Terms and conditions of The Kernel LLC as a distributor of Yubico products

Prices in the online store: not subject to VAT (except for the countries in which The Kernel office is registered), sales tax, import, and customs duties. If applicable, VAT or sales tax will be added to the price before the order is confirmed. To find out what import duties and taxes may be added to the order amount, please contact [email protected] for details.

Seller company. Sales will be made through the following company:

• Ze Kernel LLC (Ze Kernel – Ukraine).

The sales company will be determined before the order confirmation.

By purchasing any of Yubico’s products from The Kernel LLC or from any of their partners, dealers or distributors, you accept the manufacturer’s Terms and Conditions.

Terms of sale and license Yubico

The following Terms and Conditions shall be included in every YubiKey and YubiHSM sale and purchase agreement (“Product/Products”) between Yubico and you and govern each such sale and purchase and use of the Products, and your access to use the Yubico Verification Service (“Services” or “YubiCloud”).

Important legal information: This agreement (the “Agreement”) between you and Yubico is legally binding. By using the Product or Service, or by clicking “Agree” (if you are making a purchase through the website), you acknowledge that you fully understand, agree to be bound by all the Terms and Conditions of this Agreement, and you accept all responsibility under this Agreement.

If you are accepting this Agreement on behalf of the company identified on the applicable order form, by doing so you acknowledge that you are authorized to do so.

If you do not accept the Terms of this Agreement, you may not use the Yubico Product or Service, and the original purchaser must return the Yubico Product within thirty (30) days from the date of delivery to the original purchaser (including the purchase receipt, original packaging, and documentation) to complete refund of the purchase price.

In accordance with this Agreement, we reserve the right to process your personal data. For more information regarding our processing of your personal data and your respective rights, please see Privacy Policy.

The terms and conditions of this Agreement shall be included in every contract between Yubico and you for the sale or purchase of a Product, and govern every sale, purchase and use of the Product and Service.

As used herein, “Yubico” means the legal entity Yubico, Yubico Inc., USA or Yubico AB, Sweden that supplied the Product to you. “Product” means YubiKey or YubiHSM, as the case may be, and “Service” means YubiCloud (one-time password validation service).

• A. Limited Warranty. Yubico warrants the Product to be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original purchaser (“Warranty Period”). If the Product proves to be defective in material or workmanship during the Warranty Period and the Product is returned to Yubico during the Warranty Period, Yubico will, at its sole discretion and subject to applicable laws: (a) repair or replace any defective Product with a new or refurbished; or (b) refund the original purchase price of the Product. The Warranty Period for any repaired or replaced Products is the remainder of the original Warranty Period of one (1) year or ninety (90) days from the date the repaired or replaced Product is delivered to the purchaser. This paragraph A sets forth Yubico’s exclusive obligations and your sole remedy for any breach of the Limited Warranty.

1. Restrictions. The limited warranty extends only to the original purchaser of the Product and is non-transferable. The limited warranty does NOT apply to a Product that:

1. has been altered or modified by anyone other than Yubico;
2. was not kept under standard containment conditions or used for purposes other than those specified in Yubico’s recommended policies;
3. has been subjected to abnormal physical or electrical stress, misuse, negligence or accident;
4. has evidence of intentional alteration or removal of the serial number, other than normal wear and tear; or
5. was provided by Yubico free of charge.

In no case does Yubico warrant that the Product is error-free, will function correctly or at all in all computer environments and configurations, or that you will be able to operate the Product without problems or failures. Yubico does not warrant that the Product or any equipment, system, or network on which the Product is used will not be vulnerable to intrusion or attack.

1. License. The Product may contain certain object code in the Software (“Firmware”) embedded in secure equipment prior to shipment to the user, and/or shipped separately for use with the Product (“Driver Code”) (collectively, the “Software”). Yubico grants you a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable license to use the Software solely in connection with your use of the Product and in accordance with the terms and conditions of this Agreement. You may use the Firmware only as it was originally deployed to the Product. You may not separate the Software from the rest of the Product or use the Software on another device. You may not distribute, license, sell, rent or otherwise make the Software available to third parties.
2. Rights Protection. The software is licensed, not sold. All ownership rights in the Software and other intellectual property rights of Yubico in connection with the Software, such as, but not limited to, copyrights, trade secrets, patents, trademarks and service marks, remain at all times with Yubico and its licensors, as applicable. You agree that the methods, ideas, algorithms, designs, concepts, code, and processes contained in or involved in the Product constitute Yubico’s intellectual property rights and are subject to confidentiality protection. You therefore agree not to reverse engineer, disassemble or decompile, or otherwise attempt to derive source code or cryptographically analyze the Product within the limits permitted by law.
3. Compliance with Laws. In connection with the use and transport of the Product, including the Software, you must comply with all applicable export, import, and other relevant laws of any applicable jurisdiction. It is your responsibility to determine the relevant laws. You acknowledge and fully understand that the Product, including the Software, is cryptographic in nature and is therefore subject to strict regulation by law. You are strictly prohibited from exporting, re-exporting, or importing the Product or Software, by any means, without first verifying that doing so complies with all government regulations, import and export laws, rules, regulations and ordinances, and without obtaining all necessary permissions. Obtaining all necessary import or export permits for the Product is your responsibility.
4. Warranty Disclaimer. The service is provided free of charge and “as is”, without any obligations or warranties. With respect to the Product, including the Software, all implied warranties of merchantability and fitness for a particular purpose are limited to the duration of the applicable express limited warranty. All other conditions, representations and warranties, statutory and implied by law, including any warranties of infringement of rights, are expressly disclaimed. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. The limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

Except to the extent permitted by applicable law, Yubico and/or its affiliates shall not, under any circumstances, be liable for loss or corruption of data, or unauthorized access to computer systems, data, or any other information.

Except as expressly provided herein, Yubico provides the Product “as it is”. By using the Product, the user assumes all risk and responsibility for the use of the Product. Without limiting the foregoing, Yubico does not warrant that the Product or Service will function without defects, or that the Product or Service will be free of viruses or other harmful mechanisms, or that all programming errors can be detected and corrected. To the fullest extent permitted by applicable law and subject to this Agreement, Yubico disclaims any and all liability for the accuracy, error, omission, completeness or usefulness of the Product, Service and any Software, process, method, equipment, technical support or procedure provided to you under this Agreement. Yubico and/or its affiliates, licensors, employees, distributors, and dealers shall not be liable in any way for loss or damage resulting from the use of the Product, Service or any information contained in any documentation provided to the user.

Limitation of Liability. In no event shall the aggregate liability of Yubico and/or its affiliates, licensors, employees, distributors, and dealers under this Agreement or the use of the Product or Service exceed the price paid for the Product. Under no circumstances shall Yubico and/or its affiliates, suppliers, licensors, employees, distributors, and dealers be liable for damages caused as lost profits, incidental, punitive, consequential or special damages, even if any of them were is aware of the possibility of such damages, in particular, but not limited to, such as: business interruption, loss of company assets and profits, failure to realize expected savings, economic losses, loss of data, loss of business prospects or legal actions against the user initiated by third parties. The foregoing limitations will apply even if any warranties or remedies provided in this Agreement fail to achieve their essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Reimbursement. You agree to indemnify, defend and hold harmless Yubico and its affiliates from any third party claims, demands, causes of action, damages, losses, liability, suits, proceedings, judgments, or expenses (including attorneys’ fees) brought against Yubico, its affiliates, employees, resellers, or distributors based on your use of the Product or Service.

Validity and Termination. The term of this Agreement shall commence on the date of Yubico’s order confirmation and continue until terminated as specified below. However, our Privacy Notice and Cookie Notice may remain in effect even after the Agreement expires or is terminated.

1. This Agreement will terminate automatically without notice or action by Yubico if you breach any material terms of this Agreement.
2. This Agreement will terminate automatically without notice or action by Yubico if the user becomes insolvent or assigns rights under this Agreement to creditors, or if any other bankruptcy proceedings are initiated by or against the user.

Right to cancel. If you purchased the Product as an individual, you have the right to cancel your order within thirty (30) days of receipt of the Product, provided that the Product has not been used. In this case, you may return the Product to Yubico and Yubico will refund the purchase price of the Product. However, you must pay return shipping to Yubico.

Changes. Yubico reserves the right, at any time and in its sole discretion, to modify the Terms and Conditions of this Agreement relating to future purchases of Products. The Privacy Notice and the Cookie Notice may change from time to time in accordance with what is stated in them.

Choice of Law and Venue. This Agreement shall be deemed to have been entered into and shall be construed in accordance with the laws of: (i) the State of California, USA if you acquired the Product from Yubico Inc.; and (ii) Sweden if you purchased the Product from Yubico AB. In any case, the choice of law must be made without regard to its conflict of laws rules. In addition, both parties agree to the exclusive jurisdiction of the courts located in the State of California when the laws of California apply, and the courts located in Sweden when the laws of Sweden apply.

Other. The terms and conditions set forth or referred to herein constitute the entire understanding and agreement between you and Yubico and supersede all prior representations and agreements with respect to the subject herein. This Agreement, including all rights and licenses granted herein, shall not be assigned, transferred or sublicensed by you and any attempt to do so shall be void. Any notice, report, approval, or consent required or permitted under this Agreement must be in writing. Yubico’s waiver of liability for a breach of this Agreement shall not constitute a waiver of liability for any subsequent breach of this Agreement; and no delay by Yubico in exercising any right under this Agreement shall be construed as a waiver of any such right. If any provision of this Agreement is held by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall remain in full force and effect. The parties agree that a material breach of this Agreement that adversely affects Yubico’s ownership or intellectual property rights with respect to the Yubico Service or Product, including the Software, will cause irreparable damage to Yubico (and its affiliates), for which monetary damages are not an adequate remedy. Protection, and that Yubico is therefore entitled to a preliminary and permanent injunctive relief (without a requirement to post a bond) to remedy such breach, in addition to any other remedies it may have under this Agreement or at law.