By downloading the MobileID Application, you (“End User” or “You”) are expressly agreeing to be bound by the terms and conditions of this End User License Agreement (the “Agreement”) between You and Signicat AS (“Signicat”). Please read it carefully, as Your use of the Application (as defined in Section 1 below) is contingent on Your acceptance of the terms and conditions of this Agreement.
“Application” means the proprietary Signicat MobileID software application for two-factor authentication for login and/or digital signing, together with any update or upgrade thereto, when and if made available to You by Signicat. The Application does not include Third Party Software.
“End User”/”You” means the physical person downloading the Application.
“Merchant” means the business entity or entities that Signicat has entered into an agreement with for the use of the Application, and to whom the End User has a customer relationship.
“Third Party Software” means the software of certain third parties that Signicat may deliver as part of the Application.
2 License Terms and Conditions
2.1 License grant
Subject to the terms and conditions of this Agreement, Signicat hereby grants the End User a limited, non-exclusive, non-transferable, non-sub-licensable license to install and use the Application supplied to the End User hereunder, solely for Your login and/or digital signing (the “Purpose”). Signicat reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Application only as expressly permitted in this agreement. In doing so, You must comply with any technical limitations in the Application that only allow You to use it in certain ways.
2.2 License restrictions
The End User shall not, and shall not allow any third party to:
(i) use the Application except as expressly permitted under Section 2.1;
(ii) separate the component programs of the Application for use on different computers or devices;
(iii) adapt, alter, publicly display, publicly perform, translate, embed into any other product or otherwise create derivative works of, or otherwise modify the Application;
(iv) sub-license, lease, rent, loan, or distribute the Application to any third party;
(v) transfer the Application to any third party;
(vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Application, except as permitted by applicable law;
(vii) remove, alter, or obscure any proprietary notices on the Application, or the applicable documentation therefore; or
(viii) allow third parties to access or use the Application, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
2.3 Third party software
The Application may include Third Party Software that Signicat sub-licenses to You under this Agreement. The Application contains material that is protected by international copyright law. You shall not remove any proprietary notice accompanying the Application and as made available at https://www.allclearid.com/encap-copyright-notice/ from any copy of the Application.
3 Use of the Application
You may install and use one copy of the Application on Your device solely for the Purpose. Note that Signicat may make available updates or upgrades to the Application, and due to security considerations, You may not be able to use the Application, should You fail to download such updates or upgrades. Signicat reserves the right, at Signicat’s sole discretion, to deny You access to the Application. Signicat will not provide support services.
4 Proprietary Rights
The End User acknowledges and agrees that the Application, including without limitation the Application’s sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Signicat and its suppliers, and is considered Signicat’s confidential information. The Application is licensed and not sold to the End User, and that no title or ownership to such Application or the intellectual property rights embodied therein passes as a result of this Agreement or any act pursuant to this Agreement. The Application and all intellectual property rights therein are the exclusive property of Signicat and its suppliers, and all rights in and to the Application not expressly granted to the End User in this Agreement are reserved.
Signicat takes matters of protection and security of the End User’s information very seriously and will treat any and all such information in accordance with the applicable data protection legislation. Please refer to the Signicat MobileID App Privacy Statement, which is incorporated into this Agreement by reference, for further detail.
6 Term and Termination
The term of this Agreement will commence upon Your download of the Application and, unless earlier terminated as provided in this Section 6, will continue in perpetuity unless terminated by Signicat without cause with thirty (30) days prior written notice. This Agreement will immediately terminate upon Your breach of this Agreement, and Signicat reserves the right to suspend Your use of the Application at any time, should Signicat, in Signicat’s sole discretion, have reason to believe that You have breached this Agreement. Upon the termination of this Agreement, You will discontinue all use of the Application, promptly destroy or have destroyed the Application and any copies thereof, and, upon request by Signicat, certify in writing to Signicat that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to Signicat. Sections 1, 2, 4, 5, 6, 7, 8, and 9 shall survive such termination.
7 Disclaimer of Warranties
The Application is provided “as is” and “as available”, and all warranties and conditions, express, implied, and statutory, including without limitation the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose or use, accuracy or completeness, satisfactory quality, and quiet enjoyment, or other warranties or conditions arising by statute, operation or law, course of dealing, usage of trade or otherwise are hereby disclaimed. Some jurisdictions do not allow the limitation or exclusion of implied warranties, so the above limitations may not apply to You. Signicat does not warrant that the use of the Application will be uninterrupted or error-free or that the Application does not contain any viruses. No representations or warranties are made by any suppliers to Signicat under or by virtue of this agreement.
8 Limitation of Liability
In no event shall Signicat be liable for any incidental, special, consequential, or indirect damages of any kind (including without limitation damages for interruption of business, data loss, lost profits, or the like) regardless of the form of action, whether in contract, tort (including without limitation negligence), strict product liability, or other theory, even if advised of the possibility of such damages. In no event will the cumulative liability of Signicat, arising out of or related to this Agreement, exceed the amount paid to Signicat by You in respect of the Application or if no fees were paid then five thousand (5 000) NOK. For the avoidance of doubt, in no event will any supplier to Signicat have any liability to You under this agreement.
(i) You acknowledge and agree that the Application may contain cryptographic functionality, the export of which is restricted under applicable export control law. You will comply with all applicable laws and regulations in Your activities under this Agreement. You will not export or re-export the Application in violation of such laws or regulations, or without all required licenses and authorizations.
(ii) This Agreement will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings.
(iii) If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby.
(iv) You may not assign or transfer this Agreement without obtaining Signicat’s prior written consent, and any purported assignment or transfer in violation of this Section 9 will be null and void.
(v) Signicat may, at Signicat’s sole discretion, and in connection with an update or upgrade of the Application, amend the terms and conditions of this Agreement from time to time, in which case a notice of such amendment will be included in the update or upgrade.