the event that the fees are raised, the Customer may terminate the Agreement within one (1) month of receiving notification of the price increase. In addition, Kalmar shall have the right to revise the fees in case additional equipment is included in the Agreement and if new features, User accounts, configurations, add-ons or similar items are added to the Service. Revised fees shall come into force from the date additional equipment or new features, User accounts, configurations, add-ons or similar items are added to the Service.
6. CONFIDENTIALITY AND USE OF DATA
6.1 Definition. The Parties undertake to keep confidential all such material and information received from the other Party which has been classified as confidential or which should be understood as such, and the Parties undertake not to use such material or information for any purpose other than for the purposes of the Agreement between the Parties. Further, Kalmar will maintain administrative, physical, and technical safeguards for protection of the security and integrity of the Customer’s confidential information. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of confidential information by Kalmar personnel except in order to (a) to provide, develop and improve the Service and prevent or address service or technical problems, or (b) as compelled by law.
6.2 Termination of the Agreement. Upon the termination of the Agreement or when a Party no longer requires the information or material in question for the purposes of the Agreement then that Party shall immediately cease using the confidential information or material received from the other Party and shall, at the other Party’s request, return or destroy the material in question including any copies. Kalmar is however entitled to store the material delivered and created in connection with the provisioning of the Service in accordance with its filing practice and taking into consideration the confidentiality obligations. Furthermore, each Party shall be entitled to retain copies, as required by law or orders of the authorities.
6.3 Survival of Rights and Obligations. The rights and obligations set forth in this Section shall survive any termination or expiration of the Agreement between the Parties.
6.4 Service Data Access. Without limiting the confidentiality rights and Intellectual Property Rights protections set forth in the Agreement, Kalmar, or a third party designated by Kalmar, has the perpetual right to access, send, receive, collect, store and use any information and data gathered through the Service, including but not limited to, information concerning efficiency, availability, downtime, operation, operating environment, movement, condition, logon, location and similar information relating to the Service (the “Information”). Such Information may be used for optimizing the Services or any related equipment or services as well as for Kalmar’s or its affiliates’ internal business and/or operating purposes. Kalmar shall be responsible for complying with applicable laws and regulations related to such Information. Any intellectual property rights or other right and title in and to the Service features, including all their further developments, shall at all times be and remain the exclusive property of Kalmar.
6.5 Suggestions. Kalmar shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by the Customer or its Users relating to the operation or content of the Service.
7. DATA PROTECTION AND PRIVACY
7.1 For the purpose of this clause the terms "processing", “data subject”, "controller", "processor" and “personal data” have the meanings given to them by the applicable Data Protection Regulations.
7.2 Both Parties shall comply with their respective obligations under the Data Protection Regulations, where applicable.
7.3 If and to the extent Kalmar processes any personal data, as part of providing the Service, the Customer shall be the data controller of that personal data and Kalmar shall be a data processor in regards to such personal data.
7.4 The Customer, as a data controller, shall:
(a) to the extent deemed necessary by the Customer, give to Kalmar documented instructions on the processing of personal data, which instructions shall comply with the Data Protection Regulations;
(b) have the right and obligation to specify the purpose of processing of personal data
(c) represent that all the data subjects of the personal data have been provided with notices and information, as required by the Data Protection Regulations, to allow Kalmar to perform the processing contemplated hereunder;
(d) represent that if the Customer represents its affiliates or third parties under this Agreement, it has the legal grounds to enter into this Agreement with Kalmar and allow Kalmar to process the personal data according to the terms of this Agreement; and
(e) confirm that; (i) the processing stipulated under this Agreement meets the Customer’s requirements including, but not limited to, with regard to intended security measures, and (ii) it has provided Kalmar with information in order for Kalmar to perform the processing in compliance with the Data Protection Regulations.
7.5 When operating in the capacity of a data processor, Kalmar shall (and to the best of its ability shall ensure that any relevant sub-processor shall):
(a) process the Customer’s and its Users’ personal data in accordance with the Customer’s documented and reasonable instructions;
(b) take appropriate technical and organizational measures to safeguard against unauthorized and unlawful processing of the personal data and against accidental loss, alteration or destruction of, or damage to the personal data;
(c) process the Customer’s and its Users’ personal data in accordance with Customer’s reasonable written instructions as communicated by the Customer in advance;
(d) assists the Customer in ensuring compliance with the obligations pursuant to Articles 32 to 36 of GDPR taking into account the nature of processing and the information available to Kalmar;
(e) at the choice of the Customer, delete or return all the Customer’s and its Users’ personal data to the Customer after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the personal data;
(f) make available to the Customer all information necessary to reasonably demonstrate compliance with the obligations the Data Protection Regulations directly applicable to a data processor and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.
Kalmar shall have the right to invoice any costs and expenses resulting from assisting the Customer under items 7.5 (d)-(f).
7.6 The Customer consents to Kalmar subcontracting the processing of the Customer’s personal data to sub-processors in accordance with the Agreement.
7.7 If the European Commission’s standard contractual clauses (“SCC”) for transfer of Personal Data outside the European Union or European Economic Area have been entered into between and Kalmar, the Customer (or, if applicable, an authorized the Customer affiliate): (a) consents to Kalmar subcontracting the processing of the Customer personal data in accordance with the terms of the SCC; and (b) acknowledges that this constitutes the prior written consent of the Customer (or the applicable authorized the Customer affiliate) for the purpose of clause 11(1) of the SCC.
7.8 For the avoidance of doubt, Sections 7.4 to 7.7 shall apply only where Kalmar operates in the role of a data processor and personal data is processed. Where possible and feasible, Kalmar strives to render any Customer data anonymized and, thus, not personal data.
7.9 Statistical Data. Without limiting the confidentiality rights and Intellectual Property Rights protections set forth in the Agreement, during and following expiry of the Agreement, Kalmar and its affiliates has the perpetual right to use any and all information and data gathered through or derived from the operation of Service, including but not limited to, information concerning efficiency, availability, downtime, operation, operating environment, movement, condition, logon, location and similar information (“Statistical Data”), and nothing herein shall be construed as prohibiting Kalmar or its affiliates from utilizing the Statistical Data for business and/or operating purposes, provided that Kalmar does not share with any third party (other than Kalmar’s affiliates, subcontractors and service providers) Statistical Data which reveals the identity of the Customer, the Customer’s User’s, or the Customer’s confidential information. For the sake of clarity, in case Statistical Data contains any personal data, Kalmar processes Statistical Data in the role of data controller when deciding the purposes for which, and the means by which, such personal data is processed. More information on how Kalmar processes personal data as a data controller, including information on how long and for what purposes Kalmar processes personal data is available on https://www.cargotec.com/en/privacy-statement/.
8.1 Customer Warranty. The Customer warrants that:
(a) it has full power and authority to enter into, and grant the rights under, the Agreement;
(b) it will use reasonable care and skill in complying with its obligations under the Agreement;
(c) it is not subject to any U.S., EU or UK or other economic or trade sanctions or export controls or located or established in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(d) it is not listed on any EU, UK or U.S. Government list of prohibited or restricted parties.
8.2 Kalmar Warranty. Kalmar warrants that:
(a) it has full power and authority to enter into, and grant the rights under, the Agreement; and
(b) it will use reasonable care and skill in complying with its obligations under the Agreement.
Kalmar hereby disclaims any conditions, warranties or other terms relating to the Service or to any other goods or services supplied by Kalmar under the Agreement, unless such conditions, warranties or terms are expressly set out in the Agreement. For clarity no implied conditions, warranties or other terms apply, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description.
9. LIABILITIES AND LIMITATIONS OF LIABILITIES
9.1 Service. Notwithstanding Kalmar’s warranties under Section 8 above or elsewhere in the Agreement, Kalmar does not warrant that the Service runs without interruption or remains error-free. Kalmar shall not be responsible for the usability and compatibility of the equipment or software used by Customer or its Users with the Service.
9.2 TOTAL LIABILITY. IN NO EVENT SHALL KALMAR’S AGGREGATE TOTAL LIABILITY TOWARDS THE CUSTOMER OR ITS USERS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT EXCEED THE SERVICE’S CALCULATIVE MONTHLY FEE MULTIPLIED BY TWELVE (12).
9.3 INDIRECT DAMAGES. IN NO EVENT SHALL KALMAR BE LIABLE UNDER THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR LOSS OF PRODUCTION, COST OF CAPITAL, LOSS OF PROFIT, LOSS OF USE, LOSS OF DATA, OR INCREASED EXPENSE OF USE OF THE EQUIPMENT OR PLANT, LOSS OF CONTRACTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS. FURTHERMORE, THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER AND ITS USERS SHALL BEAR THE RISK OF COMMERCIAL REALIZATION OF THE SERVICE AND THE BENEFITS ACHIEVED FROM USING THE SERVICE AND THE CUSTOMER SHALL THEREFORE BEAR ALL RISKS FOR THE INFORMATION USED BY OR OBTAINED FROM THE SERVICE.
9.4 Limitations and Exclusions. The limitations and exclusions of liability shall not apply to liability caused by, or arising from, willful misconduct or gross negligence, or death or personal injury. Some states or countries do not allow the exclusion of certain warranties or the limitations and exclusions of liability described above. Therefore, these limitations and exclusions may not apply to a Customer and its Users who reside in one of those states or countries, but otherwise they are in effect to the maximum extent allowed by applicable laws.
10. EXPORT CONTROL
10.1 Export Control. The Service, its content and derivatives thereof may be subject to export laws and regulations of the European Union, United States and/or other jurisdictions restricting the access or use by (i) any national or certain countries or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria and Sudan), (ii) Specially Designated Nationals, and (iii) other proscribed persons who are listed on the Denied Parties list.
10.2 Customer Representation. The Customer represents that the Customer, its Users or any person under the Customer’s registration attempting to access or use the Service:
(a) is not a national of any such sanctioned country or group or a Specially Designated National;
(b) is not named on any U.S. government Denied Parties list;
(c) has not been prohibited from participating in US and/or EU export transactions;
(d) that such use is not restricted; and
(e) that, as an authorized user, the Customer has not disclosed or provided access to any such person for use under the Customer’s registration. The Customer shall be fully liable to the full extent of the law for any violations of this Section 10.
11. TERM AND TERMINATION
11.1. Agreement Term. Unless otherwise agreed between the Parties in writing, the Agreement shall enter into force on the date of signing or other form of acceptance of the Agreement and shall stay in force for a period of twelve (12) months and will continue to remain in force for consecutive twelve (12) months periods unless terminated in accordance with this Section 11.
11.2 Termination. Either Party may terminate the Agreement with a written notice to the other Party no later than one (1) month prior to then current Agreement period.
11.3 Breach of Terms. Each Party may terminate the Agreement for cause with immediate effect if the other Party (i) essentially breaches the terms of the Agreement (which includes, without limitation, non-payment of the service fees by the Customer) and is not able to rectify the breach within thirty (30) days from the receipt of written notification thereof of the other Party or (ii) is declared bankrupt or placed into liquidation or otherwise suspends its payments, except that suspension of payments or Service in case of a contested payment obligation or other disputes shall not entitle either Party to terminate for cause, as aforesaid.
11.4 Breach of Laws. Kalmar shall have the right to terminate the Agreement at any time and with immediate effect by giving a written notice to the Customer, provided that any (i) trade-, export-, import-, or embargo related laws, regulations, sanctions, restrictions or policies change; or (ii) the Customer or its Users violate any international or local laws, regulations conventions, including but not limited to anti-money laundering, export control regulations, the US Foreign Corrupt Practices Act, the UK Bribery Act and the universal declaration of human rights, and Kalmar to its sole discretion considers such change or violation in any way either affecting its ability or permissibility to continue to provide the Service to the Customer or its Users.
11.5 Fees before Termination. The termination by either Party of the Agreement pursuant to this Section shall not affect Kalmar’s right to charge all fees and other payments that were originated prior to the date of termination of the Agreement for the Service provided in accordance with the terms and conditions of the Agreement.
11.6 Customer-specific Data. To the extent not provided otherwise by applicable mandatory law, Kalmar shall not be obliged to remove, erase, export or transfer any Customer-specific data unless otherwise agreed by the Parties against a separate fee.
12.1 Agreement Assignment. Neither Party is entitled to assign this Agreement without the other Party’s written consent. Regardless of the above, Kalmar has the right to assign the Agreement to a company belonging to the same group of companies or in connection with a transfer of its business by notifying the other Party of this in writing.
12.2 Applicable Law and Settlement of Disputes. In case the Customer and Kalmar have the same domicile, the Agreement shall be governed by and concluded in accordance with the laws of that country. Any disputes arising out of the interpretation or the fulfillment of the agreement shall be attempted to be settled by negotiation. If the Parties do not reach a consensus by the way of negotiation, the dispute shall be settled by arbitration procedure in accordance with the Arbitration Rules of International Chamber of Commerce. The Parties agree not to disclose any material received during the arbitration procedure, arbitration procedure and arbitration award. Notwithstanding the foregoing, claims for non-payment of monetary charges may be resolved in the district court of the respondent’s place of domicile if the respondent does not contest its payment obligation.
In other cases the Agreement shall be governed by the laws of Finland. Any disputes arising out of the interpretation or the fulfillment of the agreement shall be attempted to be settled by negotiation. If the Parties do not reach a consensus by the way of negotiation, the dispute shall be settled by arbitration procedure in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The Parties agree not to disclose any material received during the arbitration procedure, arbitration procedure and arbitration award. Notwithstanding the foregoing, claims for non-payment of monetary charges may be resolved in the district court of the respondent’s place of domicile if the respondent does not contest its payment obligation.
12.3 Beta Services. The Customer acknowledges that Kalmar may at its sole discretion offer or make available beta versions of the Service or part thereof. Such beta versions may contain, among other things, additional features, changes in existing features or service components, extensions or any other changes in the Service (“Beta Services”). Despite anything to the contrary in the Agreement: (a) Customer may choose to use Beta Services in its sole discretion; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Service; (d) Beta Services have not been subjected to the same security measures and auditing to which the Service have been subjected; and (e) CUSTOMER SHALL USE BETA SERVICES AT CUSTOMER’S OWN RISK AND KALMAR SHALL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES.
12.4 English Language. In case of discrepancies between the English and any translated versions of the Agreement, the English version(s) shall always prevail.
12.5 Force Majeure. Neither Party shall be liable for delays or damages resulting from an obstacle outside the sphere of influence of the Party or its subcontractors, and which cannot reasonably have been taken into account by the Party at the time of concluding the Agreement, and the consequences of which the Party could not reasonably have been expected to avoid or overcome. A strike, lockout, boycott or other industrial action shall be regarded as a constituting force majeure event even when the Party itself constitutes its target or is a Party to it. The Party shall immediately notify the other Party both of the event of force majeure itself, as well as the cessation thereof.
12.6 Terms Modification. Kalmar may revise the Agreement from time to time and the most current version will always be posted on the Kalmar website or within the Service. If a revision, in Kalmar's sole discretion, is material, Kalmar will notify the Customer (by, for example, sending an email to the email address associated with the applicable account). By continuing to access or use the Service after revisions become effective, the Customer agrees to be bound by the revised Agreement. If the Customer does not agree to the revised Agreement, the Customer may terminate the Service within thirty (30) days of receiving notice of the change.
12.7 Trial. In case the Parties have agreed a trial period, during which Kalmar may make the Service available to the Customer free of charge, then the availability of the Service may be terminated at any time by Kalmar. During the trial period the Service is provided “as is” without any warranties. In case of an agreed trial period, the Customer shall at any point during the agreed trial period be entitled to terminate the Agreement for convenience.