Terms Of Service

MAGENI SECURITY, LLC
TERMS OF USE (TOU)


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING, DOWNLOADING AND/OR USING SOFTWARE FROM MAGENI SECURITY, LLC. BY PURCHASING, DOWNLOADING AND/OR USING THE SOFTWARE PROVIDED BY MAGENI SECURITY LLC'S, CLIENT AND/OR USER SIGNIFIES ITS ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT AND ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS AGREEMENT. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CLIENT AND/OR USER DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE THE SOFTWARE.

1. About The Software and Website.

(a) Mageni Security LLC provides an open-source vulnerability scanning and management platform (The Software) which is licensed under GPLv2+. You can download a copy of the source code, in compliance with the GPLv2+, from Open Source Compliance and read about GPLv2+ Free Software Selling. In order to use the Software, you must meet or exceed the specifications found in Requirements.

(b) Mageni Security LLC reserves the right to withdraw and add features to the Software.

(c) You shall not purport to take on any obligation or responsibility, or make any representations, warranties, guarantees or endorsements to anyone on behalf of Mageni Security LLC, including without limitation, relating to Mageni Security LLC products, software, or services. Except as specifically permitted in this Agreement, You shall not state or imply that any of Your products have been endorsed, reviewed, certified or otherwise approved by Mageni Security LLC.

(d) You hereby represent and warrant to Mageni Security LLC that: (i) You will not intentionally harm the reputation or goodwill of Mageni Security LLC through any act or omission, and (ii) You have used commercially reasonable efforts to ensure that any software, code, algorithm, API, etc., transferred to Mageni Security LLC is free from any time bomb, virus, drop dead device, worm, Trojan horse, or trap door that is designed to delete, disable, deactivate, interfere with, or otherwise harm hardware, data, or other programs or that is intended to provide access or produce modifications not authorized by Mageni Security LLC.

(e) You shall, at Your sole cost and expense, defend (or at its option, settle) and indemnify Mageni Security LLC and Mageni Security LLC’s subsidiaries and affiliates, and their officers, directors, employees, representatives and agents, from and against any and all third party claims brought against Mageni based upon a claim that use of Your software or Your product in accordance with this Agreement infringes such third party’s patent, copyright or trademark or misappropriates any trade secret, and shall pay all settlements entered into and damages awarded to the extent based on such claim or action.

(f) By downloading the software you agree to receive news from Mageni Security LLC in your email address that you used to sign up.

2. Support/Service Levels.

Mageni will provide only paid customers with the support plan they have purchased. Support will be provided in accordance with Mageni Security LLC’s then-current Technical Support Plan document and consistent with Mageni’s Product Lifecycle Policy. Users of the Free Version can use the Documentation Site

3. Professional Services.

(a) Mageni may provide You with Professional Services as further described in a Statement of Work or Professional Services Specifications provided with or referenced in a quote. Subject to payment in full for the Professional Services, Mageni grants You a non-exclusive, non-transferable right to use the Materials for Your internal use and solely in conjunction with the Services. Except as otherwise agreed to by the parties in writing, all Professional Services Specifications or signed Statements of Work will be governed by this Agreement. In the event of inconsistency between this Agreement and a signed Statement of Work, the Statement of Work shall govern.

(b) If You or Your designated attendees ("Attendees") do not attend a scheduled training session or cancel a Professional Services engagement without providing proper notice, Mageni shall have no obligation to perform the Professional Services or provide a refund. You must provide Mageni at least ten (10) business days’ notice to reschedule. Mageni reserves the right to reject requests for rescheduling submitted with less than ten (10) business days’ notice. For training courses, You may substitute different individuals for scheduled Attendees provided Mageni is properly notified at least three (3) business days in advance. Mageni is not obligated to provide any services except as mutually agreed in a Professional Services Specifications or Statement of Work.

(c) For Professional Services occurring on Your site, Mageni agrees to comply, as it determines to be appropriate, with Your reasonable security procedures provided You inform Mageni of such procedures in advance. Some of the Professional Services may require You to have specialized knowledge or meet particular software or hardware requirements (for example, appropriate computers or appliances, stable Internet connection, verification of network communication paths, receipt of applicable software license keys, up-to-date web browser, operating system, etc.). You are responsible for assessing the suitability of the Professional Services. Mageni will not provide any refund based on a failure to meet prerequisites. If technical issues arise during the Professional Services, Mageni will use commercially reasonable efforts to resolve such issues, but will have no liability based on Your failure to meet technical requirements.

(d) The Professional Services will be deemed satisfactory and accepted by You unless within ten (10) calendar days after the Professional Services have been performed, You give Mageni written notice of the respects in which You believe the results do not conform to the applicable requirements. Upon confirmation by Mageni of nonconformance of the Professional Services, Mageni’s entire liability and Your exclusive remedy will be for Mageni to use its reasonable efforts to re-perform the Professional Services within a reasonable period of time; provided that if Mageni is unable to re-perform the Professional Services, Mageni may elect to refund all payments actually received by Mageni from You for the particular Professional Services deemed to be nonconforming, in full satisfaction of Mageni’s obligations.

(e) Professional Services must be scheduled within three (3) months of the date You originally ordered such Professional Services, and completed within six (6) months of the date You originally ordered such Professional Services. If You do not schedule Professional Services within this time frame, Mageni shall have no obligation to perform the Professional Services or provide a refund.

(f) For a period of one (1) year after completion of Professional Services, You will not, either directly or indirectly, employ or solicit for employment any person employed by Mageni or any of its affiliates that have provided You with Professional Services under this Agreement. For the avoidance of doubt, this restriction shall not prevent You from hiring based on a response to Your advertising in good faith to the general public a position or vacancy to which an employee or worker of Mageni responds, provided that no such advertisement shall be intended to specifically target Mageni personnel.

(g) All penetration testing services related to revalidation and retest must be performed within 90 days of the penetration test. If not, the customer waives to its rights of revalidation and retest.

4. Term.

This Agreement commences on the Effective Date and continues for the duration of the initial term agreed upon by the parties as set forth in a Mageni Security LLC's Invoice, or until it is terminated according to the terms of this Agreement. If You are and User or Client of the Free Version of The Software, you can terminate this agreement just by uninstalling The Software.

5. Restrictions on Use.

(a) You may not do any of the following:
(i) Request of the Software or perform scans of networks and Devices using The Software for which You do not have the express authority to do so;
(ii) Request from The Software vulnerability scans that will constitute any attack, hack, crack, or any other unauthorized access, malicious usage or unlawful activity;
(iii) Use The Software in such a way as to create an unreasonable load on any system in the world or the Devices to which you have directed The Software to interact;
(iv) Use The Software to access or reveal any personal information;
(vi) Violate the terms of the GPL license or any other license of the software installed in the appliance or;
(vii) impersonate or in any way misrepresent Your affiliation or authority to act on behalf of any entity. If You request scanning from The Software (intentionally or not) of a third party network, You agree to be fully responsible for any damages attributable to such scanning, and You further agree that The Software may provide all relevant information to the target of such scanning as well as lawful authorities if they pursue an inquiry into such scanning, and such disclosure shall not be considered a breach of confidentiality.

(b) You may not use The Software if you are located in or are a national of a place where applicable law prohibits the use of The Software or where U.S. law does not permit the download of The Software. (e.g., Cuba, Iran, North Korea, Sudan, Syria).

6. Confidentiality; Privacy.

(a) Confidential Information will remain the property of the Disclosing Party, and the Receiving Party will not be deemed by virtue of this Agreement or any access to the Confidential Information to have acquired any right, title or interest in or to the Confidential Information.

(b) "Confidential Information" shall not include information that (a) is already known to the Receiving Party or its affiliates, free of any obligation to keep it confidential; (b) is or becomes publicly known through no wrongful act of the Receiving Party or its affiliates; (c) is received by the Receiving Party from a third party without any restriction or confidentiality; (d) is independently developed by the Receiving Party or its affiliates without reference to the disclosing party’s Confidential Information; (e) is disclosed to third parties by the Disclosing Party without any obligation of confidentiality; or (f) the Disclosing Party designates in writing as not confidential.

(c) The Receiving Party agrees to hold the Disclosing Party’s Confidential Information in strict confidence, affording the Disclosing Party’s Confidential Information at least the same level of protection against unauthorized disclosure or use as the Receiving Party normally uses to protect its own information of a similar character, but in no event less than reasonable care. Mageni may share Confidential Information with its affiliates or authorized contractors in the performance of the Services.

(d) If the Receiving Party or any of its partners, officers, directors, employees or agents is requested or required in a legal proceeding or pursuant to legal process to disclose any Confidential Information, then the Receiving Party will use all reasonable efforts to notify the Disclosing Party promptly so that the Disclosing Party may seek any appropriate protective order and/or take any other action to prevent or limit such disclosure. If, in the absence of a protective order or the receipt of a waiver hereunder, the Receiving Party is nonetheless, in the judgment of its counsel, compelled to disclose such Confidential Information, the Receiving Party shall use all reasonable efforts to inform the Disclosing Party as far in advance of such disclosure as practicable and will furnish only that portion of the Confidential Information disclosure of which is legally required. The Receiving Party acknowledges and agrees that the breach of any term, covenant or provision of this Agreement may cause irreparable harm to the Disclosing Party and, accordingly, upon the breach by the Receiving Party of any term, covenant or provision of this Agreement, the Disclosing Party shall be entitled to injunctive relief, together with any other remedy available at law or in equity.

(e) The Receiving Party will notify the Disclosing Party promptly of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information. If You provide personal information to Mageni hereunder and You notify Mageni in writing that You have done so, Mageni agrees to use commercially reasonable efforts to protect its security.

(f) Mageni will not delete Your scan data hosted by the Services less than twelve (12) months after the scans are run; however, You acknowledge that Mageni may be obligated to maintain copies of certain of Your scans for a longer period of time for compliance purposes.

(h) Mageni will contact you to the email that you used to register and download the software with security notices and notifications. The email may be confidential or privileged. If you received a communication by mistake, don't forward it to anyone else, erase all copies and attachments, and let us know that it went to the wrong person. The terms in an email may reflect a potential business arrangement which are provided solely as a basis for further discussion, and are not intended to be and do not constitute a legally binding obligation. No legally binding obligations will be created, implied, or inferred until an agreement in final form is executed in writing by all parties involved. Although they have taken reasonable precautions to ensure no viruses are present in the email,s it is not possible to prevent security breaches and, for consequence, accept responsibility for any loss or damage arising from the use of the email communications, attachments or computer products and services. There is no liability for the content in the email, or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing by all parties involved.

7. Warranty; Disclaimer.

(a) MAGENI SECURITY LLC DOES NOT GIVES WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT ASSESSING NETWORK SECURITY IS A COMPLEX PROCEDURE, AND MAGENI SECURITY LLC DOES NOT GUARANTEE THAT THE RESULTS OF THE SOFTWARE WILL BE ERROR-FREE OR PROVIDE A COMPLETE AND ACCURATE PICTURE OF YOUR SECURITY FLAWS AND VULNERABILITIES, AND YOU AGREE NOT TO RELY SOLELY ON THIS SOFTWARE IN DEVELOPING YOUR SECURITY STRATEGY. MAGENI SECURITY LLC MAKES NO GUARANTEE THAT A SUCCESSFUL COMPLETION OF SECURITY SCAN WILL MAKE YOU AND/OR YOUR NETWORK OR THE SCANNED ASSETS SECURE AND COMPLIANT WITH THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD OR ANY OTHER STANDARD. YOU ACKNOWLEDGE THAT VULNERABILITY SCANNING MAY RESULT IN LOSS AND INTERRUPTION OF SERVICE OR OTHER IMPACT TO NETWORKS OR COMPUTERS, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES RELATING TO SUCH LOSS OR IMPACT. IN NO EVENT SHALL MAGENI SECURITY LLC, THE COPYRIGHT OWNER OR ANY CONTRIBUTOR TO ANY AND ALL SOFTWARE PROVIDED BY OR PUBLISHED BY MAGENI SECURITY LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.)

8. Exclusion of Other Damages.

UNDER NO CIRCUMSTANCES WILL MAGENI SECURITY LLC BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER OR NOT MAGENI SECURITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON.

9. Indemnification.

You agree to indemnify, defend and hold harmless MAGENI SECURITY LLC, its officers, directors, employees, agents, suppliers, licensors, affiliates, and other related parties from and against all costs, expenses (including reasonable attorneys’ fees), losses, liabilities and damages arising out of or related to: (i) any violation of Your obligations under Section 5, 10, 11, 20 of this Terms of Use (TOU); (ii) Your use of Software or Services provided by Mageni Security LLC; or (iii) Your use or application of the information obtained from the Software provided by Mageni Security LLC.

10. Your Payment Obligations.

You agree to pay all amounts due or incurred by You, as specified in any Mageni Invoice or any other invoice or ecommerce transaction provided by Mageni or its reseller in consideration for Your use of the Services. Fees are charged for access to the Services and/or Software, not actual usage. Unless otherwise agreed to in writing or as detailed in a signed Statement of Work, payment for Professional Services is due within thirty (30) days from the Order Date. You agree to pay for actual travel and living expenses for Professional Services where Mageni is conducting on-site work. Payment for travel and living expenses is due thirty (30) days from the date You receive a Mageni Invoice. You agree to pay directly or reimburse Mageni or its reseller for any taxes (including, sales or excise taxes, value added taxes, gross receipt taxes, landing fees, import duties and the like), however designated and whether foreign or domestic, imposed on or arising out of this Agreement or Your use of the Services. Notwithstanding the foregoing, Mageni will be solely responsible for its income tax obligations and all employer reporting and payment obligations with respect to its personnel. You agree to pay Mageni or its reseller without deducting any present or future taxes, withholdings or other charges except those deductions it is legally required to make. If You are legally required to make any deductions or withholding, You agree to provide evidence of such withholding upon request. You agree to pay any interest and penalties imposed by any taxing authorities to the extent such interest and penalties are applicable to taxes not paid at Your request or as a result of reliance by Mageni on Your representations. If a certificate of exemption or similar document or proceeding is necessary in order to exempt any transaction from a tax, You will obtain such certificate or document.

11. Legal Compliance; Restricted Rights.

The Software and Services are provided solely for lawful purposes and use. You agree to perform Your obligations in a manner that complies with all applicable national, federal, state and local laws, statutes, ordinances, regulations, codes and other types of government authority (including those governing unfair competition, anti-discrimination, false advertising, privacy and data protection, and publicity and those identifying and requiring permits, licenses, approvals, and other consents) ("Laws"). Without limiting the foregoing, You agree to comply with all U.S. computer security laws, including, without limitation, the Computer Fraud and Abuse Act ("CFAA"), 18 USC Sec. 1030. You also agree to comply with all U.S. export laws (including the International Traffic in Arms Regulation ("ITAR"), 22 CFR 120-130, and the Export Administration Regulation ("EAR"), 15 CFR Parts 730 et seq.) and applicable export Laws of Your locality (if You are not in the United States), to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported directly or indirectly in violation of law or without first obtaining all required authorizations or licenses. You agree that You will be the exporter of record any time You cause the Software to be accessed outside the United States or by a national of any country other than the United States. You will, at Your sole cost and expense, obtain and maintain in effect all permits, licenses, approvals and other consents related to Your obligations under this Agreement. You agree, at Your expense, to comply with all foreign exchange and other Laws applicable to You. The parties further agree to comply with sanctions administered by the Department of Treasury’s Office of Foreign Assets Control ("OFAC") and shall not engage in prohibited trade to persons or entities on the Specially Designated Nationals ("SDN") list.

12. Termination.

You may terminate this Agreement at any time by stopping use of the Services and providing notice in writing to Mageni or; provided, however, such termination shall not relieve You of any payment obligations incurred up to the date of termination. Mageni may terminate this Agreement and Your access to the Services upon thirty (30) days’ notice if You fail to materially comply with any term or condition of this Agreement. Immediately after the expiration or termination of this Agreement, You shall remove any copies of the Software and, upon Mageni’s request, You shall certify to Mageni in writing that through Your best efforts and to the best of Your knowledge all such materials have been returned to Mageni and removed from host computers on which Software resided. Notwithstanding the foregoing, Mageni may terminate this Agreement immediately upon notice if You breach Sections 5, 10, 11, 20.

13. Governing Law.

This Agreement shall be governed in all respects by the laws of the State of Delaware, USA, without regard to choice-of-law rules or principles. You expressly agree with Mageni that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14. Dispute Resolution.

You and Mageni submit to the exclusive jurisdiction of the courts of Delaware, and the United States District Court for Delaware for any question or dispute arising out of or relating to this Agreement. Due to the high costs and time involved in commercial litigation before a jury, the parties waive all right to a jury trial with respect to any issues in any action or proceeding arising out of or related to this Agreement.

15. Modification of Terms.

Except as otherwise provided in this Agreement, You agree, during the term of this Agreement, that Mageni may: (a) revise the terms and conditions of this Agreement; and/or (b) change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective thirty (30) days after posting of the revised Agreement or change to the Service on Mageni's website, or upon notification to You by e-mail. You agree to periodically review Mageni’s website, including the current version of this Agreement, to be aware of any such revisions. If You do not agree with any revision to the Agreement, You shall immediately cease using the Service or Reports. By continuing to the Service after any revision to this Agreement or change in Service, You agree to abide by and be bound by any such revisions or changes.

16. Notices.

Any notices or other communication to Mageni Security LLC pursuant to this Agreement must be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier. All notices to Mageni must be sent to the address described in this Agreement to the attention of the Legal Department (unless otherwise specified by Mageni). All notices to You may be sent to the physical address referenced in this Agreement or otherwise provided to Mageni, or the email address You provided during registration.

17. Assignment.

You may not assign or otherwise transfer this Agreement without Mageni Security LLC’s prior written consent, which will not be unreasonably withheld.

18. General.

This Agreement constitutes the entire agreement between the parties, and supersedes all other prior or contemporaneous communications between the parties (whether written or oral) relating to the subject matter of this Agreement. No purchase order shall modify, supersede, or become part of this Agreement, or otherwise contractually bind Mageni Security LLC. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. You agree that Mageni Security LLC may use Your name or logo in a customer list. Neither party shall be liable for any loss or delay (including failure to meet the service level commitment) resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, Internet service provider failures or delays, civil unrest, war or military hostilities, criminal acts of third parties, and any payment date or delivery date shall be extended to the extent of any delay resulting from any force majeure event. No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. If a party waives any right, power or remedy, the waiver will not waive any successive or other right, power or remedy the party may have under this Agreement. The parties are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. "Including" and its derivatives (such as "include" and "includes") mean including without limitation; this term is as defined, whether or not capitalized in this Agreement.

19. Language.

The language of this Agreement is English and all invoices and other documents given under this Agreement must be in English to be effective. No translation, if any, of this Agreement or any notice will be of any effect in the interpretation of this Agreement or in determining the intent of the parties. The parties have expressly agreed that all invoices and related documents be drafted in English.

20. Scanning Indemnity.

(a) YOU REPRESENT AND WARRANT THAT YOU AGREE TO USE THIS SOFTWARE IN ACCORDANCE WITH ALL APPLICABLE LAWS SECURITY ACTS AND REGULATIONS AND THAT YOU HAVE FULL RIGHT, POWER, AND AUTHORITY TO CONSENT TO HAVE THE SOFTWARE SCAN FOR MALWARE, VULNERABILITIES, WEAK PASSWORDS OR OTHER RISKS OF THE SITE, APPLICATIONS, DEVICES, NETWORK COMPONENTS, SOFTWARE AND/OR ANY IT COMPONENT IDENTIFIED TO THE SOFTWARE FOR SCANNING, WHETHER ELECTRONICALLY OR BY ANY OTHER MEANS, WHETHER DURING INITIAL REGISTRATION, CONFIGURATION OR THEREAFTER. YOU WILL INDEMNIFY AND HOLD HARMLESS MAGENI SECURITY LLC, ITS AUTHORIZED RESELLERS, PARTNERS AND SPONSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, SUITS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, AWARDS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY OR LEVIED AGAINST THE SAME RESULTING FROM OR BASED ON YOUR USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING ANY CLAIM RESULTING FROM YOUR BREACH OF THIS TERMS OF USE (TOU).

(b) YOU ALSO ACKNOWLEDGE AND AGREE THAT, DUE TO ITS NATURE, THE VULNERABILITY SCANNING PROCESS COULD EXPOSE MALWARE AND OTHER VULNERABILITIES AND IN SOME CIRCUMSTANCES COULD RESULT IN THE DISRUPTION OF SERVICES OF THE TARGETS AND ASSETS BEING SCANNED. A VULNERABILITY SCANNER MUST FIND WEAK PASSWORDS AND CREDENTIALS, FOR THAT PURPOSE IT PERFORMS BRUTE FORCE ATTACKS THAT COULD LOCK USER ACCOUNTS. BY USING THE SOFTWARE YOU ACKNOWLEDGE AND AGREE THIS AND YOU WILL INDEMNIFY AND HOLD HARMLESS MAGENI SECURITY LLC, ITS AUTHORIZED RESELLERS, PARTNERS AND SPONSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, SUITS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, AWARDS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY OR LEVIED AGAINST THE SAME RESULTING FROM OR BASED ON YOUR USE OF OR INABILITY TO USE THE SOFTWARE. DUE TO THE NATURE OF SCANNING, YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE INVOLVES SUBSTANTIAL RISK AND AS A CONSEQUENCE, YOU ASSUME THE RISK FOR ALL DAMAGES, LOSSES AND EXPENSES RESULTING FROM YOUR USE OF THE SOFTWARE TO SCAN YOUR NETWORK, SOFTWARE, DEVICES AND ANY IT COMPONENT OF YOUR INFRASTRUCTURE AND UNDER NO CIRCUMSTANCES WILL MAGENI SECURITY LLC BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER OR NOT MAGENI SECURITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON.

21. Your Obligations.

You are the only responsible for all use of The Software through Your account and for compliance with this Agreement and all applicable laws; any breach by You or any user using The Software through Your account shall be deemed to have been made by You. You account will be suspended if you violate Your obligations under Section 5, 10, 11, 20 of this Terms of Use (TOU).

Effective Date: January 01, 2019.