# MobileID
Last updated: 02/08/2023
Current version effective from: 02/08/2023
Page contents
# MobileID terms and conditions
# 1. Background, purpose and scope
1.1 These terms as applicable to the MobileID Products apply in addition to the terms of the Agreement and shall prevail in the event of conflict.
# 2. Definitions
2.1 In addition to the definitions made in the Agreement and to the definitions made elsewhere in this Appendix, the following definitions shall apply:
"MobileID Product": The products described in Exhibit A.
"Release": Any revision, update, upgrade, modification, correction, release, version, fix, program temporary fix, replacement product, patch, bug fix, or enhancement of the MobileID Product.
# 3. Rights and obligations
3.1 The Customer shall procure that the copyright notice included in Exhibit A in the header file of any distribution or resale of the MobileID Products.
3.2 The Customer is not granted any right to sublicense the Mobile ID Products, except for the Client API, as described in Exhibit A as part of a mobile client application developed by the Customer.
3.3. The Customer shall not offer or otherwise make available to any End User or other third party any Mobile ID Products or part thereof, which have been modified, amended or altered in any way without obtaining the Signicat's prior written consent, except for the creation of client applications containing the unmodified Client API.
# 4. Releases and support services
4.1 Signicat may replace any Release of the MobileID Products with another Release of the Mobile ID Products, which performs substantially the same functionality, including but not limited to, new versions and bug fixes. Signicat may also replace any third-party components of the Mobile ID products.
4.2 Signicat will send to Customer all Releases of Client API and App Defender, as defined in Exhibit A, as soon practically possible after such Releases have been made commercially available to Signicat and inform the Customer about changes effecting the delivery and implementation of the Mobile ID Product.
4.3 The Customer shall procure that any Release shall be implemented by the Customer and if applicable by the customer of Customer without undue delay and in no case later than six months after the Release. Signicat takes no responsibility for errors due to late adaption and implementation of new updates, versions or other.
4.4 Signicat shall not be obligated to provide any Support Services for any Mobile ID Products which are more than two (2) Releases behind the then-current Release of the Mobile ID Products that is being offered to Signicat’s other customers.
# Exhibit A: MobileID products
# Product description
Signicat MobileID is a reusable, low-friction, multi-factor mobile identity, authentication and payment authorization solution that can be integrated into customers’ native and web-based business applications. The solution offers fingerprint, facial recognition or PIN code for authentication and provides Strong Customer Authentication (SCA) satisfying PSD2 requirements. Security is ensured using proven, banking-grade technology such as encrypted backchannels, app hardening and device-based risk factors.
# Copyright notice
The Software and Software Documentation contain material that is protected by international copyright law. All rights not expressly granted to End User herein are reserved to Customer, Reseller or, as applicable its licensor. End User shall not remove any proprietary notice accompanying the Software.
# Exhibit B: MobileID Authenticator App - EULA
This End User License Agreement (“EULA”) is between the Licensor entity specified as Signicat and the licensee specified as the Customer ("Licensee").
# Definitions
“Documentation” means user guides, operating manuals, and release notes in effect as of the date of delivery of the applicable Software, made generally available by Licensor;
“Software” includes software products, Documentation, and Support Software licensed to Licensee under this EULA, including all copies made by Licensee and may, where the meaning so implies, refer to all of the Software or portions thereof;
“Software License” means a license for the Software granted under this EULA to the Licensee;
“Support Software” means all maintenance and support software, updates, upgrades, patches, fixes, modifications, ported versions, or new versions of the Software provided to Licensee pursuant to a Licensor maintenance and support program, together with all related Documentation provided to Licensee pursuant to such program.
# Software description
The Software offers Authentication functionality using mobile devices. This allows Licensee to add secure multi-factor authentication and digital signatures, based on mobile computing platforms (phones and tablets) into their business applications.
The Software is an extension to identity management and access control provided by Licensee. Licensee integrates relevant architecture with Signicat. Licensee may need to write an adaptor module to translate its processes to the Software. Signicat itself may depend on external services for the different mobile platforms supported by the Software.
# Terms of use
Support Services. Support services will only be provided for the most recent Major Release of the Software and the previous Major Release. “Major Release” means a new Release of the Software as indicated by a change to the number to the left of the decimal in the version number. For example, version 3.0 is a Major Release coming after versions 2.1 and 2.5.4. Notwithstanding the aforementioned Signicat will not provide support for Releases that are more than two (2) years past their release date. In order to receive support services, Licensee is required to provide proper connectivity mechanisms to provide access for Licensor’s staff to any Software system environment for which an issue is raised.
Grant of License. Licensor grants to Licensee a worldwide, nonexclusive, internal business use license for the term of years specified in the Agreement, to download, install and execute the Software identified in the Agreement.
Software and Documentation. Licensee may only make as many copies of the Software necessary for it to use the Software as licensed. Each copy of the Software made by Licensee must contain the same copyright and other notices that appear on the original copy. Licensee will not modify the Documentation. Documentation may: (a) only be used to support Licensee’s use of the Software; (b) not be republished or redistributed to any unauthorized third party; and (c) not be distributed or used to conduct training for which Licensee, or any other party, receives a fee.
General Restrictions. Except as provided in the Agreement Licensee will not and will not permit any other party to: (a) assign, transfer, give, distribute, reproduce, transmit, sell, lease, license, sublicense, publicly display or perform, redistribute or encumber the Software by any means, to any party; (b) rent, loan or use the Software for service bureau or time-sharing purposes, or permit other individuals or entities to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server or wireless or Internet-based device, or in any other way allow third parties to access, use, and/or exploit the Software; (c) use the Software, in whole or in part, to create a competitive offering; (d) charge a fee to any party for access to or use of the Software; (e) use the Software in a manner inconsistent with the License Documents.
Further Restrictions. Licensee will not disclose results of any benchmark or other performance, evaluation, or test run on or related to the Software. Except as expressly permitted under applicable law, Licensee will not modify, adapt, translate, reverse engineer, decompile, disassemble, decrypt, port, emulate the functionality, reverse compile, reverse assemble, or otherwise reduce or attempt to discover any source code or underlying structures, ideas, or algorithms of the Software or any confidential information or trade secret
Derivative Works / Improvements. Licensee is prohibited from creating any change, translation, adaptation, arrangement, addition, modification, extension, upgrade, update, improvement, (including patentable improvements), new version, or other derivative work based on, incorporating, or using, the Software. Notwithstanding, if any of the Software is provided to the Licensee in source code format (or any other format that can be modified), the Licensee may modify such portion of the Software for the sole purpose of using the Software in accordance with this EULA and Licensor will solely own all modified portions and Licensee will irrevocably assign to Licensor in perpetuity all worldwide intellectual property and any other proprietary rights in and to any modifications of the Software.
Interfacing and Interactive Software. Licensee may not permit any software products not licensed by Licensor to interface or interact with the Software, unless accomplished through the use of application program interfaces or through Software provided by Licensor.
Risk of Loss and Shipping Terms. The Software is deemed delivered when it is made available by Licensor for electronic download.
Licensor Support and Maintenance Program. All Support Software provided to Licensee under a Licensor maintenance or support program is governed by this EULA. The provision of maintenance and support services by Licensor if ordered and paid for by Licensee, will be governed by the terms and conditions set forth in the Agreement. During a term of Maintenance, pursuant to this section, Licensor will provide Licensee with copies of all new versions, updates, and upgrades of the Software (collectively “Upgrades”). Upon delivery to Licensee, Upgrades will become part of the Software and will be subject to the provisions of this EULA.
Audit. During the term of this EULA and for 12 months after, Licensee will maintain electronic and other records sufficient for Licensor to confirm that Licensee has complied with this EULA. Licensee will promptly and accurately complete and return (no less than 30 days) any self-audit questionnaires, along with a certification by an authorized representative of Licensee confirming that Licensee’s responses to the questionnaire accurately and fully reflect Licensee's usage of the Software. Furthermore, Licensor may once per year audit Licensee’s records and computer systems (including servers, databases, and all other applicable software and hardware) to ensure Licensee has complied with this EULA. Licensee shall cooperate with Licensor’s audit team and promptly and accurately respond to, database queries, location information, system reports, and other reports requested by Licensor and provide a certification by an authorized representative of Licensee confirming that information provided by Licensee accurately reflects Licensee's usage of the Software.
Conduct. Audits will be conducted during regular business hours and will not interfere unreasonably with Licensee’s business. Licensor will provide Licensee with 30 days prior notice of each audit. Licensee will allow Licensor to make copies of relevant Licensee records. Licensor will comply with all applicable data protection regulations.
Licensee’s indemnity in respect of claims by its users. Licensee agrees to indemnify and hold Licensor harmless against loss or threatened loss or expense (including without limitation attorneys’ fees) by reason of liability or potential liability for or arising out of any claims for damages by its end-users, customers or other client users of the Software. The internet is an inherently insecure medium and reliability cannot be assured. If a user stores banking, authentication or other confidential information using the Software the user accepts the risk to the security of that information and is responsible for its protection.
Effect of Termination or Expiration. Upon any termination of this EULA, or license granted pursuant to this EULA, or upon expiration of a term license: (a) all Software Licenses will immediately terminate; (b) Licensee will immediately cease all use of the Software; and (c) Licensee must either deliver to Licensor or destroy all copies of Software, Documentation, and Licensor confidential information in Licensee’s possession or control. Within 15 days after termination, an authorized representative of Licensee must certify in writing that all copies have been delivered to Licensor or destroyed. Any terms in this EULA which by their nature extend beyond termination or expiration of this EULA will remain in effect until fulfilled.
Attribution Notices. Licensee will not remove, modify, obscure, resize, or relocate any ownership, attribution, or branding notices from the Software.