PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING OR OTHERWISE USING THE SOFTWARE (“SOFTWARE”) AS PROVIDED HEREWITH BY PREVOTY, INC. (“LICENSOR”). YOU ARE PERMITTED TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THIS SOFTWARE AND YOUR ACCESS WILL BE TERMINATED.
This Software License Agreement (the “Agreement”) is entered into as of the date of registration (the “Effective Date”) by and between PREVOTY, INC. (“Licensor”) and the legal entity described in the form submitted for registration (“Licensee”).
1. What information we collect
We collect both personal and non-personal information on our Sites. Personal information is information that can be used to identify you individually, such as your name, address, phone and fax numbers, and email address. Non-personal information may include information about how you use our Sites, the areas of our Sites that you visit, internet protocol (IP) address, browser type, and internet service provider (ISP). The following is a more detailed explanation of these types of information.
We may collect information that identifies you personally, such as your name, address, phone and fax numbers and e-mail address, when you submit a form, such as, but not limited to, a form that requests a copy of certain Prevoty evaluation licenses or additional information about Prevoty products and services. We may collect additional information if you choose to submit it, including, but not limited to: job title, employer, business telephone number, and mailing address. We will use this information to respond to your inquiry and to send you communications related to our products, services, promotions, company, and other products or services we think may be of interest to you. If you choose to submit your resume to us through our Sites or via a third party website, we will collect the information provided in order to contact you about potential employment opportunities.
We and our third party service providers may collect non-personal information from you, including how you use our Sites and the areas of our Sites that you visit.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, ISP, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.
2. How we use information
we collectWe collect personal information about you through the Sites to communicate with you about our products, services, promotions, company, and other products or services we think may be of interest to you. In addition, if you submit your resume, we will contact you about potential employment opportunities. As described in this policy, we may share your personal information with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service. We use non-personal information, which does not identify individual users, to improve user experience and overall quality of our Sites, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. For example, each visitor to the Site is identified by an IP address during their visit and IP addresses are automatically captured by Site management software. Prevoty uses this information to help improve the operation of the Site and may at some time use this information to help adjust the content of the Site to the general geographic location of the visitor and for reporting purposes. Because non-personal information does not personally identify you, we may also use and disclose non-personal information for any other purpose. We may combine personal information with non-personal information. We will treat all combined information as personal information as long as it is combined.
3. How we share information
with third partiesAs a matter of policy, Prevoty will not provide any of your personal information to third parties for their marketing purposes without your explicit consent. The personal and non-personal information you provide to the Site may be shared with our third party agents and service providers who:
(1) help Prevoty operate, analyze and improve the Sites;
(2) help Prevoty process transactions;
(3) help Prevoty provide the services requested by you;
(4) contribute to Prevoty’s sales and marketing efforts; and
(5) help Prevoty with its recruitment and staffing efforts.
The security of your personal information is important to us. Prevoty takes commercially reasonable steps to help protect and secure the information it collects and stores about its users. However, please remember that no data storage or data transmission is guaranteed to be 100% secure. Thus, while we strive to protect your personal information, Prevoty cannot ensure or warrant the security of any information you transmit to us. We may store information that we collect through our Site indefinitely except as otherwise required by law.
5. Links to other websites
6. Consent to transfer
We operate the Sites from the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By visiting the Sites, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
7. Business transitions
In the event Prevoty goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information will likely be among the assets transferred. By providing your personal information, you agree that we may transfer such information to the acquiring entity without your further consent. You will be notified via email and/or a notice posted on our Sites of any such change in ownership or control of your personal information.
9. Contact Us
Terms of Service
NOTICE TO ALL USERSACCEPTANCE: PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON, ACCESSING OR USING THE Prevoty Service OR DOWNLOADING OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY, REFERRED TO AS " YOU " OR " YOUR ") AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT USE THE Prevoty Service OR INSTALL THE SOFTWARE.If You are an individual, then You must be at least 18 years old or have attained the age of majority in the state, province or country where You live to enter into this Agreement. If You are accessing Prevoty Service on behalf of an entity, then You must be properly authorized to represent that entity and accept this Agreement on its behalf.Definitions" Application " means all pages of Your website for which you have configured our Prevoty Service." Prevoty " means Prevoty, Inc., a Delaware corporation." Software " means all of the contents of the files or other media (including electronic media) used in connection with the Prevoty Service or such software as are hosted by Prevoty or its distributors, resellers, service providers, and other business partners (collectively " Authorized Partner(s) "), if applicable, including but not limited to: (a) Prevoty or third party computer information or software; (b) related explanatory materials in printed, electronic, or online form (" Documentation "); and (c) upgrades, modified or subsequent versions and updates, and Software, if any, licensed to you by Prevoty or an Authorized Partner." Prevoty Service " means our proprietary cloud-based application security service. Our Prevoty Service is configured by You such that your Application will call our service as configured in order to sanitize the input from a user of your Application." Use " or " Using " means to access, install, download, copy or otherwise benefit from the Software or Prevoty Service.
Prevoty hereby grants to You a non-exclusive, non-transferable, non-assignable, revocable license to download, install and use the Software subject to the terms and conditions of this Agreement and any restrictions specified in the Documentation. Some third party materials included in the Software or used by the Prevoty Service may be subject to other terms and conditions, which are typically found in a "Read Me" or an "About" file in the Software. The Software is granted solely to access the Prevoty Service subject to the restrictions. The Software is licensed, not sold. You may not sell, lease, sublicense, rent, loan, resell or otherwise transfer the Software or Prevoty Service.Ownership Rights.The Software is protected by the United States and other countries' copyright laws, international treaties and other applicable laws in the country in which it is being used. Prevoty and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or Use of the Software does not transfer to You any title to the intellectual property in the Software, and You will not acquire any rights to the Software except as expressly set forth in this Agreement. Any copy of the Software and Documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation. To the extent You provide any comments, information, opinions, recommendations or suggestions to Prevoty in relation to the Software and Prevoty Service ("Feedback "), You grant to Prevoty a worldwide, non-exclusive, royalty-free, irrevocable license to use, copy, make copies, distribute, display, perform and otherwise commercialize the Feedback at Prevoty's sole discretion; without further compensation to You or without Your approval. You may not remove any proprietary notices or labels on the Software.Warranty and Disclaimer.Limited Warranty . Prevoty warrants (manufacturer warranty) that for 30 days from the date of original purchase the paid version of the Software and Prevoty Service will operate substantially in accordance with the Documentation. Without limiting the foregoing, Prevoty makes no warranty that the Software or Prevoty Service will be error-free or free from interruptions or other failures or that the Software or Prevoty Service will meet Your requirements.Exclusive Remedy . Prevoty's and its suppliers' entire liability and Your exclusive remedy for any breach of the foregoing warranty shall be allowing return of the purchase price paid for the Prevoty Service during the prior six months, if any.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND PREVOTY MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, PREVOTY AND ITS SUPPLIERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE Prevoty Service OR SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE Prevoty Service OR SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, PREVOTY MAKES NO WARRANTY THAT THE Prevoty Service OR SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS OR BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE Prevoty Service OR SOFTWARE WILL MEET YOUR REQUIREMENTS.Exceptions . Some states or jurisdictions do not allow the exclusion of express or implied warranties, so the above disclaimer may not apply to you. IN THAT EVENT, SUCH EXPRESS OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD (OR THE MINIMUM PERIOD REQUIRED BY APPLICABLE LAW).
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PREVOTY, OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL PREVOTY, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE Prevoty Service DURING THE LAST SIX MONTHS, IF ANY, EVEN IF PREVOTY, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PHYSICAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. NOTHING IN THIS AGREEMENT WILL DIMINISH ANY RIGHTS YOU MAY HAVE UNDER EXISTING CONSUMER PROTECTION LEGISLATION OR OTHER APPLICABLE LAWS IN YOUR JURISDICTION THAT MAY NOT BE WAIVED BY CONTRACT. PREVOTY IS ACTING ON BEHALF OF ITS SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS AGREEMENT, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Prevoty reserves the right to terminate this Agreement, Your account and access to the Software or Prevoty Service if Prevoty determines, in its sole discretion that You have or are attempting to, where applicable:Reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Prevoty Service and/or Software, except to the extent the foregoing restriction is expressly prohibited by applicable law, or make error corrections to, or otherwise adapt or modify, or create derivative works based upon the Prevoty Service or Software;Provide false information to set up an account, attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means, or otherwise use the Prevoty Service to impersonate any person, business or entity, including Prevoty or its employees and agents;Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Prevoty Service or any portion thereof, including without limitation any content other than Your personal digital content displayed in connection with the Prevoty Service;Permit third parties to benefit from the use or functionality of the Prevoty Service or Software via a timesharing, service bureau or other arrangement;Rent, lease, license, loan or assign Your rights to the Software or Prevoty Service to another party. If You administer the Prevoty Service on a mobile device and You transfer ownership of that device to someone else, then You must ensure any Software is deleted from that device and remove that device from Your account and You are responsible for any charges incurred with Your data/mobile service provider as a result of the Prevoty Service; orEngage in any activity that otherwise interferes with the use and enjoyment of the Software and/or Prevoty Service by others, including without limitation: using the Software or Prevoty Service in any way that may damage, disable, overburden, or impair Prevoty's servers or networks; harvesting personal information about other Prevoty Service users for any reason; transmitting, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages).
Operation of the Prevoty Service:
With respect to our Prevoty Service, the following shall apply:Configuration . You acknowledge that no system can guarantee absolute security under all conditions. You are responsible for customizing the Prevoty Service to meet your needs. Prevoty shall have no liability for any errors in Your configuration or any damages resulting therefrom.Access to Internet : In order for our Prevoty Service to process any request from Your Application in order to sanitize the input from a user of your Application, a connection to the Internet is required.
PREVOTY WILL NOT BE LIABLE FOR ANY LOST OR STOLEN DATA, FILES OR SYSTEMS OR ANY OTHER DAMAGES OR LOSSES RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF, OR INABILITY TO USE, OUR Prevoty Service OR SOFTWARE. PREVOTY WILL NOT BE LIABLE FOR ANY DOWNTIME OR SERVICE INTERRUPTION DUE TO MAINTENANCE OR OTHER REASONS.
Effects of Termination:
Upon termination of Your subscription, You will no longer have access to our Prevoty Service and Your Applications will be un-enrolled from subscription.Effects of Termination . Upon termination, Your Applications will not be protected by our Prevoty Service.
Trial/Evaluation Software.IN THE EVENT THAT OUR Prevoty Service IS PROVIDED TO YOU ON A "TRIAL" OR "EVALUATION" BASIS IS PROVIDED TO YOU "AS IS", WITH NO WARRANTY, INDEMNITY OR SUPPORT WHATSOEVER, EXPRESS OR IMPLIED. The Sections of this Agreement entitled "Limited Warranty", "Exclusive Remedy" and "End User Customer Support" specifically do not apply to Trial or Evaluation Software.Beta Software.ANY Prevoty Service, RELATED SOFTWARE OR PORTIONS OF SUCH SOFTWARE LABELED AS "BETA", "PRE-RELEASE", OR OTHERWISE DESCRIBED AS EXPERIMENTAL, UNTESTED OR NOT FULLY FUNCTIONAL (" BETA SOFTWARE ") ARE PROVIDED TO YOU "AS IS", WITH NO WARRANTY, INDEMNITY, OR SUPPORT WHATSOEVER, EXPRESS OR IMPLIED.
The Sections of this Agreement entitled "Limited Warranty" , "Exclusive Remedy" and "End User Customer Support" specifically do not apply to Beta Software. Term and Automatic Renewal. Unless earlier terminated as set forth herein, this Agreement is effective for the term set forth in the Documentation. If no term is agreed to, the default term shall be one year from date of purchase, except with regards to a free version of the Prevoty Service for which the default term shall be for so long as Prevoty makes such Prevoty Service available to You. If You have provided Prevoty with a valid credit card number or an alternate payment method, Your subscription will be automatically renewed (and charged to the account You have provided) for another term at the expiration of Your current term, whenever Your local regulations allow, for a fee no greater than Prevoty´s then-current price, excluding promotional and discount pricing. The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and Your credit card charged) within 30 days prior to the expiration of the term and each anniversary thereafter. If You do not desire to have Your subscription automatically renewed, You must, prior to the expiration of Your subscription term, inform Prevoty of Your intention not to renew Your subscription to the Prevoty Service. Prevoty will send written notice of Your renewal to the e-mail address You have provided to Prevoty prior to the time of Your renewal and upon the renewal of Your subscription term. If Your subscription is automatically renewed and You request a refund of the subscription price via Prevoty's customer support within 60 days of the renewal (or any such longer period that Prevoty may, in its sole discretion, allow), Prevoty will refund the full subscription price to You. Upon any termination or expiration of this Agreement, You will no longer have access to the Prevoty Service.Termination of Service:You may close Your Prevoty Service account and end Your use of the Prevoty Service at any time, for any reason or no reason, however, except as provided for auto-renewal of subscriptions, You will not receive a refund for any fees which You may have paid in advance (e.g., if You terminate Your subscription early) and You shall remain liable for all fees incurred or accrued by You. Upon expiration or termination of the Prevoty Service for any reason, You are no longer authorized to use or access the Prevoty Service and Your account will be cancelled, closed, or both. You agree that, upon such termination, You will destroy and permanently erase all copies of the Software and that Your access rights to the Prevoty Service will immediately terminate. When Your account is closed, You understand that You will no longer have access to the Prevoty Service and Your account will deleted by Prevoty according to its policies.Accounts, Passwords and Security.You are responsible for keeping Your password secure. You will be solely responsible and liable for any activity that occurs under Your user name. If You lose Your password or the encryption key for Your account, You may not be able to access the Prevoty Service. The Prevoty Service may require You to create and manage Your information and Prevoty Service using an account on a Prevoty website (https://www.prevoty.com). When creating Your account, You agree to completely and accurately provide the required information and to be responsible for ensuring Your billing information is current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Prevoty if Your credit card is canceled (for example, for loss or theft). You are solely responsible for the activity that occurs on Your account, including the activity of others who are on Your account (for example, when Your subscription allows multiple users). You must keep Your account password secure, and notify Prevoty immediately of any breach of security or unauthorized use of Your account.Notice to United States Government End Users.The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.High Risk Activities.The Prevoty Service and Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Prevoty Service or Software could lead directly to death, personal injury, or severe physical or property damage (collectively, " High Risk Activities ").
PREVOTY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
End of Terms and Conditions
THE Prevoty Service AND SOFTWARE ARE PROTECTED BY INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL TREATY PROVISIONS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.