End User License Agreement

EULA – End User License Agreement


PLEASE READ THE CONDITIONS BELOW CAREFULLY BEFORE INSTALLING THIS SOFTWARE.


BY CLICKING "OK", "PROCEED" OR "I ACCEPT" AND PERFORMING THE INSTALLATION OR USE OF THIS SOFTWARE MEANS THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you do not accept any terms or conditions in this document, immediately cancel the installation or, if you already have the software installed, uninstall it.

1. DEFINITIONS

1.1. "OFD" (Online Fraud Detection) is a security solution developed by DIEBOLD NIXDORF, in Brazilian territory, whose premise is to provide greater security to the User's devices, providing reliability and protection during access to the Internet Banking website and / or application, E-Commerce website and / or application, government websites and legitimate institutions that DIEBOLD NIXDORF reserves the right to protect, extending the security perimeter to the end user. 
1.2. “User" means the end user who operates the device on which the OFD solution is installed and/or running.  
1.3. "Partners" means an organization or individual related to DIEBOLD NIXDORF in any way, which offers the OFD solution to the User via its channel.
1.4. “DIEBOLD NIXDORF” is DIEBOLD NIXDORF, with headquarters located at Avenida Francisco Matarazzo, 1.350 - 3rd floor - Água Branca, São Paulo / SP, company responsible for the OFD solution/service.
1.5. “Sites” includes the Internet Banking website and / or application, E-Commerce website and / or application, government websites and legitimate institutions that DIEBOLD NIXDORF reserves the right to protect.

2. LICENSE

2.1. This LICENSE AGREEMENT constitutes an agreement between DIEBOLD NIXDORF and the User.
2.2. DIEBOLD NIXDORF grants a non-exclusive license for the use of OFD by the User during the period in which the product is made available by DIEBOLD NIXDORF to the market, provided that the User agrees to the terms and conditions of this LICENSE AGREEMENT.
2.3. The use of OFD is assigned, not sold, to the User. The OFD Software and any copies that the User makes are the intellectual property of DIEBOLD NIXDORF.
 
3. MODIFICATIONS TO THE TERMS OF USE

3.1. THE CLAUSES OF THIS LICENSE AGREEMENT MAY BE CHANGED AND UPDATED AT ANY TIME BY DIEBOLD NIXDORF.
3.2. At any time, DIEBOLD NIXDORF may change or revise this LICENSE AGREEMENT, in its sole discretion. This new document will come into force 48 (forty-eight) hours after its publication on the DIEBOLD NIXDORF website (www.dieboldnixdorf.com.br/eula-usuario-final). Users who do not accept the new terms must uninstall the OFD solution.

4. INTELLECTUAL PROPERTY

4.1. By accepting this LICENSE AGREEMENT you agree that OFD, the systems, ideas, operating methods, source code, documentation and other information contained therein are intellectual property and / or valuable trade secrets of DIEBOLD NIXDORF.
4.2. DIEBOLD NIXDORF retains all rights, logos, marks, symbols, titles and interests in the OFD, including, without limitation, any corrections, errors, improvements, updates and other necessary modifications.
4.3. The installation and use of OFD does not transfer any title to the intellectual property to the User and the User does not acquire any rights, except those expressly established in this LICENSE AGREEMENT or by the applicable law.
4.4. DIEBOLD NIXDORF reserves all rights not expressly granted to the User in this LICENSE AGREEMENT.
4.5. In Brazil, copyright protection is based on two legal statutes (Law 9,609 / 98 and Law 9,610 / 98) and international conventions signed by Brazil, in particular the so-called TRIPS Agreement - “AGREEMENT ON INTELLECTUAL PROPERTY RIGHTS RELATED TO TRADE”.
 
5. PRIVACY AND USE OF INFORMATION

5.1. As described in item 1.1 of this LICENSE AGREEMENT, the "OFD" is a technological solution whose premise is to provide greater security to the User's devices, enabling the reliability and necessary protection for accessing websites and/or Internet Bankings applications, websites and / or E-Commerce applications, government websites and legitimate institutions that DIEBOLD NIXDORF reserves the right to protect.
5.2. When the User accesses the Sites, personal data may be transferred to be operated by DIEBOLD NIXDORF on its OFD platform, which are:

(i) Full name;
(ii) CPF number;
(iii) RG number;
(iv) CNH number;
(v) E-mail;
(vi) Address;
(vii) Mother's full name;
(viii) Father's full name;
(ix) Bank branch number where the User has an account;
(x) User account number;
(xi) Income;
(xii) Photo for authentication in the application;
(xiii) Voice for application authentication.

5.3. DIEBOLD NIXDORF may also proactively collect the following data from the User's device on which the OFD is installed:

(i) Information on the operating system used;
(ii) Hardware information;
(iii) Information on other software, browsers, extensions and protection systems installed on the User's device, especially when there is a high potential for security risk for the User;
(iv) Network parameters;
(v) Location, with GPS, antennas and Wi-fi resources;
(vi) Operating system;
(vii) Information from OFD itself, such as version and installation parameters for packages and updates;
(viii) Information on the websites of the Sites that may present a risk of compromising access credentials;
(ix) Information of Users who used the device.

5.4. The above personal data, which may be collected by DIEBOLD NIXDORF, are used to:

(i) Prevention of electronic fraud;
(ii) Prevention of financial fraud;
(iii) Promote improvements and improvements in its products and services.

5.5. DIEBOLD NIXDORF takes all technical and organizational measures to protect the confidentiality and security of Users' data and information. All data and information of Users are stored in a secure and encrypted environment, in a public “cloud” contracted by DIEBOLD NIXDORF, located in the city of Virginia, in the United States of America, and in the city of São Paulo, located in Brazil.

5.6. DIEBOLD NIXDORF may share User data, as provided for in items 5.2 and 5.3 above, within the scope of its economic group, as well as with other third parties, in the following cases:
(i) For the regular exercise of rights in judicial, administrative or arbitration proceedings;
(ii) In case of incorporation, merger or acquisition of all or part of DIEBOLD NIXDORF by another company, or if DIEBOLD NIXDORF has to sell or dispose of all or a part of DIEBOLD NIXDORF's business, the acquirer would have access to the information held for this business of DIEBOLD NIXDORF, which could include personal data, subject to applicable law. Likewise, personal data may be transferred as part of a corporate restructuring, insolvency, bankruptcy or other similar event, if permitted and done in accordance with applicable law.

6. DISCLAIMERS AND WARRANTIES

6.1. DIEBOLD NIXDORF is not responsible for damage caused to Users' computers caused by infection by Malicious and/or Potentially Unwanted Software, including, but not limited to, those arising from the disclosure of information to third parties or loss of data, arising directly or indirectly use of the Software, caused to the User.
6.2. Being developed for GENERIC use, DIEBOLD NIXDORF CANNOT GUARANTEE THAT OFD WILL MEET ALL SCENARIOS AND SPECIFIC NEEDS OF THE USER.
6.3. It is also warned that, based on the current state of technological development, even if all efforts are made and utmost caution, it is not possible to develop software that detects all existing malware or other malicious software.
6.4. It is also warned that correct or incorrect detections of files as malicious or malicious may occur. You acknowledge and agree that the actions resulting from these detections may occur on your computer as a result of using OFD.
6.5. THE OFD IS PROVIDED “AS IS” AND DIEBOLD NIXDORF MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, PROPERTY QUALITY, FITNESS OR PROPERTY.
6.6. DIEBOLD NIXDORF will not be responsible under any circumstances for losses of any kind, including, but not limited to, those arising from the disclosure of information to third parties or loss of data, lost profits, interruptions in work, resulting directly or indirectly from the use of OFD, caused to the User.
6.7. NO GUIDANCE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED FROM DIEBOLD NIXDORF OR THROUGH THE USE OF OFD WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS LICENSE AGREEMENT.
 
7. RESTRICTIONS AND SEALS

7.1. The User is prohibited from:
7.1.1. Disclose results of any OFD test without prior written approval from DIEBOLD NIXDORF;
7.1.2. Work around OFD's technical limitations;
7.1.3. Perform reverse engineering on the OFD or any of its parts unless this activity is permitted by applicable law;
7.1.4. Develop works derived from the OFD or any part of it;
7.1.5. Rent, sell or lend the OFD to third parties without the prior written approval of DIEBOLD NIXDORF.
7.1.6. Change or remove any copyright, patent, trademark or other protection notice contained in the OFD.
 
8. COMPATIBILITY AND REQUIREMENTS FOR INSTALLATION AND USE OF THE SOLUTION

8.1. The User must check if he / she has the necessary requirements to use OFD Desktop, which are available on the Website through the URL https://www.dieboldnixdorf.com.br/faq.
8.2. When installing the security solution, the analysis is performed on the computer in search of possible vulnerabilities in the operating system and installed programs. If any vulnerability is found, the installation wizard can automatically make the necessary adjustments for its full operation.
8.3. OFD upgrades and updates will be provided by DIEBOLD NIXDORF. The User acknowledges and agrees that it may be necessary to update the OFD periodically, in an automated and transparent or manual manner, at the sole discretion of DIEBOLD NIXDORF.
 
9. TECHNICAL SUPPORT AND MAINTENANCE

9.1. DIEBOLD NIXDORF provides the relationship website below to provide OFD technical support: http://www.dieboldnixdorf.com.br/support.
9.2. In case of need, DIEBOLD NIXDORF's technical team may request in person and / or remote access to the User's computer.
9.3. DIEBOLD NIXDORF reserves the right to remove the OFD at any time, without prior approval from the User.
 
10. GENERAL PROVISIONS

10.1. This LICENSE AGREEMENT must be interpreted in conjunction with the REQUIREMENTS FOR INSTALLATION AND USE OF THE SOLUTION and other documents pertinent to the solution.
10.2. In the event that any provision of this LICENSE AGREEMENT is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. In this case, the provision considered invalid, illegal or inapplicable should be replaced by another that leads the parties to the same desired economic and legal result.
10.3. The Brazilian Law applies to this LICENSE AGREEMENT and the District Court of the city of São Paulo, SP, Brazil is elected, with waiver of any other, however privileged it may be, to settle any dispute arising from the present. DIEBOLD NIXDORF reserves the right to sue the User at his home.
10.4. This LICENSE AGREEMENT replaces any previous documents, verbal or in writing, relating to the OFD or its documentation.
10.5. This LICENSE AGREEMENT will terminate immediately for breach of any obligations contained in this document.
 
11. CONTACT INFORMATION

In case of doubts about the information in this LICENSE AGREEMENT, or in case of other doubts, the User may contact our Relationship Center:
www.dieboldnixdorf.com.br/contato-antifraude
Avenida Francisco Matarazzo, 1.350 – 4º andar – Água Branca, São Paulo/SP.
CEP: 05001-100
+55 11 3643-3000
DIEBOLD NIXDORF™. All rights reserved. OFD and any accompanying documentation are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

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