End-User License Agreement
Copyright © Visionics Sweden HB, BVI.Visionics is a trade name of Visionics Sweden HB Ltd. All Rights Reserved.
IMPORTANT: THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND VISIONICS SWEDEN HB LTD, BVI. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND
The BASIC system license is a Commercial license. Customers may only claim another license if they are eligible to use it, see details below:
Evaluation License apply to all software packages downloaded from Visionics website or distributed on CDs. Prospective users may install and evaluate the software for a limited period, but without any restriction regarding functionality and features. Throughout evaluation period, evaluation license entitles to services of Visionics Technical Support.
Commercial License allows for unrestricted use of specified variants of Visionics products. The software is available for download from Visionics website and may be evaluated for limited period. Upon registered purchase, Visionics will provide activation code for unlimited in time, single site/multi-site commercial installations. CDs with software and USB license stick are available for extra surcharge.
Small Biz license may only be used by entrepreneurs or small business with a turnover less than 1 M USD.
SB (Commercial) license allows for unrestricted use of specified variants of Visionics products. The software is available for download from Visionics website and may be evaluated for limited period. Upon registered purchase, Visionics will provide activation code for unlimited in time, single site/multi-site commercial installations. CDs with software and USB license stick are available for extra surcharge.
Only individual users, who formally declare that they will not use EDWinXP for any commercial purpose, may qualify for a NC License. Research organizations are not eligible for using Non-Commercial licenses.
The software is available for download from Visionics website and may be evaluated for limited period. Upon registered purchase of specified variant of the product, Visionics will provide license activation code/license disk for unlimited in time, single site NC installation. CDs with software are available for extra surcharge.
Educational license may only be used by Educational Institutes or similar, either for research or for teaching.
This single or multi-site (prices quoted locally) installation license applies to EDWinXP software purchased by certified educational institutions only. The software is available for download from Visionics website and may be evaluated for limited period. Upon registered purchase, Visionics will provide CDs with the software and license disk for specified multi-site educational installation.
VISIONICS SWEDEN HB warrants that during the warranty period, Software, when properly installed, will substantially conform to the functional specifications set forth in the applicable user manual. VISIONICS SWEDEN HB does not warrant that Software will meet your requirements or that operation of Software will be uninterrupted or error free. The warranty period is 1 YEAR starting on the 15th day after delivery or upon installation, whichever first occurs. You must notify VISIONICS SWEDEN HB in writing of any nonconformity within the warranty period. This warranty shall not be valid if Software has been subject to misuse, unauthorized modification or installation. VISIONICS SWEDEN HB' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT VISIONICS SWEDEN HB' OPTION, EITHER (A) REFUND OF THE PRICE PAID UPON RETURN OF SOFTWARE TO VISIONICS SWEDEN HB OR (B) MODIFICATION OR REPLACEMENT OF SOFTWARE THAT DOES NOT MEET THIS LIMITED
WARRANTY, PROVIDED YOU HAVE OTHERWISE COMPLIED WITH THIS AGREEMENT.VISIONICS SWEDEN HB MAKES NO WARRANTIES WITH RESPECT TO: (A) SERVICES; (B) SOFTWARE WHICH IS LICENSED TO YOU FOR A LIMITED TERM OR LICENSED AT NO COST; OR (C) EXPERIMENTAL BETA CODE; ALL OF WHICH ARE PROVIDED “AS IS.”
THE WARRANTIES SET FORTH IN THIS SECTION ARE EXCLUSIVE. NEITHER VISIONICS SWEDEN HB NOR ITS LICENSORS MAKE ANY OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO SOFTWARE OR OTHER MATERIAL PROVIDED UNDER THIS AGREEMENT. VISIONICS SWEDEN HB AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
EXCEPT WHERE THIS EXCLUSION OR RESTRICTION OF LIABILITY WOULD BE VOID OR INEFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT SHALL VISIONICS SWEDEN HB OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF VISIONICS SWEDEN HB OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VISIONICS SWEDEN HB' OR ITS LICENSORS' LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICE GIVING RISE TO THE CLAIM. IN THE CASE WHERE NO AMOUNT WAS PAID, VISIONICS SWEDEN HB AND ITS LICENSORS SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER.
The Licensor will not do anything which will impair or tend to impair the right, title and interest of Visionics trademarks, trade names, copyrights, patents and goodwill, or any thereof.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF the International Chamber of Commerce by one or more arbitrators appointed in accordance with the rules. The arbitration shall be in Stockholm, Sweden, and shall be final and binding. The law governing this agreement and the rights and obligations of the Parties shall be the law of European Union and the English version of this agreement shall prevail.
Neither party shall be held in default of this agreement for the failure or delay in performing any of its obligations, due to causes of Force Majeure. This section shall not restrict Vionics Sweden HB’ right to bring an action against you in the jurisdiction where your place of business is located
This License and the rights granted hereunder will terminate automatically upon any breach by you of the terms of this License. Subject to the above terms and conditions, the License granted here is perpetual (for the duration of the applicable copyright in the Software). Notwithstanding the above, the Licensor reserves the right to release the Software under different license terms or to stop distributing the Software at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.