Legal disclaimer

Names and marks appearing on the products herein are either registered trademarks or trademarks of SecMaker AB. All other trademarks, trade names or company names referenced herein are used for identification only and are the property of their respective owners.

© 2020, SecMaker AB, All rights reserved worldwide.

No parts of the software including source code may be reproduced, transmitted, transcribed or translated into any language or computer language in any form or by any means, electronic, magnetic, optical, manual or otherwise, without the prior written permission of SecMaker AB.

The documentation must not, in whole or part, be copied, photocopied, reproduced, translated or transmitted to any electronic medium or machine readable form without prior consent, in writing, from SecMaker AB.

Names and marks appearing on the products herein are either registered trademarks or trademarks of SecMaker AB and/or its subsidiaries. All other trademarks, trade names or company names referenced herein are used for identification only and are the property of their respective owners.

EULA Terms

These licence terms and conditions (the "Terms") govern the Licensee’s use of the Software Net iD, which is the property of SecMaker AB, registration number 556671-5479, is a Swedish company with address Hesselmans Torg 5, 131 54 Nacka, Sweden, hereafter referred to as "SecMaker". SecMaker and the Licensee may hereinafter also jointly be referred to as the "Parties" and individually as the "Party".

Definitions

  1. "Effective Date" shall mean the date when the Licensee installs or uses the Software, whereby the Licensee accepts these Terms.

  2. "Licensee" shall mean the person using the Software.

  3. "Software" shall mean the object code version of SecMaker’s software Net iD including the specification related thereto, available on SecMaker’s website: www.secmaker.com.

  4. "Territory" shall mean any country, except those where export control regulations or restrictions to the use of cryptographic products apply, and those under sanctions.

License grant and scope of license

  1. The Licensee is hereby granted a non-exclusive, non-transferable license to use and reproduce the Software for the Licensee’s internal use within the Territory.

  2. The Licensee may not use, copy or otherwise transfer the Software, or part thereof, except as expressly permitted by these Terms. The Licensee may under no circumstances alter, develop or make additions to the Software.

  3. The Licensee may not sub-license, rent, lend or otherwise permit a third party to, directly or indirectly, with or without remuneration, dispose of or otherwise use the Software.

  4. The Licensee may not decompile, compile or reverse engineer the Software or by any other means try to recreate the source code of the Software or make copies for archival or disaster recovery purposes, other than what is expressly permitted by mandatory law.

  5. Any proprietary rights notices on the Software, or on the media by which it is made available, regarding patents, copyright, trademarks or other intellectual property rights may not be altered or removed by the Licensee.

Intellectual property rights

  1. Ownership and all intellectual property rights in the Software, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in SecMaker, or SecMaker’s licensor, and nothing in these Terms shall be interpreted as a transfer of such rights from SecMaker to the Licensee. The Licensee is solely entitled to the limited license to the Software specifically granted under these Terms.

No warranty

  1. The Software is provided "as is" and SecMaker expressly disclaims any warranties, including as regards fitness for purpose, freedom from errors and bugs or that defects in the Software will be corrected.

  2. The Licensee acknowledges that use of the Software requires server software, operated by a service provider. SecMaker does not provide such services and does not warrant the availability or functionality of such services and assumes no liability in relation thereto.

Limitation of liability

  1. Except for where caused by SecMaker’s gross negligence or intent, SecMaker shall not be liable for any losses or damages caused by the Software, whether direct or indirect, including any loss of production, loss of data, loss of business or profit, loss of goodwill, the Licensee’s obligation to compensate a third party or any other damages.

Infringement

  1. If it is established that Licensee’s use of the Software constitutes an infringement of any third party’s intellectual property rights, SecMaker shall, at its own discretion, (i) procure for the Licensee the right to continue using the affected Software; (ii) modify the affected Software so that it does not infringe; (iii) replace the affected Software with functionally equivalent software so that it does not infringe; or, (iv) reclaim the Software.

  2. SecMaker’s undertaking set out in Article 6.1 does not apply if the claim of infringement is based upon (i) use, operation or combination of the applicable Software with non-SecMaker hardware, software, data, documentation or other equipment if such infringement would have been avoided but for such use, operation or combination; or (ii) the Software has been altered or used in a way deviating from its construction or from its intended purpose.

  3. This Article 6 constitutes the entire liability of SecMaker, and the Licensee’s sole and exclusive remedy with respect to any third party claims of infringement of intellectual property rights.

Confidential information

  1. The Licensee is aware that the Software contains trade secrets and other confidential information which belongs to SecMaker. The Licensee therefore agrees not make the Software available to any third party without SecMaker’s prior written consent and to with take all reasonable measures to ensure that trade secrets and any other confidential information are not divulged, disclosed or otherwise furnished, directly or indirectly, to any third party.

  2. The Licensee’s confidentiality obligation under this Article 7 shall not apply to trade secrets or any other confidential information which the Licensee can demonstrate: (i) is already known by the Licensee when received; (ii) is or has becomes public knowledge other than by breach of these Terms; (iii) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; or (iv) is to be made publicly available due to a court order, a decision by a public body or as otherwise required by mandatory law.

  3. The Licensee’s obligations under this Article 7 shall be valid during the term of these Terms and continue for a period thereafter of one (1) year after expiration or termination of the Agreement, regardless of the reason therefore.

Term and termination

  1. This Agreement shall enter into force on the Effective Date and shall thereafter remain in force until terminated.

  2. Licensee may terminate these Terms at any time, in which case Licensee shall cease any use of the Software and erase any copies of the Software in its possession.

  3. Either Party may, after a written notice to the other Party, terminate these Terms, with immediate effect if: (i) the other Party has committed a material breach of these Terms, and has not rectified the same within thirty (30) days after receipt of a written notice thereof; or (ii) the other Party is wound up or if a trustee in bankruptcy or insolvency, liquidator, receiver, or manager on behalf of a creditor is appointed or if circumstances arises which would entitle the court or a creditor to make a winding-up order, or if it otherwise is likely that the other Party is insolvent.

  4. In the event the Licensee has committed a material breach of the Agreement, the Licensee shall compensate SecMaker for its damages, costs, or loss, regardless if SecMaker chooses to terminate the Agreement or not.

Miscellaneous

  1. The Licensee may not assign any rights or obligations under these Terms to a third party.

Disputes and governing law

  1. This Agreement and any non-contractual obligations arising out of or in connection with the same, shall be governed by and construed in accordance with the laws of Sweden, with the exclusion of its conflict of law rules.

  2. The parties agree that the courts of Sweden shall have exclusive jurisdiction to hear and settle any dispute, controversy or claim (contractual or non-contractual) arising out of or in connection with this contract, or the breach, termination or invalidity thereof.