The Free Test Scan and all the information presented to SecPoint ApS upon your application for the service ("Registration") includes an agreement (the "Agreement") between [Company Name] (the "End-User") and SecPoint ApS, a Denmark-based organization ("SecPoint ApS"), for a solitary limited trial subscription to this special SecPoint ApS Service.
The End-User's usage of the Service adheres to the subsequent limitations and the End-User hereby agrees to the following: (a) The End-User may utilize the Service in order to map domain names and/or scan IP addresses registered to and owned by the End-User, or for which the End-User likewise has the complete authority, rights, and power to consensually scan. (b) The End-User cannot utilize the Service save for the restricted and limited objective of reviewing only for the End-User's own domestic business goals, which includes vulnerability test results as presented in the reports of IP address scans offered by the SecPoint ApS (the "Reports") and obtaining the Service's user interface. (c) Even though there's no need to do a software transfer from SecPoint ApS to the End-User's machine to activate the Service, the End-User consents to never disassemble, decompile, or reverse engineer any software that provides the Service, or even try to extricate the procedures by which the Service is effectuated or the Reports are produced, except to the extent that such restrictions are actually rendered illegal by an applicable law. (d) Once the trial period has ended or is terminated, the End-User must stop all use of the different Service features, which includes any downloads of Reports and so on.
From here on end, all intellectual propriety rights now known or henceforth recognized in any jurisdiction found in and referred to by the Reports and the Service are the property of SecPoint ApS and its licensors. The End-User complies to not attempt any claim of ownership thereto and interest therein. The End-User also concedes that the Service's code, organization, and structure are the valuable and significant trade secrets of SecPoint ApS and/or its distributors, so all information and data contained within the Reports or Service (with the exception of the network IP addresses' individual factual data collected from the End-User) are considered confidential information and exclusive property of SecPoint ApS. The End-User accepts to ensure that such information is not disclosed to any third parties and remains secret as per the stipulations of this contract. The End-User is forbidden to refer to, use, or access any such data save for utilizing Reports solely for domestic business goals and/or vulnerability examination in regards to targeted IP addresses as well as the restricted goal of producing Reports for IP addresses from End-User-requested scans
3. IP Addresses; Indemnity.
(a) The End-User warrants and upholds that the End-User has full authority, right, and power to consent to have the Service scan for security holes and bugs for the domain names or IP addresses identified by SecPoint ApS for scanning, whether during the first Registration or from then on, and whether in an electronic manner or by other methods. The End-User will also indemnify and not hold responsible SecPoint ApS, its licensors, agents, employees, directors, officers, sponsors, partners, and Authorized Resellers for any third-party claims, fines, awards, judgments, damages, losses, liabilities, suits, costs, and expenses (which includes reasonable lawyers' fees) sustained by or charged against the same resulting from or based on the End-User's use or misuse of the Service, which includes any claim caused by the End-User's violation of this Section of the Agreement. (b) The End-User also agrees and addresses that scanning of such domain names and/or IP addresses may reveal coding flaws and weaknesses that in some situations could instigate the disruption of the operation of certain site(s). Moreover, a couple of the Service's optional features, which include abusive scans, contains substantial risk to loss or corruption of data, hardware failure, loss of service, and Denial of Service (DOS) attacks. Therefore, the End-User must assume responsibility for all expenses, losses, and damages incurred from the use of the Service.
4. Warranty Disclaimer.
THE REPORTS AND SERVICE ARE OFFERED "AS IS" AND WITHOUT ANY KIND OF WARRANTY, SO SECPOINT APS, ITS AUTHORIZED PARTNERS, RESELLERS, AND SPONSORS EXPLICITLY AND DELIBERATELY REPUDIATE ALL WARRANTIES WHETHER THEY ARE STATUTORY, IMPLIED, OR EXPRESS, AND IT INCLUDES BUT IS NOT RESTRICTED TO ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, FITNESS FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Without restricting the abovementioned terms, SecPoint ApS offers no warranty-based assurance that the Service will be complete, error-free, secure from unauthorized access, free from failure or interruption, or that the Service will identify and discover every last vulnerability and weakness in the End-User's system or network. SecPoint ApS neither guarantees that the Reports or the Service will meet the Card Program Criteria nor imply that the End-User should exclusively rely on the statements shared by SecPoint ApS staff regarding the Card Program or the "Pass" assessment in a Report as a signal that the End-User's system is fully secure.
5. Limitation of Liability.
THE TRIAL SUBSCRIPTION REFERRED TO THIS AGREEMENT IS OFFERED TO THE END-USER FREE OF CHARGE. TO THE FULL EXTENT ALLOWED BY THE LAW, IN NO EVENT WILL SECPOINT APS, ITS AUTHORIZED RESELLERS, ASSIGNS, OR SUCCESSORS BE HELD ACCOUNTABLE TO THE END-USER UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND WHATSOEVER WHETHER IN CONTRACT, TORT, OR OTHERWISE; APPLICATION OR EQUIPMENT DOWNTIME; LOSS OF DATA; AND LOSS OF PROFITS THAT HAS COME ABOUT BECAUSE OF THE END-USER'S USE, MISUSE, OR INABILITY TO USE THE SERVICE, EVEN IF SECPOINT APS HAS BEEN INFORMED OF THE CHANCES FOR SUCH DAMAGES BEFOREHAND. UNDER NO CIRCUMSTANCES SHALL SECPOINT'S AND ITS LICENSORS' TOTAL LEGAL RESPONSIBILITY TO THE END-USER FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN TORT, CONTRACT, AND SO ON, EVER EXCEED ONE HUNDRED DOLLARS.
The End-User consents to follow all relevant laws when using the Service, which includes all applicable rulings concerning export control. This Agreement is managed by the laws of Denmark and the City of Copenhagen, without any allusion to conflict for laws principles. This Agreement specifically excludes the United Nations Convention of Contracts for the International Sale of Goods. Any disagreement, problem, or dispute between SecPoint ApS and the End-User regarding this Agreement will be submitted to the authority of the city and federal courts in the City of Copenhagen. This Agreement serves as the entire contract between SecPoint ApS and the End-User, and as such supplants any other advertising or communications with respect to the documentation and the Service. If any stipulation of this Agreement is held invalid, the remaining provisions of this Agreement will remain in full force and effect. No condition of this Agreement shall be considered modified or waived except in a writing signed by an authorized representative of SecPoint ApS. There are no implied licenses hereunder. The End-User is forbidden to assign this Agreement without the prior written consent of SecPoint ApS.
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