This ForgeRock Authenticator App License Agreement for Apple (“Agreement”) is made by and between you (“You”) and ForgeRock US, Inc. (“ForgeRock”), a Delaware corporation having offices at 201 Mission Street, Suite 2900, San Francisco, CA 94105.
The ForgeRock Authenticator App is to be used exclusively in connection with ForgeRock’s software or services. ForgeRock only offers ForgeRock software or services to legal entities who have entered into a binding license agreement with ForgeRock.
1.1. Rights to Use. ForgeRock grants to You a world-wide, non-exclusive and non-transferable license to install and use the ForgeRock Authenticator App in accordance with the applicable documentation, exclusively in connection with ForgeRock’s software or services. For avoidance of doubt, such ForgeRock software or service is licensed under a separate agreement, and accordingly the terms and conditions under this Agreement do not apply to such separate license agreement in any way.
1.2. Restrictions. You may not, directly or indirectly: (a) sublicense, resell, rent, lease, distribute or otherwise transfer rights or usage in the ForgeRock Authenticator App; (b) provide the ForgeRock Authenticator App on a timesharing, service bureau, service provider or other similar basis; (c) remove or alter any copyright, trademark or proprietary notice in the ForgeRock Authenticator App; (d) reverse engineer or decompile any portion of the ForgeRock Authenticator App; (e) use the ForgeRock Authenticator App for any benchmarking or development of any competitive products or services, and (f) use the ForgeRock Authenticator App in violation of any applicable laws, rules, or regulations.
1.3. ForgeRock Intellectual Property. Title to and ownership of all copies of the ForgeRock Authenticator App, whether in machine- readable (source, object code or other format) or printed form, and all related technical know-how and all rights therein (including without limitation all intellectual property rights applicable thereto and in all derivative works by whomever produced), are reserved by ForgeRock and its licensors and shall remain the exclusive property thereof. All rights not expressly granted to You are reserved by ForgeRock and its licensors.
1.4. Suggestions. You are not obligated to make or provide ForgeRock with any error reports, evaluation, suggestions, enhancements, recommendations, or other feedback (“ Suggestions ”). To the extent You make or provide ForgeRock with any Suggestions relating to the ForgeRock Authenticator App, then ForgeRock may use such Suggestions without obligation to You, and You hereby irrevocably assign to ForgeRock all right, title, and interest in such Suggestions.
If You are in default of any material provision of this Agreement, then the Agreement shall immediately terminate without notice to You. Alternatively, ForgeRock may terminate this Agreement at any time without notice to You. Upon termination, Your license to use the ForgeRock Authenticator App shall cease and You shall stop using the ForgeRock Authenticator App. Termination of this Agreement shall not entitle You to any refund or credit or any other compensation from ForgeRock under any separate software license agreement with ForgeRock. The terms of Section 2.2 (Restrictions), 2.3 (ForgeRock Intellectual Property), 2.4 (Suggestions), 2 (Termination), 3 (Disclaimer of Warranty and Support), 4 (Limitation of Liability), 5 (General), and 6 (Additional Terms Related to Apple) shall survive termination or expiration of this Agreement.
3.1 Disclaimer of Warranties. THE FORGEROCK AUTHENTICATOR APP LICENSED HEREUNDER IS LICENSED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. FORGEROCK AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT.
3.2 Disclaimer of Support Services. ForgeRock has no obligation to provide support, professional services, upgrades, or new releases for the ForgeRock Authenticator App licensed hereunder. ForgeRock may voluntarily provide some or all of the services identified above. Should ForgeRock do so, any such action will not be considered a waiver of this provision.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FORGEROCK BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY LOST PROFITS, REVENUE, OR DATA, INTERRUPTION OF BUSINESS OR FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND, AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT SHALL FORGEROCK’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE $10 USD.
5.1 Miscellaneous. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without reference to its conflicts of law provisions. Both parties hereby irrevocably consent to the personal and exclusive jurisdiction of the state and federal courts of competent jurisdiction located in San Francisco, California. You may not assign any of Your rights or obligations under this Agreement without the prior written consent of ForgeRock. In the event that it is determined by a court of competent jurisdiction that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms. To the extent any provision cannot be enforced in accordance with the stated intentions of the parties, such terms and conditions shall be deemed not to be a part of this Agreement. A waiver on one occasion shall not be construed as a waiver of any right on any future occasion. No delay or omission by a party in exercising any of its rights hereunder shall operate as a waiver of such rights. This Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes any prior agreements between the parties with respect to such subject matter
5.2 Compliance with Law. The ForgeRock Authenticator App is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply fully with all laws and regulations of the United States and other countries (“ Export Laws ”) to assure that neither the ForgeRock Authenticator App, nor any direct products thereof are: (a) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S. export restrictions or to any end user who is prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government or (b) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
5.3 US Government Restrictions. Customer acknowledges that the ForgeRock Authenticator App consists of “commercial computer software” and “commercial computer software documentation” as such terms are defined in the Code of Federal Regulations. No government procurement regulations or contract clauses or provisions shall be deemed a part of any transaction between the parties unless its inclusion is required by law, or mutually agreed in writing by the parties in connection with a specific transaction. Use, duplication, reproduction, release, modification, disclosure or transfer of the ForgeRock Authenticator App is restricted in accordance with the terms of this Agreement.
5.4 Providing Notice to ForgeRock. Should You wish or are required to notify ForgeRock under this Agreement, use the contact information on the ForgeRock website located at https://www.forgerock.com.
6.1. This Agreement constitutes an end user license agreement in lieu of any license grant provided by Apple to use the ForgeRock Authenticator App. This Agreement is solely between You and ForgeRock and conforms to applicable law. Apple shall not be responsible for, and shall not have any liability whatsoever, under this Agreement or any breach by You or ForgeRock of any of the terms and conditions of this Agreement. This Agreement is concluded between You and ForgeRock only, and not with Apple. ForgeRock, not Apple, is solely responsible for the ForgeRock Authenticator App and the content thereof.
6.2. The license granted to You for the ForgeRock Authenticator App permits You to use the ForgeRock Authenticator App on any Apple branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the ForgeRock Authenticator App may be accessed, acquired, and used by other accounts associated with You via Family Sharing, volume purchasing, or Legacy Contacts.
6.3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ForgeRock Authenticator App. In the event of any failure of the ForgeRock Authenticator App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the ForgeRock Authenticator App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ForgeRock Authenticator App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ForgeRock’s sole responsibility.
6.4. ForgeRock, not Apple, is responsible for addressing any claims of You or any third party relating to the ForgeRock Authenticator App or Your possession and/or use of the ForgeRock Authenticator App, including, but not limited to: (i) product liability claims; (ii) any claim that the ForgeRock Authenticator App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. ForgeRock, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6.5. You represent and warrant that (i) You are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
6.6. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.