Swissbit iShield Key Management Kit

Swissbit iShield Key Management Kit License V1.0

1. Scope of Agreement
  1.1. The Swissbit iShield Key management kit is intended to be used by customers
in conjunction with Swissbit iShield Key products. Swissbit has to that end developed and
is entitled to license to others, a package of device computer programs called
Swissbit iShield Key Management Kit, comprising of the Swissbit iShield Key Manager 
(ishield_key_manager), the Swissbit iShield Key Manager command line tool (iKMcli)
and the Swissbit iShield PIV Module (ishield_piv_module), (the "Software").
  1.2. Licensor is Swissbit AG located in Bronschhofen,
Switzerland ("Swissbit").
  1.3. This agreement sets forth the terms and conditions pursuant to which Swissbit will
license the Software in binary code supplied via the internet including a documentation in
English language to you.

2. Purpose of Use
  2.1. The Software has neither been developed for nor is it intended to be used in
connection with online control of aircraft, air traffic, aircraft navigation or communications,
or for the development, erection, operation or maintenance of nuclear installations.
You shall not use the Software for these purposes or in these fields.

3. Rights of use
  3.1. Subject to the terms and conditions of this Agreement, Swissbit hereby grants you a
non-exclusive, perpetual, and non-transferable license to use the Software solely for
operating Swissbit iShield Key products.
  3.2. You shall have the right to copy or reproduce the Software in its original form
solely in object code form to distribute to entitled recipients:
  a) You shall distribute the Software only in combination with or as part of a
Swissbit based iShield Key product.
b) You may not grant the third party any rights of use to the Software that are
more extensive than those set forth in this Agreement.

4. Open Source Licenses
  4.1. All affected third party licenses are listed in the license folder provided
together with the Software and are required to be respected by Swissbit licensee.
All licenses shall remain with the Software.
 Manager
5. Derivative Products
  5.1. You may, in your sole discretion, incorporate the Software into your products,
provided you comply with the terms and conditions of this Agreement.
  5.2. Title to and ownership of the Software incorporated into a Derivative Product
shall at all times remain with Swissbit, and you shall not have any title or 
ownership interest therein.
  5.3. Title to and ownership of any portion of a Derivative Product created by you
and not owned by Swissbit pursuant to section 5.2 shall be held by you.

6. Modifications
  6.1. Swissbit will in its sole discretion provide you with error corrections, bug fixes,
patches or other updates to the Software licensed hereunder in object code form to
the extent available in accordance with Swissbit’s future release schedules. 
  6.2. You may, from time to time, request that Swissbit incorporate certain features,
enhancements or modifications into the Software. Should you suggest any new feature,
enhancement or modification for the Software that Swissbit subsequently incorporates
into future versions of the Software, you hereby grant Swissbit a world-wide, non-exclusive,
royalty-free, perpetual right to use and incorporate such suggestions into the Software.
  6.3. Swissbit may, in its sole discretion, undertake to incorporate such changes
and distribute the Software so modified to all or any of Swissbit’s licensees.

7. Support
  7.1. Swissbit agrees to provide services to you to enable operation
of the Software.
  7.2. Such support services shall be remunerated according to the then actual Swissbit
service price list.

8. Limited Warranty
  8.1. Swissbit represents its belief that it is the owner of the entire right, title,
and interest in and to Software, and that it has the sole right to grant licenses
thereunder, and that it has not knowingly granted licenses thereunder to any other
entity that would restrict rights granted hereunder except as stated herein.
  8.2. Swissbit provides the Software without any further warranties or representations
whatsoever on an "as-is, where-is" basis "with all faults" known or unknown.
  8.3. Swissbit provides no guarantee for any Derivative Products created by 
incorporating the Software. 

9. Liability, Infringement of Property Rights
  9.1. No claims for damages brought against Swissbit, on whatever legal grounds,
shall be accepted, except in cases where Swissbit has acted deliberately or with gross negligence. 
  9.2. In the event that claims are brought against you on the grounds of an infringement of
property rights due to use of the Software within the agreed scope, you shall inform
Swissbit of such claims immediately in writing. In the event that use of the Software
as contractually agreed is adversely affected by property rights owned by third parties,
Swissbit shall have the right, within the limits of what can reasonably be imposed on you,
at its option either to modify the contractual performance in such a way that it is no longer
affected by the property rights, but still complies with the terms of the agreement,
or to terminate this Agreement with immediate effect. 

10. Export
  The Software may be subject to Export Control laws and regulations in Germany or other countries.
You are responsible for your compliance with all relevant export laws and regulations.

11. General Provisions
  11.1. This Agreement may not be supplemented, modified, amended,
released or discharged except by an instrument in writing signed by each party’s duly
authorized representative. The use of electronic mail does not constitute a written form.
  11.2. If any provision of this Agreement shall be held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall
remain in full force and effect. 
  11.3. To the extent that you are a commercial enterprise, the courts of St. Gallen
shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement.
  11.4. The validity, interpretation, construction and performance of this Agreement shall
be governed by the laws of Switzerland, with the exception of the UN Convention of April 11, 1980,
on the International Sales of Goods (CISG).

Copyright 2023 Swissbit AG <ishield-key-support@swissbit.com>
