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END-USER LICENSE AGREEMENT

 

Effective: May 25th, 2018

 

This End-User License Agreement (the "Agreement" or "License") is a legal agreement between you and Technologies Improving the World AG, is a Swiss company with a principal place of business at Zugerstrasse 1, 6330 Cham, Switzerland ("TIW", "we", "us" or "our") for the AUSWEIS software that is provided in the form of pre-installed, embedded software on the AUSWEIS Device (the "Device") (the AUSWEIS software that is provided in the form of pre-installed, embedded software on the Device is hereinafter referred to as the "AUSWEIS" or "Licensed Software"), and any upgrades, updates, patches, hotfixes, modules, routines, feature enhancements and additional versions of the AUSWEIS software that replace or supplement such original AUSWEIS software (collectively "Updates") and their associated media, printed materials, online or electronic documentation, distributed by or on behalf of TIW unless there is a separate license agreement provided under different terms at the time of download or update. If there is no separate license agreement then this Agreement governs your use of Updates, and such Updates will be considered Licensed Software for all purposes of this Agreement.

 

For the purposes of this Agreement, "You", "Your" and/or "User" shall mean the person who uses the AUSWEIS software (and/or any person acting on your behalf), "Parties" means together the User and TIW, and a "Party" means either TIW or User in accordance with the context of the relevant provision of this Agreement.

 

Please read this License carefully before using the AUSWEIS.

 

 

1. General provisions

 

1.1. By accessing, downloading, using, viewing or performing any other use of the AUSWEIS software or Device, you are agreeing to be bound by the terms of this Agreement. If you do not agree or accept all or any terms of this Agreement, you may return the Device (in its original, unused condition) within fourteen (14) days of the date of purchase (or the return period provided by your place of Device purchase, whichever is longer) for a refund in accordance with the Section 5 Return Policy of the TIW Limited Warranty, published on the website https://www.ausweis.io. In such case, you will also cease using, and destroy AUSWEIS software, software application AUSWEIS that can be downloaded and installed on your mobile device (including, but not limited to, smartphone, tablet) (the "Application"), which are in your possession related to such Device.

 

1.2. Please also note, you shall not use the AUSWEIS software, the Device, the Application, Website (https://www.ausweis.io), other products, services, programs, documentations and other services and tools developed by TIW that are offered or may be offered in the future under the name AUSWEIS, not view or use AUSWEIS in any other way in the following cases:

 

(i) if you have not reached the statutory minimum age established by applicable law of your country, which allows you to enter into legally binding agreements, including the right to enter into this License Agreement, or to act without the consent of both parents or guardian;

 

(ii) if you have no rights to use the AUSWEIS under the laws of your country of resides or location;

 

(iіі) if you do not agree with this Agreement or any of its part.

 

1.3. This Agreement includes this License, TIW Limited Warranty, Privacy Policy, and other documentation placed on the Website that may be amended or changed from time to time by TIW at its own discretion. Amendments or changes shall enter into force from the date of publication on the Website, unless otherwise is provided by TIW. You shall visit on a regular basis the Website for the purpose of to be informed of such amendments and changes.

 

 

2. License and restrictions

 

2.1. Subject to the terms, conditions and restrictions of this Agreement, TIW grants to you a limited, non-transferable, nonexclusive, revocable, worldwide (subject to any legal restrictions on export or use) license (without the right to sublicense) to download and run the AUSWEIS software on a single compatible Device that you own or control in accordance with the applicable Licensed Software and Device documentation and instructions, solely for your own personal non-commercial purposes in order to operate the Device. Such documentation and instructions shall be considered part of the Licensed Software. The AUSWEIS software IS LICENSED, NOT SOLD, to you by TIW for use only under the terms of this Agreement.

 

2.2. TIW and/or TIW’s licensors retain ownership of the AUSWEIS software and reserve all rights not expressly granted to you.

 

2.4. TIW, at its discretion, may make available future upgrades or updates to the AUSWEIS. Upgrades and updates, if any, may not necessarily include all existing software features or new features that AUSWEIS releases for newer or other models of AUSWEIS-branded Device. The terms of this License will govern any AUSWEIS upgrades or updates provided by TIW that replace and/or supplement the original AUSWEIS, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.

 

2.5. You shall only be permitted to use the AUSWEIS and any related documentation in accordance with terms and conditions of this License. The AUSWEIS and any related documentation are not intended and applicable for, and not licensed for, any other purpose.

 

 

2.6. License Coverage

 

(i) If you are a legal holder of the AUSWEIS Device, and unless otherwise determined by TIW on the Website or the relevant agreement between you and TIW, apart from the other rights specified in paragraphs 2.1 through 2.5 of this Agreement, this License grants you a royalty-free right to use up to ten (10) copies of the AUSWEIS Software that allows to access your premises where the AUSWEIS Device is installed (the "Keys"), subject to the terms and conditions of the relevant documentation and instructions of the AUSWEIS Device, this Agreement, and other documents posted on the Website, which may be changed from time to time by TIW's own decision.

 

(ii) The Keys may be used solely for your personal non-commercial purposes, for the purpose of managing your AUSWEIS Device. One Key can be installed only on one compatible mobile device (mobile phone, tablet, etc.). You, as the legal copyright holder of the AUSWEIS Device, may deliver possession of the Keys to authorized third parties (the "Allowed Third Parties") while remaining fully responsible for the transfer of Keys, for the actions or inactions of the Allowed Third Parties, and for informing the Allowed Third Parties about and their compliance with the terms and conditions of this Agreement, as well as other documents placed on the Website and to ensure their fulfilment by authorized third parties. 

 

(iii) If you need additional Keys, you as the legal holder of the AUSWEIS Device, should submit an order on the Website or in the Application, or through other accessible means defined by TIW (the "Order") and determining the required number of additional Keys.

 

You may also be prompted to use the AUSWEIS service, which provides a temporary (time limited) opportunity to generate additional Keys without quantitative restrictions (hereinafter referred to as "Time-Limited Subscription"). During submission of the respective Order you may choose the provision and timeframe of the Time-Limited Subscription according to terms and conditions that TIW may offer.

 

TIW may, at its own discretion, confirm the possibility of providing additional Keys, including but not limited to under terms of Time-Limited Subscription, or refuse such provision without explanation. TIW is entitled to grant the right to use additional Keys for a fee according to terms and conditions that TIW may offer.

 

(iv) This License, including the Keys (sublicenses) specified in this Section 2, allows you as the legal holder and Authorized Third Parties defined by you to use the AUSWEIS Software only with respect to your AUSWEIS Device, which was acquired by on the legal basis and only accordingly to the specifications and instructions of the AUSWEIS Device, which accompany the AUSWEIS Device, or which are published, or will be published on the Website or updated by TIW from time to time.

 

 

3. Restrictions

 

3.1. General Restrictions. You shall use the AUSWEIS software solely as licensed hereunder. Except as otherwise provided herein or expressly agreed by TIW, you may not, and will not allow a third party to:

 

(a) sell, lease, license, sublicense, assign, distribute or otherwise commercially exploit, or otherwise transfer or encumber by any means (including by lien, hypothecation or otherwise) the AUSWEIS software in whole or in part;

 

(b) provide, make available to, or permit use of the AUSWEIS software in whole or in part by, any third party, including contractors, without TIW's prior written consent, unless such use by the third party is solely with your consent and on your behalf, is strictly in compliance with the terms and conditions of this Agreement, and you are liable for any breach of this Agreement by such third party (a "Permitted Third Party");

 

(c) copy, reproduce, distribute, republish, download, upload, display, post or transmit the AUSWEIS software in any way or in any form;

 

(d) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code (or underlying ideas, algorithms, structure or organization) from the the AUSWEIS software in whole or in part (except as affirmatively required under applicable law);

 

(e) modify, deconstruct or create derivative works based upon the AUSWEIS software in whole or in part (except as affirmatively required under applicable law);

 

(f) use the AUSWEIS software to create a competitive offering;

 

(g) share or publish the results of any benchmarking of the AUSWEIS software without TIW’s prior written consent;

 

(h) any future release, update, or other addition to functionality of the AUSWEIS software shall be subject to the terms of this Agreement, unless it is expressly stated otherwise; and

 

(i) all use shall be in compliance with applicable local law of your place of residence or place of use the AUSWEIS software. 

 

2.6. Specific Restrictions. This License permits the use of the AUSWEIS software only in accordance with specifications and instructions accompanying the AUSWEIS Device purchased or published at the Website. It is a violation of this Agreement to create, set-up or design any hardware, software or system which alters the number of AUSWEIS software licensed, or readable IP addresses, users, number of cores or exceeds the maximum throughput capacity presented to the AUSWEIS software with the intent, or resulting effect, of circumventing the AUSWEIS.

 

The rights set forth in this License do not give you permission to install, use, or launch the AUSWEIS software on any device other than the AUSWEIS Device, and you agree not to perform such actions or to provide such facilities to other persons. You may not take, rent, lease, sell, distribute or sublicense the AUSWEIS Software.

 

 

4. Device and AUSWEIS software Usage

 

4.1. In order to operate you’re the Device you must do the following:

 

(1) have a compatible mobile device on which to download the Application;

 

(2) download the Application; and

 

(3) create an account at the Web-site or at the Application in order to operate the Device (the “Account”) and to access and use our AUSWEIS software or Application and other AUSWEIS services.

 

4.2. It is your own responsibility to keep your Account information accurate and up to date at all times. You agree to abide by, and use the AUSWEIS software, Application and Account in accordance with the documentation provided to you in connection with the AUSWEIS software, Application or Account, and any additional terms of service that we may post in connection to your Account or the AUSWEIS.

 

4.3. It is your own responsibility to maintain the security of your mobile device, the Device, AUSWEIS software, Application and Account, and you must take reasonable measures to protect your Account information and access to your Application, your mobile device, AUSWEIS software and the Device.

 

4.4. All use of the AUSWEIS software, including but not limited to through your Account (by you or others) - is your own responsibility. To the fullest extent allowed by law, you hereby agree to indemnify and hold harmless TIW, its directors, employees, agents or other partners from any liability arising out of or relating to the misuse of your Account, AUSWEIS Software, Application, your mobile device or the Service, or your negligence, willful misconduct or breach of this Agreement. 

 

4.5. PLEASE READ THE INSTRUCTIONS: Your license to the AUSWEIS software is subject to your compliance with the instructions provided by TIW or TIW’s contractors or partners at the time of receipt of any AUSWEIS products or published on the Website.

 

5. Terms of Use

 

5.1. Prior to first use of AUSWEIS software you may be offered to create an account and specify login (User’s Service ID) and password, or undergo authorization procedure by synchronizing User’s account in social network, e-mail (hereinafter referred to as “authorization”). During authorization, you agree to entitle TIW to use your login, access to contacts and account settings.

 

5.2. Confirmation of user data:

 

(i) TIW reserves the right, but not an obligation, to require you to confirm the data specified during the authorization;

 

(ii) If, since the Account has been opened, any of your registration data has changed, you need to make the appropriate changes to your Account;

 

(iii) You are responsible for the authenticity of the information and documents provided.

 

5.3. TIW reserves the right to refuse your authorization without explaining the reason, including prohibiting repeated authorization / registration attempts in the future.

 

5.4. You are fully responsible for all actions taken under your Account, including maintaining in confidence passwords and other personal data.

 

5.5. Hereby you also agree that TIW shall not bear liability for damages or losses caused to you as a result of using by third parties of your Account, your mobile device, Application, AUSWEIS software or the Device regardless of whether you have given permission to do so or not. Furthermore, you shall be responsible for any damages and/or losses caused to TIW or any third party in connection with the use by you or another person of your Account, your mobile device, Application, AUSWEIS software or the Device.

 

5.6. You shall be responsible for any information and/or content created, submitted, published, posted or transmitted in any other way by you with the help of the Application or at the Website (hereinafter collectively referred to as the “Service”) as well as for any actions taken by you in relation to the Service, AUSWEIS software or Application.

 

5.7. In the event of lodging claims by third parties regarding infringement of their intellectual property rights by you, the burden of proving its legitimacy shall be laid upon you.

 

5.8. You acknowledge that the information and content on the Service may be placed by other users, third parties and may be inaccurate, false, offensive, misleading and may contravene the law; and the TIW neither be liable for checking and approving the information and content posted by users or any third parties, nor for any loss or damage associated with it.

 

5.8. In order to ensure compliance with the conditions set forth herein we reserve the right to verify the information and content posted by you on  Service. We may, at our own discretion and at any time without any explanation to you, block, delete or in any other way cease placing any information, content by any user or any third parties on  Service. Such measures taken by the TIW shall not be construed as recognition by the TIW of its liability for breach of any legal rights and interests of third parties or waiver of any of its rights.

 

 

6. Responsibility for Your Use

 

6.1. By using the Service You confirm that confirm that you are a capable individual who has reached the age of 18 or another minimum age, established by the legislation of your country or region, according to which you have the right to independently conclude contracts that are legally binding, including the right to conclude this Agreement and other applicable Mandatory documents, or to act solely with the consent of both parents / guardian in accordance with the laws of your country or region.

 

6.2. You should control and make timely payments for mobile, Internet and other communication services provided by suppliers of such services (hereinafter referred to as “Communication services”), as well as to maintain technical operability and serviceability of your computer (mobile) devices and anti-virus software. All and any tariffs and prices for Communication services are established by providers of such Communication services. TIW will not perform control over or make any payments for any Communication services.

 

6.3. In addition to the other terms and conditions set forth in this Agreement, you shall also:

 

(a) provide true, accurate and complete information about yourself and your contact details when authorizing and update it in a timely fashion;

 

(b) use the AUSWEIS software in accordance to this Agreement and applicable laws of the country where you live. It is your responsibility for the rightful use the AUSWEIS software in the country where you live or use the AUSWEIS software;

 

(c) not to use the AUSWEIS software individually or through a third party for purposes which may be qualified as a violation of intellectual property rights, unfair competition and other violation of the law;

 

(d) not to be involved in illegal or criminal activities, including but not limited to, use of fake identity, deliberate placement on the Service the information, content aimed at discrediting or humiliating honour and dignity of third parties; mislead; violate the intellectual property rights of third parties; violate the rights of privacy of third parties; place pornography, calls for violence, aggression, war, and any other information being restricted or prohibited;

 

(e) not to violate copyrights, trademarks for goods and services, patents, databases, and/or other intellectual property rights owned or used by TIW or third parties;

 

(f) not to use personal data, private information of third parties without their prior consent; not to illegally collect and process personal data of other persons by using of the Service or the AUSWEIS software;

 

(g) not to place on the Service advertisements, promotional materials, commercial and service offers or requests to transfer money, except cases where we have previously gave our consent for such placement;

 

(h) not to perform actions that may affect proper operation of  Service or are interpreted as unfair use;

 

(i) not to spread viruses, Trojans and other malicious programs;

 

(j) not to create, send, respond to mass messages, calls, unsolicited commercial communications (UCC), spams;

 

(k) not to threaten, intimidate or harass other users;

 

(l) individually and at your own expense settle all claims of third parties related to your activities in connection to the use of  Service (specifically, in publicizing information that is untrue, aimed at discrediting or humiliating honour and dignity of person, etc.).

 

 

7. Availability and termination

 

7.1. TIW reserves the right at any time and for any reason to modify or discontinue, temporarily or permanently, the work of all or any part of the Service and/or any of TIW’s software, facilities and services provided within this Service with or without notice and/or establish general principles and restrictions with regard to their use. The AUSWEIS software and its operation may be suspended temporarily or permanently due to circumstances beyond TIW’s control, such as technical errors, natural disasters and other circumstances of insuperable force.

 

7.2. In the event of your breach of any provisions of this Agreement we reserve the right at any time at our own discretion to terminate or block your Account, stop spreading by you of any information or content by blocking or removing them and with no explanations neither to you, nor to any third party. In some cases, for the purpose of identification or confirmation of your breach of this Agreement, we reserve the right to access all information, content placed by you while using the Service or AUSWEIS software and by accepting this Agreement you acknowledge and agree that we may conduct such review.

 

 

8. Third Party services and information

 

8.1. Service may contain links to websites, apps, any information and/or content of third parties. Placing such links shall not mean that we approve them. We are not responsible for Websites, apps, any information and/or content placed under such links, as well as for any negative consequences in this regard, and you shall waive any claim to us related to such links. By using information or content of third parties, you agree to be familiarized with the Agreement of use, privacy policy and other documents of third parties. You bear all risks and liability arising from your use of this links, including but not limited to, browsing, viewing, access, download and any use of the third-party information, content, third-party web sites, applications links to which may be specified while using the Service.

 

8.2. Any information, content posted by third parties within the Service or with its help shall be the property of third parties. TIW does not provide to you or any other persons with any rights and licenses for intellectual property rights of such third parties.

 

 

9. Intellectual Property Rights

 

9.1. AUSWEIS software, Service, all and any of its components (including analytical, technical, graphical and other documentation, materials, trademarks, logos, slogans, leaflets and other promotional materials published at the Service) (hereinafter referred to as "Intellectual Property") are owned by TIW or TIW’s partners and protected by the law in the field of protection of intellectual property rights. All rights are reserved.

 

9.2. TIW reserves exclusive right for AUSWEIS software and Service ownership, use and disposition (all intellectual property rights) (including: style, users’ reviews and content translated), and neither you nor any other person shall have no right to reproduce, copy, redistribute, analyse screen data, create links to AUSWEIS software or Service, make posts or use of AUSWEIS software or Service in any other way  for commercial purposes (including any translations made by Users’ reviews) including use of brand or logo without written consent of TIW. Any unauthorized use or any of the above actions shall be deemed material breach of TIW’s intellectual property rights (including copyright).

 

9.3. Unless otherwise provided in this Agreement and/or TIW’s written consent, you shall not take actions violating TIW’s intellectual property rights, including but not limited to, sale, import, export, licensing, leasing, introducing changes, distribution, copying, reproduction, transmitting, public demonstration, public performance, publication, adaptation, editing or creating derivative works from materials, design elements or content of AUSWEIS software or Service. Use of content, materials and other items being TIW’s intellectual property for any purpose not expressly specified in this Agreement is prohibited.

 

9.4. By using our Service you guarantee us that you are the owner or hold all necessary rights, licenses, written consent and approvals of third parties to use and grant us the right to use all intellectual property rights with regard to all information, content posted, uploaded or in any other way transferred within the Service or with its help under this Agreement.

 

9.5. By posting or uploading or in any other way transmitting any information, content within the Service or with its help (except for the user’s data defined by the Privacy Policy), you provides us with a nonexclusive, royalty-free, perpetual, assignable, worldwide license to use in any way known with the right to edit, change, incorporate, combine, customize, record and reproduce, distribute, publish, use in advertising, for commercial purposes, rental, tenancy, export, import, sale, dissemination or otherwise alienation of any information, content (including trademarks) and other items of intellectual property posted, published, provided, downloaded, stored, sent and received by you within the Service or with its help.

 

 

10. Disclaimer of Warranties

 

10.1. If you are a customer who is a consumer (someone who uses the AUSWEIS software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

 

10.2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE AUSWEIS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE AUSWEIS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

 

10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUSWEIS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXCLUDING THOSE THAT ARE DIRECTLY INDICATED IN TIW LIMITED WARRANTY LOCATED AT THE WEBSITE AT HTTPS://WWW.AUSWEIS.IO. TIW AND TIW'S LICENSORS (COLLECTIVELY REFERRED TO AS “TIW” FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AUSWEIS SOFTWARE AND TIW’S 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.

 

10.4. TIW DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AUSWEIS SOFTWARE AND TIW SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE AUSWEIS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AUSWEIS SOFTWARE OR TIW’S SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY TIW’S SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE AUSWEIS SOFTWARE OR  SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE AUSWEIS SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF AUSWEIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. 

 

10.5. YOU FURTHER ACKNOWLEDGE THAT THE AUSWEIS SOFTWARE AND TIW’S SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE AUSWEIS SOFTWARE OR TIW’S SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE ACCESS CONTROL SYSTEMS, OPERATION OF COMMUNICATION SYSTEMS.

 

10.6. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TIW OR A TIW AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE AUSWEIS SOFTWARE OR TIW 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.

 

10.7. You acknowledge that the Device and AUSWEIS software are not certified for emergency response, and should not be used for this purpose. TIW does not monitor emergency notifications, and is not responsible for dispatching emergency services to your home.

 

 

11. Limitation of Liability

 

11.1. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TIW 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 OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AUSWEIS SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE AUSWEIS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TIW 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 TIW's 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 US dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

11.2. In case you are not satisfied with the terms and/or quality of AUSWEIS Software, you must stop using the AUSWEIS Software and the Device. In this case the conditions of Section 1.1 of this Agreement shall apply.

 

11.3. You are solely responsible before third parties for your activities while using the AUSWEIS software and/or Service, including but not limited to downloading images, if you violate the rights or legitimate interests of third parties.

 

11.4. You agree to hold TIW, its subsidiaries and affiliates and their founders, directors, officers, employees, partners and members harmless against any disputes and disagreements, complaints, claims (hereinafter referred to as “claims”) and undertakes to reimburse such persons any loss, damage, expense (including fees and expenses for legal and/or lawyer services) that have arisen or may arise in respect of: (i) your use of AUSWEIS software, Application or Service, or any other our Services or products; (ii) violation by you (or any third party acting on your behalf or under your permission) of any provision of this Agreement or Privacy Policy or the terms of the documents they refer to; (iii) our use of your personal data and/or content; (iv) violation by you of any law or rights of any third parties, including rights or interests of other service providers.

 

11.5. If you fail to fulfil your obligations under this Agreement, we may, at our own discretion, take measures aimed at prevention of such violation. We are entitled to block access, fully or partially, to AUSWEIS software or any other Service until you stop or eliminate such violations or possible occurrence of violations.

 

 

12. Applicable Law and Disputes Resolution

 

12.1. This Agreement shall be governed by law of Switzerland (the “Applicable Law”) in all respects (including formation) without regard to principles of law that might make the law of some other jurisdiction applicable (conflict of laws). The UN convention on Contract for the International Sale of Goods, of April 11, 1980 shall not apply.

 

12.2. In the event of any dispute or differences arising between the parties hereto out of or in connection with this Agreement or their validity or of any documents arising from it or made a part hereof or any amendments thereto, the parties shall endeavor to reach an amicable agreement, but if such agreement is not reached then, all disputes arising in the connection with these terms shall be resolved, to the exclusion of jurisdiction of courts of Switzerland.

 

12.3. For the purposes of disputes settlement between the you and TIW an effective and binding mean of communication with the authorized representative of TIW shall be correspondence through the following e-mail: info@ausweis.io.

 

 

13. Effect, Termination and Modification of the Agreement

 

13.1. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from TIW if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the AUSWEIS Software. Sections 10, 11, 12, 13 and 14 of this License shall survive any such termination.

 

13.2. The TIW shall have the right to incorporate changes or amendments to this Agreement at any time without any special message by placing a revised version of the Agreement on the Website. The revised version of the Agreement shall enter into force from the date of its placing on the Website, unless otherwise stipulated by the revised version of the Agreement.

 

13.3. Any changes incorporated into this Agreement shall remain in effect upon availability of the express consent of TIW.

 

13. 4. In the event you do not accept revised version of the Agreement, you must stop using the AUSWEIS software as well as attend, view, download or use any other Service under the mark AUSWEIS in any other way.

 

13.5. The absence of objections from you expressed in the form of cessation of use of AUSWEIS software shall be deemed as the consent with the revised version of the Agreement. Notwithstanding the possibility of ceasing the use of AUSWEIS software upon termination of this Agreement, you shall still be liable for obligations taken by you under this Agreement or that have been applied to you before termination of this Agreement.

 

 

14. Final provisions

 

14.1. Severability. Should any provision of this Agreement be considered invalid, illegal or impossible to be fulfilled in any respect and if it has no detrimental effect on the interests of the Parties, then: (a) such provisions shall not be deemed valid by the Parties and shall not be constituent part of this Agreement, and (b) all other provisions of this Agreement shall remain in full force and effect. To the extent permitted by the applicable law, the Parties shall waive the provisions of the law subject to which any provision of this Agreement is invalid, illegal or impossible to be fulfilled.

 

14.2. Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action and Internet disturbance, technical deficiencies etc.) that was beyond the party’s reasonable control.

 

14.3. Notifications. Hereby you agree that TIW may send notifications to you in the following manner: (i) by sending banner message (advertisement) relating to the Service and other TIW’s services, or (ii) by e-mail sent to the address provided by you, or (iii) by any means, including mobile number, telephone or mail, or DROTR messenger. You also agree to provide your valid contact information.

 

14.4. Communication. You and TIW agree that during the execution of this Agreement the information shall be transmitted via email.

 

14.5. Should any part of the Service or AUSWEIS software require payment in the future, the User shall comply with the additional conditions set out separately in respect of that part of the Service, which shall prevail in the event of conflict with this Agreement.

 

14.6. The AUSWEIS software shall not be be distributed or used in those countries where distribution or use of the AUSWEIS software or Service may violate local laws or create grounds for applying any of legal norms of such countries. TIW shall reserve the right to limit rendering the Service in any country.

 

14.7. You are not entitled to delegate your rights, right to claim and obligations under this Agreement without prior written consent of the TIW.

 

14.8. TIW shall have the right at its own discretion to delegate, assign or otherwise alienate its rights and obligations under this Agreement to other persons without prior notice and a written consent of the User.

 

14.9. Language. This Agreement is made in English. If any translation of this Agreement into another language conflicts with its version set out in English, then the version in English shall prevail and shall be used for any interpretation.

 

14.10. Open Source. The AUSWEIS software/firmware may contain third party software (including open source software). Open source software is subject to its own applicable license terms. Copyright notices and applicable open source terms can be found at https://www.ausweis.io. Copyrights to the third party and open source software are held by the respective copyright holders indicated therein.

 

15. Contacts

Technologies Improving the World AG

Zugerstrasse 1, 6330 Cham,

Switzerland

E-mail: info@ausweis.io

 

To comply with all TIW’s obligations arising under the GDPR (General Data Protection Regulation 2016/679) as of 25 of May 2018 TIW appoints the Representative, who represents TIW in the EU with regard of data processing (Representative). The Representative’s task is to monitor compliance with the GDPR and in cooperation with the TIW’s employees the Representative is your contact in EU for your enquiries, comments, complaints and claims regarding personal data protection.  

 

Representative details:

Technology Improves the World s.r.o.

Stodůlky, Nárožní 2787 / 7a, PSČ 158 00, Prague-5, Czech Republic

 

Enquiries, comments, complaints and claims relating to the protection of personal data may also be submitted via support@tiwinnovations.com.