End User License Agreement

PORTUQUÊS-BR

SPANISH

EULA - End User License Agreement


PLEASE READ CAREFULLY THE CONDITIONS BELOW BEFORE INSTALLING THIS SOFTWARE.

 

BY CLICKING "OK", "CONTINUE" OR I ACCEPT AND PERFORM THE INSTALLATION OR MAKE USE OF THIS SOFTWARE YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you do not accept any term or condition hereof, immediately cancel the installation or, if you already have the software installed, uninstall it.

 

1.      DEFINITIONS

 

1.1.  "OFD Desktop Warsaw" is a security solution designed by DIEBOLD NIXDORF with the purpose of providing more security to end users' devices, offering more reliability and protection during the access to Internet Banking, e-Commerce, government and legitimate institution websites DIEBOLD NIXDORF reserves the right to protect, extending the security scope to the end user.

 

1.2.  "User" means the end user that operates the computer on which the solution is installed.

 

1.3.  "Partners" means an organization or individual related to DIEBOLD NIXDORF in any manner that offers the OFD Desktop Warsaw solution to the end user via their channel.

 

2.      LICENSE

 

2.1.  This LICENSE AGREEMENT is an agreement between DIEBOLD NIXDORF and you.

 

2.2.  DIEBOLD NIXDORF grants you a non-exclusive license to use the Software for the period in which the product is made available by DIEBOLD NIXDORF to the market, provided that you agree with the terms and conditions of this LICENSE AGREEMENT.

 

2.3.  The use of the licensed OFD Desktop Warsaw is granted, not sold, to the User. The OFD Desktop Warsaw Software and any copies the User makes use are DIEBOLD NIXDORF's intellectual property.

 

3.      CHANGES TO THE USE TERMS

 

3.1.  THE SECTIONS HEREOF MAY BE CHANGED AND UPDATED AT ANY TIME BY DIEBOLD NIXDORF.

 

3.2.  At any time DIEBOLD NIXDORF may change or review this LICENSE AGREEMENT, at their sole discretion. This new document will be in effect within forty-eight (48) hours from its publication on DIEBOLD NIXDORF website (www.dieboldnixdorf.com.br/eula-usuario-final). The user who does not accept the new terms shall uninstall the OFD Desktop Warsaw Solution.

 

3.3.  THE CONTINUED USE OF THE OFD Desktop WARSAW BY THE USER AFTER THE PUBLICATION OF THE LICENSE AGREEMENT WILL BE DEEMED A TACIT ACCEPTANCE OF SUCH CHANGES.

 

4.      INTELLECTUAL PROPERTY

 

4.1.  By accepting this LICENSE AGREEMENT you acknowledge this software, the systems, ideas, operation methods, source code, documentation and other information contained therein are DIEBOLD NIXDORF's intellectual property and/or valuable trade secrets.

 

4.2.  DIEBOLD NIXDORF owns all rights, logotypes, trademarks, symbols, titles and interests in the software, including, without limitations, any corrections, errors, upgrades, updates and other necessary modifications.

 

4.3.  The installation and use of the software does not transfer you any intellectual property title and you are not granted any right, except those expressly provided for in this LICENSE AGREEMENT or by the applicable law.

 

4.4.  DIEBOLD NIXDORF reserves all rights that are not expressly granted to you in this LICENSE AGREEMENT.

 

4.5.  In Brazil, the copyright protection is based on two laws (Law 9,609/98 and Law 9,610/98) and on the international conventions signed by Brazil, specially the TRIPS Agreement - “AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS.”

 

5.      PRIVACY AND INFORMATION USE

 

5.1.  As per described in item 1.1 of this LICENSE AGREEMENT, the "OFD Desktop Warsaw" is a technological solution with the purpose of providing more security to end users' devices, enabling the necessary reliability and protection for their access to Internet Bankings, E-Commerce, government and legitimate institution websites DIEBOLD NIXDORF reserves the right to protect.

 

5.2.  In order to fulfill its purpose, the OFD Desktop Warsaw collects in a proactive manner, several information on the equipment on which it is installed, such as used operating system information, hardware information, installed software information, mainly in cases of verification of high potential user security risk, network parameters, browser and installed extension information, other existing protection system information, OFD Desktop Warsaw information, such as version and package installation and update parameters, visited web page information, information related to users who used the equipment, not limited, however, to this information.

 

5.3.  By agreeing with the terms provided for in this LICENSE AGREEMENT, the End User consents to the possibility of handling and storing the obtained information in order to perform improvements and upgrades in their products and servers. If the End User does not agree with the handling of personal data, DIEBOLD NIXDORF ensures the use of the LICENSE, but without the additional functionalities provided by DIEBOLD NIXDORF.

 

5.4.  The End User also agrees that, in accordance with Law No. 13,709 of August 14, 2018, the collected information may be used in the regular exercise of rights in court, administrative or arbitration proceedings, (the latter under Law No. 9,307, of September 23, 1996 - Arbitration Law);

 

 
6.      DISCLAIMERS AND WARRANTIES

 

6.1.  DIEBOLD NIXDORF will not be liable for damage caused to users' computer resulted from Malware and/or Potentially Undesired Software infection, including, but without limitation, damage resulting from the disclosure of information to third parties or data loss, resulting, directly or indirectly, from the Software use, caused to the User.

 

6.2.  Since the solution subject matter hereof was designed for GENERAL use, DIEBOLD NIXDORF MAY NOT WARRANT THIS SOFTWARE WILL MEET ALL CONTEXTS AND SPECIFIC NEEDS OF THE USER.

 

6.3.  In addition, based on the current technological development state, despite the use of all efforts and maximum diligence, it is not possible to develop a software capable of detecting all kind of existing malware or malicious software.

 

6.4.  We advise you that files may be correctly or incorrectly detected as a malware or malicious software. You acknowledge and agree that the actions resulting from these detections may take place on your computer as a consequence of the software use.

 

6.5.  THE SOFTWARE IS PROVIDED "AS IS" AND DIEBOLD NIXDORF DOES NOT OFFER ANY WARRANTY OR EXPRESS OR IMPLIED CONDITION, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY'S RIGHTS, PROPER QUALITY OR SUITABLE USE FOR A SPECIFIC PURPOSE.

 

6.6.  DIEBOLD NIXDORF will not be liable, in any case, for damage of any nature, including, but not limited to, damage resulting from the disclosure of information to third parties or data loss, loss of profits, work stoppage, directly or indirectly resulting from the Software use, caused to the User.

 

6.7.  NO GUIDANCE OR INFORMATION, WRITTEN OR ORAL, OBTAINED FROM DIEBOLD NIXDORF OR THROUGH THE USE OF THE SOFTWARE WILL ENTAIL ANY IMPLIED WARRANTY IN THIS LICENSE AGREEMENT.

 

7.      RESTRICTIONS AND PROHIBITIONS

 

7.1.  The user shall not:

 

7.1.1.     Disclose results of any software test without DIEBOLD NIXDORF's prior written consent.

 

7.1.2.     Bypass the software's technical limitations;

 

7.1.3.     Reverse engineer the software or any of its parts, except if this activity is allowed by the applicable law;

 

7.1.4.     Develop works derived from the software or from any part of it;

 

7.1.5.     Lease, sell or lend the software to third parties without DIEBOLD NIXDORF's prior written consent.

 

7.1.6.     Change or remove any copyrights, patents, trademarks or other protection notices contained in the Software.

 

8.      COMPATIBILITY AND REQUIREMENTS FOR INSTALLATION AND USE OF THE SOLUTION

 

8.1.  The User should check whether they meet the requirements for using the OFD Desktop Warsaw, which are available on the Website through the URL https://www.dieboldnixdorf.com.br/gas-antifraude

 

8.2.  When the security solution is being installed, the computer will be scanned for possible vulnerabilities of the Operating System and installed software. If some vulnerability is found, the installation assistant may automatically make the proper adjustments for its full operation.

 

8.3.  Software upgrades and updates will be provided by DIEBOLD NIXDORF. The User acknowledges and agrees that the OFD Desktop Warsaw may need to be updated, periodically, in an automatic and clear or manual manner, at DIEBOLD NIXDORF's sole discretion.

 

9.      TECHNICAL SUPPORT AND MAINTENANCE

 

9.1.  DIEBOLD NIXDORF makes available the customer service website below to provide technical support for the solution: http://www.dieboldnixdorf.com.br/suporte

 

9.2.  If it is necessary, DIEBOLD NIXDORF's technical team may request a on-site and/or remote access to the user's computer.

 

9.3.  DIEBOLD NIXDORF reserves the right to remove the software, at any time, without prior approval by the user.

 

10.  MISCELLANEOUS

 

10.1.                 This LICENSE AGREEMENT should be construed together with the REQUIREMENTS FOR INSTALLATION AND USE OF THE SOLUTION and other solution-relevant documents.

 

10.2.                 If any provision of this LICENSE AGREEMENT is deemed invalid, illegal or inapplicable, the validity, legality and applicability of the remaining provisions will not be affected or impaired in any manner. In such case, the invalid, illegal or inapplicable provision should be replaced with another provision with the same economic and legal purpose.

 

10.3.                 This LICENSE AGREEMENT is governed by the Brazilian laws and the parties choose the Judicial District of the city of São Paulo, SP, Brazil, to the waiver of any other however privileged it may be, to settle any dispute resulting herefrom. DIEBOLD NIXDORF reserves the right to sue the licensed party in their domicile.

 

10.4.                 This LICENSE AGREEMENT supersedes any previous documents, written or oral, referring to the Software or its documentation.

 

10.5.                 This LICENSE AGREEMENT will be immediately terminated due to the breach of any obligations contained herein.

 

11.  CONTACT DETAILS

 

In case of questions about the information contained in this LICENSE AGREEMENT or other doubts, the User may contact our Customer Service 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. The Software and any documentation accompanying it are protected by copyright laws and international copyright agreements, as well as other intellectual property laws and agreements.

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