SAFR Developer Terms
Thank you for using SAFR Developer Portal, the place where you can access SAFR SDKs, APIs, sample code, and associated documentation (collectively, “Software”). By accessing or using our Software you are agreeing with RealNetworks, Inc. (“Real”) to the terms below.
Some Software, for example SAFR SDKs or SAFR Cloud Service, may contain additional terms relating to use of that Software or service. Collectively, we refer to the terms below and any additional terms within the accompanying Software or service as the “Terms.” You agree to comply with the Terms and that the Terms control your relationship with us, so please read all the Terms carefully.
1. Creating an Account
1.1. You cannot use the Software and cannot accept the Terms if (a) you are not of legal age to form a binding contract with Real, or (b) you are a person barred from using or receiving the Software under the applicable laws of the United States or other countries, including the country in which you are resident or from which you use the Software.
1.2. If you are using the Software on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms, and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
1.3. In order to access certain Software you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Software, or as part of your continued use of the Software. Any registration information you give to Real must always be accurate, and you must inform us promptly of any changes.
2. Using the Software
2.1. You will comply with all applicable laws, regulations, and third party rights (including without limitation laws regarding the import or export of data or software and privacy). You will not use the Software to encourage or promote illegal activity or violation of third party rights.
2.2. You will only access (or attempt to access) Software by the means described in the documentation of that Software. If Real assigns you developer credentials (e.g. user names and passwords or license keys), you must use them to access the associated Software. You will not misrepresent or mask your identity when using the Software or developer accounts.
2.3. Real sets and enforces limits on your use of the Software (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to such limitations, and will not attempt to circumvent the limitations documented with each Software. If you would like to use any Software beyond these limits, you must obtain Real’s express consent (and Real may decline such request, or condition acceptance on your agreement to additional terms and/or charges for that use).
2.4. If you provide feedback or suggestions about our Software, then we (and those we allow) may use such information without restrictions and without obligation to you.
3. Security and Ownership
3.1. You will use commercially reasonable efforts to protect personal information collected by you using the Software, including personally identifiable information, from unauthorized access or use.
3.2. Title, ownership, rights, and intellectual property rights in and to the Software will remain in Real. The Software is protected by the copyright laws of the United States and international copyright treaties.
3.3. You expressly agree not to combine the Software with any open source software with copy-left rights (such as software under GNU-GPL licenses) in a manner which would compromise the proprietary nature of the Software.
3.4. Nothing contained herein is intended to grant Real rights over your software or any developments you make linking to the Software.
4. Prohibitions and Confidentiality
4.1. Prohibitions. When using the Software you cannot (or allow those acting on your behalf to):
4.1.1. Sublicense Software for use by a third party.
4.1.2. Perform an action with the intent of introducing to Real products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
4.1.3. Defame, abuse, harass, stalk, or threaten others.
4.1.4. Interfere with or disrupt the Software or the servers or networks Real uses to provide the Software or services.
4.1.5. Reverse engineer or attempt to extract the source code from any Software or any related software, except to the extent that this restriction is expressly prohibited by applicable law. You will not create a program that functions substantially the same as the Software and offer it for use by third parties.
4.1.6. Use the Software for any activities where the use or failure of the Software could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
4.1.7. Remove, obscure, or alter any Real terms of service or notices, or any links thereto.
4.2. Confidential Information
4.2.1. Developer credentials are intended to be used by you. You will keep your credentials confidential and should make all reasonable measures to prevent and discourage others from using such credentials. Developer credentials cannot be embedded in open source projects.
4.2.2. Our communications to you and our Software may contain Real confidential information. Real confidential information includes any materials, communications, and information that are marked confidential or that would reasonably be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Real’s prior written consent.
You agree to display any attribution(s) required by Real as described in the documentation for the Software. Real hereby grants to you a nontransferable, non-sublicenseable, nonexclusive license while making permitted uses of the Software to display Real brand features and other attributions for the purpose of promoting or advertising that you use the Software.
6.1. You may stop using our Software at any time with or without notice. Further if you are using Software under an evaluation license, you must stop using the Software at the termination or expiration of such evaluation period and destroy all copies of such Software unless Real grants you additional licenses to continue using the Software.
6.2. Real may terminate the licenses granted hereunder and your access to the Developer Portal at any time without notice.
6.3. When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply including provisions that relates to ownership and post termination obligations.
7. Liability for our Software
7.1. Warranty Disclaimer. THE SOFTWARE IS PROVIDED UNDER THIS LICENSE WITHOUT IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR WARRANTIES THAT THE SOFTWARE ARE FREE OF DEFECTS OR SECURE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
7.2. Indemnification. You agree to indemnify, hold us harmless, and defend against any and all damages, costs and expenses, including reasonable attorneys’ fees, incurred in connection with any third party action arising out of or relating to your use of the Software beyond the use restrictions in these Terms.
8.1. Miscellaneous. These Terms constitute the complete and exclusive agreement between us with respect to its subject matter, and supersede all prior oral or written understandings, communications or agreements. We may modify the Terms or any portion and You should look at the Terms regularly. We will post notice of modifications to the Terms within the documentation of each applicable Software. Changes will not apply retroactively and will become effective no sooner than thirty (30) days after they are posted. If you do not agree to the modified Terms for a Software, you should discontinue your use of that Software. Your continued use of the Software constitutes your acceptance of the modified Terms.
8.2. Jurisdiction. This License will be governed by and construed in accordance with the laws of Washington State, USA, excluding that body of law known as conflicts of law. Any action or proceeding relating to this License must be brought in Washington. This License will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Additional Terms for SAFR Cloud Services
1. SAFR Cloud Services offers you the opportunity to link the Software with our cloud service and perform recognition tasks using the cloud service (“SAFR Cloud”). These terms set forth the additional terms relating to your use of the SAFR Cloud.
2. Your use of SAFR Cloud is conditioned on having a valid license for a SAFR SDK.
3. We may immediately suspend your access to SAFR Cloud if we reasonably believe that:
a. You are using our products or services for fraudulent or illegal activities;
b. You have breached the use restrictions specified in the Terms;
c. Your use is a threat to or attack on any of our intellectual property or rights thereto; or
d. Your use of SAFR Cloud disrupts or poses a security risk to us or to any other customer or vendor of REAL.
4. Your Data. You will own all right, title, and interest, including all intellectual property rights, in and to your data uploaded to SAFR Cloud and you hereby grant us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your data to provide the services. Upon expiration or termination of the services:
(i) You will have no further access to any of the data on the SAFR Cloud;
(ii) We will provide any such data to you in our standard database export format upon receipt of a request within thirty (30) days of expiration or termination of the Term; and
(iii) After thirty (30) days following expiration or termination of the Term, if you have not requested the return of your data, we will have no obligation to maintain or provide any of your data and thereafter, unless legally prohibited, will delete all your data in our systems or otherwise in our possession or under our control.
5. Resultant Data.
Notwithstanding anything to the contrary herein, you hereby grant to us a perpetual, non-exclusive, non-sublicenseable, non-transferable license to use anonymized data and aggregated performance data derived from your uploaded data (“Resultant Data”) for the purpose of enabling us to optimize and improve our services. For the avoidance of doubt, Resultant Data will not contain any personally identifiable information.
6. Access and Security.
We will employ all current standard physical, administrative, and technical controls, screening, and security procedures and other safeguards to prevent any unauthorized access to the SAFR Cloud.
The term for SAFR Cloud (“Term”) will co-terminate with the associated license provided to the Software that is linked with SAFR Cloud. Upon the expiration or termination of the Term you must stop using SAFR Cloud.
Additional terms for SAFR SDKs
Please click here to access SAFR SDK and SAFR Embedded SDK Terms which are incorporated herein by reference.
Evaluation Purposes Only – No Distribution Permitted
SAFR Software End User License Agreement
This Evaluation End User License Agreement (“License”) is a binding agreement between RealNetworks, Inc. (“Licensor“) and the entity or organization you represent as the licensee of the Software (“Licensee“) (together the “Parties“).
Licensor provides the Software solely on the terms and conditions set forth in this License and on the condition that Licensee accepts and complies with them. By using the Software you (a) accept this License and agree that Licensee is legally bound by its terms; and (b) represent and warrant that: (i) you are of legal age to enter into a binding agreement; and (ii) if Licensee is a corporation, governmental organization, or other legal entity, you have the right, power, and authority to enter into this License on behalf of Licensee and bind Licensee to its terms. If Licensee does not agree to the terms of this License, Licensor will not and does not license the Software to Licensee and you must not install/use the Software or Documentation.
Notwithstanding anything to the contrary in this License or Licensee’s acceptance of the terms and conditions of this License, no license or rights are granted (whether expressly, by implication, or otherwise) to copies of Software that Licensee did not acquire lawfully or that is not a legitimate, authorized copy of Licensor’s Software.
1. Definitions. The following terms have the following meanings:
“Action” means any claim, action, demand, lawsuit, investigation, or proceeding of any nature, whether at law, in equity, administrative, regulatory, or otherwise.
“Authorized User” means individual persons authorized by Licensee to use the Software pursuant to the license granted under this License.
”Documentation” means the SAFR Ethics Policy, user manuals, technical manuals, and any other materials provided by Licensor, in printed, electronic, or other form, that describe the installation, operation, use, or technical specifications of the Software.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Licensee” has the meaning set forth in the preamble.
“Licensor” has the meaning set forth in the preamble.
”Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity.
“Recognition Data” means facial recognition data or image recognition data created and collected through the Software.
“SAFR Cloud Service” means the cloud service solution offered by Licensor to enable the Software to store Recognition Data and perform recognition tasks.
“Sample Code” means sample source code provided hereunder that demonstrates how certain functions are performed using the Software.
“Software” means the facial and object recognition software programs distributed under the SAFR™ brand for which Licensee is procuring a license hereof.
“Term” has the meaning set forth in Section 11.
“Third Party” means any Person outside the Licensee’s organization.
2. License Grant and Scope. Subject to and conditioned upon Licensee’s strict compliance with all terms and conditions set forth in this License Licensor hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use the Software and the Documentation. This license grants Licensee the right to:
(a) download and install the Software only on computer(s) owned or leased, and controlled by, Licensee. In addition to the foregoing, Licensee has the right to make one copy of the Software solely for backup purposes. All copies of the Software made by the Licensee will be the exclusive property of the Licensor and will be subject to the terms and conditions of this License.
(b) use and run the Software as properly installed in accordance with this License and the Documentation, solely as set forth in the Documentation and solely for Licensee’s internal business purposes.
(c) use the Documentation solely with the Software.
3. Use Restrictions. Licensee will not, and will require its Authorized Users not to, directly or indirectly:
(a) use the Software or Documentation beyond the scope of the license granted under Section 2;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or Documentation or any part thereof;
(c) combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs other than as specifically permitted by the Documentation;
(d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
(e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof;
(f) except as expressly set forth in Section 2 copy the Software or Documentation, in whole or in part;
(g) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any Third Party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network, virtual private network, virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
(h) use the Software or Documentation in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including:
i. power generation systems;
ii. aircraft navigation or communication systems, air traffic control systems, or any other transport management systems;
iii. safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and
iv. military or aerospace applications, weapons systems, or environments;
(i) use the Software or Documentation in violation of any law, regulation, or rule; or
(j) use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the Licensor’s commercial disadvantage.
4. License Key and Sample Code.
(a) License Key. Licensee is responsible for keeping the license key secure and may not share or otherwise distribute the license key on any private or public networks to be accessed by any person who is not an Authorized User. Licensee will be responsible for all activities arising out of use of the license key provided to Licensee.
(b) Sample Code. Licensee may only use the Sample Code in accordance with the Documentation and may not use the Sample Code with any third party product or service which competes with the Software.
5. Privacy and Data Protection.
Licensee is responsible and liable for familiarizing itself and Authorized Users on the local laws and regulations relating to the use of the Software. Licensee hereby undertakes and agrees to use the Software in compliance with such laws and regulations.
(a) Responsibility for Use of Software. Licensee is responsible and liable for all uses of the Software and Documentation through access thereto provided by Licensee, directly or indirectly. Specifically, and without limiting the generality of the foregoing, Licensee is responsible and liable for obtaining all necessary approvals from the end users and regulatory institutions relating to collection of data, and for all actions and failures to take required actions with respect to the Software and Documentation by its Authorized Users or by any other Person to whom Licensee or an Authorized User may provide access to or use of the Software and/or Documentation, whether such access or use is permitted by or in violation of this License.
6. Compliance Measures.
The Software contains technological copy protection or other security features designed to prevent unauthorized use of the Software, including features to protect against any use of the Software that is prohibited under Section 3. Licensee will not, and will not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
7. Maintenance and Support.
(a) Licensor will have no responsibility to provide support to the Licensee, unless Licensee has executed a separate contract for support with Licensor.
(b) Notwithstanding Section 7(a), Licensor at its sole discretion may develop and provide updates, and Licensee agrees that Licensor has no obligation to develop any updates at all or for particular issues. Licensee further agrees that all updates will be deemed Software, and related documentation will be deemed Documentation, all subject to all terms and conditions of this License.
8. Collection and Use of Information.
(a) In the event Licensor chooses to use SAFR Cloud Service with the Software, the collection, use and removal of data including Recognition Data will be governed by the applicable SAFR Cloud Services contract.
(b) In the event Licensor chooses a local version of the Software, such as SAFR Embedded SDK, it is configured not to share Recognition Data with the Licensor. In such event Licensee undertakes to take all reasonable precautions not to inadvertently share such data with the Licensor.
(c) In each case specified above, Licensor may, directly or indirectly collect and store non-personally identifiable information regarding use of the Software and about equipment on which the Software is installed.
(d) Licensee agrees that the Licensor may use the information referenced in Section 8(c) for any purpose including but not limited to:
i. improving the performance of the Software or developing Software updates;
ii. verifying Licensee’s compliance with the terms of this License; and
iii. enforcing the Licensor’s rights, including all Intellectual Property Rights in and to the Software.
Licensee agrees to display any attribution(s) required by Licensor as described in the Documentation. Licensor hereby grants to Licensee a nontransferable, nonsublicenseable, nonexclusive license while the License is in effect to display Licensor’s brand features for the purpose of promoting or advertising that Licensee is using the Software. Licensee must only use the brand features in accordance with the Documentation and for the purpose of fulfilling the obligations under this Section.
10. Intellectual Property Rights.
Licensee acknowledges and agrees that the Software and Documentation are provided under license, and not sold, to Licensee. Licensee does not acquire any ownership interest in the Software or Documentation under this License or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this License. Licensor reserves the entire right, title, and interest in and to the Software and all Intellectual Property Rights arising out of or relating to the Software, except as expressly granted to the Licensee in this License. Licensee will use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee will promptly notify Licensor if Licensee becomes aware of any infringement of the Licensor’s Intellectual Property Rights in the Software and fully cooperate with Licensor, at Licensor’s sole expense, in any Action taken by Licensor to enforce its Intellectual Property Rights.
11. Term and Termination.
(a) This Software is provided for evaluation purposes only. Therefore this License will terminate upon the expiration of the time period specified during the sign up, or if no time period was specified at the sign up, thirty (30) days from the date Licensee created an account with the Licensor.
(b) Licensee may terminate this License at any time by ceasing to use and destroying all copies of the Software and Documentation.
(c) This License will automatically terminate:
i. If Licensor breaches this License and such breach: (1) is incapable of cure; or (2) being capable of cure, remains uncured within ten (10) days after Licensor provides written notice thereof; or
ii. If Licensee files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property.
(d) Upon expiration or earlier termination of this License, the license granted hereunder will also terminate, and Licensee will cease using and destroy all copies of the Software and Documentation.
12. Warranty Disclaimer.
THE SOFTWARE AND DOCUMENTATION IS PROVIDED UNDER THIS LICENSE WITHOUT IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR WARRANTIES THAT THE SOFTWARE AND DOCUMENTATION ARE FREE OF DEFECTS OR SECURE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
13. Limitation of Liability.
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR: ANY INDIRECT; INCIDENTAL; SPECIAL; OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE); INCURRED BY EITHER PARTY WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. A PARTY’S INDEMNITY OBLIGATIONS FOR THIRD PARTY ACTIONS UNDER SECTION 14 ARE EXCEPTED FROM THIS LIMITATION.
Licensee agrees to indemnify, hold harmless, and defend Licensor and its officers, directors, employees, customers, agents and successors from and against any and all damages, costs and expenses, including reasonable attorneys’ fees, incurred in connection with any third party Action arising out of or relating to Licensee’s use of the Software beyond the scope of the license in the License or any modification of the Software, on condition that Licensor promptly notifies Licensee of the Action and Licensee has sole control over its defense or settlement, and Licensor provides reasonable assistance in the defense of same at Licensee’s expense.
15. US Government Rights.
The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if the Licensee is the United States government or any contractor therefor, Licensee will receive only those rights with respect to the Software and Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
(a) Assignment. Licensee may not assign, transfer, or otherwise dispose of this License, or any rights or obligations hereunder, without Licensor’s prior written consent, in Licensor’s sole discretion. This License will be binding upon and inure to the benefit of the Parties, their successors and permitted assigns.
(b) Survival. The provisions set forth in the following sections, and any other right or obligation of the parties in this License that, by its nature, should survive termination or expiration of this License, will survive any expiration or termination of this License: Section 4, Section 5, Section 6, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 14 and this Section 16.
(c) Miscellaneous. This License, together with its attachments, constitute the complete and exclusive agreement between Licensor and Licensee with respect to its subject matter, and supersede all prior oral or written understandings, communications or agreements. This License may not be modified except in a writing duly signed by authorized officers of Licensor and Licensee. The waiver by either Party of any breach of this License by the other Party will not waive subsequent defaults by such Party of the same or a different kind. If any provision of this License is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof.
(d) Jurisdiction. This License will be governed by and construed in accordance with the laws of Washington State, USA, excluding that body of law known as conflicts of law. Any Action or proceeding relating to this License must be brought in the Washington. This License will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Last Updated June 30, 2019