smile-in face logon tool for Windows 2.0.1

EULA - End User License Agreement

Licence Agreement for nemitec software (EULA)

Please read this licence agreement carefully before you install, download or use the software. When you click on the button, "I have read the terms and conditions of the licence agreement and accept the same", during installation, downloading and / or when using the software, you declare that you have accepted the terms and conditions of this licence agreement. If you do not accept the terms and conditions of the licence agreement, please click the "Cancel” button. You have to accept the licence terms and conditions in order to be able to install the software. After acceptance click the "Next" button.
BY USING THE SOFTWARE YOU DECLARE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENCE AGREEMENT AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS CONTAINED THEREIN.

1. SCOPE OF LICENCE
This software licence agreement is an agreement between the licensee (a natural or legal person) and the licenser (nemitec GmbH). The following provisions govern the licence of the software regardless of whether it has been purchased on a data medium or has been downloaded from a computer network.

The copyright of the software licensed to the licensee and the associated documentation is the property of the licenser.

2. RIGHTS OF USE
(1) The following privileges are granted to the licensee:
a) The licenser grants to the licensee the simple and non-exclusive right to use the software indefinitely in accordance with the following terms and conditions.
b) If the licensee has purchased a single-user licence, he is not authorised to use the software on more than one EDP system simultaneously. The licensee is authorised to use the software on any hardware system at his disposal. If, however, the licensee changes the hardware, he is obliged to delete the software installed on the hardware used earlier.
c) Using the software on more than one EDP system simultaneously is permitted only if the licensee purchases or has purchased a multi-user licence or purchases or has purchased has the corresponding number of single-user licences.
d) If the licensee has purchased a network licence, he is authorised to install the software on a network server and then to use it on as many workstations simultaneously as the number of licences that he has purchased for this purpose.
e) If the licensee has purchased only updates or upgrades for an existing software version, he is authorised to use these updates or upgrades only for the original software, if he owns and uses it, and is the owner of a valid licence for the original software.
f) The licensee may make a copy of the software for archiving purposes or to install the software on the hard disc while keeping the original software as an archive copy in safe custody.
g) If the licensee has not purchased any multi-user licences, he is permitted to make a backup copy of the software, which must be clearly marked for this purpose. The backup copy must bear the serial number, the fact that it is a backup copy, the date of purchase and the date of creation of the backup copy.

(2) The licensee is prohibited from doing any of the following:
a) The licensee is not authorised, under any circumstances whatsoever, to lease the software to a third party, to rent or to lend it. Moreover, he is not authorised to adapt the software or make any other changes to it.
b) The licensee may not issue any sub-licences.
c) Making copies of the software is prohibited with the exception of what has been expressly approved in the EULA.

3. MULTI-USER LICENCE
The licensee can purchase a multi-user licence from the licenser, which authorises him to make copies of the software on portable data media.
The licensee is authorised to make as many copies of the software as the number of users for which he has purchased the multi-user licence.
The multi-user licence does not authorise the licensee to make additional copies from those that have already been made or to sell the copies that have been made. The licensee is obliged to provide information to the licenser regarding the copies made by him and to confirm the same in writing.

4. INTELLECTUAL PROPERTY RIGHTS
The software and all rights to it, including the corresponding ownership rights belong to the licenser and / or his licenser (“face identification algorithm” © by Neurotechnology) without any restrictions, and are protected by international provisions of the licence agreement and all other valid national laws of the country in which the software is used. The structure, organisation and code of the software are valuable business secrets and confidential information of the licenser and / or his licenser. The licensee may not copy the software apart from the exception enumerated in clause 3 (multi-user licence). All copies made by the licensee in connection with this licence agreement must contain the same copyright notice and other ownership notices, which are also contained in the software.

5. AGREEMENT PERIOD
This licence agreement comes into effect on the day of the first installation of the software. You can terminate this agreement at any time by permanently deleting and destroying the software, all backup copies and all associated material provided by the licenser or returning it at your own cost. You relinquish all your rights as a licensee automatically and with immediate effect without any intimation by the licenser when you fail to comply with the provisions of this licence agreement. In this case you must delete and destroy the software, all backup copies and the associated material or return it to the licenser at your own cost.

6. INFRINGEMENT OF RIGHTS OF USE
If the licensee, his legal representative or agent infringes on any of the provisions of this licence agreement, the licenser reserves the right to claim compensation for damages.
In the event of infringement of the rights of use, the licenser is authorised to withdraw from the licence agreement irrespective of his claim for compensation against damages. In this case, the licensee must return all software including all associated materials to the licenser. If any backup copies have been made or copies pertaining to multi-user licences have been made, these must be destroyed. Any software installed on hardware must be deleted. The destruction and deletion must be confirmed to the licenser in writing at his first request for the same.

7. DISCLAIMER
The licensee accepts that the software in the current form is supplied without any guarantee, either explicit or implied, and that, as long as valid legislation permits, neither nemitec nor its licenser or the copyright owner have furnished any declarations, either explicit or implied, or provide any guarantees, including (but, however, not limited to) those for the marketability or suitability for any specific purpose or have made any claims that the software does not infringe on any patents, copyrights or other rights of any third parties. There are no guarantees furnished by the licenser or third parties that the software functions fulfil the requirements of the licensee or that the software operates uninterruptedly or error-free. The licensee alone accepts the responsibility and risk of selecting the software, its installation and use, and the results arising from it to serve his purpose.

8. COMPENSATION
You indemnify the licenser and his licenser against all claims, compensation and liabilities, losses, legal disputes or payments, which arise from infringement or any other alleged violation of the ownership of any third party or in any other manner by using or applying the software.

9. LEGAL JURISDICTION
The contents of this licence agreement are subject to German Law and must be interpreted accordingly. In the event of litigation, lawsuits or other legal procedures, resulting from this licence agreement, the licensee accepts and acknowledges that the jurisdiction of Germany shall be applicable exclusively. The legal venue is the registered office of the licenser.

10. GENERAL PROVISIONS
If any part of this licence agreement ceases to be effective, becomes null and void or cannot be enforced or implemented, this shall not affect the remaining part of the agreement in any manner. This licence agreement can be modified only in writing by a person empowered by the licenser to do so. The terms and conditions governing the licence agreement can be modified by the licenser. This licence agreement represents the entire agreement between the licenser and the licensee with respect to the software. It renders all previous written or verbal contracts, warranties, assurances and end user agreements with respect to the software null and void.

11. COMMUNICATION
All communication and return of software and documentation must be directed to the following address:

nemitec GmbH
Sägewerkstr. 3
83395 Freilassing
Germany