Wasserburg, 20-Mai-2020
CYCONET OPEN SOURCE CYBR-SUITE SOFTWARE (CYSU)
APPLICATION & SERVICES
END USER LICENSE AGREEMENT (EULA)
*** READ THIS EULA BEFORE YOU PURCHASE AND USE THE APPLICATION ***
This End User License Agreement (the "Agreement") is a legally binding agreement
between you, the end user,("you", "your","yours")
and CYCONET, a Florian Strahberger division ("CYCONET","our","we","I").
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
ACTIVATING AND USING THESE CYCONET SOFTWARE & SERVICES (THE
"SOFTWARE", "SERVICES", "APPLICATION").
By purchasing, activating or otherwise using the Application, you
a) have been authorized to accept the terms and conditions of this Agreement on behalf of
an organization,
or
b) you intend to be personally bound by the terms and conditions of this Agreement.
If you are not authorized to do so by your company or organization,
or do not intend to be personally bound, then CYCONET is unwilling to license the
Application and the installation and thus copying or use of the Software is a violation of
Canadian, U.S. and international copyright laws and conventions.
If you do not agree with the terms and conditions of this Agreement, do not purchase,
activate, install, copy or otherwise use the Software or Services.
Our Software & Services are in some parts delivered by 3rd-parties, and so sometimes
additional terms or product requirements may apply. These additional terms will be
available with the relevant Services, and those additional terms become part of your
agreement with CYCONET if you use those Services.
By using our Application, you intend and agree to be legally bound by this agreement.
SOFTWARE LICENSE
The Software which accompanies this license is the property of CYCONET and is
protected by copyright law. The software under this license is licensed, not given or sold,
to you by CYCONET upon the conditions contained in this Agreement.
CYCONET retains full title to the Software. This agreement does not transfer any
right, title, or interest in the software product or documentation to YOU except as
specifically set forth in this license agreement. This license is valid for the Open-Source
version of the CYBR-SUITE (CYBR SUITE or CYSU, this Software or this Application).
Permitted Uses
YOU may:
Modify & change the code of the Open-Source-Version of the CYSU for
your needs - as long as you send us a well-documented version of this code, so we can
decide if we add your mod or make your code available to others as well, so we can all
benefit from further improvements;
Make copies for your own needs.
Restricted Uses
YOU may not (except as provided by statutory law):
a) sub-license, rent or lease any portion of the Application;
b) make distributions of the CYSU code in any way, in any form;
c) reverse engineer, modify, change the source code of the Application, or create
derivative works from the Software without sending us a well-documented version of this
newly added or changed code of which CYCONET will keep all rights of ownership;
YOU are responsible for any breach of this Agreement resulting from an act by its
employees or any other person acting on behalf of YOU.
Customer Responsibilities
Customer agrees to:
a) Pay the applicable Services & Software fees and any communications charges
associated with accessing the Services & Software (unless Licensor specifies otherwise);
b) Ensure that Services & Software are used only when Services & Software are duly
licensed;
c) Handing over the client access related database entries and ensures accuracy of
amount of users stated there;
d) NOT USE THIS SOFTWARE WITHOUT HAVING A VALID CONTRACT.
Disclaimers and Exclusion of Warranty
THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE, COMPLIANCE AND CONFORMITY WITH
APPLICABLE LAWS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, TO THE
MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE
OWNERSHIP, RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE
SERVICES IS ASSUMED BY YOU. SHOULD THE SOFTWARE APPLICATION(S)
PROVE DEFECTIVE, YOU (AND NOT CYCONET OR ITS LICENSORS,
SUPPLIERS, DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER CYCONET
NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS WARRANT THAT
THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE
UNINTERRUPTED OR ERROR FREE.
CYCONET DOES NOT WARRANT THAT OUR SOFTWARE APPLICATIONS AND
SERVICES WILL RENDER OR DISPLAY PROPERLY, OR FUNCTION AT ALL, ON ALL
HARDWARE AND SOFTWARE PLATFORMS. CYCONET RESERVES THE
RIGHT TO DISCONTINUE, MODIFY OR OTHERWISE ALTER FEATURES WITHIN THE
SOFTWARE APPLICATION(S) AND SERVICES, WHICH CHANGES MAY RESULT IN,
AMONG OTHER THINGS, CHANGES TO THE WAY YOUR CONTENT IS DISPLAYED,
STORED, ACCESSED OR PROCESSED.
Limitation of Liability
NEITHER CYCONET NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR
DEALERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THESE SOFTWARE AND SERVICES SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING
OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE THESE
SOFTWARE AND SERVICES, OR DAMAGE OF LOSS CAUSED BY THESE SOFTWARE
AND SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
CLAIM.
Security / Ultra hazardous Activities
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AS
A SECURITY DEVICE. YOU ARE RESPONSIBLE FOR DETERMINING ALL SECURITY
REQUIREMENTS NECESSARY AND APPROPRIATE FOR YOUR NETWORK AND
COMPUTER SYSTEMS. IN ADDITION, THE SOFTWARE IS NOT DESIGNED,
MANUFACTURED OR INTENDED FOR USE IN ANY ENVIRONMENT IN WHICH THE
FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR
ENVIRONMENTAL DAMAGE OR IN ANY HAZARDOUS ENVIRONMENT REQUIRING
FAILSAFE PERFORMANCE. CYCONET SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ULTRAHAZARDOUS
ACTIVITIES. YOU REPRESENT AND WARRANT TO CYCONET THAT YOU WILL
NOT USE THE SOFTWARE FOR SUCH PURPOSES.
General
IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY
PROVISION OF THIS EULA, OR PORTION THEREOF, TO BE UNENFORCEABLE,
THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE
SO AS TO AFFECT THE INTENT OF THE PARTIES, AND THE REMAINDER OF THIS
EULA SHALL CONTINUE IN FULL FORCE AND EFFECT
Florian Strahberger.
Sonnhaldenstr. 39a, D-88142 Wasserburg, Germany.
