Liga Software – End User License Agreement

 

Liga Software ApS for PersonalID, LocalID, CardID and GlobalID
January 2021 version: 5.0

1.   Definitions

License Terms: This refers to the current license terms.

The Party (Parties): Liga Software ApS and the End Customer each constitute a Party and together the Parties.

End User: The person using the Software covered by the License Terms.

End Customer: The (legal) person who has acquired rights under the License Terms.

Licensed Product: The Software covered by this license agreement.

Software: The executable code and associated documentation - in any form.

2.   The License

2.1  Scope of the License

The license terms come into force upon the End Customer's acquisition of the Software.

The End Customer alone acquires either an unlimited, non-transferable right to use the Software or, in the event of a subscription, a right to use within the agreed start and stop dates.

The License gives End Customer alone access to use the Software internally for processing their own data and for their own purposes. The Software cannot, therefore, be made available to others (including use by the End User) to carry out tasks for other legal entities.

The Software may only be operated by the End Customer's own End Users.

The Software cannot be leased, loaned or sublicensed to others.

The end customer is forbidden to embed or incorporate the Software or any portion thereof into any other software, system, or application, for purposes of distribution, resale or otherwise.

2.2  Ownership

No transfer of ownership of any intellectual property will occur under this license agreement. 

2.3 Copying

End Customer may make one copy of the Licensed Product for archival purposes or when it is an essential step in authorized use including making backups and investigations.

The Licensed Product must not be made available on a public or external distributed network. End Customer may not allow access to the Licensed Product on an intranet unless it is restricted to authorized users.

Under the License Terms, the End Customer does not acquire proprietary right or copyright or rights other than those given here.

2.5  Restrictions

End Customer is forbidden to modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of the Software or any part thereof.

The software includes the right to use limited functionality as listed below in the following modules:

  • eDirectory including the sub-components:

    • LDAP

    • SecretStore

    • Replication

    • CA functionality

    • Universal Password

    • DSBK for backup

  • Identity Manager including the drivers:

    • LDAP driver

    • SOAP/REST Driver

    • Tools/Textfile driver

    • Loop Back Driver

    • eDirectory to eDirectory

    • AD Driver including AD Password Sync/Filters

  • iManager with plugins for the products above 

  • Designer

2.6  Global Trade Compliance

End Customer agrees to comply with the trade-related laws and regulations of the U.S. and other national governments.  If End Customer exports, imports or otherwise transfers the Licensed Products, End Customer will be responsible for obtaining any required export or import authorizations.     

2.7  U.S. Government

A separate license agreement must be obtained if the product is used in the performance of a U.S. Government prime contract or subcontract.

2.8  Third Party Programs

The Licensed Products (which for the purposes herein shall include Updates) may include third party software programs that are subject to open source, freeware, or pass-through commercial licenses and/or notices that are required to be distributed with the Licensed Products.  These licenses and notices are available to End Customer in files in the Licensed Product directory, in documentation that accompanies the Licensed Products or via a supplementary list provided. End Customer shall not remove these agreements and notices. Any covenants, representations, warranties, indemnities, and other commitments with respect to the Licensed Products in this agreement are made by Liga Software ApS and not by any authors or suppliers of, or contributors to, such open source, freeware, or commercial programs. This agreement does not modify or abridge any rights or obligations that End Customer may have under the third-party licenses included with the Licensed Product.  End Customer’s use is subject to the rights and obligations under the applicable open source, freeware, or pass-through license. Any third-party program that is separate from, but delivered with the Licensed Products, if any, is provided and licensed solely under the applicable open source, freeware, or commercial pass-through license for the program.

2.9  Termination or Expiration of Licenses

Immediately upon termination or expiration of the licensing agreement, End Customer will destroy the Licensed Product and documentation and any copies or return them to Liga Software ApS.  End Customer may keep one copy of the Licensed Product and documentation for archival purposes.  Liga Software ApS may ask End Customer to certify in writing that End Customer has complied with this section.

2.10  Anti-Corruption Laws

End Customer acknowledges that End Customer is familiar with the provisions of the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act and other similar anti-corruption legislation in other jurisdictions where End Customer does business or which otherwise apply to End Customer (together, “Anti-Corruption Laws”).  End Customer agrees that End Customer shall not, in connection with the transactions contemplated hereby, make any payment or transfer anything of value to, offer, promise or give a financial or other advantage to, or request, agree to receive or accept a financial or other advantage from, either directly or indirectly: (a) any government official or employee (including employees of a government corporation or public international organization); (b) any political party or candidate for public office; or (c) any other person or entity with an intent to obtain or retain business or otherwise gain an improper business advantage.  End Customer further agrees that End Customer will not take any action which would cause either End Customer or any direct or indirect licensor to be in violation of the Anti-Corruption Laws.  End Customer agrees to promptly notify Liga Software ApS if End Customer becomes aware of any such violation.  In case of breach of the above, Liga Software ApS may suspend or terminate End Customer’s rights under these License Terms at any time with-out notice or liability.                                     

3.   Operation

3.1  By Third Parties

The End Customer is entitled to entrust the mechanical operation of the Software to a third party who handles the mechanical operation on behalf of the End Customer.

The End Customer is obliged to ensure that the operator in question accedes to an agreement stating the License Terms, so that the operator is aware of these License Terms and is obliged to comply with them.

The operator is not entitled to grant access to the Software to anyone other than the End Customer and their End Users.

4.   Warranty

4.1  Scope

Liga Software ApS guarantees that the Software will function predominantly as described, but not that the Software is free from errors or omissions.

Liga Software ApS guarantees that the medium on which the Software is delivered is free from errors and omissions.

Liga Software ApS does not guarantee that the Software is suitable for any particular purpose or that the Software can tackle tasks or problems for the End Customer or their End Users, regardless of whether the End Customer or their End Users have made their wishes known.

Warranties or assurances not expressly included in the License Terms cannot be asserted in relation to Liga Software ApS.

4.2  Complaints Period

Complaints in relation to the above guarantees must be in writing and received by Liga Software ApS within a period of 90 days from the End Customer's acquisition of the Software.

4.3  Commitment

In the event of errors or omissions in the medium, Liga Software ApS's sole obligation is to submit the Software in a new medium. To this end, there is no subsequent obligation on the part of Liga Software ApS.

Errors and/or omissions in the Software that Liga Software ApS may be made aware of will, only at the discretion of Liga Software ApS, be rectified in the form of new releases or versions of the Software, which Liga Software ApS may periodically choose to release.

4.4  Third-Party Rights

Liga Software ApS owns or represents the owners of the copyright to the Software. If the End Customer encounters a claim from a third party, contending that the Software or the End Customer's use thereof infringes the rights of third parties, the End Customer is obliged immediately to inform Liga Software ApS in writing of this and to hand over the conducting of the case to Liga Software ApS. Liga Software ApS has full command of the case. In this context, the End Customer is only entitled to compensation for necessary legal costs.

The End Customer is, to a reasonable and usual extent, obliged to provide Liga Software ApS with such information that Liga Software ApS may need to conduct the case.

Liga Software ApS may - at its option - terminate the infringement by

a)      Ensuring the End Customer, the necessary rights to the Software, or

b)     Submitting other software, or

c)      Changing the Software, or

d)     Refunding the End Customer, the full price of the Software.

In addition, the End Customer has no claim for compensation or indemnity for such violations.

5.   Indemnity

5.1  Limitation of Loss Types

Liga Software ApS is in no way responsible for indirect loss, consequential loss, data loss and time loss. Indirect losses also include lost or absent income and/or savings.

The End Customer is aware that the general rules of Danish law regarding compensation have been waived.

5.2  Maximum Indemnity

Liga Software ApS's total liability for the End Customer's proven losses is limited to the least of the following two amounts: i) the End Customer's payment to Liga Software ApS for the Software and ii) DKK 100,000 (One hundred thousand Danish kroner).

6.   Governing Law and Jurisdiction

6.1  Governing Law

The license terms are governed by Danish law, and any dispute relating to the License Terms or resulting from the Software must be settled under Danish law. The Parties are aware that the License Terms deviate from the general rules of Danish law.

6.2  Jurisdiction

Disputes must be settled in the ordinary courts with Liga Software ApS's competent court as venue.