IDKEY SOFTWARE LICENSE AGREEMENT

IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING IDKEY YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL THIS SOFTWARE.

IDKEY LICENSE TERMS

IDKEY Inc (“IDKEY”) grants you (“Customer”)  a license to use the IDKEY product, and their documentation, subject to  the separate, applicable provisions below.

 

1. IDKEY LICENSE FOR IDKEY SOFTWARE

IDKEY license allows customer to use IDKEY on mobile devices, as long as:

– (i) Customer has substantially the same set of IDKEY Data Files on all of these computers and devices, and

– (ii) All these computers and devices belong to the same Customer, and

– (iii) Customer is physical person and not a company or organization.

 

2. GENERAL PROVISIONS FOR IDKEY

COPYRIGHT/OWNERSHIP OF PROGRAM: IDKEY is the proprietary product of IDKEY and its licensors and it is protected by copyright, trade secret, and other intellectual property laws.

Customer acquires only the right to use IDKEY and does not acquire any rights, express or implied, in IDKEY or media containing IDKEY other than those specified in this License.

IDKEY, or its licensor, shall at all times retain  all rights, title, interest, including intellectual property  rights, in IDKEY and media.

Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from IDKEY.

Customer shall not cause or permit reverse engineering, disassembly, or decompilation of IDKEY.

PERSONAL DATA IN IDKEY:  All data that Customer enters into IDKEY Keycards is stored only locally on Customer’s mobile device.  Customer understands that deletion of or damage to these files will cause irreversible loss of personal information contained in these files and customer accepts the risk of such loss.

Customer is hereby encouraged to keep multiple copies of IDKEY user data on his/her computers, disks and devices.

NON-TRANSMISSION OF PERSONAL DATA IN IDKEY: IDKEY NOT transmit any data that is contained in Keycards over the Internet.   However, if Customer or a program running on Customer’s computer causes IDKEY to fill an online form with such personal data, then submission of this form will result in this data being sent over the Internet but this shall be deemed not to be caused by IDKEY.  IDKEY does NOT send information about sites that you visit or any information about your browsing to any servers.

UNINSTALL INSTRUCTIONS: Customer may uninstall IDKEY at any time by going to the device home screen and selecting the uninstall icon or option.

NO WARRANTIES OF ANY KIND: IDKEY IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.   IDKEY INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN IDKEY WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF IDKEY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT IDKEY ERRORS WILL BE CORRECTED.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF IDKEY IS WITH YOU.

IDKEY INC FURTHER DOES NOT WARRANT THAT PRIVATE INFORMATION THAT BELONGS TO YOU AND THAT YOU STORE IN IDKEY WILL NOT BE STOLEN OR OTHERWISE ACQUIRED BY THIRD PARTIES.

LIMITATION OF LIABILITY: IDKEY INC NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY IDKEY INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF IDKEY INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION: This License is effective until terminated or upon expiration of the 30-day free trial period where applicable.  You may terminate this Agreement at any time by uninstalling IDKEY and deleting all its files. This License will terminate immediately without notice from IDKEY Inc if you fail to comply with any provision of this License. Upon termination or expiration of this License you must uninstall IDKEY and delete all its files.

TRADEMARKS: IDKEY (R) are trademarks and/or trade names owned by IDKEY Inc.  ANY UNAUTHORIZED USE OF THESE TRADEMARKS AND/OR TRADE NAMES OR ANY OTHER INTELLECTUAL PROPERTY OWNED BY IDKEY OR ITS LICENSORS IS PROHIBITED.

GOVERNMENT CUSTOMERS: If you are acquiring IDKEY on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees that: (i) if IDKEY is supplied to the Department of Defense (DoD), IDKEY is classified as “Commercial Computer Software” and the Government is acquiring only “restricted rights” in IDKEY and their documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if IDKEY is supplied to any unit or agency of the United States Government other than DoD, the Government’s rights in IDKEY and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither IDKEY, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If IDKEY has been rightfully obtained by you outside of the United States, you agree that you will not re-export IDKEY nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained IDKEY.

SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.

COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of IDKEY and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of IDKEY Inc.

 

3. PRIVACY

PERSONAL DATA IN IDKEY: see Section 2 for privacy provisions.

CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.