End User License Agreement
Last Updated: October 16, 2019
Thank you for using Blink Identity’s enrollment software (the “Software”). This Software and accompanying documentation is licensed and not sold. This Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Blink Identity, Inc. owns intellectual property rights over the Software. The End User License Agreement (the “Agreement”) is a legal agreement between you (“Licensee”, “you” or “your”), and Blink Identity, Inc. (“BLINKIDENTITY”, “we”, “our” or “us”). The Licensee’s license to use, copy, or change the Software is subject to these rights and all the terms and conditions of this Agreement. To access and use the software and services, the licensee must have access to the internet.
Acceptance
You accept and agree to be bound by the terms of this agreement by selecting the “accept” option and accessing or using the software. You must accept and agree to all terms of this agreement before accessing or otherwise using the software or any of the services that may be provided by Blink Identity, Inc. under this agreement.
If you do not agree to all of the terms of this agreement, you must select “decline” and you are not granted any rights whatsoever in the software or services. If you are not willing to be bound by these terms and conditions, you may not access or otherwise use the software or services.
License Grant
License grant is subject to the terms and conditions of this Agreement, including the payment of any applicable subscription fees. Blink Identity grants you a personal/professional, limited, non-exclusive, non-transferable license to electronically access and makes use of the Software to enroll in the Blink Identity network.
In addition to the Blink Identity enrollment software, the term “Software” includes any other programs, tools, internet-based services, components and any “updates” (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases) of the Software that Blink Identity provides or makes available to you. You are entitled to download any documentation that Blink Identity makes available to other users of the Software. Certain Software may be accompanied by and will be subject to, additional terms. The Agreement does permit the creation of multiple users per license in certain levels of access. For further information regarding the Software, please contact:
Representative: Blink Identity
Address: 3616 Far West #117-258
Austin, Texas 78731 USA
Phone Number: (512) 957-0624
E-mail Address: info@blinkidentity.com
Restrictions
You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following:
Restrictions on Use:
Access or attempt to access any other Blink Identity systems, programs or data that are not made available for public use;
Work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law;
Perform or attempt to perform any actions that would interfere with the proper working of the Software or Services;
Prevent access to or the use of the Software or Services by Blink Identity’s other licensees or customers;
impose an unreasonable or disproportionately large load on Blink Identity’s infrastructure.
Restrictions on Transfer:
Permit any third party to benefit from the use or functionality of the Software or Services via a rental, lease, sublicense, timesharing, service bureau, or otherwise, transfer any of the rights granted to you under this Agreement.
Restrictions on Alteration:
Modify the Software or create any derivative work of the Software or its accompanying documentation;
Derivative works include but are not limited to translations;
Alter any files or libraries in any portion of the Software;
Reproduce the database portion or create any tables or reports relating to the database portion.
Otherwise, use the Software except as expressly allowed under this Section 2;
Copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the materials accessed and made available by the Blink Identity enrollment software and the Blink Identity website.
Reservations of Rights and Ownership
The Software is licensed not sold, and Blink Identity reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret, and other intellectual property laws. Blink Identity and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software, its documentation, or any related impressed materials and electronic/online documentation. This Agreement does not grant you any rights to trademarks or service marks of Blink Identity.
Registration/License Data
To use the Software and Services you must:
Provide true, accurate, current and complete information as requested by the enrollment process (the “Enrollment Data”);
Maintain and promptly update the Enrollment Data to keep it accurate, current and complete. If you provide any Enrollment Data that is inaccurate, not current or incomplete, or Blink Identity has reasonable grounds to suspect that is inaccurate, not current or incomplete, Blink Identity may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).
License Access Information and Account Data
You are solely responsible for:
Preventing unauthorized access to or use of the information, files or data that you store or use in or with the Software and Services (collectively, ” Account Data”);
You agree to immediately notify Blink Identity if Licensee becomes aware of any loss, theft or unauthorized use of any Licensee Access Information. Blink Identity reserves the right to deny you access to the Software or Services (or any part thereof) if Blink Identity reasonably believes that any loss, theft or unauthorized use of Licensee Access Information has occurred.
You must inform Blink Identity of, and hereby grant Blink Identity permission to use, Licensee Access Information, enabling Blink Identity to provide the Services to you, including updating and maintaining Enrollment Data, addressing errors or service interruptions, and enhance the types of data and services Blink Identity may provide to you in the future.
Software Use, Storage, and Access
Blink Identity shall have the right, in its sole discretion and with reasonable notice posted on the website and/or sent to your email address provided in the Enrollment Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Software and Services, temporarily or permanently, including but not limited to:
The number of times you may update your data (“Scan”) in the Software in a given period of time.
Blink Identity reserves the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change.
You may reject changes by discontinuing use of the Software and Services to which such changes relate. Your continued use of the Software or Services will constitute Licensee’s acceptance of and agreement to such changes.
Blink Identity may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. In such situations, Blink Identity will always attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Feedback
Blink Identity may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about its online products and services (“Feedback”). You agree that Blink Identity may, in its sole discretion, use the Feedback you provide to Blink Identity in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating to it. You hereby grant Blink Identity a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information you provide to Blink Identity in the Feedback.
Privacy
For details about Blink Identity’s privacy policies, please refer to the Blink Identity Privacy Statement contained in the Blink Identity privacy policy link on the Blink Identity website relating to the software product you licensed. You agree to be bound by the applicable Blink Identity privacy policies, as it may be amended from time to time in accordance with its terms.
Disclaimer of Warranties
The software and services are provided “as-is” and “as available” to the maximum extent permitted by applicable law. Blink Identity, its affiliates, licensors, third-party content or service providers disclaim all guarantees and warranties, express, implied or statutory, regarding the software and services, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. Blink Identity does not warrant that the software or services are secure or free from bugs, viruses, interruption, errors, identity theft, threat of hackers, other program limitations, or that the software or services will meet your requirements. Blink Identity attempts to ensure that your account data stored on Blink Identity’s servers is safe and secure by employing reasonable, industry-recognized security and virus safeguards, and conducting routine system maintenance and monitoring. Any implied warranties are limited in duration to 30 days from the date of purchase or delivery of the software, as applicable. This warranty gives you specific legal rights.
Limitation of Liability and Damages
The entire cumulative liability of Blink Identity for all matters arising from or relating to this agreement shall be limited to the amount paid by you for the software or services, as applicable. To the maximum extent permitted by applicable law, Blink Identity shall not be liable for any indirect, special, incidental, exemplary, or consequential damages or for any damages relating to loss of business, telecommunication failures, loss, corruption, security or theft of data, viruses, spyware, loss of profits or investment, or the like, whether based in contract, tort (including negligence), product liability or otherwise, even if Blink Identity have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event will Blink Identity be liable for any loss, cost, liability or damage incurred as a result of your receipt of or participation in any third party services or third party websites. In no event does Blink Identity assume any liability to any party other than you arising out of your use or inability to use the software or services. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Blink Identity and you. Blink Identity would not be able to have provided the software or the services without such limitations.
Limitation on Time to Sue
Unless otherwise specified by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this End User License and related to the Software or Third-Party Services must be commenced within one year after the cause of action accrues.
Amendment
Blink Identity reserves the right, to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including but not limited to Internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Blink Identity determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Blink Identity sponsored website, including but not limited to www.blinkidentity.com. Any use of the Software by Licensee after Blink Identity’s publication of any such changes shall constitute your acceptance of this Agreement as modified.
Termination
Your rights under this Agreement may be terminated or suspended by Blink Identity immediately and without notice, if you fail to comply with any term or condition of this Agreement. Additionally, Blink Identity reserves the right (but has no obligation) to delete all Licensee Access Information and Account Data stored on Blink Identity’s servers if the subscription has been terminated or if you have not renewed a subscription for the Software. Upon termination, you must immediately cease using the Software and Services. Any cessation of this Agreement shall not affect Blink Identity’s rights. Further, you agree that upon termination of the Agreement as provided in this Section 14. Blink Identity shall not be liable to you or any third party for any termination of your access to the Software or deletion of the Licensee Access Information and Account Data. You agree to defend, indemnify and hold Blink Identity harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your authorized users’ violation of this Agreement, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right or invasion of any privacy rights. This obligation will survive the termination of the Agreement.
© Copyright Blink Identity, Inc. 2019