BLUEWAVE TECHNOLOGY, INC.
BlueWave Technology, Inc. is committed to safeguarding the privacy of our website visitors and mobile app users. This policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your visits to and use of this website or use these mobile apps.
(b) information that you provide to us for the purposes of contacting us about our products and services, inclusive of inquiries from the press, members of the entertainment community, legal community or any other purpose. By giving us your information through a Web form, you consent to allow BlueWave Technology, Inc. to store and process your information so that our team can contact you.
We may collect, store and use non-personal data about your visits to and use of this website or use of these mobile apps.
(c) BlueWave Technology, Inc. uses information collected to provide you with the information you request. BlueWave Technology, Inc. may use information collected to provide you with additional information about our services. BlueWave Technology, Inc. may also use information collected to improve our website(s), mobile apps, and services. We do not sell, rent, or trade personally identifiable information with third parties for their promotional or solicitation purposes.
(2) Information about website visits
We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, phone number, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.
BlueWave Technology, Inc. uses both session-based and persistent cookies. Session cookies only exist during a single session and disappear from your computer as soon as you close your browser software or turn off your computer. Persistent cookies, however, stay on your device after you close your browser or turn off your device.
We may use anonymous cookies to record non-personal information such as website activity, date and time of visit, and domain type. We may use this information for retargeting purposes.
Please note that many web browsers allow you to refuse to accept cookies. You have the ability to disable cookies, however it may limit your use of certain features or functions on our websites or services and have a negative impact upon the usability of many websites, including this one.
The following are types of cookies and how you can manage your settings:
Functional cookies – These cookies allow us to store information about you such as where you’re from, which language you speak and other factors that help us optimize your user experience. We use third-party technology (e.g. Google Analytics) to track and analyze this information. To manage the use of functional cookies on BlueWave Technology, Inc. websites, please consult your individual browser’s settings. You can opt out from data collection by Google Analytics by downloading and installing the browser add-on.
Required cookies – These cookies enable us to identify you when you are returning to our site and process online requests. Since these cookies are essential to our site’s operation, there is no option to opt out of required cookies.
We may send a cookie which may be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing or sales purposes. We may also use that information to recognize your computer when you visit our website, and to personalize our website for you.
(3) Using your personal data
(a) improve your browsing experience by personalizing the website or use of mobile apps.
(b) send information to you which we think may be of interest to you by post or by email or similar technology;
(c) send to you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology.
(d) provide other companies with statistical information about our users. Note that any such shared information will not be used to identify any individual user.
(4) Using your non-personal data
Non-personal data may be collected and shared to provide relevant and targeted advertisements through retargeting. All data is anonymous and cannot be used to identify the visitor.
(5) Other disclosures
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
(6) Security of your personal data
We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the Internet is inherently insecure, and we cannot guarantee the security of data sent over the Internet.
In the event you are a BlueWave Technology, Inc. customer logging into our support portal, be advised that you are responsible for keeping your passwords confidential. We will not ask you for your passwords.
(7) Policy amendments
(8) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies of third-party websites.
Software License Agreement
The parties agree to the terms of this agreement.
- License Grant
1.1. Software License. BlueWave Technology, Inc. hereby grants to [Licensee] a non-exclusive, non-transferable, non-sublicensable, revocable license to the use its Software (FaceScope™ and/or PlateScope™).
1.2. No Other Rights. BlueWave Technology, Inc. reserves for itself all other rights and interest not explicitly granted under this agreement.
1.3. Software. “Software” means “said software being provided by the Company to Licensee for Licensee’s use).
- Training and Support Services
2.1. Training. BlueWave Technology, Inc. shall, at its expense, provide [Licensee] and/or its employees with the initial training services necessary and desirable to operate the Software, as further described upon acceptance of said Agreement.
2.2. Support. BlueWave Technology, Inc. shall provide support for both FaceScope™ and/or PlateScope™ so long as the [Licensee] has an active license and license fee payments are current.
- Updates and Maintenance Services
3.1. Updates. BlueWave Technology, Inc. shall provide [Licensee], at BlueWave Technology, Inc. sole expense, with all updates, extensions, enhancement, modifications, and other changes BlueWave Technology, Inc. makes or adds to the Software and which BlueWave Technology, Inc. offers to other licensees of the Software.
3.2. Fixes and Patches. BlueWave Technology, Inc. shall provide [Licensee], at BlueWave Technology, Inc. sole expense, with bug fixes and code corrections to correct Software malfunctions and defects in order to bring the Software into substantial conformity with its operating specifications.
3.3. Exceptions. BlueWave Technology, Inc. may, but will not be required to, provide these maintenance services if [Licensee] has modified the Software or is in default.
- License Fees. [Licensee] shall pay BlueWave Technology, Inc. the license fee of $(as specified on the Pricing Page of BlueWave Technology, Inc. website: https://bluewavetech.io) / per the product package selected and paid for by the [Licensee].
- License Fees
5.1. License Fee Payments [Licensee] shall pay the License Fee to BlueWave Technology, Inc.
(a) Annual payments shall be paid at the time of annual license purchase and shall renew on that same date annually with applicable discount. (annual auto-renew will remain in effect until/unless [Licensee] provides written request to BlueWave Technology, Inc. to terminate License(s). Shall the [Licensee] request to terminate the annual license, no refunds or prorated refunds will be given. The [Licensee] will be permitted to use the software until the annual license expires on (original expiration date).
(b) Monthly payments are due on the same day (date of license purchase) each month (monthly auto-renew will remain in effect until/unless [Licensee] provides written request to BlueWave Technology, Inc. to terminate License(s). Shall the [Licensee] request to terminate the monthly license, no refunds or prorated refunds will be given. The [Licensee] will be permitted to use the software until the monthly license expires (original expiration date).
(c) If electronic payment method on file ‘declines’ for any reason and a new or alternative payment method is not rendered within (3 days), [Licensee’s] access to software will be restricted, denied and/or terminated until [Licensee] has rendered payment if full including any late fees, service charges, or other charges which may apply at the discretion of BlueWave Technology, Inc.
(d) All payments shall be made electronically, using a major credit/debit card.
- Taxes. Sales tax on SaaS (software as a service) varies by state, if [Licensee] state is one that requires sales tax on SaaS, [Licensee] will be informed and will pay the sales tax per state law.
- Interest on Late Payments. Any amount not paid when due will bear interest from the due date until paid at a rate equal to 5% per month or the maximum allowed by Law, whichever is less.
- Restricted Uses. [Licensee] will not be allowed to:
8.1. distribute, license, loan, or sell the Software or other content that is contained or displayed in it,
8.2. modify, alter, or create any derivative works from the Software,
8.3. reverse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the Software,
8.4. remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.
- Permitted Uses
9.1. Installation. [Licensee] may install and use the Software solely for [internal business] use or any use firstly approved by BlueWave Technology, Inc.
9.2. Evaluation Use. If [Licensee] has ordered an evaluation license, [Licensee] may use the Software only for evaluation purposes and only during the applicable evaluation period.
9.3. Server Deployment. [Licensee] shall not install copies of the Software on a server.
9.4. Home Use. [Licensee] shall not install copies of the Software on a home computer.
9.5. Backup and Archival Copies. [Licensee] may make not make copies of the Software.
- Term. This agreement begins on the date it is electronically agreed to and will continue until written request for termination is given to BlueWave Technology, Inc. from [Licensee].
11.1. Mutual Representations
(a) Existence. The parties are corporations incorporated and existing under the laws of the jurisdictions of their respective incorporation.
(b) Authority and Capacity. The parties have the authority and capacity to enter into this agreement.
(c) Execution and Delivery. The parties have duly executed and delivered this agreement.
(d) Enforceability. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.
(e) No Conflicts. Neither party is under any restriction or obligation that the party could reasonably expect might affect the party’s performance of its obligations under this agreement.
(f) No Breach. Neither party’s execution, delivery, or performance of its obligations under this agreement will breach or result in a default under
(i) its articles, bylaws, or any unanimous shareholders agreement,
(ii) any Law to which it is subject,
(iii) any judgment, Order, or decree of any Governmental Authority to which it is subject, or
(iv) any agreement to which it is a party or by which it is bound.
(g) Permits, Consents, and Other Authorizations. Each party holds all Permits and other authorizations necessary to
(i) own, lease, and operate its properties, and
(ii) conduct its business as it is now carried on.
(h) No Disputes or Proceedings. [Except as disclosed in the parties respective Disclosure Schedules (if applicable)] There are no Legal Proceedings pending, threatened, or foreseeable against either party, which would affect that party’s ability to complete its obligations under this agreement.
(i) No Bankruptcy. Neither party has taken or authorized any proceedings related to that party’s bankruptcy, insolvency, liquidation, dissolution, or winding up.
11.2. BlueWave Technology, Inc. Representations
(a) Disclosure Schedule. BlueWave Technology, Inc. Disclosure Schedule lists any exceptions to its representations.
(b) Ownership of Intellectual Property. [Except as disclosed in BlueWave Technology, Inc. Disclosure Schedule if applicable]; BlueWave Technology, Inc.:
(i) is the owner of all Intellectual Property rights and patent-pending applications included in the Software and granted under in the SOFTWARE and
(ii) has the exclusive right to grant the SOFTWARE.
(c) Maintenance of Intellectual Property. BlueWave Technology, Inc. has properly maintained all its Intellectual Property rights licensed under the SOFTWARE, including paying all applicable registration and maintenance fees.
(d) No Prior Grant or Transfer. BlueWave Technology, Inc. has not granted and is not obligated to grant any license to any third party that would conflict with the SOFTWARE under this agreement
(e) No Infringement. [To BlueWave Technology, Inc. Knowledge,] The Software does not infringe the Intellectual Property rights or other rights of any third party.
(f) No Third-Party Infringement. [Except as disclosed in BlueWave Technology, Inc. Disclosure Schedule (if applicable)] To BlueWave Technology, Inc. Knowledge, no third party is infringing its Intellectual Property rights in the Software.
(g) Not in Public Domain. The Software is not in the public domain.
- No Warranty
12.1. “As-Is”. The [Licensed] Software is provided “as is,” with all faults, defects, bugs, and errors.
12.2. No Warranty. Unless otherwise listed in this agreement,
(a) BlueWave Technology, Inc. does not make any warranty regarding the [Licensed] Software, which includes that
(b) BlueWave Technology, Inc. disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.
- Intellectual Property. BlueWave Technology, Inc. will retain exclusive interest in and ownership of its Patents and Intellectual Property rights in and to the Software and expressly reserves all rights not expressly granted under this agreement.
- Compliance with Laws. Each party shall
14.1. comply with all applicable Laws [relating to [SUBJECT MATTER OF AGREEMENT]], and
14.2. notify the other party if it becomes aware of any non-compliance in connection with this section.
- Confidentiality Obligations. The parties shall continue to be bound by the terms of the non-disclosure agreement between the parties, dated as of the effective date of this Agreement and attached herein in a separate document entitled Non-Disclosure Agreement.
16.1. Consent. Neither party will use the other party’s name, logo, or trademarks, or issue any press release or public announcement regarding this agreement, without the other party’s written consent, unless specifically permitted under this agreement or required by Law.
16.2. Cooperation. The parties shall cooperate to draft all appropriate press releases and other public announcements relating to the subject matter of this agreement and the relationship between the parties.
16.3. No Unreasonable Delay. The parties will not unreasonably withhold or delay their consent to press releases or public announcements.
17.1 Termination for Material Breach. Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if
(a) the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and
(b) the failure, inaccuracy, or breach continues for a period of 30 Business Days’ after the injured party delivers notice to the breaching party reasonably detailing the breach.
- Effect of Termination
18.1. Payment Obligations. On the expiration or termination of this agreement, each party shall
(a) pay any amounts it owes to the other party, including payment obligations for services already rendered, work already performed, goods already delivered, or expenses already incurred, and
(b) refund any payments received but not yet earned, including payments for services not rendered, work not performed, or goods not delivered, expenses forwarded.
18.2. Termination of License Grant. On the expiration or termination of this agreement the SOFTWARE granted under this agreement will terminate with immediate effect.
- Return of Property. On termination or expiration of this agreement, or on BlueWave Technology, Inc. request, [Licensee] shall
19.1. return to BlueWave Technology, Inc. all originals of the information, documents, equipment, files, and other property, including Intellectual Property, it received from BlueWave Technology, Inc.
19.2. destroy all copies of BlueWave Technology, Inc. information, documents, equipment, files, and other property, including Intellectual Property, it made, and
19.3. on BlueWave Technology, Inc. request, certify to BlueWave Technology, Inc. in writing that it destroyed all these copies.
20.1. Indemnification by [Licensee]. [Licensee] (as an indemnifying party) shall indemnify BlueWave Technology, Inc. (as an indemnified party) against all losses and expenses in connection with any proceeding arising out of
(a) [Licensee]’s use of the Software, and
(b) [Licensee]’s unauthorized customization, modification, or other alterations to the Software, including claims that its customization, modification, or other alterations infringe a third party’s Intellectual Property rights,
20.2. Mutual Indemnification. Each party (as an indemnifying party) shall indemnify the other (as an indemnified party) against all losses in connection with any proceeding arising out of the indemnifying party’s willful misconduct or gross negligence.
20.3. Notice and Failure to Notify
(a) Notice Requirement. Before bringing a claim for indemnification, the indemnified party shall
(i) notify the indemnifying party of the indemnifiable proceeding, and
(ii) deliver to the indemnifying party all legal pleadings and other documents reasonably necessary to indemnify or defend the indemnifiable proceeding.
(b) Failure to Notify. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party’s failure.
20.4. Exclusive Remedy. The parties’ right to indemnification is the exclusive remedy available in connection with the indemnifiable proceedings described in this section [INDEMNIFICATION].
- Limitation on Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
- General Provisions
22.1. Entire Agreement. The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement,
(a) represent the final expression of the parties’ intent relating to the subject matter of this agreement,
(b) contain all the terms the parties agreed to relating to the subject matter, and
(c) replace all of the parties’ previous discussions, understandings, and agreements relating to the subject matter of this agreement.
(a) Signed in Counterparts. This agreement may be signed in any number of counterparts.
(b) All Counterparts Original. Each counterpart is an original.
(c) Counterparts Form One Document. Together, all counterparts form one single document.
22.3. Amendment. This agreement can be amended only by a writing signed by both parties.
22.4. Assignment. Neither party may assign this agreement or any of their rights or obligations under this agreement without the other party’s written consent.
(a) Method of Notice. The parties shall give all notices and communications between the parties in writing by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid [, (iv) fax] [, or (v) electronic mail] to the party’s address specified in this agreement, or to the address that a party has notified to be that party’s address for the purposes of this section.
(b) Receipt of Notice. A notice given under this agreement will be effective on
(i) the other party’s receipt of it, or
(ii) if mailed, the earlier of the other party’s receipt of it and the [fifth] business day after mailing it.
22.6. Governing Law and Consent to Jurisdiction and Venue
(a) Governing Law. This agreement, and any dispute arising out of the SOFTWARE LICENSING OF THE AGREEMENT, shall be governed by the laws of the State of WASHINGTON as well as the Federal laws of The United States of America.
(b) Consent to Jurisdiction. Each party hereby irrevocably consents to the non-exclusive jurisdiction and venue of any State or Federal court located within the State of Washington, Country of the United States of America in connection with any matter arising out of this agreement or the transactions contemplated under this agreement.
(c) Consent to Service. Each party hereby irrevocably
(i) agrees that process may be served on it in any manner authorized by the Laws of the State of Washington, and
(ii) waives any objection which it might otherwise have to service of process under the Laws of the State of Washington.
22.7. Dispute Resolution
(a) Arbitration. Any dispute or controversy arising out of this agreement and Software Licensing of such will be settled by arbitration in Washington, according to the rules of the American Arbitration Association then in effect.
(b) Judgment. Judgment may be entered on the arbitrator’s award in any court having jurisdiction.
(c) Arbitrator’s Authority. The arbitrator will not have the power to award any punitive [or consequential] damages.
(a) Affirmative Waivers. Neither party’s failure or neglect to enforce any rights under this agreement will be deemed to be a waiver of that party’s rights.
(b) Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.
(c) No General Waivers. A party’s failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.
(d) No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
22.9. Severability. If any part of this Agreement declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
- Liability. The FaceScope/PlateScope™ mobile App is a technology tool and not a guarantee of safety, security, or protection. 911 should therefore be dialed first in the event any such threat shall arise. BlueWave Technology, Inc. is not held liable or responsible for the prevention of crime, or the safety for the user of said mobile App, security or protection, reliability or accuracy of the mobile App or any information pertaining to such herein. Furthermore,
BlueWave Technology, Inc. shall be held harmless if an end user downloads the FaceScope™ Mobile App and any such situations or those likewise shall occur.
- FaceScope™ Mobile App & Web Portal Privacy/Data Use.
(a) FaceScope™ is a mobile app and web portal used for creating and referencing incident records of persons and/or vehicles on the private property of Users (Licensee’s). A photo or image is taken of the person or license plate that is involved in the incident or in violation on private property. The image of the person’s face or vehicles license plate is then compared to other images in the User’s (Licensee’s) database. The Users (Licensee’s) database is created and built upon organically over time as images are added to it by the Licensee.
(b) Shall the image not be found as indicated in Section 24(a), the image shall then become indexed for future use and saved to the BlueWave Technology, Inc. S3 encrypted servers.
(c) If the image is found as indicated in Section 24(a), the App shall then show a positive match and a new incident record will be entered by the user (Licensee), also all previous incident history for the person(s) will be made available to the user (Licensee).
(d) The Person’s info obtained by the User (Licensee) may include some or all of the following info input into the incident record database i.e., Name, Date of birth, GPS location and, shall be stored on BlueWave Technology, Inc. S3 encrypted servers upon adding of new incident record and the data can then be displayed to User (Licensee) for future reference of previous incidents.
(e) BlueWave Technology, Inc. does not share any information collected and stored on S3 encrypted servers with third parties. If such information is ever shared, it shall only be shared between BlueWave Technology, Inc., and its Licensee, and shall only be shared for the purpose of official business or assistance only. Information or data shall never be shared or sold for solicitation or promotional purposes.