Entrust Identity App Software License
Entrust Identity App Software License
PLEASE READ THE FOLLOWING LICENSE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ENTRUST. IF YOU OBTAINED THIS SOFTWARE IN THE UNITED STATES, "ENTRUST" SHALL MEAN ENTRUST, INC. IF YOU OBTAINED THIS SOFTWARE OUTSIDE OF THE UNITED STATES, "ENTRUST" SHALL MEAN ENTRUST LIMITED. "AFFILIATES" OF ENTRUST SHALL MEAN ALL CORPORATIONS CONTROLLED BY ENTRUST, INC. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, PLEASE DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
1. Definitions: In this License
"Entrust Identity Application" means either Entrust Identity Mobile Soft Token or Entrust Identity Mobile Smart Credential in binary and/or bytecode format, as applicable.
"License" means this Entrust Identity Application Software License;
"Software" means the Entrust Identity Application binary and/or bytecode software program downloaded with this License or in which this License is embedded, or that can be accessed after acceptance of this License, and which binary and/or bytecode software program includes any online, or electronic documentation or release notes;
"You" or "Your" means the individual obtaining or installing the Software. If You are entering into this Agreement on behalf of Your company, organization, educational institution, or an agency, instrumentality, or department of the federal government, "You" or "Your" refers to such entity or organization as well.
2. Grant of License
Subject to the terms and conditions of this License, Entrust grants to You a non-exclusive, royalty-free, terminable, non-transferable license to use one (1) copy of the Software on a wireless handheld device for authentication purposes only. Entrust IdentityGuard Server software is not included with the Software and a User CAL for such server software may allow for multi-factor of authentication challenges and/or to receive multi-factors of authentication information for one (1) individual. All copies shall include all trademarks, copyright notices, restricted rights legends, proprietary markings and the like, exactly as they appear on the copy of the Software originally provided to You. Binary, bytecode or source code versions of certain third-party software may be embedded in or delivered with the Software ("Ancillary Software"). If a separate license agreement pertaining to an item of Ancillary Software is: delivered to You with the Software; included in the download package for the Software; referenced in any material that is included in the download package for the Software; or listed at or referred to in the file for the Software that is located in the directory at www.entrust.com/mobile/info, then such separate license agreement shall govern Your use of that item or version of the Ancillary Software. Your right to use the Ancillary Software shall be limited to the use necessary to operate the Software as permitted by this License. Subject to any third party licenses for the Ancillary Licenses, any third party software included with the Software may only be used with the Software. No other rights in the Software or Ancillary Software are granted to You. Notwithstanding the foregoing, in the case of Ancillary Software that is licensed pursuant to open source licenses that prohibit the imposition of any restrictions on use beyond those contained in such open source licenses, the restrictions on use contained in this License shall not be applicable to such Ancillary Software. No other rights in the Software are granted to You. You may not use the Software in contravention of any other agreement to which You are subject, such as any terms of service with Your network provider. If You configure Your device to receive push notifications, You consent to receive such notifications. This Agreement is concluded between You and Entrust and no other third party, including the manufacturer of Your device, is a party to this Agreement.
3. Device Specific Provisions
Different versions of the Software is available for different platforms and mobile devices from one or more third party providers ("Third Party Provider"). If you downloaded the Software through the Blackberry App World, You may only use the Software on a Blackberry proprietary handheld software platform operating on a wireless handheld device for which You must be licensed If you download this software through the Windows Phone Store account, You may download the Software on up to five (5) Windows Phone devices. No third party is responsible for any support services for the software including without limitation Microsoft or any device manufacturer. If You acquired this Product through the App Store, then (i) if the App Store Terms of Service (which You acknowledge You have had the opportunity to review) provide greater usage rights than the terms of this Agreement, then to the extent of any such inconsistency the App Store Terms of Service will govern; (ii) You may only use the Software on an Apple branded product; (iii) no other third party, including without limitation the Third Party Providers are responsible to You for any type of maintenance or support of the Software; (iv) You agree that You will contact Entrust and will not contact any third party, including without limitation the Third Party Providers, for any warranty or other types of claims (including without limitation product liability claims, claims that the Software fails to conform to any applicable legal or regulator requirement, claims arising under consumer protection or other similar legislation, and clams that the Software infringes any third party intellectual property rights).
You may not install or use a copy of the Software on a wireless handheld device that you do not own or control. You shall not reverse engineer, disassemble, reverse translate, decompile or in any other manner decode the Software except to the extent that the foregoing restriction is expressly prohibited by applicable law notwithstanding a contractual obligation to the contrary. You shall not use the Software to develop any product that is competitive to the Software. You shall not distribute, lease, rent, grant a security interest in, assign, or otherwise transfer the Software. You shall not modify or create any derivatives of the Software or merge all or any part of the Software with another program. You acknowledge that the Software contains confidential information and know-how and You shall not use such confidential information or know-how except to the extent necessary to exercise the rights granted to You under Section 2 of this License. You further agree not to disclose, transfer or otherwise provide to any third party any portion of the Software or confidential information or know-how, except as explicitly permitted herein. Some versions of the Software that have been designated as localized or country-specific may nonetheless contain certain components and/or interfaces that are in the English language only. Notwithstanding that this Software may contain inconsistent naming or branding, the name of Software in which this License is embedded, which accompanies this License, or that can be accessed after acceptance of this License, shall be the name first set forth above in this License.
5. Personal Information and Privacy
The Software does not collect, use, or disclose to any third party, user or device data without Your prior consent.
6. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND. WITHOUT LIMITATION, ENTRUST AND ITS AFFILIATES, LICENSORS, SUBCONTRACTORS AND DISTRIBUTORS (INCLUDING WITHOUT LIMITATION MOBILE DEVICE MANUFACTURERS, CHANNEL PARTNERS AND SERVICE PROVIDERS) DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THIS LICENSE, THE ENTIRE RISK OF THE USE OF THE SOFTWARE SHALL BE BORNE BY YOU.
7. LIMITATION OF LIABILITY
NEITHER ENTRUST NOR ANY OF ITS AFFILIATES, LICENSORS, SUBCONTRACTORS OR DISTRIBUTORS (INCLUDING WITHOUT LIMITATION MOBILE DEVICE MANUFACTURERS, CHANNEL PARTNERS AND SERVICE PROVIDERS) SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS LICENSE, RELATED TO THE SOFTWARE, OR RELATED TO ANY SERVICES PROVIDED TO YOU BY ENTRUST (INCLUDING ITS AFFILIATES, LICENSORS, SUBCONTRACTORS AND DISTRIBUTORS (INCLUDING WITHOUT LIMITATION MOBILE DEVICE MANUFACTURERS, CHANNEL PARTNERS AND SERVICE PROVIDERS)) IN RELATION TO THE SOFTWARE FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF ENTRUST (INCLUDING ITS AFFILIATES, LICENSORS, SUBCONTRACTORS AND DISTRIBUTORS (INCLUDING WITHOUT LIMITATION MOBILE DEVICE MANUFACTURERS, CHANNEL PARTNERS, AND SERVICE PROVIDERS)) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. ENTRUST (INCLUDING ITS AFFILIATES, LICENSORS, SUBCONTRACTORS AND DISTRIBUTORS (INCLUDING WITHOUT LIMITATION MOBILE DEVICE MANUFACTURERS, CHANNEL PARTNERS AND SERVICE PROVIDERS)) SHALL NOT BE RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ENTRUST (INCLUDING ITS AFFILIATES, LICENSORS, SUBCONTRACTORS AND DISTRIBUTORS (INCLUDING WITHOUT LIMITATION MOBILE DEVICE MANUFACTURERS, CHANNEL PARTNERS, AND SERVICE PROVIDERS)) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS LICENSE, RELATED TO THE SOFTWARE, OR RELATED TO ANY SERVICES PROVIDED TO YOU BY ENTRUST (INCLUDING ITS AFFILIATES, LICENSORS, SUBCONRACTORS AND DISTRIBUTORS (INCLUDING WITHOUT LIMITATION MOBILE DEVICE MANUFACTURERS, CHANNEL PARTNERS AND SERVICE PROVIDERS)) IN RELATION TO THE SOFTWARE, EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.
THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS LICENSE. YOU ACKNOWLEDGE THAT, BUT FOR THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY, NEITHER ENTRUST NOR ANY OF ITS LICENSORS WOULD GRANT THE RIGHTS GRANTED IN THIS LICENSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET ABOVE IN SECTION 6 MAY NOT APPLY TO YOU.
Subject to the terms of this Agreement. this License shall continue for as long as You use the Software, however, it will terminate, without notice from Entrust, if You fail to comply with any of its terms or conditions. You must, upon termination, destroy all copies of the Software. You may terminate this License by destroying all copies of the Software under Your control and notifying Entrust of such destruction. In addition to this Section, the Sections entitled Definitions, Disclaimer of Warranties, Limitation of Liability, Title, High-Risk Activities, Third-Party Beneficiaries, and Miscellaneous shall continue in force even after any termination of this License.
All right, title, and interest (including all intellectual property rights) in, to, and under the Software (including all copies thereof) shall remain with Entrust and its licensors.
10. High-Risk Activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use in or in conjunction with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, or direct life support machines. Entrust, its Affiliates, licensors, suppliers, subcontractors and distributors (including without limitation mobile device manufacturers, channel partners, and service providers) specifically disclaim any express or implied representations, warranties or conditions for such uses.
11. U.S. Government End-Users
The Software is a "commercial item" as that term is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined in FAR 12.212, and is provided to the U.S. Government only as a commercial end item. Government end users acquire the rights set out in this License for the Software consistent with: (i) for acquisition by or on behalf of civilian agencies, the terms set forth in FAR. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, the terms set forth in DFARS 227.7202. Use of this Software and related documentation is further restricted by the terms and conditions of this License.
12. Export Restrictions
The Software and related information are subject to export and import restrictions. By downloading, installing, or using the Software, You are representing and warranting that You are not located in, under the control of, or are a national or resident of any country to which the export of the Software or related information would be prohibited by the laws or regulations of the United States or Canada. This includes a representation and warranty from You that (i) You are not located in a country that is subject to any U.S. Government or Canadian Government embargo, or have designated by either such governments as a "terrorist supporting" country, and (ii) You are not listed by either such governments list of prohibited or restricted parties. You are also representing and warranting that you are not an individual to whom the export of the Software or related information would be prohibited by the laws or regulations of the United States or Canada. You shall comply with the export laws and regulations of the United States and Canada that are applicable to the Software and related information and You shall comply with any local laws and regulations in Your jurisdiction that may impact Your right to export, import, or use the Software or related information, and You represent and warrant that You have complied with any such applicable laws or regulations. The Software shall not be used for any purposes prohibited by export laws or regulations, including, without limitation, nuclear, chemical, or biological weapons proliferation. You shall be responsible for procuring all required permissions for any subsequent export, import, or use of the Software or related information.
13. Intellectual Property
Entrust is a trademark or a registered trademark of Entrust, Inc. in certain countries. Entrust is a registered trademark of Entrust Limited in Canada. All Entrust product names and logos are trademarks or registered trademarks of Entrust, Inc. or Entrust Limited in certain countries. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. The Software is covered by the following U.S. Patents: 5,712,627, 6,952,771 and other patents pending.
14. Third-Party Beneficiaries
You are notified that there may be third-party beneficiaries to this License. Such beneficiaries include Entrust's licensors, Third Party Providers, subcontractors, and distributors (including without limitation mobile device manufacturers and their affiliates, channel partners, and service providers). Such third-party may enforce this Agreement against You in addition to being enforceable by Entrust.
This License is the entire agreement between You and Entrust in respect to the Software, superseding any other agreements or discussions, oral or written, and may not be changed except by a written license agreement with Entrust or a distributor of Entrust. If are using the Entrust Mobile Transaction Verification Service in connection with the Software, then such service is governed by the terms at www.entrust.com/mobile/info/MobileTransactionVerificationServiceClient.pdf rather than this License. The terms and conditions of this License shall prevail over any quotes, orders, purchase orders, acknowledgements, or other communications between the parties in relation to the Software and the Software shall be deemed to be delivered pursuant to the terms and conditions of this License unless You have executed a written license agreement with Entrust or a distributor of Entrust, in which case, the Software shall be deemed to have been delivered pursuant to the terms and conditions of such written license agreement. You may not assign this License whether voluntarily, by operation of law, or otherwise without Entrust's prior written consent. Entrust may assign this License at any time without notice. The failure of a party to claim a breach of any term of this License shall not constitute a waiver of such breach or the right of such party to enforce any subsequent breach of such term. If any provision of this License is held to be unenforceable or illegal, such decision shall not affect the validity or enforceability of such provisions under other circumstances or the remaining provisions of this License and such remaining provisions shall be reformed only to the extent necessary to make them enforceable under such circumstances. If You obtained the Software in the United States, this License shall be governed by the laws of the State of New York. If You obtained the Software outside of the United States, this License shall be governed by the laws of the Province of Ontario, Canada. In either case, should you have complaints or claims with respect to the Software please contact Entrust Limited, 1000 Innovation Drive, Ottawa, Ontario K2K 3E7 attn: Legal, or [email protected], or by telephone to (613) 270-3411. No choice of laws rules of any jurisdiction shall apply to this License. The parties waive any right to a jury trial with respect to any action brought in connection with this License. The application of the United Nations Convention on Contracts for the International Sale of Goods to this License is expressly excluded. The Uniform Computer Information Act does not apply to this License.
July 21, 2014