End User License Agreement with Wizz Systems, LLC for use of IDScan.netIDScan.netT"" END USER LICENSE AGREEMENT
This End User License Agreement constitutes a valid and binding agreement ("Agreement") between you ("Licensee") and
Wizz Systems, LLC ("Licensor"}, for the use of IDScan.NetT"" Software Development Kit ("SDK") provided to Licensee by
Licensor. By installing the SDK, Licensee agrees to be bound by the terms of this Agreement. Licensee understands that
this Agreement is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and hereby
waives any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic)
signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Licensee understands and agrees Licensee's installation and/our use of either of both the SDK is subject to terms of this
Agreement as follows:
1. LICENSE GRANTED: Licensor grants Licensee anon-exclusive, non-transferable, non-sub-licensable, fully
revocable, limited use license to install and use this SDK solely and exclusively for Licensee's personal andlor
professional use. Licensee may incorporate the SDK into 1 (one) application created by Licensee and may distribute
no more than 150 (one hundred and fifty) number of copies of such application in OBJECT CODE FORM ONLY.
Licensor reserves any right not expressly granted to the Licensee. In return for this grant, Licensee agrees that
Licensee is solely responsible for Licensee's use of the SDK, any breach of Licensee's obligations under this
Agreement, and for the consequences of any such breach. Licensee understands that all updates and upgrades to
the SDK are subject to this Agreement. Licensor may also offer a Free Trial license under the terms of this
Agreement for either or both of the SDK allowing for use of the SDK andlor specific functionality free of charge for a
specified time period. Upon expiration of such time period, access to the SDK andlor specific functionality will be
terminated unless Licensee purchases a paid license for same. Licensor has no duty to provide Free Trial licenses
and has no liability to Licensee if Licensee cannot use the SDK andlor functionality contemplated or if the specified
period for such Free Trial license is shortened. Licensor may stop offering Free Trial licenses at any time without
notice or liability to Licensee at Licensor's sole discretion.
2. LIMITATIONS ON USE: Licensee, including any third party acting on Licensee's behalf, is restricted from any actions
not explicitly granted by this Agreement, including, but not limited to, the following actions:
A. Licensee shall not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or
otherwise grant rights to third parties with regard to the SDK source code, or any portion thereof, of the SDK.
B. Licensee shall not undertake, cause, permit or authorize the translation, reverse engineering, de-compiling,
disassembling or hacking of object-code portions of the SDK.
C. Licensee shall not attempt to create any competing product for the SDK.
D. Licensee shall not use the SDK in any manner that is in violation of local, state, federal, or international laws.
E. Licensee shall not use the SDK in any manner that could interfere with another party's use and enjoyment of the
SDK.
3. RESELLER LICENSE: Licensee may selllrebrand the SDK if Licensor approves Licensee and Licensee executes a
separate reseller license agreement. Otherwise, any attempt by Licensee to selllrebrand the SDK is a violation of
this Agreement as well as United States Copyright laws and may subject Licensee to civil and criminal liability.
4. CHANGES TO SDK: Licensor, in its sole discretion, reserves the right to add additional features or functions, or to
provide programming fixes, updates and upgrades, to the SDK. Licensee understands and agrees that Licensor has
no obligation to make available to Licensee any subsequent versions of the SDK, unless otherwise agreed.
Licensee also agrees that Licensee may have to enter into a renewed version of this Agreement, in the event
Licensee wants to install or use a new version of the SDK. Furthermore, Licensee understands and agrees that
Licensor is in no way liable for damages of any kind nor is Licensor obligated to assist Licensee in any way, should
such changes cause loss of functionality, errors, or other such issues on Licensee's computer.
5. INTELLECTUAL PROPERTY RIGHTS: Licensee acknowledges that the SDK are the sole and exclusive property of
Licensor and contains Intellectual Property Rights and constitutes proprietary and confidential information as
protected by applicable intellectual property and other laws. "Intellectual Property Rights" means any and all rights
existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law,
and any and all other proprietary rights, and any and all SDK, renewals, extensions and restorations thereof, now or
hereafter in force and effect worldwide. Licensee shall not take any action that interferes with or diminishes
Licensor's Intellectual Property Rights.
6. US GOVERNMENT USE RESTRICTIONS: These SDK, related materials and documentation have been developed
entirely with private funds. If the user of these SDK is an agency, department, employee, or other entity of the United
States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the SDK,
including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms
and Conditions. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal
Acquisition Regulation Supplement 227.7202 for military agencies, use of the SDK is further restricted by this
Agreement.
7. RIGHT TO AUDIT: Licensor reserves the right to audit Licensee's use of the SDK for compliance with this
Agreement.
Initials: Date: ~-
IDScan.netT"" END USER LICENSE AGREEMENT
8. EXPORT RESTRICTIONS: The SDK may be subject to export controls or restrictions of the United States, or other
countries or territories. Licensee agrees to comply with all applicable United States and international export laws and
regulations. These laws include restrictions on destinations, end users, and end use.
9. INDEMNITY: To the maximum extent permitted by law, Licensee agree to defend, indemnify and hold harmless
Licensor, its affiliates and respective directors, officers, employees and agents from and against any and all claims,
actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including
reasonable attorneys fees) arising out of or accruing from Licensee's downloading, installing, or use of the SDK or
Licensee's violation of this Agreement.
10. DISCLAIMER OF WARRANTIES: THE SDK ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER;
LICENSOR DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS
OR REPRESENTATIONS WITH RESPECT TO THE SDK, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A
PARTICULAR PURPOSE. LICENSOR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SDK WILL
ALWAYS WORK PROPERLY ON LICENSEE'S COMPUTER IN AN UNINTERRUPTED, TIMELY, SECURE,
ACCURATE, COMPLETE AND ERROR-FREE MANNER. LICENSEE ASSUMES ALL RISKS ARISING OUT OF
LICENSEE'S USE OF THE SDK, TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO
NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT
AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO LICENSEE.
11. LIMITATION OF LIABILITY: LICENSEE UNDERSTANDS AND AGREES THAT LICENSOR AND ITS AFFILIATES
WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM LICENSEE USE OF THE SDK OR
DERIVATIVE WORKS, AS SET FORTH BELOW. IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES BE
LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE
OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSE WORK OR
DERIVATIVE WORKS, EVEN IF LICENSOR OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. LICENSEE'S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR
DISSATISFACTION WITH THE SDK IS LIMITED TO THEIR REMOVAL FROM LICENSEE'S COMPUTER. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO
THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO
LICENSEE.
12. TERMINATION: This Agreement continues to apply until terminated by either Licensor or Licensee. Licensee may
terminate this Agreement by the removal of the SDK from Licensee's computer in its entirety. Licensee's rights
under this Agreement automatically and immediately terminate without notice from Licensor should Licensee fail to
comply with any provision of this Agreement. In the event of termination, Licensee's computer in its entirety.
Licensee shall also remove the SDK from any applications using the SDK as created by Licensee and cease use
and distribution of any applications Licensee has created using the SDK.
13. GENERAL TERMS AND CONDITIONS: This Agreement constitutes the entire understanding between Licensee and
Licensor relating to the SDK and governs Licensee's use of the SDK, completely replacing any prior or
contemporaneous agreements between Licensee and Licensor regarding the SDK. The failure of Licensor to
exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision,
which will still be available to Licensor. Should any provision of this Agreement be deemed invalid or unenforceable
by a court of law, either in its entirety or in a particular application, the remainder of this Agreement still remains in full
force and effect. Licensor is allowed to at its sole discretion assign this Agreement or any rights hereunder to any
affiliate of Licensor, without giving prior notice to Licensee; Licensee may not assign its rights and duties under this
Agreement. The laws of the State of Louisiana in the United States shall govern this Agreement without regard to its
conflict of laws provisions. Licensee consents to the exclusive jurisdiction of the courts located within the City of
Metairie, Louisiana, in the United States to resolve any legal matter arising from this Agreement. Notwithstanding
this, Licensee agrees that Licensor will still be allowed to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction.
BY INSTALLING AND/OR USING THE SDK, LICENSEE EXPRESSLY UNDERSTANDS THAT LICENSEE HAS READ
THIS AGREEMENT; UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS CONTAINED
WITHIN; AND EXPRESSLY CONSENTS TO BE BOUND BY IT.
Copyright (C) 2011-2012 Wizz Systems, LLC d.b.a IDScan.net.
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