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Any use of this website and any content or information contained
herein (the "WEBSITE") shall be governed by the terms of this
End-User License Agreement ("EULA"). Any software and accompanying
documentation you download from this website which is an upgrade
or update to any DigitalPersona software acquired and used by
you under the terms and conditions of its associated enduser license
agreement (the "PRE-EXISTING LICENSE") will be governed by the
terms and conditions of such PRE-EXISTING LICENSE. Any software
and accompanying documentation you download from this website
which is contingent upon a "click-through" license (the "CLICK-THROUGH
LICENSE") shall be governed by the terms and conditions of such
CLICK-THROUGH LICENSE. Use of any other software and accompanying
documentation which, in the absence of an associated PRE-EXISTING
LICENSE or CLICK-THROUGH LICENSE, you either download from this
website or have otherwise previously acquired (the "SOFTWARE PRODUCT")
shall be governed by the terms of this EULA.
By accessing the WEBSITE or downloading a SOFTWARE PRODUCT, you
are bound by such applicable terms and conditions. If you do not
agree to such applicable terms and conditions, you must stop using
the WEBSITE and any SOFTWARE PRODUCT, and destroy any copies thereof
in your possession or control.
1. Permission to Use the WEBSITE. By accessing this WEBSITE,
you agree to follow and be bound by the terms and conditions of
this EULA that apply to the WEBSITE. DigitalPersona may revise
the terms at anytime without notice to you. The WEBSITE is furnished
for informational use only and is subject to change without notice.
Any mention of third-party companies and products is for demonstration
purposes only and constitutes neither an endorsement nor a recommendation.
DigitalPersona assumes no responsibility with regard to the performance
or use of products of any such third-party. The WEBSITE is provided
on an "as-is" and "as-available" basis, DigitalPersona makes every
effort to ensure the accuracy of its documentation and assumes
no responsibility or liability for any errors or inaccuracies
that may appear on this WEBSITE.
2. Grant of License to use the SOFTWARE PRODUCT. This EULA grants
you a personal, nontransferable, and non-exclusive right to use
the SOFTWARE PRODUCT on a single computer system. You may make
one copy of the SOFTWARE PRODUCT for archival and back-up purposes.
Except as expressly provided in an EXISTING LICENSE, you may not
distribute, lend, rent, lease or loan the SOFTWARE PRODUCT. However,
you may transfer the SOFTWARE PRODUCT as a whole on a permanent
basis, provided that you retain no copies of the transferred SOFTWARE
PRODUCT, the transferee agrees in writing to the terms of this
EULA, and you notify DigitalPersona of the transfer within ten
(10) days of such transfer.
3. Reverse Engineering. You may not reverse engineer, de-compile,
or disassemble the SOFTWARE PRODUCT in whole or in part; nor shall
you attempt to recreate the source code from the object code of
the SOFTWARE PRODUCT. Any other activity regarding the form or
substance of the Software will be allowed only to the extent such
activity is expressly permitted by applicable law.
4. Other limitations. You may not modify, translate, adapt or
create derivative works based on the SOFTWARE PRODUCT or the WEBSITE,
nor attempt to disable any protective device incorporated into
the SOFTWARE PRODUCT. Any modification will be deemed a breach
this EULA, and such derivative work will be owned entirely by
DigitalPersona.
5. LIMITED WARRANTY; LIMITATION OF REMEDIES. DigitalPersona warrants
that the SOFTWARE PRODUCT will perform substantially in accordance
with the related documentation and its media, if any, will be
free from defects in material and workmanship for a period of
ninety (90) days from the date of purchase. DigitalPersona does
not warrant that use of the SOFTWARE PRODUCT will be uninterrupted
or error-free. This Limited Warranty is void if failure of the
SOFTWARE PRODUCT has resulted from accident, abuse, misuse, misapplication,
improper modifications or activities intended to circumvent the
security processes incorporated in the SOFTWARE PRODUCT.
6. Remedy. DigitalPersona\'s sole obligation and your exclusive
remedy under the aforesaid warranties shall be, at DigitalPersona\'s
sole option, either (a) replacement of the SOFTWARE PRODUCT that
does not meet the DigitalPersona Limited Warranty and that is
returned to DigitalPersona with a copy of the sale receipt, or,
if DigitalPersona is not able to replace the non-conforming SOFTWARE
PRODUCT with a conforming SOFTWARE PRODUCT, (b) return of the
price paid, if any, for such SOFTWARE PRODUCT. Any replacement
SOFTWARE PRODUCT will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
7. Disclaimer of Warranties. EXCEPT FOR THE FOREGOING LIMITED
WARRANTY, DIGITALPERSONA MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS
ALL WARRANTIES OF QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARDS
TO THE SOFTWARE PRODUCT AND WEBSITE, AS WELL AS ANY PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IF SUCH DISCLAIMER
OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION
OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO 90 DAYS FROM THE
DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW SUCH EXCLUSIONS
OR LIMITATIONS, SO THEY MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS,
WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL DIGITALPERSONA BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, GOODWILL, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, BREACH OF COMPUTER
SECURITY SYSTEMS OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT AND/OR THE WEBSITE,
EVEN IF DIGITALPERSONA HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE SOFTWARE PRODUCT AND WEBSITE ARE PROVIDED "AS
IS", AND DIGITALPERSONA DOES NOT GUARANTEE THAT THE SOFTWARE PRODUCT
OR THE WEBSITE WILL MEET "ANY OR ALL REQUIREMENTS" OF LICENSEE
OR ALL REQUIREMENTS OF THE SOFTWARE OR HARDWARE WITH WHICH IT
INTERACTS. IN ANY CASE, DIGITALPERSONA\'S ENTIRE LIABILITY UNDER
ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE PRODUCT. SOME JURISDICTIONS DO NOT
ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO SUCH EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU. THE ABOVE LIMITATIONS WILL NOT APPLY IN
CASE OF PERSONAL INJURY IN COUNTRIES OTHER THAT U.S.A. AND CANADA
ONLY IF AND TO THE EXTENT THAT SUCH LIMITATIONS ARE EXPRESSLY
PROHIBITED BY APPLICABLE LAW.
9. Copyright. You acknowledge that the WEBSITE, the SOFTWARE
PRODUCT and any related materials, and all associated intellectual
property rights, including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets", as well
as the overall "look and feel", will remain the exclusive property
of DigitalPersona or its suppliers, and you will not acquire any
rights to the SOFTWARE PRODUCT except as expressly set forth above.
10. Severability. In the event of invalidity of any provision
of this Agreement, the parties agree that such invalidity shall
not affect the validity of the remaining portions of this Agreement.
11. Termination. You may terminate this EULA at any time. DigitalPersona
may terminate this EULA if you or others in your organization
fail to comply with the terms and conditions of this EULA. Upon
termination by either party, all rights to use the Software and
Documentation will cease, and you will promptly destroy all copies
of the Software. Your termination of this EULA will not entitle
you to a refund of any portion of the price paid for a SOFTWARE
PRODUCT.
12. Entire Agreement: Governing Law. This License Agreement constitutes
the entire agreement between you and DigitalPersona and supersedes
any other communication or advertising with respect to the SOFTWARE
PRODUCT or the WEBSITE. This Agreement shall be governed by and
construed and enforced in accordance with the laws of the State
of California without reference to conflict of laws principles.
The United Nations Convention on Contracts for the International
Sales of Goods is specifically disclaimed.
13. Export Controls. You agree that you will not directly or
indirectly export the SOFTWARE PRODUCT, the WEBSITE, and any related
technical data in violation of the Export Administration Regulations
of the U.S. Department of Commerce and other applicable laws.
You further agree that you will not export, re-export, divert
or transfer the SOFTWARE PRODUCT or the WEBSITE (a) into, or to
a national or resident of, any country to which the United States
has embargoed goods, (b) or to anyone included on the U.S. Government
List of Specially Designated Nationals, the Table of Denial Orders,
the Entity List, (c) or to anyone involved in the manufacture
and proliferation of weapons in violation of U.S. applicable laws.
By using the SOFTWARE PRODUCT or the WEBSITE, you are representing
and warranting that you are not located in, under the control
of, or a national or resident of any such country or on any such
lists, or involved in any such activities. 14. U.S. Government
Rights. If you are an agency or instrumentality of the United
States Government, the Software and Documentation are "commercial
computer software" and "commercial computer software documentation",
and pursuant to FAR 12.212 or DFARS 227.7202, and their successors,
as applicable, use, reproduction and disclosure of the Software
and Documentation are governed by the terms of this End User License
Agreement.
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