End User Licence Agreement

A licence to the Software may be issued free of charge (for example an evaluation, trial, community or training licence) or against payment of a fee (for example a subscription or term licence).

This Licence governs both. The absence of a fee does not grant the Licensee any wider rights, and in particular does not lift any of the prohibitions in section 3. Where a term of this Licence applies only to paid licences, it says so.

Each licence is issued as a licence key file. The licence key identifies the Licensed Scope set out in clause 2.2 and the period for which the Licence runs (the "Licence Period").

Subject to the Licensee complying with this Licence and paying any applicable fee, the Licensor grants the Licensee a non-exclusive, non-transferable, non-sublicensable and revocable licence, for the Licence Period, to install and use the Software and the Documentation for the Licensee's own internal business purposes, within the Licensed Scope.

The "Licensed Scope" is the permitted area of use recorded in the licence key file, the order confirmation or any written agreement between the parties, and comprises: the licensed organisation; the permitted users; the permitted number of installations or instances; the environments, networks and target systems that the Licensee owns or for which it holds documented authorisation from the system owner; any territory stated; any stated usage volumes; and the Licence Period.

The Licence extends only to the licensed organisation named in the licence key. Affiliates, group companies, subsidiaries, contractors and clients of the Licensee are not covered unless the Licensor has agreed otherwise in writing.

Within the Licensed Scope the Licensee may also:

Each installation of the Software must be activated before it will operate, and internet access is required during installation to activate it. Activations are monitored. Additional installations require additional licences, and the Licensor may limit the number of activations permitted per licence and refuse further activations once that limit is reached.

All rights not expressly granted in this Licence are reserved to the Licensor.

Reverse engineering. The Licensee must not disassemble, decompile, deobfuscate or reverse engineer the whole or any part of the Software, attempt to derive its source code, or remove, disable or circumvent any licence key check, activation mechanism or other technical protection measure protecting the Software. This applies except to the extent that such acts cannot be prohibited under mandatory applicable law (including the interoperability right under section 69e of the German Copyright Act), and then only where the information obtained:

Deriving other products. The Licensee must not modify, adapt, translate, merge or create derivative works of the Software or the Documentation, nor combine or incorporate the Software or any part of it into any other program. The Licensee must not use the Software, its outputs, its Documentation or its observed behaviour to develop, train, benchmark for release, or assist any third party in developing, a product that competes with the Software or is substantially similar to it.

Resale and commercial or service offerings. The Licensee must not sell, resell, distribute, publish, rent, lease, lend, sublicense, host or otherwise transfer the Software, in whole or in part. The Licensee must not make the Software, or its functionality or output, available to any third party as a product or a service, including as a software-as-a-service, hosted, managed, bureau, outsourced or automated service offering, and including scanning, testing or reporting services performed for third parties, whether or not a fee is charged. Use of the Software to deliver services to third parties requires a separate written service-provider licence from the Licensor.

Use outside the Licensed Scope. The Licensee must not use the Software outside the Licensed Scope defined in clause 2.2, and in particular must not exceed the permitted users, installations, environments, targets, territory, usage volumes or Licence Period, and must not share, publish or transfer its licence key or activation credentials, which it must keep confidential.

Unlawful and unauthorised use. The Software contains functionality that can be used to attack and compromise computer systems. The Licensee must not use it, or allow it to be used, for any unlawful purpose, and must obtain all necessary authorisations from the relevant system owners before running the Software against any system. The Licensee is responsible for all losses, costs, liabilities and other damages incurred by the Licensor in connection with any third party claim arising from a breach of this clause.

Supporting obligations. The Licensee must not copy the Software except as permitted by clause 2.4.1 or where copying is incidental to normal use; must reproduce the Licensor's copyright notice on every copy it makes; must not provide the Software in any form, including program, object or source code listings, to anyone other than its own permitted users; must supervise and control use of the Software by its users and remains responsible for their acts and omissions; must keep all copies secure and maintain accurate records of them; and must replace the current version with any updated or upgraded version supplied by the Licensor promptly on receipt.

All intellectual property rights in the Software and the Documentation anywhere in the world belong to the Licensor. The Software is licensed, not sold, and the Licensee has no rights in it other than the right to use it in accordance with this Licence.

The Licensee has no right of access to the Software in source code form.

The integrity of the Software is protected by technical protection measures. The Licensee must not attempt to remove or circumvent them, nor make, import, distribute, sell, hire, advertise or possess for private or commercial purposes any means whose sole intended purpose is to facilitate their unauthorised removal or circumvention.

Scan results, findings and reports that the Licensee generates with the Software in respect of its own systems belong to the Licensee, subject to the restrictions in section 3.

The Licensor may supply updates, upgrades and new releases of the Software. They form part of the Software and are governed by this Licence unless the Licensor notifies separate terms with them.

Product support is provided through the Licensor's support channels at the Licensor's discretion, subject to any support conditions published at https://scansuite.eu from time to time. Licences issued free of charge carry no support commitment and no service level of any kind.

The Software is provided "as is". It has not been developed to meet the Licensee's individual requirements, and it is the Licensee's responsibility to satisfy itself that the facilities and functions described in the Documentation meet those requirements.

The Licensee acknowledges that the Software may not be free of bugs or errors, and that the existence of minor errors is not a breach of this Licence.

The Licensee acknowledges that automated and AI-assisted security testing is not exhaustive. The Licensor does not warrant that the Software will identify every vulnerability in a target system, that its findings will be free of false positives, or that any finding, severity rating or proof of concept it produces is accurate or complete. The Licensee remains responsible for reviewing and validating results before acting on them.

Paid licences only. If within 30 days of the start of the Licence Period the Licensee notifies the Licensor in writing of a defect in consequence of which the Software fails to perform substantially in accordance with the Documentation, and that defect does not result from the Licensee having modified the Software or used it in breach of this Licence, the Licensor will at its option repair or replace the Software, provided the Licensee supplies the information needed to recreate the defect.

Save as expressly stated in this Licence, all conditions, warranties, representations and other terms concerning the Software, whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.

Nothing in this Licence limits or excludes the liability of either party for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

Subject to clause 8.1, the Licensor is not liable, whether in contract, tort (including negligence), misrepresentation or otherwise, for: loss of turnover, sales or income; loss of business profits or contracts; business interruption; loss of the use of money or of anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of software, systems or data; or any indirect or consequential loss or damage however arising.

Subject to clause 8.1, the Licensor's total aggregate liability arising out of or in connection with this Licence is limited to the fees actually paid by the Licensee for the Software in the twelve months preceding the event giving rise to the claim. Where the Software was licensed free of charge, the Licensor's liability is limited to the fullest extent permitted by law.

The Licensee is solely responsible for the systems it selects as targets, for holding the authorisations required to test them, and for any disruption, damage or loss caused by running the Software against them.

This Licence runs for the Licence Period. It renews only where renewal has been agreed between the parties, and any renewed period is governed by this Licence.

The Licensor may terminate this Licence immediately on written notice if the Licensee commits a material or persistent breach that it fails to remedy, where remediable, within 14 days of written notice requiring it to do so. A breach of section 3 entitles the Licensor to terminate immediately and without a remedy period.

On expiry or termination for any reason: all rights granted to the Licensee cease; the Licensee must stop all activities authorised by this Licence; the Licensee must delete or remove the Software and the licence key from all equipment in its possession and destroy or return all copies of the Software; and the Licensee must certify to the Licensor on request that it has done so. Any fees due to the Licensor remain payable.

Sections 3, 4, 7, 8, 10 and clause 9.3 survive expiry or termination.

The Licensee warrants that it acquires and uses the Software in the course of its business and not as a consumer, and that any individual accepting this Licence or ordering licences is authorised to do so on its behalf.

The Licensee may not transfer, assign, charge or otherwise dispose of this Licence or any of its rights or obligations under it without the Licensor's prior written consent. The Licensor may assign or sub-contract its rights and obligations at any time.

If any term of this Licence is held to be invalid, unlawful or unenforceable, that term is severed to that extent and the remaining terms continue in full force.

This Licence, together with the licence key file, the order confirmation and any document expressly referred to in it, is the entire agreement between the parties in relation to the Software and supersedes any prior agreement, understanding or arrangement, whether oral or in writing. Neither party has relied on any representation, undertaking or promise not expressly stated in this Licence, and no remedy is available in respect of any such statement unless made fraudulently. This Licence applies to the exclusion of any other terms the Licensee seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

No variation of this Licence is effective unless agreed in writing by the Licensor. A failure or delay by the Licensor in enforcing any term is not a waiver of it, and a waiver of one default is not a waiver of any later default.

This Licence, its subject matter and its formation, including non-contractual disputes or claims, are governed by German law, and the parties submit to the exclusive jurisdiction of the German courts.