Seculert - Request a Demo

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DEMO EVALUATION LICENSE AGREEMENT You must accept these terms and conditions in order to complete the registration process and start using the demo version of Seculert(tm) Cloud Based Cyber Threat Management Service(tm) (the "Service") rendered by Seculert Ltd. ("Seculert"). PLEASE READ THE TERMS AND CONDITIONS OF THIS DEMO EVALUATION AGREEMENT CAREFULLY (THE "AGREEMENT") BEFORE USING THE SERVICE. BY CLICKING THE "I ACCEPT" BUTTON BELOW YOU (EITHER INDIVIDUALLY OR ON BEHALF OF THE ENTITY OR COMPANY THAT YOU DULY REPRESENT) ARE ACCEPTING AND AGREEING TO BE UNCONDITIONALLY BOUND BY THE TERMS OF THIS AGREEMENT. YOUR CONTINUED USE OF THE SERVICE SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON AND CEASE ALL USE OF THE SERVICE. 1 Establishing Your Seculert Account 1.1 In order to access and use the Service, you must complete the registration procedures and establish a Service account. Upon completion of the registration procedure you shall be granted with user name and password to your own Service account. 1.2 As part of using the Service you shall be required to provide Seculert with names and addresses of domains and/or range of IP addresses you wish to examine (the "Domain & IP Addresses"). In order for Seculert to be able to provide the Service, YOU HEREBY GRANT SECULERT YOUR IRREVOCABLE CONSENT TO SEARCH FOR THREATS THAT RELATE TO SUCH DOMAIN & IP ADDRESSES ON THE CYBER INTERNET SPACE AND PRESENT THE RESULTS OF SUCH SEARCH THROUGH CLOUD BASED CYBER THREAT DASHBOARD THAT SHALL BE AVAILABLE FOR YOUR REVIEW THROUGH YOUR PERSONAL SERVICE ACCOUNT (the "Seculert Dashboard" and "Data" respectively). You further acknowledge that all of the information provided by you as part of the registration process, and while using the Service, is true and accurate and that the Domain & IP Addresses are fully owned by you and that you have sufficient rights to use such Domain & IP Addresses and grant your consent to Seculert as set herein. 2 Grant of License. 2.1 Subject to the terms and conditions of this Agreement, Seculert hereby grants you a non-transferable, non-sub licensable, non-exclusive, royalty-free license, limited for a period of 14 days ("Evaluation Period"), to open a Services account and use the Service during the Evaluation Period for the sole purpose of evaluation of the Service (the "Purpose"). 2.2 You hereby acknowledge and agree that this License is provided with a time limitation, and the License shall automatically expire at the end of the Evaluation Period. Upon such expiration your Service account shall be deactivated. If you wish to subscribe for a commercial license, you must enter into a separate binding services agreement with Seculert. 2.3 Your use of the Service is also subject to the general Terms of Use and Privacy Policy published on Seculert Web Site on http://www.seculert.com as may be updated from time to time (the "Seculert General Terms of Use"). 3 Using the Service. 3.1 You agree to use the Service only during the Evaluation Period and only for purposes: (a) that are permitted by this Agreement and within the scope of the license granted herein; (b) that are permitted by any applicable law or regulation including privacy laws, (c) that do not violate third party rights and agreements; and (d) that comply with all applicable policies or guidelines made available by Seculert. 3.2 Except as expressly and unambiguously permitted by this Agreement, you may not, nor permit anyone else to, directly or indirectly: (i) to allow any other party to use the Service and/or enter your Service account, other then those authorized personal that were approved (if applicable) as part of the registration process, and that shall be required to comply with the terms and condition of this Agreement; (b) transfer, assign, or pledge your rights under this Agreement, without obtaining the prior written consent of Seculert; (c) use the Service for any purpose other than the purposes and the scope of this Agreement set forth in herein. 3.3 Seculert reserves the right at its sole discretion to: (i) deny your access to your Service account and terminate such account and; (ii) reject your request to examine certain Domain & IP Addresses. 4 Term and Termination. This Agreement shall automatically terminate upon the expiration of the Evaluation Period unless earlier terminated as set forth in this Section. You may terminate this Agreement at any time by disconnecting the Services and closing your Service account. Seculert may terminate this Agreement immediately if you violate any provision of this Agreement or for any other reason. Any termination or expiration of this Agreement shall also terminate the licenses granted hereunder. It is hereby clarified that upon termination or expiration of this Agreement Seculert shall not be required to keep records of the Data that relates to your Service account. Sections ?1.2, ?4, ?5, ?6, ?7 and ?8 shall survive any termination or expiration of this Agreement. 5 Proprietary Rights. You agree and acknowledge that as between the parties Seculert and its licensors (if any) retain all rights, title, and interest in and to the Service and the Seculert Dashboard, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. All rights in and to the foregoing not expressly granted hereunder are reserved to Seculert and its licensors (if any). 6 Confidentiality. You acknowledge that Seculert Service and the Seculert Dashboard and all information relating to them constitute the confidential information of Seculert ("Confidential Information"). You shall hold in strict confidence, and shall not disclose to any third parties the Confidential Information. You shall not use Seculerts Confidential Information other then for the Purpose. You will protect Seculerts Confidential Information against unauthorized use and disclosure with the same degree of care with which you protect your own highly confidential information, but in no event less than a reasonable degree of care. Confidential Information shall not be considered to be Confidential Information if it becomes publicly known (without breach by you or by any member of your organization). 7 No Warranty. No Liability. YOU ACKNOWLEDGE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND DATA ARE PROVIDED ON "AS IS" BASIS. SECULERT DOES NOT WARRANT THAT THE SERVICE, SECULERT DASHBOARD AND/OR DATA WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. SECULERT PROVIDES NO GUARANTEE THAT THE SERVICE CAN REVEAL ALL OR ANY INFECTED MACHINES. THE USE OF THE SERVICE HEREUNDER IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECULERT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT AND COMPLIANCE WITH ALL RELEVANT LAWS. SECULERT DOES NOT MAKE AND THIS AGREEMENT DOES NOT PASS TO YOU IN ANY WAY ANY REPRESENTATION, WARRANTY OR UNDERTAKING ON BEHALF OF THE SUPPLIERS OR LICENSORS OF SECULERT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF YOUR LEGAL AGREEMENT WITH SECULERT. SECULERT AND ITS AFFILIATES, SUPPLIERS, LICENSORS, DISTRIBUTORS OR RESELLERS SHALL NOT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGE OR DESTRUCTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE, MALFUNCTION, FIRE, ELECTRICAL FAILURE OR SHORT CIRCUIT) OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE. 8 Miscellaneous. This Agreement represents the complete agreement concerning the Service between you and Seculert and supersedes all prior agreements and representations between you and Seculert. It may be amended only in writing and must be executed by both you and Seculert. If any provision of the Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Seculert to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the rights of Seculert with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without the written consent of Seculert and any action or conduct in violation of the foregoing shall be void and without effect. Seculert expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement is governed by and construed under the laws of the State of Israel and the sole jurisdiction and venue for actions related to the subject matter hereof shall be the courts of Tel AvivJaffa, Israel. You hereby agree to service of process in accordance with the rules of such courts. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees. BY CLICKING THE "I ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT (A) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (B) YOU AGREE TO BE BOUND BY THIS AGREEMENT, (C) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR ORGANIZATION, AND (D) BY SO CLICKING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS ON YOUR BEHALF.
* I have read and accept the above terms and conditions