path: root/licenses/HID_OK_Drivers_EULA

End User License Agreement

IMPORTANT - CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT (THIS "AGREEMENT") BEFORE INSTALLING THE SOFTWARE.
BY CLICKING “I ACCEPT” AND PROCEEDING WITH THE INSTALLATION OF THE
SOFTWARE YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT
THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. SHOULD
YOU CHOOSE NOT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT CLICK “I ACCEPT” AND DO NOT PROCEED WITH THE
INSTALLATION OF THE SOFTWARE.

1.  Software License.

(a)  License Grant.  Subject to Your compliance with the terms and
conditions of this Agreement, HID Global Corporation ("HID") grants
You a personal, non-exclusive, non-transferable, non-sublicensable
right to install the enclosed software program, in object code form
only (the "Software") on Your networked or standalone computers for
access and use by You and for Your benefit in conjunction with OMNIKEY
brand reader devices. This Agreement does not convey to You an
interest in or to the Software, but only a limited right of use
revocable in accordance with the terms of this Agreement.

(b)  Third Party Technologies. The Software may include or be bundled
with other software programs licensed under different terms and/or
licensed by a vendor other than HID. Use of any software programs
accompanied by a separate license agreement is governed by that
separate license agreement. Any third party software that may be
provided with the Software is included for use at Your option. HID is
not responsible for any third party’s software and shall have no
liability for Your use of third party software.

2.  License Restrictions.  HID reserves all rights not expressly
granted to You under this Agreement. You may not modify or alter the
Software in any way. You may not disassemble, decompile or reverse
engineer the Software in order to obtain the source code, which is a
trade secret of HID and/or its suppliers. You may not lease,
sublicense or otherwise rent the Software and accompanying
documentation.

3.  Ownership.  No title to or ownership in the Software is
transferred to You.  You acknowledge and agree that HID and its
suppliers own and retain all rights, title and interest in the
Software and ownership of all intellectual property rights in the
Software, including any adaptations or copies. You acquire only a
license to use the Software. The Software is the propriety product of
HID and its suppliers and is protected by United States copyright laws
and international provisions. You must treat the Software as any other
copyrighted material with the exception that You may reproduce the
Software in non-printed machine-readable form for purposes of the
permitted uses described above. You agree not to attempt in any way to
obliterate or destroy the trade secret or copyright notice in all
copies of the Software. In no event shall You copy the documentation,
or any portion thereof, accompanying the Software. You may not use,
copy, modify, or transfer the Software or documentation accompanying
this Software except as expressly provided in this Agreement.

4.  Term.  This license is effective until terminated. You may
terminate it by destroying the Software and accompanying documentation
and all copies thereof. This license will also terminate if You fail
to comply with any term or provision of this Agreement. You agree upon
such termination to destroy the Software and accompanying
documentation and all copies thereof.

5.  Limited Warranty.  In the absence of any optional warranty or
continuing provisions extended by a formal written agreement, HID
warrants its Software in accordance with the following:

(a)  Limited Warranty.  HID warrants solely on its behalf and for your
benefit alone, that for a period of ninety (90) days from your receipt
of the Software (the "Warranty Period") optical media on which the
Software is recorded shall be free from defects in materials and
workmanship under normal use. Except as expressly provided herein,
neither HID nor its suppliers warrant the performance or results of
the Software, that the Software will meet your requirements, or that
the Software will run uninterrupted or error free.

(b)  Exclusive Remedy.  HID’s entire liability and your exclusive
remedy shall be the replacement of any media not meeting the limited
warranty set forth above, provided it is returned to HID. Warranty
claims must be received by HID within the Warranty Period. In the
event of a warranty claim, you shall be responsible for the removal of
the defective Software, shipping charges for return to HID, and
installation of its replacement. Replaced Software and media, or any
part thereof, shall become the property of HID and shall be returned
to HID at your expense.

6.  WARRANTY DISCLAIMER.  THE EXPRESS WARRANTIES SET FORTH IN THIS
AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND TO
THE EXTENT PERMITTED BY APPLICABLE LAW ALL SUCH OTHER WARRANTIES ARE
HEREBY DISCLAIMED AND EXCLUDED BY HID AND ITS SUPPLIERS. Some
jurisdictions do not allow certain disclaimers and limitations of
warranties, so portions of the above limitations may not apply to you.
This limited warranty gives you specific rights and you may also have
other rights which vary from state to state.

7.  LIMITATION OF LIABILITY.  IN NO EVENT SHALL HID OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
SOFTWARE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS,
DATA, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL HID’S AGGREGATE
LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE
INSTANCE OR A SERIES OF INSTANCES) EXCEED THE AMOUNT PAID BY YOU FOR
THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE. In those jurisdictions
that do not allow the exclusion or limitation of damages, HID’s
liability shall be limited or excluded to the maximum extent allowed
within those jurisdictions.

8.  U.S. Government Restricted Rights.  The Software and documentation
are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by
the Government is subject to restrictions as set forth in subparagraph
(b)(3) of the Right in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial
Computer Software - Restricted Rights at 48CFR 52.227-19, as
applicable. Supplier is HID Global Corporation, 9292 Jeronimo  Road,
Irvine, California 92618.

9.  Export.  You agree that you do not intend to and will not,
directly or indirectly, export or transmit the Software or related
documentation and technical data to any country to which such export
or transmission is restricted by any applicable U.S. regulation or
statue, without the prior written consent, if required, of the Bureau
of Export Administration of the U.S. Department of Commerce, or such
other governmental entity as may have jurisdiction over such export or
transmission. You represent and warrant that you are not located in,
under the control of, or a national or resident of any such country.

10.  Indemnification.  You shall defend, indemnify, and hold HID, its
officers, directors and employees, harmless from and against any and
all claims, damages, losses, costs or other expenses (including
reasonable attorneys’ fees) that arise directly or indirectly out of
your willful misconduct or unauthorized use of the Software.

11.  Miscellaneous.

(a)  Severability.  If any provision of this Agreement is invalid or
unenforceable under applicable law, then it shall be, to that extent,
deemed omitted and the remaining provisions will continue in full
force and effect.

(b)  Governing Law.  The validity and performance of this Agreement
shall be governed by California law (without reference to choice of
law principles), and applicable federal law. The United Nations
Convention on Contracts for the International Sale of Goods shall not
apply.

(c)  Construction.  This Agreement is deemed entered into in
California, and shall be construed as to its fair meaning and not
strictly for or against either party.

(d)  Attorneys’ Fees.  In the event of any legal action or proceeding
relating to this Agreement, the prevailing party shall be entitled to
recover its attorneys’ fees in addition to any other relief granted.

(e)  Entire Agreement; Modification.  This Agreement sets forth the
entire understanding and agreement between you and HID and may be
amended only in a writing signed by both parties.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT
IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
YOU AND HID, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND HID RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT.