Licensing contract for the card reader software of Fujitsu Finland Oy (1/2007)

Important: Before downloading, installing, running or using the card reader software of Fujitsu Finland Oy (hereafter ”the Software”, including all its parts both as a whole and as separate parts), you must carefully read these licensing terms applied to the use of the Software (hereafter ”the Terms”). You will accept these Terms and undertake to comply with them with any of the following measures: 1) by clicking the “I accept the Terms” button found in connection with the Terms, 2) by downloading the software, 3) by installing the Software or 4) by using the Software. If you do not comply with these Terms, all your rights to use the Software will expire. You will have no right to download, install, run or use the Software in any way and you will undertake not to download, install or use the Software in any way, if you do not accept the Terms and adhere to them as a whole.

If you are acquiring this Software for an organization (“organization” refers to any legal person excluding natural persons), you accept these Terms and undertake to comply with them on behalf of your organization; in other cases, you will accept them personally. These Terms apply to everyone who downloads, installs or uses the Software (whether a natural person or an organization) referred to hereafter as “the User”. The parties to this contract are Fujitsu Finland Oy (business identity code: 0815044-1) and the User.

The right to use the software and limitations:

Fujitsu Finland Oy grants the right to use the Software only in order to use the certificates granted by the Digital and Population Data Services Agency. The User agrees not to use the Software for other purposes, or in order to use the certificates possibly granted by any other organizations than mentioned above. The right to use the Software is free of charge as such. Regardless of this, the Digital and Population Data Services Agency or possibly some other government agency may charge a fee determined in their policy for certification services, granting the certificates, granting the certificate cards, or for some other service related to the Digital and Population Data Services Agency’s certificates.

The User has the right to download and install the Software to any desired number of hardware devices, and run it and use it for an unlimited time in internal use. However, the right to use the Software expires if the User breaches these Terms. The User has no exclusive right to use the Software.

The User may not pass the Software on for copying or for any other purpose to a third party, or transfer the Software electronically or in any other way. The User may not modify, alter, translate, rent, sell or distribute the Software or create derivative work from the Software.

The User may not decompile the Software and/or files related to it back to source code or determine the manufacturing process of the Software.

The User has no right to use or otherwise utilize the Software with any other product or service that functions with the Software than with the certificates granted by the Digital and Population Data Services Agency. The User undertakes not to use the Software in any way other than specifically authorized in these Terms.

Software Copyright:

All rights to the Software including copyright and other intellectual property rights are the property of Fujitsu Finland Oy, its suppliers or the Digital and Population Data Services Agency. The Software is covered by copyright laws and international copyright agreements and other agreements concerning intellectual property rights.

Fujitsu Finland Oy may defend the User at its own expense in respect of lawsuits filed against the User involving claims that the Software infringes the rights of a third party, provided that (i) the User immediately reports in writing the claims to Fujitsu Finland Oy, (ii) authorizes Fujitsu Finland Oy to use the defendant’s right of action or to settle the disagreement in the manner deemed most appropriate by Fujitsu Finland Oy, and (iii) delivers to Fujitsu Finland Oy all available necessary and reasonable information, assistance and authorizations. Fujitsu Finland Oy is responsible for the payment of damages awarded to a third party after litigation, requiring that the User has performed the aforementioned steps and Fujitsu Finland Oy has undertaken the defense in the matter.

If Fujitsu Finland Oy deems that the Software infringes the rights of a third party, Fujitsu Finland Oy has the right to either (i) procure the right to continue using the Software for the User; or (ii) change the Software; or (iii) modify it in such a way that the breach of rights ceases; or (iv) rescind this licensing contract, in which case the User must stop using the Software.

However, Fujitsu Finland Oy shall not, under any circumstances, be responsible for a claim that (i) is based on a claim by a company that has control over the User, or over which the User has control, in the sense of the definition of “control” contained in the Accounting Act; (ii) is due to a modification made by the User in the Software or due to following the instructions given by the User; (iii) is due to using the Software together with a product other than products delivered by Fujitsu Finland Oy; or (iv) could have been avoided by using a published, equivalent product or update upon which the User has received information and which has been offered to the User without separate charge.

The liability of Fujitsu Finland Oy for breaches of intellectual property rights and other judicial breaches is limited to what is agreed on in this section.

Software support and updates:

Fujitsu Finland Oy has agreed on the delivery of the Software with the Digital and Population Data Services Agency. Fujitsu Finland Oy provides the Digital and Population Data Services Agency, in the manner agreed on in the contract between Fujitsu Finland Oy and the Digital and Population Data Services Agency, with, for instance, user support for the Software. However, Fujitsu Finland Oy does not provide individual users with any support or guarantees, and therefore they should instead address their concerns regarding the use of the Software to the Digital and Population Data Services Agency.

Concerns regarding error situations and the use of the certificates can be addressed to the Digital and Population Data Services Agency: Digi- ja Väestötietovirasto, PL 70, 00581 Helsinki (Digital and Population Data Services Agency, P.O. Box 70, 00581 Helsinki, Finland).

Fujitsu Finland Oy does not provide the Users with direct support, but the Digital and Population Data Services Agency can provide support to its clients using the certificates based on its policy at that time. If updates are offered to the Software, Fujitsu Finland Oy will not deliver the updates to the Users, but any possible updates can be downloaded from the Digital and Population Data Services Agency or its partners. It is the User’s responsibility to update the Software with possible new versions when necessary.

No guarantee and limitation of risk:

Fujitsu Finland Oy and the Digital and Population Data Services Agency have signed a separate contract concerning the delivery of the Software (see section ”The Support and Updates of the Software”). The Software will be offered to the User as it is, without any specific or implicit guarantees, including, but not limited to, guarantees on the usability or suitability of the Software for a specific purpose. Fujitsu Finland Oy or its suppliers have no other manufacturer’s liability for the Software than what has been agreed on in the section “Software Copyright” regarding legal infringements.

Neither Fujitsu Finland Oy nor its suppliers can under any circumstances be held liable for any direct or indirect damages or consequential damages (including, but not limited to, damages caused by acquisition of compensatory products or services, lost opportunities to use the product, lost data, lost profit or interrupted operations), regardless of what is claimed to be the liability of these parties, for instance, in respect of compensation based on the contract or compensation outside the scope of the contract (including negligence or such). This applies to all damages that can in any way be considered to have resulted from the use of the Software, even where Fujitsu Finland Oy and/or its suppliers might be conceived to have been aware of the possibility of such damages. The User shall be responsible for all the actions the User takes when uploading, installing and using the Software. These Terms do not limit the rights bestowed to the User by any peremptory legislation.

General:

If the User’s right to use the Software expires based on what has been stipulated in these Terms, this will not entitle the User to receive any compensation from Fujitsu Finland Oy or its suppliers.

Finnish law applies to this contract, except for provisions falling under the scope of private international law; i.e. references to other laws. Any disputes or disagreements arising from this contract shall be settled in the District Court of Helsinki. However, if Fujitsu Finland Oy so desires, it may take legal action in a dispute or disagreement arising from this contract in the Court of the defendant’s domicile.

The contract terms between Fujitsu Finland Oy and the Digital and Population Data Services Agency have been agreed on in a separate contract.

Contacts concerning this licensing contract can be addressed to Fujitsu Finland Oy: Fujitsu Finland Oy, PL 100, 00012 FUJITSU, Finland.