THREAT SIMULATION DISCLAIMER (“DISCLAIMER”)

By clicking the “Agree” button or providing the System (as defined below), you agree to comply with this Disclaimer on your behalf and on behalf of your employer or other legal entity you represent whom KPMG LLP (“KPMG”) has approved to provide the Simulation (“you” or “your”). You acknowledge that the provision of the Simulation (as defined below), access or use of the System or provision or use of the Report do not create any client relationship between you and KPMG.

In connection with the threat simulation performed by KPMG (“Simulation”), KPMG is required to access or use your licensed or owned systems, software or services (collectively, “Systems”).  You hereby grant, and hereby represent and warrant you have the right to grant, to KPMG and its personnel a limited, non-exclusive, transferable, sublicensable, paid up and royalty-free license to access and use the Systems solely in relation to the provision of the Simulation.  You acknowledge and agree that: (i) the foregoing license and the terms and conditions set out in this Disclaimer shall be the exclusive terms that apply KPMG’s and its personnel’s access or use of the Systems and provision of Simulation and (ii) you assume all responsibility, liability and risk in respect of the performance, security and risk associated with the use of the Systems and provision of the Simulation, including, without limitation, delay or error in the provision of the Simulation or loss, improper access or disclosure or damage to information that arise through accessing, storing, processing and/or transmitting of such information over the Systems or their unavailability.

In connection with the Simulation provided, KPMG may provide you with the results of the threat simulation in the form of a report (“Report”). The Report is provided for your informational purposes only and is not intended to constitute legal, advisory, consulting, or professional advice. You are advised to seek appropriate professional advice before taking any action based on the information provided in the Report.

The Simulation and Report are provided for your sole benefit and internal use, and are not for the benefit or use of, or to be relied upon by, any other party. KPMG does not assume any responsibility to any third party in respect of the Simulation or Report. Accordingly, in the event of a claim by any third party against KPMG that arises out of or relates to the Simulation or Report, you will indemnify and hold harmless KPMG Parties (as defined below) from all such claims, including, without limitation, reasonable legal fees. You may disclose a copy of the Report unmodified, in whole, and on a non-reliance basis, to your managed security service provider who needs to know in order to facilitate your use of the Report; provided that in each case you notify the recipient that KPMG accepts no responsibility to them in connection with the Simulation or the Report, including their use thereof. You may not otherwise disclose, publish or otherwise make available any Report (in whole or in part) to any third party without the prior written consent of KPMG.

You acknowledge and agree KPMG does not guarantee, represent, or warrant that (i) access to or use of the Systems or provision of the Simulation will be uninterrupted, secure, without delay, error-free, omission-free, or free of viruses; or (ii) the Report will be suitable, accurate or reliable, or otherwise meet any of your requirements or expectations.  THE SIMULATION AND REPORTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, COMPATIBILITY WITH ANY SOFTWARE OR SYSTEM, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  You expressly agree that your receipt of the Simulation and use of the Report and KPMG’s access to your System are at your sole risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL: (I) KPMG, ITS LICENSORS, THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, RELATED ENTITIES AND EACH OF THEIR RESPECTIVE CURRENT AND FORMER PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “KPMG PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF USE, DATA OR PROFITS, DATA OR OTHER SIMILAR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE SIMULATION, THE REPORT, OR THIS DISCLAIMER, EVEN IF KPMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, AND (II) THE COLLECTIVE AGGREGATE LIABILITY OF THE KPMG PARTIES FOR ANY ACTIONS, DAMAGES, FINES, PENALTIES, COMPLAINTS, DEMANDS, SUITS, PROCEEDINGS, LIABILITIES, COSTS, EXPENSES, OR LOSSES IN ANY WAY ARISING OUT OF OR RELATING TO THE SIMULATION, THE REPORT, OR THIS DISCLAIMER, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, EXCEED FIFTY DOLLARS.

You may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise without KPMG`s prior written consent. KPMG may suspend or terminate the Simulation or your use of the Report at any time, without notice and liability, for any reason or no reason whatsoever. This Disclaimer is governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to any conflicts of law provisions. Any dispute arising from this Disclaimer shall be heard in the provincial courts of Ontario located in Toronto.

 

Picus Security
Picus Security Control Validation Service

END-USER LICENSE AGREEMENT

BY REGISTERING TO, ACCESSING OR USING, AND BY DOWNLOADING, INSTALLING, COPYING, ORDERING, OPERATING OR OTHERWISE USING THE RELEVANT SOFTWARE COMPONENTS OF THE PICUS SECURITY VALIDATION SERVICE (“SERVICE”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE AGREEMENT AND AGREE TO THE TERMS OF THIS AGREEMENT. YOUR ACCEPTANCE OF THE TERMS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”), AND ANY ADDENDUM
ATTACHED HERETO, FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PICUS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY AND ITS AFFILIATES TO THESE TERMS AND TO THE EXTENT YOU DO NOT HAVE SUCH AUTHORITY YOU AGREE TO BE BOUND TO THESE TERMS AND TO ACCEPT LIABILITY FOR HARM CAUSED BY ANY WRONGFUL USE OF THE WEBSITE RESULTING FROM SUCH ACCESS OR USE. IN SUCH A SCENARIO, THE WORDS "YOU" AND "YOUR" WHEN USED IN THESE TERMS WILL APPLY TO THE PERSON ON WHOSE BEHALF YOU ARE ACTING AS WELL AS YOU AS AN INDIVIDUAL AS APPROPRIATE.

IF YOU DO NOT AGREE TO THESE TERMS: DO NOT REGISTER TO, ACCESS OR USE, AND DO NOT DOWNLOAD, INSTALL, COPY, ORDER, OPERATE OR OTHERWISE USE THE RELEVANT SOFTWARE COMPONENTS AND ANY CONTENT OF THE “SERVICE” AND PROMPTLY UNINSTALL THE SOFTWARE FROM YOUR SYSTEM.

IF YOU DO NOT CLICK “ACCEPT”, YOU DECLARE THAT YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND THIS SERVICE WILL NOT BE INITIATED ON YOUR COMPUTER OR OTHER RELEVANT SYSTEMS.

Definitions

“You” means the individual (including the third person in case you accept this agreement on behalf of that person), company, Affiliates, or other legal entity that has registered to use the Service (including by downloading any updates or patches for the Security Validation Service) and downloaded, installed, accessed, operated or otherwise used the software in any way.

“Service” means and covers all the Security Assessment features of Picus Security Validation Service currently shown on the official Picus website, regardless of which of the available features are used. Neither this EULA, nor Your access to or use of the service and relevant software any future releases of the service, software or any expansions etc.

“Security Validation”, “Security Assessment” or “Security Test” means the mechanism by which the “Picus Security Validation Service” applies to determine the defensive capabilities of the “Control Systems” against the cyber threats the relevant Feature of the Service uses.

“Control Systems” means cybersecurity prevention technologies such as endpoint protection software systems (such as endpoint antivirus, host-based intrusion prevention systems, endpoint detection and response and other solutions that may be considered as endpoint protection software), secure email gateway, data-leakage or loss systems, network intrusion prevention systems, next-generation firewall systems, secure web gateway systems and other similar prevention technologies.

“Assessment type” defines different security assessment categories or types such as vertical attacks, regional attacks, targeted attacks and others offered by and with full discretion of Picus Security.

“Term” defines the duration of the subscription granted for the Use of Service.

“Picus Agent” means the software component provided for the supported Microsoft Windows Operating Systems and that is used to test the security level of the Control Systems when an assessment is executed.

“Permitted Capacity” means the number of “Security Testing” delivered, term, Picus Agents, threat samples or other license metrics set forth in the delivery of the service.

“Use of Service” means a non-exclusive, personal, non-transferable, time limited right to use the Products in accordance with this Agreement.

“Picus Security” means, Picus Security, Inc. a USA corporation with its principal place of business at 160 Spear Street, #1000, San Francisco, CA, 94105 (hereinafter “Picus” or “Picus Security”; shall be referred to all Picus Security Companies and its entities worldwide)

Use of Service
Upon your acceptance and subject to the terms outlined in this Agreement, Picus Security hereby authorizes you to use the Service to test the defensive capabilities of the Control Systems that this Service is designed to put under Security Validation. Service may not cover all the Control Systems listed in the definitions section and Picus Security can add or remove different Control Systems categories provided in Service.

By accepting these terms, you authorize Picus Security to perform Security Validation on Control Systems specified by You. Picus Security through the Service will provide you with the results of the Security Tests automatically. This Service aims at revealing which threats executed by the Service are blocked and not blocked by the Control Systems used in different network or digital environments. In this respect, results may differ for the same security control technology in different environments. Picus Security cannot be held responsible if the Service fails to discover certain security or configuration shortcomings on the target Control Systems and shall not become subject to any claim and request (including but not limited to compensation, damage, loss, reimbursement).

You understand that your right to use the Products is limited by the Permitted Capacity purchased paying the defined fee or granted free of charge by Picus Security, and You and Your Affiliates combined use may in no event exceed the Permitted Capacity authorized under the applicable Order. The Permitted Capacity may be defined during the registration to Service. You acknowledge that the fees paid for the service are non-refundable to the extent permitted by applicable laws. You acknowledge that Picus Security may decide to cease providing Service without any further notice. In the case of a paid Service, if Picus decides to cease providing Service, the fee paid for the remainder of the Service is reimbursed to You.

Picus Security endeavours to provide the best customer experience during the registration and execution stages of Service. You acknowledge that Picus Security cannot be held responsible if the Service is temporarily unreachable, unresponsive or unavailable and shall not be made a subject to any claim and request (including but not limited to compensation, damage, loss, reimbursement). You acknowledge that Picus Security makes no commitment to provide any telephone based, email based, ticket based or any other form of human driven support services for the registration to and execution of the Service. In the same way, Picus Security makes no commitment to provide any services about the interpretation of the results of the Security Validation applied on the chosen Control System or Control Systems.

You agree to take the necessary precautions to make sure that Use of Service does not harm the computer system that a Picus Agent is installed on and will run. Picus Security cannot be held responsible for any damage, outage, interruption of service, similar outcomes listed here and cost associated with any such outcomes.

Security of The End User Account Formation

Upon completing the registration to the Service, You will receive a password and account designation information by email. You are responsible for maintaining confidentiality of the account information and the password. You agree to immediately notify Picus Security if the account has been accessed or used by an unauthorised individual or individuals. Picus Security cannot and will not be held responsible for any loss or damage arising from an unauthorised access, use or Your failure to notify Picus Security. if Picus Security by its own detects such unauthorised use or any use that is not in accordance with the contract, You shall be notified immediately to stop the unauthorised use and given 3 (three) days to any such breach of the contractual obligations. In case the infringing use continues, Picus has a right of termination with immediate effect without any prior notice. Picus’s right to demand compensation is reserved.

Control Systems Indemnity

(a) You declare and warrant that You have the full right, power, and authority to consent to have the Service to validate Control Systems as set as target systems by You. You will indemnify and hold harmless Picus Security, its customers, 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 Service, including any claim resulting from Your breach of this Section. (b) You also acknowledge and agree that the Security Testing of Control Systems may expose vulnerabilities, security gaps and configuration errors.

Restrictions

Subject to Your strict compliance with the terms of this EULA Picus Security authorizes you with a non-exclusive, personal, non-transferable, revocable, and limited License Usage Right in accordance with this Agreement to access and use the service solely for Your personal use.To access and use the service, You must have legally obtained the licence from Picus and its official website. You are responsible for paying all fees, taxes, and other costs You may incur to access and use the service.

You agree not to decompile, disassemble, modify, sell, copy or reverse-engineer the Picus Security owned software, agents and source code developed to run or enable the Service. In the same way, You agree not to decompile, disassemble, modify, sell, copy or reverse-engineer the third-party software or source code that may be used to enable the Service.

You agree to use the Service as outlined exactly in the published or shared documentation and website provided by Picus Security.

You are not allowed to publish the results provided by the Service. Under no circumstances results, in any form or shape, fully or partially, can be used to publicly compare or benchmark different technologies and Technology Providers.

For the execution of some of the Service, You may be required to deploy software components provided by Picus Security. Upon the termination of the Service, You are required to cease the use of these software components and remove them from the systems they were installed on immediately.

Your license to the Service (or any Picus intellectual property associated therewith) does not include any license, right, power or authority to (including but not limited to);

• Copying the software
• Selling, renting, leasing, licensing, sublicensing, distributing, or otherwise transferring or making the software available to any other person, in whole or in part;
• Using the service and software or any part thereof in any commercial context - Reverse engineering, deriving source code, modifying, decompiling, disassembling, or creating derivative works of the software or any portion thereof, in whole or in part; - Removing, disabling, or circumventing any proprietary notices or labels contained on or in the Software or any Online Service thereof; or
• Exporting or re-exporting or transmitting the Software, or related documentation and technical data or any copy or adaptation thereof,

In case of any breach, Picus shall terminate the agreement with immediate effect without any prior notice. Picus’s right to demand compensation is reserved.

Picus reserves all rights not expressly granted to you.

Intellectual Property Rights

The Service and all related intellectual property rights are the exclusive property of Picus Security or its licensors. All right, title and interest in and to the Service, any modifications, translations, or derivatives thereof, even if unauthorized, and all applicable rights in patents, copyrights, trade secrets, trademarks and all intellectual property rights in the Service remain exclusively with Picus Security or its licensors. The Service and its Features are valuable, proprietary, and unique, and You agree to be bound by and observe the proprietary nature of the Service and its features.
The Service contains material (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Service), that is protected by patent, copyright and trade secret law, and by international treaty provisions The Service and its Features may include software products licensed from third parties. In such cases, such third parties have no obligations or liability to You under this Agreement but are third party beneficiaries of this Agreement. All rights not granted to You in this Agreement are reserved to Picus Security. If You have subscribed to the Service, no ownership of the Service passes to You (The software/products/services are being licensed, not sold. Picus retains all ownership rights in and to all software/products/services, including any intellectual property rights therein.). Picus Security may make changes to the Service at any time without notice. Except as otherwise expressly provided, Picus Security grants no express or implied right under Picus Security patents, copyrights, trademarks, or other intellectual property rights. You may not remove any proprietary notice of Picus Security or any third party from the Products or any copy of the Products, without Picus Security’s prior written consent.

Intellectual Property Indemnity

Picus Security shall have the right, but not the obligation, to defend or settle, at its option, any action at law against You arising from a claim that Your authorized use of the Service under this Agreement infringes any patent, copyright, or other ownership rights of a third party. You agree to provide Picus Security with written notice of any such claim within 10 (ten) days of Your notice thereof and provide reasonable assistance in its defense. Picus Security has sole discretion and control over such defense and all negotiations for a settlement or compromise, unless it declines to defend or settle, in which case, You are free to pursue any alternative You may have. In that case you shall still have the obligation to act in good faith and loyally pursue and protect the interests of Picus and inform Picus in writing in a reasonable amount of time in the event of any situation that may affect Picus, this agreement or any related process or procedures. You shall not assume or create any obligation, representation, warranty or guarantee, express or implied, on behalf of Picus for any purpose whatsoever.

Confidentiality and Limitation on Use

a-Confidential Information

Each Party hereto acknowledges that by reason of its relationship with the other party hereunder, it may have access to confidential information and materials concerning the other party’s business, technology, and/or products that is confidential and of substantial value to the other Party, which value could be impaired if such information were disclosed to third parties (“Confidential Information”). Written or other tangible Confidential Information must at the time of disclosure be identified and labelled as Confidential Information belonging to the disclosing Party. When disclosed orally or visually, Confidential Information must be identified as confidential at the time of the disclosure, with subsequent confirmation in writing within 15 (fifteen) days after disclosure. Each Party agrees that it will not use in any way for its own account or the account of any third party, such Confidential Information, except as authorized under this Agreement, and will protect Confidential Information at least to the same extent as it protects its own Confidential Information and to the same extent that a reasonable person would protect such Confidential Information.

Neither Party may use the other Party’s Confidential Information except to perform its duties under this Agreement.

The Confidential Information restrictions will not apply to Confidential Information that is (i) already known to the receiving Party, (ii) becomes publicly available through no wrongful act of the receiving Party, (iii) independently developed by the receiving Party without benefit of the disclosing Party’s Confidential Information, (iv) has been rightfully received from a third party not under obligation of confidentiality or (v) is required to be disclosed by law, provided the Party compelled to disclose the Confidential Information provides the Party owning the Confidential Information with prior written notice of disclosure adequate for the owning Party to take reasonable action to prevent such disclosure, where reasonably possible. Unless otherwise agreed to by both Parties, upon termination of this Agreement or an applicable Addendum, each Party will return the other Party’s Confidential Information.

b-Use of Customer Data

You agree that Picus Security collects, stores, process and tracks personal data entered by You during the registration stage of the service. Picus Security can be also exposed to certain Customer Data including but not limited to IP addresses, domain names, threat block or fail status and others during the execution of the Services. Picus Security will take all the physical, technical and operational precautionary measures to safeguard your data. By approving this agreement, you give your express consent to Picus security to share your personal data and customer data with third parties. You can visit https://www.picussecurity.com/privacy for detailed information about our privacy policy.

c- Use of Accumulated Data

You acknowledge that Picus Security can use the accumulated data of all Service users for statistical purposes and improve its products and services, provided that such data is fully anonymized and cannot be associated with You.

Limitation of Remedies and Damages

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, PICUS SECURITY, ITS AFFILIATES, ITS LICENSORS OR AUTHORIZED PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO CLAIMS FOR LOSS OF DATA, GOODWILL, OPPORTUNITY, REVENUE, PROFITS, OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, PRIVACY, ACCESS TO OR USE OF ANY ADDRESSES, EXECUTABLES OR FILES THAT SHOULD HAVE BEEN LOCATED OR BLOCKED, NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE AND THIRD PARTY CLAIMS, EVEN IF PICUS SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PICUS SECURITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT ACTUALLY RECEIVED BY PICUS SECURITY FOR THE APPLICABLE PRODUCTS OVER THE ONE YEAR PERIOD PRIOR TO THE EVENT OUT OF WHICH THE CLAIM AROSE FOR THE PRODUCTS THAT DIRECTLY CAUSED THE LIABILITY, OR (B) TEN THOUSAND USD.

Warranty Disclaimer

THE SERVICE, ITS SOFTWARE COMPONENTS, ITS REPORTS AND ALL OTHER DELIVERABLES ARE PROVIDED “AS IS” AND PICUS SECURITY MAKES NO WARRANTY OR GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND AS TO ITS USE OR PERFORMANCE AND DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE FAIL SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS OR THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS OR IDENTIFY ALL POSSIBLE CYBER ATTACKS A SECURITY DEVICE MAY OR MAY NOT PROTECT AGAINST.

Export Controls

You acknowledge that the Service and relevant software components are subject to Republic of Turkey, US, UK, and, when applicable, European Union export regulations. You shall comply with applicable export and import laws and regulations for the jurisdiction in which the Software will be imported and/or exported. You shall not export the Software to any individual, entity or country prohibited by applicable law or regulation. You are responsible, at your own expense, for any local government permits, licenses or approvals required for importing and/or exporting the Software.

You warrant and agree that You are not: (i) located in, under the control of, or a national or resident of Cuba, North Korea, Iran, Syria, Lebanon or Sudan or (ii) on the U.S Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

Cancellation of Services and Termination of the Contract by Picus Security

Picus Security may terminate this Agreement with immediate effect and without prior notice in the following cases and cease Service and Use of Services: (i) Without giving a reason at any time it deems necessary, and / or (ii) You Violating the Agreement, and / or (iii) You failing to fully or partially fulfill any of the terms and conditions of this Agreement.

No termination or expiration of this Agreement shall affect any rights of Picus including but not limited to demanding compensation, that shall have accrued or prior to the date of such termination or expiration. Nothing in this Agreement shall constitute a waiver or limitation of any rights that Picus may have under applicable law.

You may only use paid software/products during the period for which you have paid the subscription fee.

Upon termination or expiration, you must immediately cease using the software/products and delete all copies of any related software found on your computer. Upon termination, Picus may disable further use of the software/products without further notice and may delete any account information.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey, and the parties irrevocably submit to the non-exclusive jurisdiction of the Ankara courts. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, or breach thereof shall be only in the Republic of Turkey courts with competent jurisdiction located in Ankara.

Miscellaneous

This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Picus Security. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Picus Security. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Each party will comply with all applicable laws and regulations, including those of other jurisdictions that may apply concerning the protection of personal data, and anti-bribery. You must obtain any required employee consents addressing the interception, reading, copying or filtering of emails and their attachments. Neither party will use any data obtained via the Products for any unlawful purpose.

All notices, requests, demands and determinations for Picus Security under this Agreement (other than routine operational communications) shall be sent to: the applicable entity address on the first page of this Agreement addressed to “Attention: Legal Department”.

Either party may change its contact person for notices and/or address for notice by means of notice to the other party given in accordance with this paragraph. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, civil or military authority, disturbances to the Internet, delay or failure caused by an interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or other such transmission failure, hardware failure beyond the reasonable control of Picus Security, and inability to secure materials or transportation facilities. This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and the parties have not relied on any promise, representation, or warranty, express or implied, that is not in this Agreement. Any waiver or modification of this Agreement is only effective if it is in writing and signed by both parties or posted by Picus Security at http://www.PicusSecurity.com/legal. All pre-printed or standard terms of any of your purchase order or other business processing documents have no effect.

In the event of a conflict between the terms of this Agreement and the terms of an Order, the terms of this Agreement prevail. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as reasonably to affect the intention of the parties. Picus Security is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Picus Security.

All provisions relating to confidentiality, proprietary rights, indemnification, and limitations of liability survive the termination of the agreement.