End User License Agreement (EULA)

PLEASE READ THIS AGREEMENT BEFORE USING ANY FORTIFIEDID SOFTWARE OR SERVICES. BY DOWNLOADING, INSTALLING OR USING ANY FORTIFIEDID SOFTWARE OR SERVICES YOU (“LICENSEE”) SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE OR SERVICES.

1. DEFINITIONS

1.1. “Licensee” shall mean a physical person or legal entity that has acquired the license to use the Software from FortifiedID or authorized Partner.

1.2. “EULA” shall mean this standard End User License Agreement.

1.3. “FortifiedID” shall mean FortifiedID AB, VAT number SE559369877101.

1.4. “Partner” shall mean the authorized reseller or distributor of FortifiedID from whom the Licensee has purchased the license to use the Software.

1.5. “Software” shall mean any software (whether provided as downloadable or as an online service), tool, utility, documentation, or similar delivered by FortifiedID including the license file, and any revision, update, or upgrade hereto which are made available by FortifiedID to the End User (Licensee) under the terms and conditions set out in this EULA.

1.6. “Update, Maintenance” means a major or minor release of the Software, or a fix or patch thereto, that FortifiedID may make available.

1.7. “Documentation” means the generally available documentation provided by FortifiedID with the Software.

1.8. “Working days” shall mean Monday to Friday between 08:00-17:00 CET, except for national holidays in Sweden.

2. SCOPE OF THE END USER LICENSE.

2.1. FortifiedID hereby grants to the Licensee a non-assignable and non-exclusive right to use the Software in accordance with the terms and conditions set out in this EULA solely for the Licensee’s own internal business operations. The license is effective upon installation by the Licensee and remains in force until termination by either party.

2.2. The Software is licensed as a subscription license that needs to be renewed annually (every 12 months).

2.2.1. A subscription license gives the Licensee a right to use the Software (the current or at any time, the latest version) one (1) year from the date of purchase. The FortifiedID Pricelist, Quote will determine which options are available. If the subscription license is not renewed, the Licensee no longer has any right to use the Software.

2.2.2. A subscription license is automatically renewed, unless the Licensee has informed FortifiedID or Partner otherwise by giving two (2) months’ written notice before the end of an update term (a 12-month period) for a yearly subscription.

2.3. The Software is a standard product. It shall be the sole responsibility of the Licensee to ensure that the functions of the Software fulfil the requirements and expectations of the Licensee.

2.4. The Licensee’s right to use the Software requires that the Licensee has accepted the terms and conditions in this EULA. One license gives the Licensee the right to use the Software for one physical person or one legal entity, for the number of users and user types acquired.

2.5. The Licensee agrees that FortifiedID may audit the Licensee’s use of the Software for compliance with this EULA at any time, upon reasonable notice. If such an audit reveals any use of the Software by the Licensee other than in full compliance with the terms of this EULA, the Licensee shall reimburse FortifiedID for all reasonable expenses related to such an audit in addition to any other liabilities the Licensee may incur as a result of such non-compliance.

2.6. In case of termination of the agreement with the Partner, FortifiedID may regarding FortifiedID’s Software, take over or reassign the Licensee of the Partner to another Partner.

2.7. In case the Licensee wants to reassign to another partner other than the Partner, the Licensee must inform FortifiedID hereof in writing no later than two (2) months before the end of an update term, cf. clause 6 below.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. The Licensee shall obtain no rights to the Software. FortifiedID retains all intellectual property rights to the Software, updates, documentation, and all data enclosed in it, including, but not limited to, copyright, trademarks and other rights, titles, and interests in the Software.

3.2. The Licensee is not permitted to publish the Software without the explicit, written consent of FortifiedID. This also applies to any documentation delivered by FortifiedID.

3.3. The Licensee may not reverse engineer, decompile, or disassemble the Software except when otherwise allowed by mandatory statutory provisions. The Licensee shall always notify FortifiedID in writing in advance of such acts.

3.4. Upon an infringement of FortifiedID’s intellectual property rights, FortifiedID shall be entitled to terminate this Agreement for cause with immediate effect, as per clause 11.2.

4. USE OF THE SOFTWARE

4.1. By installing, copying, or otherwise using the Software, the Licensee agrees to be bound by the terms of this EULA.

4.2. The Licensee acknowledges that the use of some parts of the Software and licensing may require connection to the Internet.

4.3. The Licensee alone is responsible for the backup of all data, configurations, and settings stored in the Software.

5. USE OF THE SOFTWARE WITH ONLINE SERVICES

5.1. The Software allows the licensee to utilize and use third-party provider(s) online services to enable different functionalities. Example of such services is SMS or voice call, countries approved e-identification features for multi-factor authentication. Licensees are not required to utilize these types of functionalities. It is expressly stated that FortifiedID is not responsible for downtime or other interruptions for these third-party provider(s) online services or otherwise out of FortifiedID’s control.

5.2. Any fees for using third-party providers online services where FortifiedID act as a Reseller will be charged to Licensee according to FortifiedID’s pricelist or quote.

6. UPDATES, MAINTENANCE.

6.1. FortifiedID will use its best endeavors to ensure on-going development of the Software, including correction of errors and inexpediency and, at the discretion of FortifiedID, to change the Software with the aim of making the Software compatible with new versions of third-party’s standard software.

6.2. Subscription license:

6.2.1. When purchasing a subscription license to the Software, an update (maintenance) fee is included in the subscription license, thus the Licensee will have access to relevant updates. The Subscription license also include Software Support set out in clause 7.

6.3. If the Licensee has terminated this Agreement with or without cause in accordance with the provision in clause 11 and wants to reactivate it, the Licensee must pay for both the updates that have been released in the inactive term and any new updates.

6.4. The Licensee acknowledges that updates to the Software may not work with the Licensee’s hardware, add-ons, third-party software, or custom fit adjustments or modifications.

6.5. The use of updates is the sole responsibility of the Licensee, and the Licensee should install, test, and validate any update in a similar test environment, before installing on their production system.

7. SUPPORT

7.1. Software Support is included in the Subscription licenses. This level of online support means that FortifiedID will use its best effort to respond to support questions about the Software and functionality by email to support@fortifiedid.se during normal working business hours as defined in clause 1.17 above.

7.2. Support enquiries that are not related to errors that are reproducible in the most recent version of the Software and that cannot be answered electronically or that require more in-depth conversation or meetings, will be invoiced according to FortifiedID Pricelist or Quote.

7.3. FortifiedID Premium Support can be purchase separately for a fee by Licensee. It includes Guaranteed availability, priority, response time and more advanced type of Software and Solution Support.

8. ASSIGNMENT

8.1. The Licensee is not entitled to lend, lease, sublicense, transfer, or otherwise assign its rights and obligations given under this Agreement without FortifiedID’s prior written consent. Any assignment shall not be legal without FortifiedID’s prior written consent. Assignment also includes transfer or adoption in connection with a merger, demerger, outsourcing, and similar events or activities within and outside the group of companies to which the Licensee belongs.

8.2. If the Licensee assigns the Software in conflict with the provisions above, FortifiedID may terminate this Agreement with immediate effect, as described in clause 11.

8.3. FortifiedID may at any time in full or in part assign its rights and obligations under this Agreement to any third party.

9. INFRINGEMENTS OF THIRD-PARTY RIGHTS

9.1. FortifiedID represents and warrants that it has the right to license the Software, including any documentation, to the Licensee, and that FortifiedID holds the necessary rights, titles, and licenses to allow the Licensee to perform all rights contemplated by this Agreement, and that the Software does not infringe any third-party’s right that is valid within and enforceable in Sweden.

9.2. The above representations and warranties do not apply to infringements or misappropriations resulting from modifications of the Software, including any documentation, by the Licensee, or the Licensee’s operation or use of the Software with devices, data, or software furnished by the Licensee. If the Licensee embeds fonts or any other third-party intellectual properties using the Software, it is the sole responsibility of the Licensee to have the necessary rights to do so.

9.3. If a third party towards the Licensee claims that the Software infringes third-party rights, the Licensee shall immediately inform FortifiedID in writing and FortifiedID shall take over the defense of the claim. FortifiedID shall at its cost have full control of any proceedings arising out of any infringement of third-party rights.

9.4. If the Licensee becomes aware of any infringement or potential infringement of the Software it shall promptly notify FortifiedID in writing.

10. LIMITED WARRANTY.

10.1. FortifiedID warrants to Licensee that, for a period of ninety (90) days following the initial purchase and delivery of the Software to Licensee, the Software will perform substantially in conformance with the Documentation.

10.2. FortifiedID does not warrant that the Software will meet all of Licensee requirements or that the use of the Software will be uninterrupted or error-free.

10.3. The foregoing warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply to: (i) Software that is modified or altered by Licensee or any third party that is not authorized by FortifiedID ; (ii) Software that is otherwise operated in violation of this Agreement or other than in accordance with the Documentation; or (iii) failures that are caused by other software or hardware products.

10.4. To the maximum extent permitted under applicable law, as FortifiedID’ and its suppliers’ entire liability, and as Licensee exclusive remedy for any breach of the foregoing warranty, FortifiedID will, at its sole option and expense, promptly repair or replace any Software that fails to meet this limited warranty or, if FortifiedID is unable to repair or replace the Software, refund to Licensee the applicable license Fees paid upon return, if applicable, of the nonconforming item to FortifiedID.

10.5. The warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software under this limited warranty will be warranted for thirty (30) days.

10.6. The Software delivered under this Agreement is a standard product, and the Licensee is aware that no software product is faultless in all situations and combinations.

10.7. FortifiedID will use its best endeavors to remedy errors and defects which are reproducible in the most recent version of the Software.

10.8. The actual scope and procedure for remedy of any errors or defects is at the free and independent discretion of FortifiedID, who may remedy essential errors and defects by releasing an update of the Software. FortifiedID will remedy non-essential errors and defects to the extent FortifiedID finds it necessary.

10.9. Software provided under an Evaluation License is provided under an “AS IS” basis without warranty of any kind.

10.10. Except for the warranties set forth in this clause 10, FortifiedID disclaims all other warranties hereunder, expressed, or implied, including but not limited to the warranties of the Software being fit for a particular purpose.

11. TERMINATION

11.1. The Licensee may terminate this EULA for the future at any time by ceasing the use of the Software and promptly destroying and deleting all copies, including any documentation. The Licensee shall not be entitled to any refund of the license fee.

11.2. If the Licensee fails to comply with any of the terms or conditions of this Agreement, FortifiedID may terminate for cause the Licensee’s right to use the Software, including any documentation, at any time upon a written notice of 30 days. Upon such termination the Licensee must destroy and delete all copies of the Software, including any documentation. The Licensee shall not be entitled to any refund of the license fee upon such termination.

12. LIABILITY OF THE LICENSEE

12.1. General rules of Swedish law are applicable to the Licensee’s breach of contract. In the event of the Licensee’s breach of any of its obligations set out in this EULA, FortifiedID shall be entitled to terminate this EULA with immediate effect.

13. LIMITATION OF LIABILITY

13.1. FortifiedID expressly disclaims any liability, whether expressed or implied with regard to (i) defects and errors, which are not related to the Software, but which are related to external factors, including other software products of the Licensee, (ii) acts or omissions of the Partners of FortifiedID (iii) the interaction between the Software and any other hardware and/or software environment and organization at the Licensee’s location or at any remote location, including but not limited to hosting or data centers (iv) errors, defects, and inexpediency of third-party’s standard products, delivered by FortifiedID (v) the Licensee’s changes and/or modifications in or with the Software, and (vi) compatibility between the Software and any new version, update etc. of third-party’s software.

13.2. FortifiedID shall not in any way be liable for circumstances related to the non-fulfilment of the Licensee’s duties in respect of this Agreement. In no event shall FortifiedID be held liable for any damage resulting from loss of data, loss of profits or goodwill or other consequential damages. FortifiedID’s total aggregated liability can under no circumstances exceed the amount of 25,000 euros or the recurring license fee paid to FortifiedID in the (12) twelve months preceding the date upon which the cause of action arose for the applicable software in accordance with clause 6 above, whichever is lower. In no event will this limitation apply to the amount due for services under the Agreement.

14. CHANGES TO THIS AGREEMENT

14.1. FortifiedID’s Partner or distributor of the Software may not under any circumstances deviate from or make changes to these terms and conditions without FortifiedID’s explicit consent in writing, which must be made in accordance with the provisions in FortifiedID’s articles of association relating to the power to bind FortifiedID.

15. VALIDITY

15.1. If any provision in this Agreement is held to be illegal, invalid, or unenforceable, such provision(s) shall nonetheless be enforced to the fullest extent permitted by applicable law, to reflect the original intent of the parties. Such provision(s) shall not affect the legality and validity of the other provisions in this Agreement.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English or Swedish.

16.2 The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed during such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the prior consent by the other Party.

17. INTERPRETATION

17.1. If any provision of this EULA is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions of this agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this agreement.

18. EXPORT

18.1. Licensee acknowledges that the Software is subject to export controls relating to the territory in which the Software may be used, and that Software will be exported or re-exported only in compliance with such laws.

End User License Agreement (EULA) v2025