TERMS AND CONDITIONS

NOTICE TO USER: BY USING ALL OR ANY PORTION OF THIS WEBSITE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT: All textual, graphical and other content appearing on this World Wide Web site (www.smartidusa.com,“Site”) is the property of MDCA Holdings, LLC All Intellectual Property Rights and the like contained on or available through this Site, is protected by law including, but not limited to, United States copyright, trade secret, patent and trademark law, as well as other state, national, and international laws and regulations. Accordingly, unauthorized use of any MDCA Holdings, LLC Intellectual Property Rights and the like is a violation of copyright laws, trademark laws, trade secret laws, patent laws, the laws of privacy and publicity, and other regulations, treaties and statutes. Please be aware that MDCA Holdings, LLC actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The information contained in the MDCA Holdings, LLC website is proprietary and deemed confidential. Any use, dissemination, forwarding, printing or copying is strictly prohibited. This contents of this website shall remain the property of MDCA Holdings, LLC. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, servicemark or other intellectual property of MDCA Holdings, LLC or any third party, except as expressly provided herein. Those who access this Site do so on their own volition and are responsible for compliance with all applicable local laws, including but not limited to, South Korea’s Trademark Act and Unfair Competition Prevention and Trade Secrets Protection Laws, International Law and Treaties, KIPO laws, and WIPO laws, treaties and like protection, particularly, the ideas, concepts, designs and other intellectual property contained herein are the sole property of MDCA Holdings, LLC All the content, trade marks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or legally licensed to or legally accessed by MDCA Holdings, LLC and as such are protected from infringement by local and international legislation and treaties.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of MDCA Holdings, LLC No additional rights are granted by implication, estoppel, or otherwise. SmartiD™, Smart Mobile™, Smart Solutions™, M-Verify™, Verify Me™, Dynamic Authentication™, SmartCode™, Digital Network Authenticity™, Verified by DNA™, Real-Time Verification... Anywhere™, are among the trademarks and service marks of MDCA Holdings, LLC that may appear in this Web Site, many of which are registered in the United States and other countries. This is not a comprehensive list of all trademarks of MDCA Holdings, LLC. All other names and marks mentioned in this Web Site are the trade names, trademarks or service marks of their respective owners. Please note that an infringement of our copyright or any other protective rights may lead to civil or criminal proceedings being initiated against you. The permission to use our Site does not include any further rights to use our trademarks or logos. The trademarks, logos, and service marks not owned on behalf of MDCA Holdings, LLC and that are displayed on the Site are the registered and unregistered marks of their respective owners. No rights are granted by MDCA Holdings, LLCto use such marks, whether by implication, estoppel, or otherwise. The use of this Site and the downloading of data is at your own risk. MDCA Holdings, LLC bears no responsibility for any damage, in particular to data files, hard/software of the user, arising as a result of such an action.

YOU FURTHER AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

THIS AGREEMENT made effective as of the 1st day of March, 2008. BETWEEN: MDCA Holdings, LLC (the “Inventor”) - and - THE END USER (the “Interested Party”) WHEREAS: Inventor has developed several authentication and verification technologies ( "invention") which constitutes proprietary information and trade secrets of Inventor. Interested Party is interested in learning about the invention which will require the disclosure of particulars of the Invention and Inventor’s business plans in relation to same. NOW THEREFORE, in consideration of the foregoing and the mutual covenants and agreements hereinafter set out, Inventor and Interested Party hereby agree as follows: The parties agree that this Agreement is for the purposes of protecting Proprietary Information only. Any agreement between the parties as to joint business activities will be set forth in subsequent written agreements.

The term Proprietary Information shall include all information and data furnished by Inventor to Interested Party, whether in oral, written, graphic or machine-readable form, including but not limited to designs, procedures, formulas, discoveries, inventions, improvements, models, templates, samples, prototypes, concepts and ideas, except such information and data as the parties agree in writing is not proprietary or confidential and except information made available to the general public. Interested Party agrees: (a) to hold the Proprietary Information received in confidence and not to show or disclose it to any third parties; (b) to use reasonable means, not less than that used to protect its own proprietary information, to safeguard the Proprietary Information; (c) to store the Proprietary Information in a safe place; (d) to limit the use of and access to the Proprietary Information to its bona fide employees or professional advisors whose use or access is necessary to effect the purposes of this Agreement; (e) to be responsible for any use or disclosure of Proprietary Information by any of its employees or agents; and (f) not to show or otherwise disclose the contents of the Proprietary Information to independent contractors or consultants.

Interested Party shall not remove any copyright, patent or proprietary rights notices attached to or included in any Proprietary Information furnished by Inventor. Interested Party shall reproduce all such notices on any copies. All copies made by Interested Party shall be also considered as Proprietary Information. The Proprietary Information shall be used by Interested Party for the sole purpose of evaluating the Invention. The Proprietary Information shall not be used to develop similar or competing products.

Interested Party agrees not to directly or indirectly: (a) decompile or reverse engineer the Invention or any part thereof; or (b) commence development, design, construction or manufacture of any product which would compete with the Invention, or which would contravene the Inventor’s copyrights related to the Invention or the Proprietary Information, or which would contravene any patents now or hereafter granted for the Invention; or (c) apply for a competing patent; or (d) assist any third party in any such act outlined in (a), (b) or (c) above, whether through investment of funds, assisting in raising funds, or providing expertise of any kind. Interested Party acknowledges that Inventor will be irreparably harmed if Interested Party’s obligations under this Agreement are not specifically enforced and that Inventor would not have an adequate remedy at law in the event of an actual or threatened violation by Interested Party of its obligations. Therefore, Interested Party agrees that Inventor shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Interested Party, its employees or agents without the necessity of Inventor showing actual loss or damages.

If any Article, Section, paragraph or provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this Agreement.This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. THIS WEB SITE MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEB SITES OF MDCA HOLDINGS, LLC, OEM PARTNERS OR AGENCIES WHICH ARE NOT AGENTS OF MDCA HOLDINGS, LLC. MDCA HOLDINGS, LLC DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABLITY, OPERATION OR PERFORMANCE OF WEB SITES OF ANY OTHER SITES, TO WHICH THIS WEB SITE MAY BE LINKED OR FROM WHICH THIS WEB SITE MAY BE ACCESSED. Should any user of this Web Site send any feedback or data, such as ideas, comments, suggestions or questions regarding any MDCA Holdings, LLC product or service or the content of this Web Site, such information shall be deemed to be non-confidential and MDCA Holdings, LLC shall have no obligation of any kind with respect to such information and shall be free to reproduce, use disclose and distribute the information to others without limitation. Further, MDCA Holdings, LLC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques. Access to this Web Site may be monitored from time to time. The requesting URL's, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Web Site constitutes consent to such monitoring. This Web Site may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. MDCA Holdings, LLC cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by MDCA Holdings, LLC on this Web Site, but MDCA Holdings, LLC is not responsible for misprints, out-of-date information, technical or other inaccuracies, typographical or other errors appearing on this Web Site. This Web Site and all information and related materials it contains are provided "AS IS." MDCA Holdings, LLC makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of this Web Site or the information or materials it contains. By using this Web Site, you assume the risk that the information and materials on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. MDCA Holdings, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL MDCA Holdings, LLC BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF MDCA Holdings, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The laws of Maryland and the United States shall govern use of the Site. Users agree that any action, suit, or proceedings arising from or related to use of the Site shall be brought exclusively in the federal or state courts of the State of Maryland without regard to choice of law or conflicts of law provisions.

We reserve the right to make changes to our Site, policies, and any of these terms of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The contents of this Site are Copyrighted © 1998 - 2011 MDCA Holdings, LLC All rights reserved. In addition, MDCA Holdings, LLC also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site's content.
 
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