END USER LICENSE AGREEMENT (EULA)
ATTENTION: PLEASE READ THIS DOCUMENT BEFORE INSTALLING THE LICENSED SOFTWARE.
This license agreement with the end user (hereinafter referred to as — Agreement) for the use of the Id-Gate software products provided by «RecFaces» Limited Liability Company, Russia, Moscow (hereinafter the Rightholder), the Id-Gate Software manufacturer and the owner of all rights for this software is a legally binding agreement concluded between the Rightholder and You, the end user.
BY ACCEPTING THE LICENSE AGREEMENT BY CLICKING ON THE CORRESPONIDING BUTTON BELOW, OR BY LOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU READ THIS AGREEMENT, UNDERSTOOD ITS CONTENTS AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF A LICENSE CONTRACT OR SIMILAR DOCUMENT EXISTS, THE CONDITIONS OF USE AS SET OUT IN SUCH CONTRACT PREVAIL OVER THE TERMS OF THE PRESENT LICENSE AGREEMENT.
If you do not agree to any of the following conditions, «RecFaces» Limited Liability Company will not be able to provide You with the license to use the Id-Gate Software; Click the
«I Disagree» or «Cancel» button to exit the installer.
1.1. Software — software, complementary materials, updates, described in the User Manual, the Rightholder of which is «RecFaces» LLC.
1.2. Rightholder (possessor of the exclusive right of software) — «RecFaces» LLC.
1.3. Computer(s) — the operating system, virtual machine or equipment for which the software is designed, on which the software is installed and/or on which the software is used.
1.4. User (you) — an individual who installs and/or uses the software on his own behalf or rightfully owns a copy of the software. If the software was downloaded or purchased on behalf of a legal entity, then the term User (You) hereinafter refers to the legal entity for which the software was downloaded or acquired and who instructed an individual to accept this agreement on his/her behalf.
1.5. Partners — organizations that distribute the software on the basis of an agreement with the Rightholder.
1.6. Update(s) — improvements, fixes, extensions and/or software modifications.
1.7. Software extensions — additional software components and software solutions provided by the Rightholder which expand the software functionality. These can be used both with the software and independently of it, and may require the purchase of a separate license or an extension of a valid license. Software extensions can be provided both free of charge and paid. More detailed information can be found before receiving such extensions.
1.8. User's Manual — accompanying printed and other materials, User's Manual, Administrator's Guide, handbook, help file and similar printed and electronic documents, the Rightholder of which is RecFaces LLC.
1.9. License Certificate — a document transmitted to the User along with an activation code which also contains information about the provided license.
1.11. License key — a set of numeric and alphabetic characters provided to you by the Rightholder, through which the full functionality of the software is enabled on the User's computer device and confirms the purchase of the software.
1.12. Demo version — a software version in which a limitation is imposed on the period of its use and available functionality, and which is intended solely for the purposes of independent familiarization, evaluation and verification by the User of the software's functional capabilities.
1.13. Customer support — the activities carried out by the Rightholder in the limits and volumes established by it to ensure the functionality of the software, including information and consulting support to Users on the use of the software.
The Rightholder reserves the right to periodically update and modify this License Agreement and all documents included in it through links. You can always find the latest version of this License Agreement at www.recfaces.com. The Rightholder may make changes to this License Agreement by creating a new one without prior notice. Using the Id-Gate Software after making such changes means accepting them.
2. Licensed use and restrictions
2.1. The Id-Gate software and all other software of the Rightholder, the documentation and files on the local computer installed or used by the User (hereinafter referred to as the “Id-Gate Software”) belong to the Rightholder or to the licensors and providers of content and data of the Rightholder and are provided to you under license throughout the world (unless otherwise defined in this License Agreement) on a non-exclusive basis without the right to sub-license under the conditions set forth in this document. This License Agreement governs the legitimate use of the Id-Gate Software, all updates, new versions, replacements, and any copies of the Id-Gate Software made by you or for you. All rights not expressly granted to you are reserved by the Rightholder or their respective owners.
2.2. The Id-Gate software is protected by copyright, trademarks, service marks, international treaties and/or other property rights and laws of the Russian Federation and other countries. You agree to comply with all applicable property rights and other laws, as well as any additional agreements on copyright or its restriction contained in this License Agreement. This License Agreement does not grant you any property rights to any intellectual property owned or licensed by the Rightholder, including, without limitation, the Id-Gate Rightholder's trademarks. It also does not create relations between you and the licensors of the Rightholder, or between you and the Rightholder, which are not relations between the Rightholder and the licensee.
2.3. You agree to use the Id-Gate Software and any data that is accessed through the Id-Gate Software for personal use only or for the service needs specified in clauses 3.1., 3.2. of this License Agreement. Your license to use the Id-Gate Software, its components and any information from third parties will be terminated in case of violation of these restrictions. In the case you are deprived of your license, you agree to cease any use of the Id-Gate Software, its components and any information belonging to third parties. All rights to information from third parties, any software that is owned by third parties and any third party data servers, including all property rights, are saved and remain with the corresponding third parties. You also agree that these third parties may exercise their rights under this Agreement against you directly on their own behalf.
3. Your rights
YOU HAVE THE RIGHT TO:
3.1. use Id-Gate only in the fixed number of licenses reflected in the License Certificate for the transferred Software. The volume of the database of biometric profiles and the number of connected sources for obtaining biometric data are strictly regulated in the License Certificate. The license allows you to use Id-Gate for private and/or business purposes, however, taking into account the fact that only You can use this license.
3.2. install and personally use the Id-Gate Software and any updates provided by the Rightholder (at his discretion) in the form of an object code on a personal computer or other device owned or controlled by You. You can also use the Id-Gate Software for your own needs. You are authorized to use any new versions provided by the Rightholder throughout the duration of the license. The Rightholder does not undertake responsibility to inform you of the availability of such software updates. You may terminate the License Agreement by discontinuing the use of all or any part of the Id-Gate Software and destroying all your copies of the corresponding Id-Gate Software. This License Agreement is terminated automatically if You violate any of its conditions. The Rightholder publicly posts a written notice of termination of the Agreement on the Rightholder's website, or the Rightholder sends you a written notice of termination of the Agreement.
YOU DO NOT HAVE THE RIGHT TO:
3.3. decompile, separate the program into composite codes, disassemble, modify, adapt (make changes to the software targeting its functionality on the User devices) through non-standard means provided by the Rightholder, correct errors or translate the software, including making changes to the source code, rent, lease, distribute or create derivative works or enhancements to the Id-Gate Software or any of its parts. Based on this License Agreement, You cannot embed the Id-Gate Software into any computer chip or software of a computing device, made by or for You. More information about these conditions can be obtained by contacting email@example.com.
3.4. use the Id-Gate Software for implementation in any application that creates a threat to human life or property. You understand that the Id-Gate Software is not intended for such purposes and its use for those may result in death, personal injury or serious harm to property or the environment for which the Rightholder is not responsible.
THE Id-Gate SOFTWARE HAS NOT BEEN DEVELOPED, NOR INTENDED, NOR ALLOWED FOR USE IN HAZARDOUS CONDITIONS WHICH REQUIRE AN ABSOLUTELY RELIABLE MANAGEMENT SYSTEM. SUCH CONDITIONS INCLUDE, WITHOUT LIMITATION, DEVELOPMENT, CONSTRUCTION, TECHNICAL SERVICE OR EXPLOTATION OF CORE OBJECTS, CONTROL OVER PLANES OR COMMUNICATION SYSTEMS, AS WELL AS AIR TRAFIC CONTROL, LIFE SUPPORT, ARMAMENT SYSTEMS. THE RIGHTHOLDER DIRECTLY REFUSES TO GUARANTEE ANY SUITABILITY OF ITS PRODUCT FOR SUCH OBJECTIVES.
3.5. transfer the right to use the Software to third parties, including selling, leasing, renting or temporary use, loaning, distributing, transferring or sub-licensing Id-Gate Software or access to it, as well as making profit from using or providing the Password for directly obtaining commercial, monetary or other benefits without the prior written consent of the Rightholder.
3.6. use Id-Gate under a false name or for the purpose of deception and/or misrepresentation.
3.7. use the Id-Gate Software in a manner that violates this Agreement, the laws of the Russian Federation or Your jurisdiction. In particular, you may not use the Id-Gate Software for the purpose of carrying out or abetting any illegal activity. This includes downloading malicious data or data whose content may be used to carry out any illegal activity or in any way violate the law or the rights of third parties (including any intellectual property rights).
3.8. transfer and provide access to the serial number of the product to third parties in violation of the provisions of this License Agreement. The serial number of the product is confidential information. Keep the serial number of the product in a safe place until the license expires.
3.9. The purchased software is provided to you in full, it should not be divided into some parts for the purpose of transferring it to third parties for commercial gain.
3.10. use the software to create data or code intended for detecting, blocking or dealing with threats described in the User Manual.
3.11. divide the Software. It is forbidden to use the Software modules separately.
3.12. transfer the backup copy to third parties under any circumstances. Creating a backup copy is possible only with the prior written consent of the Rightholder.
3.13. transfer, sell and otherwise provide the serial number of the product and/or the License Key or its copy to third parties in violation of the provisions of the Agreement. The violation of this provision will result in infringement of copyright. The Rightholder reserves the right to claim damages incurred in connection with You transferring the License Key or the registration code contained in it. This requirement also applies to all costs and expenses incurred by the Rightholder when protecting its rights.
3.14. create conditions for the use of the Software by persons who do not have the right to use this Software, including but not limited to: interference of third parties in the functioning of the Software, providing third parties with access to research or change software settings, including its initial installation and installation of updates.
3.15. reverse engineer the Software (Software research, as well as Software documentation to understand its principles of operation) in order to modify the Software or create Software with a similar functionality.
4. License payment
4.1. There are no additional fees for using the license, with the exception of the published subscription fee or the license purchase cost and updates associated with the use of the legally purchased version of the Id-Gate Software. The Rightholder reserves the right to charge for the subsequent use or access to the Id-Gate Software, as well as for the services and use of the Rightholder’s web pages (hereinafter referred to as “Id-Gate Services”) at the Rightholder's discretion. If the Rightholder decides to charge for the Id-Gate Services, you will be informed of such a fee before it becomes legally binding.
4.2. All the rights to upgrades, improvements and corrections related to the Id-Gate Software belong to the Rightholder, even if they were developed on the basis of feedback, ideas and suggestions emanating from You in any form. You may not rely on any compensation, including royalties for such improvements.
5. Software support and updates
5.1. The Rightholder may decide to provide you with customer support and/or updates, extensions or modifications to the Id-Gate Software (hereinafter referred to as “Support”) at its sole discretion, and may also terminate such Support at any time without prior notice. The Rightholder may change, suspend or interrupt any aspect of the Id-Gate Software at any time, including the availability of any Id-Gate Software functionality, database or content. The Rightholder may also restrict certain functions and services or restrict Your access to individual parts of the Id-Gate Software or the Software as a whole, as well as to the Rightholder’s web page without notice or any obligation.
6. Software Demo
6.1. The user has the right to use the Demo version of the software for an established limited period of time and without paying remuneration (free of charge).
6.2. Installing the Demo version means acceptance by the User of all the terms of this Agreement. After the expiration of the established period of use of the Demo version, the User is obliged to stop using it, or to enter into an Agreement or otherwise continue the legitimate use of the license.
6.3. The Rightholder is not responsible for the safety of the data entered by the User while on the Demo version, if after the specified period of use of the Demo version, the User does not start a lawful use of the Program.
7.1. FOR THE EXCLUSION OF THE LIMITED WARRANTY ESTABLISHED IN THIS ITEM, THE SOFTWARE IS DELIVERED «AS IT IS». THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTIES AS TO ITS USE OR PERFORMANCE, EXCEPT FOR ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR REGULATIONS THE EXTENT TO WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR PROVISIONS (EXPRESSED IN CLEAR OR IN IMPLIED FORM) FOR EVERYTHING, INCLUDING WITHOUT LIMITATIONS, VIOLATIONS OF THIRD PARTIES, COMMERCIAL QUALITY, INTEGRATION OR SUITABILITY FOR CERTAIN GOALS. YOU AGREE THAT YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE THE DESIRED RESULTS, FOR THE INSTALLATION AND USE OF THE SOFTWARE OR FOR THE RESULTS OBTAINED FROM ITS USE.
7.2 The Rightholder does not guarantee the proper performance of the Software in conjunction with software and equipment from other manufacturers.
7.3. The Rightholder does not give any guarantees regarding other programs that may be included in the Software, the exclusive rights to which belong to third parties.
7.4. The responsibility of the Rightholder for any damage or property loss incurred by the User and/or any third parties in connection with the execution by the Parties of this Agreement will in any case be limited to the amount of money paid by the User for providing the software.
8. Limitation of liability
8.1. You agree to compensate for any damages arising and following from Your use of the Id-Gate Software and the information contained in it or created by the Software, as well as arising from the interaction (or inability to interact properly) with any other hardware or software presented by the Rightholder or a third party.
8.2. TO THE MAXIMUM EXTENT PERMITTED BY RUSSIAN LAW, THE RIGHTHOLDER, UNDER NO CIRCUMSTANCES, SHALL BE LIABLE FOR ANY LOSSES AND/OR DAMAGES (INCLUDING LOSSES FOR SMALLER BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PEROPERTY DAMAGE) ARISING IN CONNECTION WITH THE USE OR IMPOSSIBILITY TO BE USED EVEN IF THE RIGHTHOLDER WAS NOTIFIED OF THE POSSIBLE APPEARANCE OF SUCH LOSSES AND/OR DAMAGES. IN ANY CASE, THE RESPONSIBILITY OF THE RIGHTHOLDER UNDER ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT IS LIMITED TO THE AMOUNT, PAYED BY YOU FOR THE SOFTWARE. THESE LIMITATIONS MAY NOT BE EXCLUDED OR RESTRICTED UNDER THE APPLICABLE LAW.
9. Intellectual property rights
9.1. You agree that the Software, the documentation, like all other objects subject to copyright, as well as the systems, ideas and methods of work, other information contained in the Software, trademarks are objects of intellectual property of the Rightholder or its Partners. This License Agreement does not give you any rights to use the intellectual property, including trademarks and service marks of the Rightholder or its Partners, except for the rights granted by this License Agreement.
9.2. You agree that you will not modify or change the Software in any way. You may not remove or modify any copyright notices or other proprietary notices on any copy of the Software.
9.3. For infringement of intellectual rights to the Software, the violator bears a civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.
10. Applicable law
10.1. This License Agreement is governed by the laws of the Russian Federation.
10.2. If any provision of this License Agreement is deemed to be canceled, invalid, unenforceable or illegal, the remaining provisions of this License Agreement remain in full force and effect. In the event of a conflict between the terms of this agreement and the terms of any license agreement for a software product concluded between You and the Partners or the Rightholder, the terms of such licensing agreement prevail, for everything else the terms of this agreement will apply.
10.3. All disputes and controversies arising in connection with the execution and (or) interpretation of this Agreement are resolved by the Parties through negotiations. If, through negotiations, it is impossible for the Parties to resolve the disputes that have arisen, the dispute shall be settled in the arbitration court at the location of the Rightholder with the obligatory observance of the claim procedure for the settlement of disputes and disagreements.
11. Action, amendment and termination of the Agreement
11.1. The Rightholder is entitled, if the User violates the terms of this Agreement on the use of the Software, including but not limited to the provisions of Section 3 of this Agreement, to terminate this Agreement unilaterally out of court, by notifying the User.
11.2. Upon termination of this Agreement, the User shall stop using the Software completely and destroy all copies of the Software installed on the User’s computers, including backup copies and all the Software components.
11.3. This Agreement applies to all updates provided to the User, unless during the software update it is not proposed to review and accept the new Agreement or additions to the current Agreement.
|Organization name||“RecFaces” LLC|
|Location address||115419, Moscow, 2-nd Roshchinskiy proezd, 8 floor 9, room XIV, 5|
|Actual address||115419, Moscow, 2-nd Roshchinskiy proezd, 8 floor 9, room XIV, 5|
|Phone / Fax||+7 (495) 268 08 93|