This EULA contains a Dispute Resolution and Arbitration Provision (as set forth below, “Provision”), including a Class Action Waiver that affects your rights under this EULA, with respect to “Disputes” (as defined below) you may have with IDSafeXpress. You may opt out of the binding individual arbitration and class action waiver as provided below.
The “Services” may include without limitation: all software used for the Services, including all files, disk(s), CD-ROM(s), DVDs, or other media that may relate to the Services, third-party computer information or software that IDSafeXpress has licensed for inclusion in the Services, written materials or files relating to the Services (“Documentation”), upgrades, updates and modified versions of the Services, if any (collectively, “Updates”).
INSTALLATION, ACTIVATION AND SUBSCRIPTION.
Unless otherwise expressly authorized, Licensee may only install and/or use the Services on the exact number of Devices permitted under Licensee’s subscription. To determine how many user/Device licenses you have purchased, Licensee should check the software packaging (if any) or Licensee’s order receipt or subscription. If you desire additional user/Device licenses for the Services, you may purchase them on the user portal at our website for the prices designated on such website. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Services. The Services contain technological measures that are designed to prevent its unlicensed or illegal use. The Services may contain enforcement technology that limits Licensee’s ability to install and uninstall it no more than a finite number of times, and for a finite number of Devices, to ensure that you comply with the terms of this EULA and do not exceed the maximum number of user/Device licenses you have purchased.
The Services may require activation as explained during installation and in any Documentation. Such activation may require that you submit a serial number and register an account with us. (Note that if you are installing a trial version of the Services, you may not need a serial number to activate it, but we may limit the length of time for which you may use the Services and/or the scope of the Services functionality.) If activation is required and not completed within the finite period of time set forth in any Documentation and/or explained during installation, then the Services will cease to function until activation has been completed, at which time functionality will be restored. If Licensee has any problem with the activation process, Licensee should contact IDSafeXpress Service Desk.
Licensee must obtain a subscription from IDSafeXpress in order to access and use the Services. Please consult your account or order receipt to determine your subscription.
If at any time the subscription to the Services becomes inactive, we reserve the right to limit or prohibit all use of the Services.
Licensee is solely responsible for all content on Licensee’s computer(s) and Licensee’s use and disclosure of all information regarding your account, log-in details and passwords, and any transmissions made when using the Services. Licensee’s use of the Services is subject to and you agree to comply with all of the terms set forth in this EULA and all applicable laws, rules and regulations. IDSafeXpress reserves the right to disable Licensee’s account or take any other action that IDSafeXpress in its sole discretion deems necessary or appropriate in the event that IDSafeXpress has reason to believe that Licensee’s conduct while using any of the Services has violated the terms of this EULA.
The Services require an internet connection to be available at all times or the Services may cease to function properly.
Licensee may only make one copy of any software delivered in connection with the Services for backup or archival purposes only, except that the Documentation may not be duplicated.
Licensee may not sell, assign, sublicense, rent, lease, lend or otherwise transfer the Services or the license granted by this EULA without prior written consent of IDSafeXpress.
The License granted by this EULA is non-exclusive. Licensee may not use the Services except as expressly permitted by this License.
(1) Licensee may not modify, alter, adapt or translate all or any portion of the Services;
(2) Licensee may not create any derivative works from all or any portion of the Services;
(3) Licensee may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services;
(4) Licensee may not use a previous version of the Services after receiving a media replacement or upgraded version as a replacement to a prior version (in such case you must destroy the prior version);
(5) Licensee may not use the Services in the operation of aircraft, ship, nuclear facilities, life-support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage;
(6) Licensee may not remove or obscure IDSafeXpress copyright or trademark notices, or the copyright and trademark notices of third parties that IDSafeXpress has included in the Services;
(7) Licensee may not use the Services to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement;
(8) Licensee may not to use the Services to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, Trojan horse, worm or other harmful or destructive component;
(9) Licensee may not delete from the Services or Documentation any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices;
(10) Licensee may not use the Services to interfere with or disrupt any networks;
(11) Licensee shall not use the Services (including any device manager or dashboard application contained in such Services) to access or use another user’s computer or device without such user’s express consent, with the intention of causing any damage or harm to such computer or device or its user, or for any other purpose unless permitted by this EULA or the Documentation for such Services;
(12) Licensee may not use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(13) Licensee may not use the Services to distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature; and
(14) Licensee may not use the Services in any manner not authorized by this EULA.
Any Update provided to Licensee is made on a license-exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of any software related to Services. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, IDSafeXpress may cease support for prior versions, without any notice to Licensee.
IDSafeXpress may provide Updates to the content of its Services from time to time, including but not limited to, virus definitions, URL lists, rules, and updated vulnerability data. These types of Updates are collectively referred to as “Content Updates.” IDSafeXpress may, at its discretion and without notice, add, modify or remove features, including Content Updates, from the Services at any time.
Unless otherwise expressly agreed by IDSafeXpress, IDSafeXpress is not obligated by this EULA to provide Licensee with any technical support services relating to the Services; however, Licensee may order support services for an additional charge (or as otherwise expressly provided for in the Terms of Service or this EULA) as IDSafeXpress may offer from time to time.
DISPUTE RESOLUTION AND ARBITRATION.
This provision facilitates the prompt and efficient resolution of any Disputes that may arise between you and IDSafeXpress. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your Disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and IDSafeXpress (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purpose of this Provision, “IDSafeXpress” means IDSafeXpress and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and IDSafeXpress regarding any aspect of your relationship with IDSafeXpress, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give IDSafeXpress an opportunity to resolve the Dispute. You must commence this process by mailing written notification to IDSafeXpress 1/1 Tilak Nagar, New Delhi, India, Zip Code: 110018 That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. Alternatively, you can also send this to (firstname.lastname@example.org. If IDSafeXpress does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or IDSafeXpress may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to IDSafeXpress, 1/1 Tilak Nagar, New Delhi, India, Zip Code: 110018. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with IDSafeXpress through arbitration. Alternatively, you can also send this to email@example.com. Your decision to opt-out of this Provision will have no adverse effect on your relationship with IDSafeXpress. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or IDSafeXpress may initiate arbitration proceedings. ICADR, http://icadr.nic.in/ will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
The ICADR Comprehensive Arbitration Rules & Procedures and the ICADR Recommended Arbitration Discovery Protocols For Commercial Cases will apply. The JAMS rules are available at <http://icadr.nic.in/>. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or IDSafeXpress may initiate arbitration in either (New Delhi, India) or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, IDSafeXpress may transfer the arbitration to (New Delhi, India) in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs. IDSafeXpress will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with IDSafeXpress as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and IDSafeXpress specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into this agreement you and IDSafeXpress are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and IDSafeXpress might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Review by Arbitrator. Any dispute regarding this Provision, including the enforceability of this Provision or the arbitrability of any Dispute as provided in this Provision, shall be for the arbitrator.
Continuation. This Provision shall survive the termination of your use of the Services and any related IDSafeXpress websites or services.
LIMITED WARRANTY ON MEDIA.
IDSafeXpress warrants that the media on which the Services is distributed (if any) will be free from material defects for a period of 30 days from the date the Services are is delivered to Licensee. If Licensee discovers a defect in the media during this 30-day period, Licensee may return the defective media to IDSafeXpress, and Licensee’s sole remedy is to have either the defective media replaced, or at IDSafeXpress’s sole option, a refund of the money that Licensee paid for the Services.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. IDSAFEXPRESS HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THE QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATABILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE, SUPPORT, MAINTENANCE OR INFORMATION GIVEN BY IDSAFEXPRESS, IDSAFEXPRESS ‘S REPRESENTATIVES, AUTHORIZED SUPPORTERS OR OTHER USERS SHALL CREATE A WARRANTY. THE FOREGOING DISCLAIMERS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY IDSAFEXPRESS AND/OR ANY OTHER USERS.
Limitation of Liability. IDSAFEXPRESS SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL IDSAFEXPRESS BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT IDSafeXpress HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IDSafeXpress SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY. IN ANY EVENT, IDSAFEXPRESS ‘S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IS YOUR RIGHT TO CANCEL YOUR ACCOUNT AND/OR SUBSCRIPTION. IN NO EVENT SHALL IDSAFEXPRESS ‘S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO IDSAFEXPRESS FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, IDSAFEXPRESS ‘S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY IDSAFEXPRESS AND/OR ANY OTHER USERS.
ADDITIONAL TERMS FOR BETA SOFTWARE.
If the Services that you use are pre-commercial release or “BETA” software (“Pre-release Services”), then, to the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Services, but only to the extent necessary to resolve the conflict.
Licensee acknowledges that the Pre-release Services do not represent the final product from IDSafeXpress, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, IDSafeXpress disclaims any warranty or liability obligations to Licensee of any kind whatsoever.
Licensee acknowledges that IDSafeXpress has not promised or guaranteed to Licensee that the Pre-release Services will be announced or made available to anyone in the future, and that IDSafeXpress has no express or implied obligation to Licensee to announce or introduce the Pre-release Services. IDSafeXpress may decide not to introduce a product similar to, or compatible with, the Pre-release Services. Accordingly, Licensee acknowledges that any research or development that Licensee performs regarding the Pre-release Services, or any product associated with the Pre-release Services, is done entirely at Licensee’s own risk.
During the term of this EULA, if requested by IDSafeXpress, Licensee will provide feedback to IDSafeXpress regarding testing and use of the Pre-release Services, including error or bug reports.
If Licensee has been provided the Pre-release Services pursuant to a separate written agreement, then Licensee’s use of the Pre-release Services is also governed by that agreement.
Without limiting any of the above provisions, if within 60 days of the purchase from IDSafeXpress of any software for the Services or a subscription for the Services, you are not completely satisfied with the Services, return any software you may have purchased for the Services directly to IDSafeXpress or cancel your subscription (as provided for on the website for the Services) for your money back. To receive a full refund from IDSafeXpress if you have purchased software, you must contact firstname.lastname@example.org and please provide your first and last name, address (including street, city, state and zip code), phone number, email address and a brief explanation as to why you are returning the product. Return requests missing any of the aforementioned materials will be destroyed. Shipping and/or handling charges for returned product will not be refunded by IDSafeXpress. Sales tax charged by retailer will not be refunded by IDSafeXpress. Sales tax charged for the Services purchased at www.idsafexpress.com/download is fully refundable. Refunds will not be given to accounts that have been canceled or suspended because of your breach of this Agreement.
Licensee shall not ship, transfer, or export the Services or any software therefor into any country or use the Services in any manner prohibited by the Country to which the product is registered in the first place. If the Services or any software therefor is identified as export controlled items under the Export Laws of the native country, Licensee represents and warrants that Licensee, and Licensee’s employees who will use the Services and/or software therefor are not a citizen, or otherwise located within, an nation embargoed by the native country, and that Licensee, and Licensee’s employees who will use the Services and the software therefor, are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Services and the software therefor are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws of the native country.
GOVERNING LAW, VENUE AND JURISDICTION.
This EULA is subject to, and will be governed by and construed in accordance with the substantive laws in force of the State (New Delhi, India). Except as provided in the “Dispute Resolution and Arbitration” Provision, any action arising under, relating to or connected with this EULA or the use of the Services will be filed only in an appropriate court located in (New Delhi, India) and the parties irrevocably consent and submit to the exclusive personal jurisdiction of such courts for such purposes. This EULA will not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
INTELLECTUAL PROPERTY OWNERSHIP.
The Services and any authorized copies of software that Licensee may make are the intellectual property of, and are owned by, IDSafeXpress, and by third parties whose intellectual property has been licensed by IDSafeXpress. The structure, organization, and code of the Services are the valuable trade secrets and confidential information of IDSafeXpress and such third parties. The Services are protected by law, including without limitation, the copyright laws of India and other countries, and by international treaty provisions. Licensee is not granted any intellectual property ownership rights in the Services.
RESERVATION OF RIGHTS.
IDSafeXpress reserves all rights not expressly granted to Licensee by this EULA. The license rights granted to Licensee are limited to IDSafeXpress intellectual property rights, and to the intellectual property rights of third parties licensed by IDSafeXpress. All rights are reserved under the copyright laws of India. IDSafeXpress 1/1 Tilak Nagar, Delhi, India, Zip Code: 110018.
RELATIONSHIP OF PARTIES AND BINDING AGREEMENT.
No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party. You may not assign your rights or delegate any of your duties under this Agreement, and any attempted assignment or delegation will be void. This Agreement is binding upon the parties hereto and their successors, permitted assigns, heirs, executors and administrators (as applicable).
COMPLETE AGREEMENT and BINDING EFFECT.
This Agreement constitutes the entire agreement between the Licensee and IDSafeXpress relating to the Services, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating the Services. This Agreement is binding on and made for the benefit of the parties and their successors and permitted assigns.
This Agreement may only be modified, supplemented or amended by a writing signed by an authorized officer of IDSafeXpress.
Except as provided in the “Dispute Resolution and Arbitration” Provision, if any provision of this Agreement is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
No failure or delay by IDSafeXpress in exercising its rights or remedies under this Agreement or otherwise shall operate as a waiver unless made by IDSafeXpress’s specific written notice. No single or partial exercise of any right or remedy of IDSafeXpress shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
Without limitation of its other rights and limitations and exclusions of damages, IDSafeXpress will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of government, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes or other labor-related activity.
U.S. GOVERNMENT USERS.
The Services and its Documentation qualify as “commercial items,” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R.12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, IDSafeXpress will provide to the Government end user, the Services and its Documentation with only those rights set forth herein that apply to non-governmental customers. Use of the Services and its Documentation constitutes agreement by the Government entity that the Services and its Documentation are commercial, and constitutes acceptance of the rights and restrictions herein. The Services Contractor/Manufacturer is IDSafeXpress or its applicable licensors.
U.S GOVERNMENT RESTRICTED RIGHTS
This Software and Documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, and subject to certain restricted rights as identified in FAR Section 52.227-19 “Commercial Computer Software – Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, or any successor U.S. regulations. Any use, modification, reproduction, release, performance, display or disclosure of the Software by the U.S. Government shall be done solely in accordance with this Agreement.
If Licensee breaches this EULA, and fails to cure any breach within 30 calendar days after request from IDSafeXpress, or IDSafeXpress’s authorized representative, IDSafeXpress may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to IDSafeXpress all copies of the software for the Services that it may have, or verify in writing that all such copies have been destroyed. We may monitor use of the Services from time to time to ensure compliance with this EULA.