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TERMS
AND CONDITIONS, RENTAL, LEASE, HIRE, LOAN, SALE
1.
Definition of You, ” the company, entity, legal body,
directors, partners or individuals” agree to these terms and conditions, which bind You, and the employees and any future legal entity that should continue to trade in a similar style to your current style and to continue to operate the goods you have purchased, rented, leased, hired or borrowed .
a.
In the event that You,
should enter administration, liquidation or to cease trading, it is noted that
the software licenses allocated to You always remain the property of IDScan
Biometrics and are non-transferable. The software elements of any IDScan
product always remains the property of IDScan, additionally, those hardware
products that are either, rented, leased or loaned from IDScan biometrics or
are sold but not fully paid for, always remain the property of IDScan
Biometrics.
b.
Further in the event of
administration, liquidation or should You cease trading, You warrant that You
will immediately notify IDScan Biometrics within 24 hours of said event and
personally guarantee the full return of IDScan’s Equipment and personally
guarantee that if the Equipment is not returned You will be responsible to IDScan Biometrics for the full replacement
value of the Equipment and software supplied as described in the schedule
a.
IDScan Biometrics products purchased
after 2009 are required to be re-licensed each week by connecting your hardware
to the internet once each 7 days. Failure to do so will invalidate your
software license and your software will cease to operate normally. It is
therefore, a condition of your agreement with IDScan that your Equipment is
connected to the internet and has access to our license manager at www.idscan.biz for a minimum period of 30 minutes each 7 days. IDScan are not liable for any
consequential loss, loss of business and/or loss of profit which you may suffer
as a result of you breach of this obligation under this Special note 2.
a.
Should invoices remain unpaid for a
period exceeding 61 days IDScan reserves the right to recover all Equipment and
software provided and all rights to hardware and software are immediately
reverted to IDScan Biometrics.
b.
IDScan Biometrics Terms &
Conditions are subject to change at any time;
c.
IDScan is a trade mark protected by UK
and European Law.
d.
These terms make up the whole
Agreement between you and us. No other terms will apply to this Agreement other
than individual End User Software Agreements which apply to certain products.
e.
This Agreement is for the rental,
hire, lease, loan or sale of the Equipment for use in your business, or the
licence of IDScan’s software.
f.
If two or more people are Customers in
this Agreement they are separately and jointly liable under the terms of it.
g.
This
Agreement is governed by English Law.
5.
Period of Rental ,Lease, Loan, Hire,
a.
This Agreement will start on the date
when the product is installed and will run for a period determined in the
schedule.
b.
Invoicing: Rentals and licence fees are paid monthly in advance.
Invoices are issued on the first of each month for rentals and licence fees for the following month. Direct debits will be taken out on the 20th of the month in which the invoice was issued and covers the fees for the following month. Invoices not settled by the last day of the month in which the invoice is issued or failed direct debit payments will prompt an automated seizure of service on the 1st day of the new month and a late payment fee of £39. Customers whose Invoices that are paid late on more than three separate occasions in a 12 month period will be required to pay 6 monthly in advance IDscan are not liable for any consequential loss, loss of business and/or loss of profit which you may suffer as a result of you breach of this obligation and seizure of service
a. The Equipment are those items listed in the schedule to this Agreement and further described in the invoice.
a.
If your software was provided by a
dongle this is your license key, replacement of this key is £1650 (ex
VAT). Damaged keys will be replaced
immediately upon receipt of the damaged key at a cost of £35. If your software
is provided through IDScan’s License Manager, your system will need to connect
to the internet each 7 days to renew your software licence.
b.
You will comply with the terms and
conditions of any software licence provided to you by IDScan and you will
indemnify IDScan against any claim made against us for breach of any software
licence.
c.
IDScan’s software always remains the
property of IDScan Biometrics Limited. IDScan does not sell its software, your
rights to use are based upon a lease, rental, loan or prepaid license
term.
8.
Conditions of using the Equipment
a.
You will keep the Equipment at all
times in your possession and control and, you will keep it at the location
stated in this Agreement and you will not move it without our permission. You
must let us inspect the Equipment at all reasonable
b.
You will be responsible for
maintaining the Equipment in good repair and condition, for ensuring that the
Equipment is used properly and safely and that it complies with all legal
requirements for its use. You will be responsible for any damage caused to the
Equipment apart from that caused by fair wear and tear.
c.
You will be responsible for paying any
insurance premium and other payments due for the Equipment.
d.
You must not alter, improve or add
anything to the Equipment without our written permission.
e.
You must not transfer the benefit of
this Agreement or do anything which affects our rights in the Equipment
including using it as a security for a debt or any other obligation or selling
or disposing of it. If the Equipment is kept on rented property in Scotland, it
will not form part of the landlord’s hypothec.
a.
You must insure the Equipment against
all liability whatsoever to any third party arising directly or indirectly out
of the possession or use of the Equipment and all loss or damage to the
Equipment from all insurable risks for the full cost of replacing it with a
reputable insurance company. You must arrange for our interest in the Equipment
to be endorsed on the insurance policy.
b.
You must, on request, show us evidence
that such insurance is in place and if you do not we may, if we choose (but
will not be obliged to), arrange insurance for you in respect of some or all of
the relevant insurance risks for such period which we think fit. You appoint us
as your agent to arrange for this insurance and you will pay the full cost of
the insurance which we will collect from you with the Payments.
c.
You must tell us immediately of any
insurance claim and you cannot settle any claims without our agreement. You
appoint us as your agent for receiving insurance settlements and you must tell
the insurance company that any settlements from a Total Loss claim should be
paid to us, as your agent.
d.
If the Equipment is lost or stolen or
damaged beyond economical repair (a “Total Loss”) then you will, within twelve
days, either: - (i) replace the Equipment at your own expense (using the
insurance monies). Any insurance settlement we receive from the insurers will
be credited to the amount payable.
a.
Upon
termination of the rental period you shall at your own expense, restore the
Equipment to its original condition, fair wear and tear excepted redeliver them
to us at such place in the United Kingdom that we shall designate, normally
IDScan Head Office
b.
You agree that if you fail to
redeliver the Equipment within 21 days of termination of this agreement, you
will be liable to a £5000 charge plus VAT, which must be paid in full 7 days
after receipt of “FAIL TO RETURN EQUIPMENT DEMAND”. In addition to the
liability for £5000, we will attempt to retake possession and for such purpose
may enter any premises where the Equipment may be and remove the Equipment, you
also agree that any forced entry that may be required, is with your expressed
permission and that IDScan shall not be under any liability for any loss or damage
sustained in consequence or by reason of our actions under this Clause. You
shall pay all costs and expenses in connection with removing and/or storing,
refurbishing and maintaining the Equipment in the condition in which it is
required to be kept hereunder and shall continue to insure the Equipment in
accordance with Clause 8 until such time as the Equipment shall be sold.
a.
IDScan
has developed and owns, or has licensed from third parties, certain computer
software applications and hardware Equipment and has granted You a non-exclusive licence to use such programs and their associated documentation
under an agreement.
b.
IDScan has agreed to provide You certain services in respect of the support and
maintenance of the computer software applications, and the computer hardware
Equipment upon which such applications are installed, on the terms and
conditions set out in this Agreement. In particular support is conditional upon
the following terms
c.
If you have a card scanner it is
calibrated each week and cleaned each month;
d.
You are able to connect your system to
www.IDScan.ws when requiring support;
e.
You update your system with the latest
version of the software at least once a month;
f.
You do not add any other software nor
surf the web on your system;
g.
Your account is up to date;
h.
Equipment is operated within normal operating
temperature of 6c to 34c;
i.
Your support fees, license payments
and or rentals are paid by standing order or direct debit
j.
Data protection notices are placed
prominently at the point of scanning;
k.
Support is reported between 9am and
5pm Monday to Friday
l.
Data protection notices are placed on
your website with a link to IDScan's Data Protection FAQ;
m.
Your system is connected to the
internet for a minimum 30 minutes once
every 7 days to reissue your license;
n.
If you are unable to connect your
system to the internet for remote support there is a £50 basic support charge,
should we need to be called out a minimum £95 call out charge or £25 each way
courier collection and delivery charge should your Equipment need to be
returned to IDScan.
o.
Bench time for repairs will be charged
at the current rate
p.
Purchased hardware is supported for 1
month and then Manufactures warranty takes precedent.
a.
During the continuance of an Agreement, IDScan shall provide You with Hot Line support for the reporting of a problem. An
urgent problem is degradation or failure of the system, defective Software
distribution media, or software performance inconsistent with documentation.
b.
Online support: You will provide internet connection, for the
purpose of online line support. All systems come with Wi-Fi or Ethernet
connection and can be moved to a location to connect to the internet. Support
will not be provided to You if internet connection is
not available for remote support.
c.
On-site support: On-site support will be provided by IDScan if
specified in the Schedule and where appropriate in the event that online
telephone support does not resolve a Software problem, On-site support will be
provided within seven days of support call being first registered. Should the
support call be classified as non-fault then a call out charge of £179 will be
invoiced.
d.
Out-of-Hours support: Out-of-Hours support shall, where specified
in the Schedule, be provided by IDScan, but more commonly until nine pm on
Friday and Saturday nights and 8 pm on other nights.
e.
Critical support is provided by returning the Processor unit to
IDScan “head office” systems will be repaired and returned within 3 days from
the morning of receipt of the system. Should the support call be classified as
non-fault then carriage + £60 will be charged.
f.
Corrections, assistance: Correction of critical errors or
assistance to overcome specific software problems. IDScan. In its sole discretion, correct errors by
'patch' or by new version.
g.
You, shall supply in writing to IDScan a detailed description of any
fault requiring support services in clause 6.1 and the circumstances in which
it arose, and shall submit sufficient material and information to enable IDScan
support staff to duplicate the problem.
h.
When appropriate, IDScan will endeavour to give an estimate of how
long a problem may take to resolve. IDScan will keep You,
informed of the progress of problem resolution. IDScan's support staff will
attempt to solve a problem immediately or as soon thereafter as possible and
the response times shall be either:
i.
Service: between Monday to Friday from 0900 to 1730 (excluding
national holidays) IDScan shall use its reasonable endeavours to respond within
10 hours of receipt of a request;
j.
IDScan will back up automatically up to 7 days of data as a free service, any data more than 7 days old will automatically become unavailable to the customer for the purposes of reinstating a lost database. This free service is dependent upon the availability of internet connectivity and can be switched off in your Admin user settings.
k.
IDScan will back up unknown or high risk documents with a score of 7 or above for the purpose of reviewing the document to ensure that it is included within the IDScan library. Once reviewed the document will be purged. This free feature is dependent of internet connectivity and can be disabled in Admin.
a.
Where the Equipment is a Total Loss or
you fail to return it to us in the condition required by this Agreement and
because of its condition we are unable to sell it for the full amount of our
un-recovered investment in the residual value of the Equipment, £5000 plus vat
is necessary to compensate us for our loss.
a.
You
will indemnify us, against all losses costs claims and demands which we may
incur arising out of this Agreement and the possession or use of the Equipment
other than those arising from our own gross negligence or willful misconduct.
a.
We
do not exclude our liability for death or personal injury which is caused by
our negligence in the performance of our obligations under this Agreement.
b.
We
do not have any obligation to replace the Equipment if it is lost or damaged.
c.
We
are not liable for any consequential loss, loss of business and/or loss of
profit which you may suffer as a result of our breach of our obligations under
this Agreement.
a.
You
will not claim any capital allowances in respect of the Equipment. The Payments
have been calculated on the assumption that there will be no change in the
nature, method or basis of taxation of companies and groups of companies in the
United Kingdom including the rate of Corporation Tax, the availability of
capital allowances and the treatment of losses and expenses. If any such change
does occur at any time during the period of hire we are entitled to adjust the
Payment to ensure that our after tax return is not reduced. We can only make
such an adjustment after giving you 7 days written notice.
a.
Nothing
in this Agreement shall confer any benefit on any third party and no person
other than you or ourselves shall have any right to
enforce any clause of the Agreement. For the avoidance of doubt the term
“ourselves” includes our successors or assigns.
b.
Intellectual
Property Rights: all patents, rights to inventions, utility models, copyright
and related rights, trademarks, service marks, trade, business and domain
names, rights in trade dress or get-up, rights in goodwill or to sue for
passing off, unfair competition rights, rights in designs, rights in computer
software, database right, topography rights, moral rights, rights in
confidential information (including know-how and trade secrets) and any other
intellectual property rights, in each case whether registered or unregistered
and including all applications for and renewals or extensions of such rights,
and all similar or equivalent rights or forms of protection in any part of the
world.
a.
Service:
the IDScan Software Service to be provided by IDScan Biometrics Limited under
the Contract as set out in Part B below, together with any other services which
IDScan Biometrics Limited provides or agrees to provide to the Customer from
time to time.
b.
IDScan Biometrics Limited may vary
these Conditions at any time by posting the changes or any new version of the
same on the Website and, where reasonably practicable, giving the Customer
prior notices. The Customer hereby agrees that, if the Customer decides to use
the Equipment and/or the Software Service after any variation(s) to these
Conditions have been posted on the Website, the Customer will be bound by the
Contract as varied.
c.
Charges and Payment.
d.
All payments listed on the contract
invoice are be settled in with cleared funds before
Equipment or software services will be provided.
e.
All rentals, lease, hires payable to IDScan Biometrics Limited for the
provision of the Equipment and the Software Services, shall be paid by standing
order or direct debit.
f.
The first standing order payment must
be received before Equipment and or software service will commence.
g.
Without prejudice to any other right
or remedy that it may have, if the Customer fails to pay IDScan Biometrics
Limited on the due date, IDScan Biometrics Limited will immediately remove the
software rights of the customer and the software will cease to operate. Those
systems which are dongle operated the customer agrees that they will not
continue to use the Equipment and software.
h.
In the event that a standing order,
dicer debit or scheduled payment are not made on the due date all rights to any
deposits are null and void and the Customer relinquishes all future claim to
such.
i.
In the events that rentals that are
not paid in more than 2 cycles of the rental schedule. All rights to any
deposits are null and void and the Customer relinquishes all future claim to
such, further all rights to any hardware or software are relinquished
j. Late Payment penalties; accounts which fall more than 60 days overdue are subject to a fixed £100 charge, plus any further rentals, licence fees or support fees will increase by 20% until the account is brought back within the agreed terms.
k.
All sums payable to IDScan Biometrics
Limited under the Contract shall become due immediately on its termination,
despite any other provision. This condition is without prejudice to any right
to claim for interest under the law, or any such right under the Contract.
l.
This condition sets out the entire financial
liability of IDScan Biometrics Limited (including any liability for the acts or
omissions of its employees, agents and sub-contractors) to the Customer in
respect of:
m.
Any breach of the Contract;
n.
Any use made by the Customer of the
Equipment and/or the Software Service; and
o.
Any representation, statement or
tortious act or omission (including negligence) arising under or in connection
with the Contract.
p.
All warranties, conditions and other terms
implied by statute or common law are, to the fullest extent permitted by law,
excluded from the Contract.
q.
Nothing in these Conditions limits or
excludes the liability of IDScan Biometrics Limited:
r.
For death or personal injury resulting
from negligence; or
s.
For any damage or liability incurred
by the Customer as a result of fraud or fraudulent misrepresentation by IDScan
Biometrics Limited.
t.
IDScan Biometrics Limited shall not be
liable, whether in tort (including for negligence or breach of statutory duty),
contract, misrepresentation or otherwise for:
u.
IDScan
Biometrics Limited does not guarantee the the OCR accuracy of documents contained in the library - every effort is made to improve accuracy and customers who are aware of documents which have OCR errors should report them to IDScan using the report sample button
IDScan will add documents to the libray that have known OCR issues.
v.
Loss of business; or
w.
Depletion of goodwill and/or similar
losses; or
x.
Loss of anticipated savings; or
y.
Loss of goods; or
z.
Loss of contract; or
aa.
Loss of use or reduced speed of use;
or
bb.
Loss of corruption of data or
information; or
cc.
Loss
of any premises, alcohol or other licence; or
dd.
Any special, indirect, consequential
or pure economic loss, costs, damages, charges or expenses.
ee.
IDScan
Biometrics Limited's total liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise arising
in connection with the performance or contemplated performance of the Contract
shall be limited to the price paid by the Customer for the Equipment and
Software Service.
ff.
Loss of profits;
a.
The You acknowledge that You will apply and maintain a data protection license, in the
UK this is obtained from the information Commissioner.
b.
You will ensure that staff have read
and understood the Good Practice notice for ID scanning provided by the UK
Information commissioner and You agree to comply with
such guidance.
c.
You agree that a Data Processing
notice such as those provided by IDScan will be placed at the point of scanning
in view of the general public.
d.
You agree that should You own a website to promote the business at which the
Equipment is used that You will place a link to the Data Protection notice
section of IDScan’s website.
e.
Forged, fake, altered, counterfeit documents which are shared, sent, or displayed to IDscan.
IDscan reserve the absolute right to retain copies of documents which are proven beyond reasonable doubt to be forged, fake, altered or counterfeit. IDscan may distribute these documents to police or other government authorities and may add these documents to an IDSCAN watch list which may be shared with third parties.
20.
On termination of the Contract for any
reason:
a.
The Customer shall immediately pay to
IDScan Biometrics Limited all of IDScan Biometrics Limited's outstanding unpaid
invoices and interest, and, in respect of the Software Service supplied but for
which no invoice has been submitted, IDScan Biometrics Limited may submit an
invoice, which shall be payable immediately on receipt;
b.
The accrued rights of the parties as
at termination and the continuation of any provision expressly stated to
survive or implicitly surviving termination, shall not be affected;
c.
IDScan Biometrics Limited shall
immediately cease the supply of the Equipment and the Software Service.
a.
IDScan Biometrics Limited shall have
no liability to the Customer under the Contract if it is prevented from or
delayed in performing its obligations under the Contract or from carrying on
its business by acts, events, omissions or accidents beyond its reasonable
control, including strikes, lock-outs or other industrial disputes (whether
involving the workforce of IDScan Biometrics Limited or any other party),
failure of a utility or telecommunication service or transport network, act of
God, war, riot, civil commotion, malicious damage, compliance with any law or
governmental order, rule, regulation or direction, accident, strike, breakdown of
plant or machinery, fire, flood, storm or default of suppliers or
sub-contractors.
b.
The Customer shall not, without the
prior written consent of IDScan Biometrics Limited, assign, transfer, charge,
sub-contract or deal in any other manner with all or any of its rights or
obligations under the Contract.
c.
IDScan Biometrics Limited may at any
time assign, transfer, charge, sub-contract or deal in any other manner with
all or any of its rights or obligations under the Contract.
d.
IDScan Biometrics Limited warrants to
the Customer that the Equipment is free from defects of workmanship and
materials. IDScan Biometrics Limited undertakes (subject to the remainder of
this condition), at its option, to repair or replace Equipment (other than
consumable items) which is found to be defective as a result of faulty
materials or workmanship within six months of delivery and installation.
e.
IDScan Biometrics Limited shall not be
liable for a breach of the warranty unless:
f.
The Customer gives written notice of
the defect to IDScan Biometrics Limited within 48 hours of the time when the
Customer discovers or ought to have discovered the defect; and
g.
After receiving the notice, IDScan
Biometrics Limited is given a reasonable opportunity of examining such
Equipment and the Customer (if asked to do so by IDScan Biometrics Limited)
returns such Equipment to IDScan Biometrics Limited's place of business at
IDScan Biometrics Limited's cost for the examination to take place there.
h.
IDScan Biometrics Limited shall not be
liable for a breach of the warranty
i.
The Customer makes any use of
Equipment in respect of which it has given written notice
j.
The defect arises because the Customer
failed to follow IDScan Biometrics Limited's oral or written instructions as to
the storage, installation, commissioning, use or maintenance of the Equipment
or (if there are none) good trade practice; or
k.
The Customer alters or repairs the
relevant Equipment without the written consent of IDScan Biometrics Limited.
l.
Any repaired or replacement Equipment
shall be under warranty for the unexpired portion of the six month period.
m.
IDScan Biometrics Limited shall not be
liable for any damage or defect to the Equipment caused by improper use of the
Equipment or use outside its normal application.
n.
Intellectual Property Rights.
o.
The Customer acknowledges that all
Intellectual Property Rights used by or subsisting in the Equipment are and
shall remain the sole property of IDScan Biometrics Limited or (as the case may
be) third party rights, owner.
p.
IDScan Biometrics Limited shall retain
the property and copyright in all documents supplied to the Customer in
connection with the Contract and it shall be a condition of such supply that
the contents of such documents shall not be communicated either directly or
indirectly to any other person, firm or company without the prior written
consent of IDScan Biometrics Limited.
q.
IDScan Biometrics Limited's
Intellectual Property Rights in and relating to the Equipment shall remain the
exclusive property of IDScan Biometrics Limited, and the Customer shall not at
any time make any unauthorized use of such Intellectual Property Rights, nor authorize
or permit any of its agents or contractors or any other person to do so.
r.
Subject to the Customer making payment of the
Licence Fee, rental, or lease , IDScan Biometrics Limited shall (i) supply the
Software to the Customer in accordance with these Conditions and as set out in
the
s.
Contract and (ii) grant to the
Customer a non-exclusive and non-transferable rental license to use the
Software during the Term solely for business use with its staff and customers.
t.
The Software Service shall include:
i.
Making the Software available to the
Customer to use and access the same for the purpose of operating their
business, direct marketing and other related purposes and to use and upload the
Customer Content.
ii.
Making all necessary Modifications to the
Software and ensuring that it is fully updated.
iii.
The Customer shall be responsible for keeping
confidential all login and password information supplied from time to time. If
the Customer becomes aware of any unauthorized access the Customer agrees to
immediately notify IDScan Biometrics Limited.
iv.
The Customer shall be solely responsible for
ensuring that the permissions granted to its Staff for using the Software are
current and shall be kept up to date at all times.
v.
The Customer shall be entirely responsible for
all access to the Software Service by its Staff or by any other persons
accessing the Software using the Customer's login and password information
(whether authorized by the Customer or not).
u.
IDScan Biometrics Limited shall be entitled,
on prior notice to the Customer, to make changes to the Software Service,
provided such changes do not have a material adverse affect on the functionality of the same.
v.
IDScan Biometrics Limited shall have no
obligation to correct or continue to provide the Software Service where the
cause or causes of any fault have been identified as having arisen from any of
the following.
w.
Misuse or incorrect use of the
Software Service;
x.
Use of the Software Service in
combination with any unsuitable Equipment or any fault in any such Equipment or
software; or.
y.
Any breach of the Customer's obligations under
these Conditions.
z.
IDScan Biometrics Limited may in its absolute
discretion sub-contract the performance of any of its obligations under these
Conditions.
a.
The Customer shall not use the Software
Service or the Software to store send or otherwise process material that is or
may in the reasonable opinion of IDScan Biometrics Limited be considered to be
obscene, indecent, pornographic, seditious, offensive, defamatory, threatening,
liable to incite racial hatred, menacing, blasphemous or in breach of any third
party Intellectual Property Rights or any other law or regulation
(Inappropriate Content).
b.
You may not in any way deny IDScan Biometrics access to the Software. This means that you upon request allow access to the PC remotely or directly by removing firewalls and or passwords that in any way may block IDScan Biometrics access to its software.
c.
The Customer acknowledges that IDScan
Biometrics Limited has no control over any Customer Content and does not
purport to monitor such content. IDScan Biometrics Limited reserves the right
to remove any Customer Content where it reasonably suspects such content is
Inappropriate Content. IDScan Biometrics Limited shall notify the Customer if
it becomes aware of any allegation that Customer Content may be Inappropriate
Content.
d.
The Customer shall indemnify and hold
harmless IDScan Biometrics Limited and its affiliates, employees, agents, contractors,
directors, officers and third party providers from all liabilities, demands,
costs, damages and expenses (including legal expenses) arising out of or in
connection with any breach by the Customer of this clause.
e.
The Customer acknowledges that the
internet and IDScan Biometrics Limited's systems, servers and Equipment may
from time to time be inoperative in full or in part as a consequence of factors
beyond IDScan Biometrics Limited's reasonable control, including but not
limited to mechanical breakdown, maintenance, hardware or software upgrades and
telecommunication connectivity problems. IDScan Biometrics Limited will not be
liable for its failure or inability to provide continuous, error free,
uninterrupted services under these circumstances.
f.
In the event of any interruption as
set out in this clause, IDScan Biometrics Limited will notify the Customer as
soon as reasonably practicable of any such interruption to its ability to
provide the Software Service by posting a notice on the Website or by any other
reasonable means available to it.
a.
The Customer acknowledges that all
Intellectual Property Rights in the Software and the Software Service and any
Modification belong and shall belong to IDScan Biometrics Limited, and the
Customer shall have no rights in or to the Software or the Software Service
other than the right to use it in accordance with the terms of this Contract.
b.
The Customer has no right (and shall
not permit any third party) to copy, adapt, reverse engineer, decompile,
disassemble, modify, adapt or make error corrections to the Software in whole
or in part except to the extent that any reduction of the Software to human
readable form (whether by reverse engineering, de-compilation or disassembly)
is necessary for the purposes of integrating the operation of the Software with
the operation of other software or systems used by the Customer, unless IDScan
Biometrics Limited is prepared to carry out such action at a reasonable
commercial fee or has provided the information necessary to achieve such
integration within a reasonable period, and the Customer shall request IDScan
Biometrics Limited to carry out such action or to provide such information (and
shall meet IDScan Biometrics Limited's reasonable costs in providing that
information) before undertaking any such reduction.
c.
IDScan Biometrics Limited may increase the
Licence Fee from time to time. IDScan Biometrics Limited shall give the
Customer prior notification of any such increase.
d.
No representation or warranty is given
by IDScan Biometrics Limited that all faults will be fixed or will be fixed
within a specified period of time. Whilst IDScan Biometrics Limited shall endeavor
to ensure that the Software and the Software Service is free from infection,
viruses and/or any other code that has contaminating or destructive properties
(Contamination) IDScan Biometrics Limited does not warrant that the Software or
Software Service will be free from such Contamination.
a.
Terms and Conditions are deemed
accepted upon receipt of your initial payment to IDScan Biometrics unless
written notification is received in advance of said payment.
a.
The copyright in all material provided on this site ("Site") is held by IDScan Biometrics Limited registered in the UK. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of IDScan Biometrics. You also may not, without IDScan Biometrics permission, "mirror" any material contained on this Site on any other server. Any unauthorised use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and if proven will be charged at a daily rate of £100 for each day the copyright is infringed.
a.
The trade marks and logos (the Trademarks) used and displayed on this Site are registered and unregistered trademarks of IDScan Biometrics and may not be used in any advertising or other publicity materials in relation to the distribution of any information or materials obtained from this Site without the prior written consent of IDScan Biometrics.
Last: Aug/2008 |
