Whenever you download or use the application, this End User License Agreement (the “License”) applies to you. You acknowledge that the EULA is concluded between WISeKey and you only, and not with any other party. This License governs your use of the mobile application and related user documentation (the “App”).  By downloading and/or using an App, you are agreeing to this License. If you don’t agree with any of these terms, you cannot download or use this App.  The licensor of the App, OISTE o.b.o. WISeKey S.A. (“OISTE” or “WISeKey” or “we” or “us” or “our” or “ourselves” or “Application Provider”) reserves all rights not expressly granted to you.

 

1. Changes to this License

We reserve the right to change all or part of the License at any time. If we do that, we will post the changed terms to the same web page as the old terms. IF YOU CONTINUE TO USE AN APP AFTER WE POST CHANGED TERMS THAT USE WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.

 

2. Changes to the Apps, Services and/or Fees

We may change or discontinue an App without notice or liability to you. We may decide to charge for an App and/or services that integrate with an App. We may change the fees associated with the app or services within it at any time without notifying you.

3. License Grant

Subject to the restrictions this License, we grant you a non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use in object code form a single copy of the App on each of your devices (e.g., your mobile phone, PDA, computer). Any attempt to use the App other than as permitted by this License will immediately terminate the license.

Except for the rights explicitly granted in this License, we retain all right, title and interest (including all intellectual property rights) in the App, including the copies of the App on your devices.  We may use third-party software that is subject to open source and/or third-party license terms. You are subject to those terms.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

The license granted to you, the end-user for the Licensed Application, is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that the you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

 

4. License Restrictions

You agree that the App may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the App.

You may not:

• rent, lease, sublicense, sell, assign, loan, or otherwise transfer the App, your copy of the App or any of your rights and obligations under this License;

• remove or destroy any copyright notices or other proprietary markings on the App;

• reverse engineer, decompile, disassemble, modify or adapt the App, merge the App into another program, or create derivative works of the App;

• copy or distribute the App;

• use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License; and

• use the App or add any content to the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

You agree that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the App.

 

5. Termination

This License will terminate automatically upon the earlier of: (a) your failure to comply with any term of this License (whether or not we inform you of this termination); or (b) your deleting the App(s) from your devices; or (c) at the end of the Term. In addition, we may terminate this License at any time, for any reason or no reason. If this License terminates, you must stop using the App and delete it from your devices.

 

6. Compliance

You are solely responsible for compliance with any applicable laws and regulations and your own contractual obligations to third parties, including in the use of the App and the Services (as defined below).

 

7. Privacy policy

If you download and/or use the App, you are subject to our Privacy Policy located at wisekey.com/privacy.

 

8. Transmission of Data/Updates

Use of an App may involve the transmission of data over the Internet to us and to and from third parties. For the sake of copy protection, a valid activation might be verified automatically by the App from time to time. If you elect to receive automatic updates, we may push updates to your devices.

 

9.  Services; Third Party Materials.

The App may enable access to our, and third party, services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service.  We make no representation that such Services are appropriate or available for use in any particular location.  We, and our licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Services. We may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. No portion of the Services may be reproduced in any form or by any means.

We reserve the right to immediately remove any content from the App, including Third Party Materials and content that you provide, and including any content that is, or alleged to be, or could possibly be, obscene, indecent, scandalous, libelous, slanderous, defamatory or infringing upon the rights, Intellectual Property or otherwise, of any third party, at any time and including upon notice to us of such content by any person, entity or pursuant to any applicable statutes or regulations.

We reserve the right to immediately eject any user from any of our services should such user inject any objectionable content.

You acknowledge and agree that (i) We do not actively monitor the content on the App, and except as otherwise expressly set forth in this Agreement, we assume no liability for the content of the App.

Our services may provide users a way to flag or report objectionable user contributed content and thus

(i) content flagged as objectionable may be removed either temporarily or permanently

(ii) users generating such objectionable content may be suspended or ejected

(iii) content flagged as objectionable may be automatically removed within 24 hours of receiving such notifications in order to comply with AppStore policy, regardless of whether a review took place

(iv) users who falsely flag content as objectionable or otherwise abuse the community moderation functionality may be ejected

(v) there is a zero tolerance policy for objectionable content

We assume no liability for the content of the App or for abuse or hindrance to service caused by this moderation facility.

 

9.1 Maintenance and Support

We are solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. We and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

9.2 Claims

We, not Apple, are responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of this Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

You may forward any end-user questions, complaints or claims with respect to the Licensed Application to the following:

 

WISeKey

WTC II / route de Pré-Bois 29

P.O. Box 853

CH-1215 Geneva 15

Switzerland

Phone: +41 22 594 3000

Email:  support@wisekey.com

 

9.3 Trademarks

Certain of the product and service names used in this License and in the App may constitute our trademarks or those of third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.

 

9.4 Intellectual Property Rights

By accepting this license and using this application, you acknowledge that, in the event of any third party claim that the Licensed Application or your use and possession  of such Licensed Application infringes any third party’s intellectual property rights, We, and not any third pary, including but not limited to Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

9.5 Legal Compliance

By accepting this license and using this application you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

9.6 We permit, and by accepting this license, you acknowledge and agree, that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

 

10.  Location Data.

Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither ourselves, nor any of our content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.

 

10.  NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

11.      Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WISEKDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

12. Export Controls

You agree not to export, re-export or use an App except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your App license. If you download the App in the United States, you may not export or re-export App to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use App for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.

 

13. Governing Law

The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.

 

14. Miscellaneous

The Terms and this License are the entire agreement between you and us relating to the Apps and they supersede all prior oral or written communications and representations with respect to any App or any other subject matter covered by this License.

Users of WISekey’s application, website or software and services are advised that they need to use secure and strong passwords for all operations. User’s passwords are often used to produce derived keys for encryption of their data and thus the security of said data lies in direct relation and is directly proportional to the strength of the password provided by the user.

Users acknowledge and agree that data stored in WISeKey’s cloud service may be replicated in different jurisdictions (countries) for availability, disaster recovery, and reliability purposes, and that WISeKey will accept no responsibility or liability if it is stored in places which are in conflict with privacy laws governing such data.