IDEMIA IDENTITY & SECURITY USA LLC
1. License Grant. Subject to User’s compliance with these Terms, IDEMIA hereby grants to User a personal, non-sublicenseable, non-transferable and non-exclusive terminable license to install and use the App on a mobile device owned or controlled by User solely (i) for User’s personal use, and (ii) in accordance with these Terms. All rights relating to the App that are not expressly granted in these Terms, whether now existing or which may hereafter come into existence are reserved by IDEMIA. User shall not remove, obscure, or alter any proprietary rights notices (including without limitation copyright and trademark notices) which may be affixed to or contained within the App.
2. Use of the App, Content, Trademarks, Ownership, License Restrictions.
2.1 These Terms are subject to the IDEMIA Mobile ID Privacy Statement http://www.idemia-mobile-id.com/enduserprivacy (the “Privacy Statement”). In accordance with the Privacy Statement, IDEMIA will release your personal information (“Information”) only to those third parties you have authorized to receive such Information (“Relying Party”). Once we disclose your Information in accordance with your consent, IDEMIA does not have control over third party use of such Information and IDEMIA disclaims any liability for any third party use or misuse of such Information.
2.2 The trademarks, service marks, and logos (the “Trademarks”) of IDEMIA that are used and displayed in connection with the App are registered and unregistered trademarks or service marks of IDEMIA, its licensors or partners. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any rights to use any Trademark displayed in connection with the App without the prior written consent of IDEMIA for each such use. The Trademarks may not be used to disparage IDEMIA or the applicable third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without IDEMIA’s prior written consent. All goodwill generated from the use of any IDEMIA owned Trademark shall inure to IDEMIA’s sole benefit.
2.3 IDEMIA reserves and User hereby acknowledges and agrees to the reservation by IDEMIA (or its licensors) all ownership right, title and interest in and to the App and the intellectual property rights in and to the App, including all right, title and interest in and to any derivative works, translations, or any other modifications thereof. These Terms and the license granted herein are not a sale of a copy of the App and does not render User the owner of a copy of the App. Ownership of the App and all components and copies thereof shall at all times remain with IDEMIA its licensors, regardless of who may be deemed the owner of the mobile device in or on which the App is downloaded and installed.
2.4 The App contains proprietary intellectual property rights belonging to IDEMIA and its third party licensors. User shall not directly or indirectly: (a) copy the App; (b) transfer, sublicense, resell, distribute, publicly display or publicly perform the App, or any copy thereof, either in whole or in part, by any means whatsoever, or otherwise make it available for use by others in any sharing, service bureau or similar arrangement; (c) modify, decompile, disassemble, , decrypt, extract, reverse engineer or reverse compile the App, or otherwise attempt to discover or derive the source code, confidential algorithms or techniques incorporated in the App, or disclose or use any confidential information of IDEMIA in any manner; (d) use the App for any illegal purpose, in any manner that is inconsistent with these Terms, or to engage in any illegal activity; (e) use any third party licensed component of the App separate and apart from the App; (f) prepare derivative works based on the App or any part thereof; or (g) circumvent, disable or otherwise interfere with security-related features in the App. User may not use the App in any manner which could damage, disable, overburden, or impair the IDEMIA’s system, services or servers or interfere with any other party’s use and enjoyment of the App or related services. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
2.5 The App is for use by Users who are eighteen (18) years of age or older and residents of the United States. Users under the age of eighteen (18) are not permitted to use the App without the consent of a parent or legal guardian. By using the App, User represents that he/she is at least eighteen (18) years of age, or has the consent of a parent or legal guardian, and is a resident of the United States of America.
3. Links to Third Party Sites, Advertising. The App may contain information about, links to and/or advertisements for web sites operated by Relying Parties or other parties (the “Third Party Sites”). The information provided in and about the Third Party Sties is provided for User’s convenience only and IDEMIA does not make any representations regarding the content or accuracy of the Third Party Sites. IDEMIA does not control such Third Party Sites and is not responsible for the content and performance of these Third Party Sites and/or for any transactions Users may choose to conduct with the operators of any Third Party Sites. IDEMIA is not responsible for, and hereby disclaims all liability for, the contents of any Third Party Sites, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site. IDEMIA is not responsible for webcasting or any other form of transmission received from any Third Party Site. IDEMIA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IDEMIA of the site or any association with its operators.
4. DISCLAIMER OF WARRANTIES.
4.1 IDEMIA, ITS AFFILIATES AND LICENSORS (COLLECTIVELY, THE “IDEMIA PARTIES”) MAKE NO WARRANTIES TO LICENSEE ABOUT THE APP, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE IDEMIA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO USER THROUGH THE APP, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. USER AGREES THAT USE OF THE APP AND THE CONTENT IS AT USER’S OWN RISK. THE IDEMIA PARTIES DO NOT WARRANT THAT THE APP WILL OPERATE ERROR FREE OR THAT THE APP IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE IDEMIA PARTIES ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGES RELATED TO OR ARISING FROM USER’S USE OF THE APP THAT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT. THE APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE IDEMIA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
4.2 The text, graphics, images, reports, charts, graphics, data and data files made available through the App (collectively, the “Content”) is presented in a summary fashion, and is intended to be used for educational and informational purposes only and nothing in the App is intended to constitute professional legal advice.
6. Limitation of Liability. IN NO EVENT SHALL ANY OF THE IDEMIA PARTIES BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE APP AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH IDEMIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to User. IN SUCH STATES, THE LIABILITY OF THE IDEMIA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Term and Termination. These Terms are effective until terminated by IDEMIA or User. IDEMIA reserves the right, in its sole discretion, to terminate your access to the IDEMIA App and related services or any portion thereof at any time, for any reason or no reason, without notice. User’s rights under these Terms will terminate automatically without notice if User fails to comply with any term or condition of these Terms. Upon termination, User shall immediately cease all use of the App, and destroy all copies, full or partial, of the App. Sections 2, 4, 6, 7, 9, 10, 11 and 12 shall survive the termination.
8. User Must Comply with Applicable Laws. User may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other U.S. Government list of prohibited or restricted parties. By using the App, User represents and warrants that User is not located in any such country or on any such list. User also agrees that User will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
9. U.S. Government Restricted Rights. The App is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the App by the Government constitutes acknowledgement of IDEMIA’s proprietary rights in the App as commercial computer software.
10. Third Party Licensors – Intended Third Party Beneficiaries. Portions of the App may include certain software programs owned by and licensed from third parties. User acknowledges and agrees that such third party licensors are intended third party beneficiaries under these Terms. Accordingly, in the event of any breach of these Terms by User that would violate any agreement between IDEMIA and such third party licensors, such third party licensor shall have an independent cause of action and standing against User for breach of such Terms.
11. Additional Terms. Notwithstanding anything to the contrary in these Terms, User acknowledges the following:
11.1 These Terms apply as between IDEMIA and User, and not with Apple Inc. (“Apple”). Apple is not responsible or liable to User for the Terms.
11.2 As between Licensee and Apple, the full extent of the rights, duties and obligations between the parties are those contained in Apple’s applicable terms and conditions that exist between the parties.
11.3 IDEMIA, not Apple, is responsible for addressing any of User’s claims or any third party claims relating to the App or User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
12.1 These Terms are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions.
12.2 All disputes arising in connection with these Terms, which disputes have not been settled by mutual and amicable agreement, shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in effect as of the date first above written (the “AAA Rules”). Any such arbitration shall take place exclusively in the English language in the City of Boston, Massachusetts. The arbitration panel will consist of one arbitrator, appointed upon the mutual agreement of the parties, acting reasonably, or the AAA Rules if the parties are unable to mutually agree upon the arbitrator. Each party shall bear its own expenses and shall share equally in arbitrator’s fees and related expenses, provided that once an arbitration judgment is entered, the prevailing party shall be entitled to recover reasonable attorneys’ and/or expert fees and related costs as damages. An award granted by the arbitrators will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or pleaded to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that unsuccessfully resists its enforcement.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English.
12.3 If any provision of these Terms is found to be invalid by an arbitrator or any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of IDEMIA to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against IDEMIA unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
12.4 These Terms constitute the entire agreement between User and IDEMIA with respect to the App, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and shall not be given any legal import.
12.5 These Terms will inure to the benefit of IDEMIA’s successors and assigns. IDEMIA is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that User may use.
12.6 User may direct any questions, complaints or claims with respect to the App to us at firstname.lastname@example.org.
COPYRIGHT NOTICES: All contents of the IDEMIA Software and related services are: Copyright © 2022 by IDEMIA Identity & Security USA LLC. All rights reserved.