F-Secure Elements Vulnerability Management terms of service

May 2021

 

IMPORTANT – Before installing or using F‑Secure Elements Vulnerability Management, carefully read the following legal terms (“Terms”). By selecting the accepting option, or by installing, copying or using F‑Secure Elements Vulnerability Management, You’re agreeing to these Terms on behalf of Your organization (“You”), and You agree You have read these Terms, understand them and agree to be legally bound by them. If You do not agree to all of the terms, do not install, use or copy F‑Secure Elements Vulnerability Management.

Scope

These Terms cover the F‑Secure Elements Vulnerability Management and security scanning solution developed by F‑Secure and any services, tools or portals based on and/or directly related thereto, including any adjustments to them in the form of updates/upgrades and/or customer-specific adjustments and any related documentation (“F‑Secure Elements Vulnerability Management”).

License grant

Subject to these Terms and the payment of applicable license / subscription fees, F‑Secure grants You a non-exclusive, non-transferable right to use the specified F‑Secure Elements Vulnerability Management version, for a specified time period, as separately agreed between You and F‑Secure or its distributors. F‑Secure and its licensors reserve any and all rights not expressly granted to You.

Additionally, upon Your request and F‑Secure’s approval, F‑Secure may grant You a limited, non-exclusive, non-transferable right to evaluate F‑Secure Elements Vulnerability Management for non-commercial purposes. You must purchase a license / subscription to F‑Secure Elements Vulnerability Management to continue to use F‑Secure Elements Vulnerability Management commercially after the evaluation period ends.

You as the licensee may use F‑Secure Elements Vulnerability Management:

  • for Your internal operations and internal security purposes to seek and assess information technology vulnerabilities for Your own networks, websites, applications and/or systems;
  • to provide services to third parties to seek and assess information technology vulnerabilities on such third party’s networks, websites, applications and/or systems, provided that You’re authorized to do this and have received all required consents from such third parties;
  • to permit a third party to administer and/or use F‑Secure Elements Vulnerability Management on Your behalf to perform security services for Your business as specified in section 3 below.

Third party use and access

You as the licensee may permit a third party to administer F‑Secure Elements Vulnerability Management and/or use F‑Secure Elements Vulnerability Management to perform security services for Your business, provided that i) any such third party use or administration is for Your sole benefit and on Your behalf, and ii) You are legally responsible and liable for such third party’s use of F‑Secure Elements Vulnerability Management including any obligations arising from such use and any breach by such third party of these Terms. Upon 30 days’ notice, F‑Secure may withdraw its consent to the use of any third party. No other access to, use, copying, disclosure or distribution of F‑Secure Elements Vulnerability Management by third parties is permitted.

You agree to use commercially reasonable efforts to ensure that no unauthorized parties have access to or use F‑Secure Elements Vulnerability Management and that no unauthorized copy, disclosure or distribution of F‑Secure Elements Vulnerability Management, in whole or in part, in any form is made by You or any third party. You agree to notify F‑Secure promptly of any unauthorized access to, use, copying, disclosure or distribution of F‑Secure Elements Vulnerability Management. You acknowledge that F‑Secure Elements Vulnerability Management contains valuable confidential information and trade secrets of F‑Secure and/or its licensors.

License restrictions

You are not allowed to:

  • access, use, copy, exploit, disclose or distribute F‑Secure Elements Vulnerability Management except as expressly set out in these Terms;
  • demonstrate, sell, offer to sell, distribute or transfer F‑Secure Elements Vulnerability Management or any portion thereof to any third party;
  • use F‑Secure Elements Vulnerability Management or any portion thereof to implement any product or service to operate on or in connection with F‑Secure Elements Vulnerability Management for any other purpose than for which F‑Secure Elements Vulnerability Management is provided;
  • create derivative works based upon F‑Secure Elements Vulnerability Management or any portion thereof;
  • decompile, disassemble, reverse engineer, or otherwise attempt to derive, obtain or modify the source code of F‑Secure Elements Vulnerability Management;
  • use F‑Secure Elements Vulnerability Management if You are, or You work for, a competitor of F‑Secure’s in the software security industry;
  • sublicense any of the rights granted to You in these Terms.

Intellectual property

F‑Secure and its licensors retain all right, title, and interest in F‑Secure Elements Vulnerability Management as well as any tools provided by F‑Secure. Except as expressly set forth in section 2, nothing in these Terms shall be construed as conferring on You any express or implied license, option to license, or other right to any confidential information, technology, software or intellectual property rights embodied in F‑Secure Elements Vulnerability Management. All intellectual property rights pertaining to F‑Secure Elements Vulnerability Management shall be and remain the property of F‑Secure and/or its licensors. You acknowledge that F‑Secure may freely use any suggestions, comments or other feedback about F‑Secure Elements Vulnerability Management.

Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, F-SECURE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT F-SECURE ELEMENTS VULNERABILITY MANAGEMENT. F-SECURE ELEMENTS VULNERABILITY MANAGEMENT IS PROVIDED “AS IS”. F-SECURE DOES NOT GUARANTEE THE COMPLETENESS OR ACCURACY OF THE RESULTS OR THAT F-SECURE ELEMENTS VULNERABILITY MANAGEMENT WILL FIND ALL SECURITY VULNERABILITIES. F-SECURE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

No oral or written information or instructions given by F‑Secure, its dealers, distributors, agents, or employees shall create a warranty and You may not rely on any such information or instructions. Some jurisdictions don’t allow the disclaimers in this paragraph, so they may not apply to You.

F‑Secure’s liability

IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL F-SECURE, ITS EMPLOYEES, ITS LICENSORS, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, FILES OR DEVICES, APPLICATION FAILURE OR MALFUNCTION, NETWORK IMPAIRMENT, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, F-SECURE ELEMENTS VULNERABILITY MANAGEMENT, EVEN IF F-SECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

F-SECURE’S, ITS LICENSORS’ OR ITS DISTRIBUTORS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR F-SECURE ELEMENTS VULNERABILITY MANAGEMENT FOR A PERIOD OF SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT CAUSING THE LIABILITY.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to You or may apply to You only in part. F‑Secure is acting also on behalf of its employees, distributors, licensors, suppliers and affiliates to disclaim, exclude and restrict obligations, warranties, and liability as provided in these Terms, but in no other respects and for no other purpose.

Your responsibility

You are solely responsible and assume the entire risk and liability for Your use of F‑Secure Elements Vulnerability Management and Your actions based on the results provided by F‑Secure Elements Vulnerability Management.

Notwithstanding anything to the contrary set out in these Terms, You shall defend, indemnify and hold F‑Secure, its subsidiaries, and their employees harmless from damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by F‑Secure, its subsidiaries, or their employees in relation to claims and actions arising out of or relating to Your use of F‑Secure Elements Vulnerability Management and/or the services You provide to third parties through Your use of F‑Secure Elements Vulnerability Management.

Confidentiality

“Confidential Information” shall mean F‑Secure Elements Vulnerability Management and all other information disclosed to You that F‑Secure characterizes as confidential at the time of its disclosure either in writing or orally, or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential, except for information which You can demonstrate: (a) is previously rightfully known to You without restriction on disclosure; (b) is or becomes, from no act or failure to act on Your part, generally known in the relevant industry or public domain; (c) is disclosed to You by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by You without access to the Confidential Information. You shall use Your best efforts to preserve and protect the confidentiality of the Confidential Information at all times. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent F‑Secure. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify F‑Secure in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these Terms, and will cooperate with F‑Secure in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use.

General

SUITABILITY. F‑Secure Elements Vulnerability Management is subject to certain functional restrictions, such as purpose of use and certain technical requirements including but not limited to operating system, storage space, geographical location or network connectivity, as informed by F‑Secure or its distributor from time to time. You hereby acknowledge and confirm that You have checked its suitability for Your own requirements before using F‑Secure Elements Vulnerability Management.

AVAILABILITY. You are informed and hereby accept that all or part of F‑Secure Elements Vulnerability Management may be temporarily unavailable / nonoperational for repairs, updates/upgrades, maintenance or for reasons beyond F‑Secure’s reasonable control (force majeure). F‑Secure, its licensors or its distributors shall not be held liable for the consequences of such interruptions and shall undertake to restore the availability / operation of F‑Secure Elements Vulnerability Management as rapidly as reasonably possible, depending on the technical constraints encountered.

CHANGES. F‑Secure reserve the right to modify features or functionality of F‑Secure Elements Vulnerability Management from time to time. Such changes may include adding new features or dropping existing features. F‑Secure reserve the right to end the maintenance and support for certain versions or for certain operation systems of F‑Secure Elements Vulnerability Management in accordance to its product life cycle practices. This may lead to F‑Secure Elements Vulnerability Management becoming inoperable. Continuing to use a discontinued version is not recommended and such use is entirely at Your own responsibility. As F‑Secure Elements Vulnerability Management is likely to evolve and change during Your subscription, F‑Secure may need to revise these Terms in connection of updates/upgrades and the revised Terms shall automatically apply to the corresponding versions of F‑Secure Elements Vulnerability Management distributed with the revised Terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.

ADDITIONAL TERMS. F‑Secure Elements Vulnerability Management may contain web applications or web portals. The use of such sites may be subject to additional terms. You agree to review such sites for additional terms of use and only use such sites accordingly. Such sites may also be those of F‑Secure’s distributor or of other third parties. F‑Secure have no liability whatsoever on any third party sites.

OPEN SOURCE LICENSES. To the extent any component of F‑Secure Elements Vulnerability Management is made available to You under an open source license, list of applicable open source licenses are available in the product user interface and the provisions of that license may expressly override some of these Terms.

TERMINATION. Your license / subscription to F‑Secure Elements Vulnerability Management will end immediately without notice if You are in breach of any of these Terms. Where F‑Secure observes that You are using F‑Secure Elements Vulnerability Management in breach of these Terms or its intended purpose, F‑Secure reserves the right i) not to renew Your license / subscription, ii) limit Your use of F‑Secure Elements Vulnerability Management and/or part thereof, and/or iii) terminate Your license / subscription. Such termination shall not give rise to any claims for compensation or otherwise by You. The Terms on restrictions on use shall survive any termination. In the event of termination of Your license / subscription, and irrespective of the reason hereto, You shall immediately i) discontinue all use of F‑Secure Elements Vulnerability Management, and ii) delete any such copies of F‑Secure Elements Vulnerability Management, that may be installed on Your own IT environment.

EXPORT RESTRICTIONS. You acknowledge and agree that F‑Secure Elements Vulnerability Management may be subject to restrictions and controls imposed by national laws and regulations, including but not limited to European Union export regulations or the United States Export Administration Act (collectively “Export Rules”). You agree and certify that neither F‑Secure Elements Vulnerability Management nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country for which such export is prohibited under the Export Rules and the regulations thereunder, nor will it be used for any purpose prohibited by the same. By using F‑Secure Elements Vulnerability Management, You are acknowledging and agreeing to the foregoing, and You are representing and warranting that You will comply with the Export Rules when either exporting or re-exporting or importing F‑Secure Elements Vulnerability Management or any underlying information technology. Further, You represent and warrant that You are not a national of any US embargoed country, or a party listed in the U.S. Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals.

GOVERNING LAW AND DISPUTES. These Terms are governed by the laws of Finland. With the sole exception of any application for injunctive relief, any dispute, controversy or claim arising out of or relating these Terms, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce by one arbitrator. The place of arbitration is Helsinki, Finland and the language of arbitration is English.

If you have any questions on these Terms or if you would like to contact F‑Secure for any other reason, please write to F‑Secure Corporation, PL24, FI-00181 Helsinki, Finland, e-mail: helsinki@f-secure.com, or call: +358 9 2520 0700.