SmartCapture Android Demo/Sample Code

Documentation can be found here: https://smartcapture-docs.idscan.cloud/docs/android/intro

End User License Agreement (“EULA”)

IMPORTANT!

READ CAREFULLY THIS EULA. BY ACTIVATING OR OTHERWISE USING ACUANT INC.’S SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR ACCESS THE SaaS SERVICE.

Acuant, Inc., a Delaware corporation (“Acuant” or “Licensor”), and you (“You” or “Licensee”) agree as follows:

1. Licensor hereby grants to You a non-transferable, non-exclusive, terminable, world-wide right to use Acuant’s proprietary interface (the “Application Program Interface” or “API”) consisting of a series of commands that will enable You to connect to Licensor’s Software from a specific device for processing and the return of data via the Internet or to a device via the same API.

2. If you proceed to access and use Licensor’s Software, Your use will be deemed to be your unequivocal consent to have Acuant process your personal identifiable information that can be used to identify you (“PII”) and which may also include biometric data. Your PII and biometric data will be used to authenticate the authenticity of the identity document You submitted to Licensor and/or verify that the picture on the identification document is, in fact, the person standing in front of the camera. Acuant will not store your PII or biometric data but rather, after processing a transaction and returning a response to You, Acuant will permanently delete your PII and biometric data from its servers. Should You not want your PII or biometric data used in the manner described above, do not use Licensor’s Software.

3. You agree (i) to prevent unauthorized access to, or use of, the Software and shall notify Licensor as soon as possible if You become aware of any unauthorized access or use; and (ii) only use your device to connect to the Software for lawful purposes and not violate any law of any country or the intellectual property rights of any third party.

4. You agree not to, and shall not permit any third party to (i) make available in any way for the use or benefit of any unauthorized party, the API, related materials or other proprietary information received from Licensor, in whole or in part, unless Licensor so consents in writing; (ii) reverse engineer, decompile or disassemble from or derive any source code from the Software or any components thereof except as permitted by law; (iii) remove, deface, obscure, or alter Licensor's or any third party's copyright notices, trademarks or other proprietary rights notices affixed to or provided as part of the Software; (iv) modify, incorporate into or use the API with other software, or create a derivative work thereof; (v) use any robot, spider, scraper, or other automated means to access the Software for any purpose without Licensor's written consent; (vi) attempt to access the Software via the Internet or from more than a single device; and/or (vii) use or display logos differing from Licensor’s own logos without Licensor’s prior written approval.

   Any violation by You of the provisions of this Section 3 shall constitute a material breach of this Agreement and shall immediately entitle Licensor to terminate this EULA and the license granted herein and to exercise any remedy available at law or in equity.

5. Title and full, exclusive ownership rights in the Software related documentation and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including aggregate information and data related to the usage thereof, and Licensor’s intellectual property, and any rights therein not explicitly granted to You hereunder, are reserved to and shall remain solely and exclusively proprietary to Licensor or its third party licensors.

6. The API and the accompanying written materials are protected by U.S. Copyright laws. Unauthorized copying of the API is expressly forbidden. You agree that You will not, without Licensor’s prior written consent, publish, communicate or disclose to any third party any part of the API in any way.

7. The API is provided “AS IS”. Licensor does not assume any responsibility or liability in respect of adverse effects, if any, due to any modification or adaptation made by You or any other third party in the API without Licensor’s prior written consent. Licensor does not represent or warrant that Your use of the Software will be uninterrupted or error free.

8. LICENSOR MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND LICENSOR SPECIFICALLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY AND NON-INFRINGEMENT IN CONNECTION WITH THE SAAS SERVICE OR THE API.

9. Licensor shall not incur any liability for indirect, incidental, special, punitive or consequential damages for claims arising from or related to this Agreement, including without limitation those resulting from the furnishing to or performance or use of the Software or any component thereof provided by Licensor, including but not limited to reliance, cover or loss of anticipated profits or convenience, even if You have been advised of the possibility of such damages. LICENSOR’S ENTIRE LIABILITY ARISING FROM OR UNDER THIS AGREEMENT, OR IN CONNECTION WITH THE FURNISHING, PERFORMANCE OR USE OF THE API TO ACCESS THE SAAS SERVICE, SHALL BE LIMITED TO US$500 (five hundred US Dollars).

10. This EULA shall remain in effect for the entire term of your access and use of the Software unless terminated by Licensor at which time Your use of the Software shall terminate.

11. This Agreement and any licenses granted hereunder may be terminated by Licensor upon written notice if You fail to comply with any of the terms and conditions of this EULA.

12. You acknowledge that the API is confidential and proprietary information and contains trade secrets of Licensor or its licensors developed at substantial expense to the developing party. You agree to treat the API and all documentation related to the Software with a reasonable degree of care and protection. You will remain obligated, both during the term of this EULA and thereafter, to hold in confidence any knowledge of the Software as a trade secret for the benefit of Licensor and its licensors.

13. This Agreement is to be governed by and interpreted in accordance with the laws of the State of Delaware, excluding that jurisdiction’s choice of law regulations or statutes.