We believe in your right to privacy. We defend it tirelessly.
These Terms cover all WithSecure™ programs and software-based services and web applications licensed by or made available to you, including support tools, web portals, firmware, hardware, and services directly supporting your use thereof, related documentation and any updates and upgrades to any of the above (together the "Software"). These Terms also apply to such programs that are made available to you under a purchased license or related agreement, where these Terms are referenced.
IMPORTANT – BEFORE INSTALLING OR USING WITHSECURE SOFTWARE, CAREFULLY READ, OR IF YOU ARE UNDERAGED HAVE YOUR LEGAL GUARDIAN READ, THESE LICENSE TERMS ("TERMS"). BY OPTING TO ACCEPT, BY INSTALLING, COPYING, OR USING THE SOFTWARE OR SOFTWARE-BASED SERVICE YOU (EITHER AN INDIVIDUAL OR AN ENTITY) WARRANT THAT 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 OPT TO ACCEPT, INSTALL, COPY, OR USE THE SOFTWARE.
You acknowledge and accept that the Software is subject to specific limitations such as purpose of use and certain technical requirements, including but not limited to operating system, storage space, geographical location, and network connectivity. Please be aware that the Software may not be available and/or allowed in your country of residence.
Subject to the payment of applicable fees and subject to these Terms, you are granted a non-exclusive, non-transferable, non-assignable, revocable limited right to use the Software as specified in these Terms for the time period separately agreed upon between you and WithSecure or its distributors.
A) install and use the Software only on as many units (typically handheld devices, personal computers, servers, or other hardware, jointly referred to as "Device") as stated in the Software, WithSecure License Certificate, applicable invoice, product packaging, or agreement where these Terms have been referenced. If the Software is shared through a network or the Software is used to filter traffic at servers, firewalls, or gateways, you must have a license for either scanning capacity or for the total number of users whom the Software provides services to. In such cases, you may install the Software on as many units as needed (not applicable to WithSecure SENSE);
B) create copies of the Software for installation and backup purposes only; and
C) extend the number of licenses by purchasing more licenses.
You may not:
A) install and use the Software against these Terms, the WithSecure License Certificate, or other related documentation;
B) distribute copies of the Software to a third party, electronically transfer the Software to a computer belonging to a third party, or permit a third party to copy the Software, except and to the extent where such activity is expressly stated in related documentation;
C) modify, adapt, translate, rent, lease, resell, distribute, or create derivative works based on the Software and/or related files (including but not limited to databases, news, descriptions, and other content) or any part thereof;
D) decompile, reverse engineer, disassemble, or otherwise reduce the Software and/or related files (including but not limited to databases, news, descriptions, and communications between applications) to any human-perceivable form (except to the limited extent permitted under mandatory copyright legislation) as the Software contains or may contain trade secrets of WithSecure and its licensors;
E) use the documentation for any other purpose than to support your use of the Software;
F) disclose any license authorization code provided for installing or using the application to any third party, excluding a license with multiple use rights requiring disclosure to such other users;
G) use the Software or any portion thereof to implement any product or service to operate on or in connection with the Software for any other purpose than for which the Software is provided;
H) change the radio parameters of any hardware against its certification in your locality;
I) where the Software includes an Automatic Update Agent component, use such component to publish, distribute, and/or obtain software or content (i) not specifically related to WithSecure products and/or services and (ii) not security-related (or any updates to any such software or content); or
J) in any event use the Software for the following purposes: (i) Harvesting or distributing any private information, copyrighted content, or trade secrets that you do not have rights to harvest or distribute; (ii) Distributing content that is unlawful, libellous, pornographic, abusive, harassing, threatening, or that contains content or code with destructive features; (iii) Accessing or distributing child pornography or bestiality; (iv) Spamming; (v) Malware, botnets, phishing, denial-of-service attacks, illegal hacking, unauthorized port scanning, or unauthorized access; (vi) Impersonating another person; (vii) Violating other persons' legal rights; (viii) Violating applicable laws, including but not limited to the export and recycling laws of your jurisdiction for the specific products; (ix) Other invasive or fraudulent purposes, or uses that may interfere with the operation of the Software or other users' ability to use the Software; or (x) Managing any content that is against the permissible content guidelines maintained by third parties from whom you have acquired the Software.
Please contact WithSecure directly if you are interested in any other rights to the Software than those granted in these Terms.
ADDITIONAL LICENSE TERMS FOR BETA, FREE, AND EVALUATION SOFTWARE VERSIONS
These restrictions apply in addition to the above, when you use, download, or install a trial, beta, or free version of the Software or you are granted a license by WithSecure or its distributor expressly for evaluation purposes. In such cases, the Software is prone to changes and may have enhanced advertising features. You acknowledge that, because the right to use the Software is free; (i) WithSecure has no obligation to provide support or maintenance services for the Software, and (ii) WithSecure may at any time terminate your license to the Software or the availability thereof, terminate or change any of its features, or limit or convert free features to chargeable. A fixed-term license is granted for the sole purpose of evaluating the Software or using the Software as a supplementary or case-specific tool, and only for the specified trial period, which begins on the date that the Software is first installed or registered. After the fixed term you must either buy the Software license from WithSecure or its distributor, or destroy and stop using the Software.
When using the SENSE software application under a free subscription, the terms of this Section do not apply.
OPEN SOURCE LICENSES
You acknowledge that certain components of the Software may be covered by open source software licenses ("OSS Licenses"). Some of these OSS Licenses require that the distributor makes the software available in source code format ("Open Source Components"). Rights of use to Open Source Components are granted to you directly by the respective rights holders according to the respective applicable license texts. When so required by the terms of OSS Licenses, such OSS Licenses relating to respective Open Source Components are located in the installation directory of the Software or in such other place as indicated in the Software.
Terms specific to Cloud Protection for Salesforce
Cloud Protection for Salesforce is a Software provided by WithSecure, not salesforce.com, and is therefore not warranted by salesforce.com. You and other users at your company may be able to use Cloud Protection for Salesforce to access your or your company's data in the salesforce.com system. However, using Cloud Protection for Salesforce may also result in transmission of such data out of the salesforce.com system. To the extent that data is transmitted out of the salesforce.com system, salesforce.com is not responsible for the privacy, security, or integrity of that data.
Title, ownership rights, and intellectual property rights in the Software remain with WithSecure and/or its licensors. WithSecure and its licensors reserve any and all rights not expressly granted to you.
LIMITED WARRANTY AND DISCLAIMERS
Disclaimer of warranty on software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OTHER THAN WHAT IS EXPLICITLY STATED HEREIN. WITHSECURE, ITS LICENSORS AND DISTRIBUTORS DO NOT GUARANTEE THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHSECURE AND ITS LICENSORS AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, AVAILABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
Some jurisdictions do not allow the limitation or exclusion of express or implied warranties, so the above exclusion may not apply to you, and you may have other rights, which may vary according to your jurisdiction.
US consumer warranty for hardware
In the USA, WithSecure provides a voluntary manufacturer's one (1) year limited warranty for hardware ("Warranty"). The Warranty provides rights that may be separate to the rights provided to you by consumer law, including but not limited to those relating to non-conforming goods. Hence, the Warranty benefits are in addition to, and not instead of, rights provided by consumer law in the USA.
The Warranty begins from the date of original purchase of the hardware from WithSecure or an WithSecure authorized reseller. If there is a defect during the warranty period, WithSecure, at its option and to the extent required by law, will (a) repair the hardware at no charge using new parts or parts that are equivalent to new in reliability and performance, (b) exchange the product with a functionally equivalent product that is new or equivalent to new in reliability and performance, or (c) refund the original purchase price. This Warranty excludes damage resulting from accidents, abuse, or other causes that can be determined not to be defects in materials and workmanship, including but not limited to when the hardware has been used or maintained in a manner not conforming to the user documentation and Terms. The removal, defacing, and/or altering of the original factory serial number or modifying or repairing the hardware without authorization from WithSecure will void this warranty.
All warranties, conditions, and other terms not set out in this warranty document are excluded from the Warranty, except for the rights entitled to you by the laws of your jurisdiction. WithSecure does not warrant, represent, or undertake that it will be able to repair or replace the hardware under this Warranty without risk to or loss of information and/or data stored on the hardware. In no event will WithSecure be liable for (a) any losses that were not caused by WithSecure's breach of this Warranty, (b) any loss or damage that was not, at the time of the purchase of the hardware, a reasonably foreseeable consequence of WithSecure breaching this Warranty, or (c) losses relating to any business, loss of profits, loss of data, or loss of opportunity. The provisions of this Warranty shall not apply to (1) death or personal injury, (2) fraud or gross negligence, (3) fraudulent misrepresentation, or (4) any other liability that cannot be limited or excluded as a matter of law.
Certain states or countries may not allow limitations on the warranty's duration, or allow exclusion or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you. Note that this Warranty gives you specific legal rights, and you may also have other rights, which vary according to your state or country. For a full understanding of your rights, you may consult the laws of your state, province, or country. To submit a warranty claim, please contact WithSecure Customer Care as outlined below. Please be prepared to provide your proof of purchase for any warranty claims.
Limitation of liability
Limitation of liability for certain categories of damages. IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL WITHSECURE, ITS EMPLOYEES, OR OFFICERS, 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 OR FILES, DEVICE OR APPLICATION NON-PERFORMANCE, FAILURE OR MALFUNCTION, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE, RELATED DOCUMENTATION OR THIRD-PARTY SERVICES, EVEN IF WITHSECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of aggregate liability. WITHSECURE'S, ITS LICENSORS' AND ITS DISTRIBUTORS' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. IN CASE OF DAMAGE RESULTING FROM A FAILURE OF THE SOFTWARE LEADING TO LOSS, CORRUPTION, UNAUTHORIZED DISCLOSURE, OR EXTENDED UNAVAILABILITY OF THE CONTENT, THE LIABILITY SHALL BE EXPRESSLY LIMITED TO THE AMOUNT PAID FOR YOUR LICENSE TO THE SOFTWARE FOR SIX MONTHS IMMEDIATELY PRECEDING SUCH FAILURE.
Unalienable consumer rights, beneficiaries to terms. Some jurisdictions do not allow the limitation or exclusion of liability so the above limitation or exclusion may not apply to you or may apply to you only in part. Nothing contained in these Terms shall prejudice the statutory rights of any party dealing as a consumer. WithSecure 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.
Limitation of liability under German and Austrian laws. In respect of licenses purchased by consumers residing in Germany or Austria, the following limitations of liabilities shall apply in lieu of sections 1 and 2 above: Concerning claims for damages, claims for compensation of expenses and other liability claims, whether arising in contract, tort, breach of statutory duty, or otherwise under this license, the following applies: WithSecure, its licensors, its distributors or its suppliers shall be liable without restriction for i) damage caused intentionally or through gross negligence, ii) for claims according to the German/Austrian Product Liability Act and iii) in the case of violating life, body, or health. In case of simple negligence, the following applies: WithSecure, its licensors, its distributors, or its suppliers shall only be liable insofar as it has breached an essential contractual obligation (cardinal contractual obligation). This liability shall be restricted to the contractually typical and foreseeable damage in the case of material and pecuniary damages.
Compensation for damages or loss. You shall indemnify, defend and hold harmless WithSecure, its employees, officers, licensors, distributors, and suppliers (collectively the "Indemnitees") against (i) any and all costs, charges, claims, damages, liabilities incurred, and/or proceedings taken against any of the Indemnitees due to your illegal conduct and/or violation of rights of third parties, (ii) without limitation outside legal counsel and consultants fees resulting thereof; and/or (ii) any damage that you may cause through your use of the Software.
Privacy and data collection
Data collection. You acknowledge that WithSecure needs to collect and process certain data relating to your devices and/or network for us to provide you our services. Since the data collected and how it is used varies per type and version of Software, more detailed information on personal data processing can be found in the relevant WithSecure privacy policies. Such policies are available via the Software user interface and/or on the WithSecure website. The following summarizes what kind of data the Software typically collects and for what purpose.
Technical and security data. For WithSecure to secure your device and your digital life, most of our Software must collect and process data on your device and your use of Software. This data typically consists of object security data, analysis results, statistics, file metadata, Software usage metrics, and other similar data. Our design principle is to seek to limit our capability to link this type of data to you personally.
Personal data. WithSecure also collects and processes data in a manner that is personally identifiable to you. Such data typically consists of i) data that you actively send to us (for example contact and registration information, information to solve a support issue) and ii) data automatically collected by the Software or triggered by your use of particular features (for example license allocation, device, and software information, user account activity, geographic location of your device, operation system, etc.), and iii) limited data sets from the above ‘Technical and security data' (for example the name of blocked malware).
AUTHORIZATIONS FROM YOU TO WITHSECURE
For the Software to function as intended, you authorize WithSecure, on your behalf, to copy suspicious files containing executable code from your Device or from your third-party service accounts linked to the Software to WithSecure backend systems, so WithSecure can more effectively analyze them for malicious activity.
For any direct feedback, ideas, and improvement suggestions that you provide to WithSecure (together "Feedback"), you give WithSecure a worldwide, non-exclusive transferrable, sublicensable, free right to make use of such Feedback in any of our products and business for the duration of the legal protection granted by applicable copyright or industrial property rights laws, regulations and international treaties and conventions.
Changes. WithSecure is constantly improving its services. WithSecure reserves the right to modify features or functionality of the Software. WithSecure makes such changes, for example to provide you with better products or services, to adjust the Software to changes in the market or regulations, and to take into account any subsequent technical constraints. Hence, WithSecure reserves the right to upgrade and make changes to the Software from time to time. Such changes may include, but are not limited to adding new features or removing existing features. Where such an upgrade or change is not automated but provided to you as a voluntary option, you should use the latest version of the Software for optimized security and usability. WithSecure further reserves the right to end the maintenance and support for certain versions of the Software (including versions designed to be used in certain operation systems), which may lead to the Software becoming inoperable. Use of the Software, for which the maintenance is discontinued, is not recommended and such use is entirely at your own responsibility. More information on product life cycles is available on the WithSecure website. As the Software is likely to evolve during your subscription, WithSecure may need to revise these Terms in connection with updates and the revised Terms shall upon acceptance apply to the corresponding versions of the Software. The use of the Software with updates is not possible without accepting the updated Terms when required. When you accept a new version of the Terms upon installing the service to a new Device or updating the version on a current Device, the new version shall automatically cover all Devices and installations of your subscription (does not overrule app stores' terms).
If any part of these Terms is found void and unenforceable, it will not affect the validity of the rest of the Terms, which shall remain valid and enforceable.
Data transfer costs. You acknowledge that use of the Software may result in additional data transfer costs. Such added costs may vary according to the type of Device / connection / operator network and you, not WithSecure, are responsible for such costs.
Availability. You are informed and hereby accept that all or part of the Software may be temporarily unavailable or non-operational for repairs, upgrades, maintenance, or for reasons beyond WithSecure's reasonable control (force majeure). WithSecure, its licensors or its distributors shall not be held liable for the consequences of such interruptions and shall undertake to restore the availability and operation of the Software as rapidly as reasonably possible, depending on the technical constraints encountered.
Termination. Without prejudice to any other rights of termination or expiration in these Terms or under contract or law; WithSecure may terminate your license to the Software immediately without notice if you are in breach of any of these Terms or use the Software's functions for purposes other than those indicated in the official documentation. In the context of WithSecure SENSE, termination means the termination of the security services provided to you under the respective subscription. Upon termination of the security services for WithSecure SENSE you may, regardless of the termination, continue to use the WithSecure SENSE application and hardware without the security services. These Terms therefore survive termination, and remain in force in respect of the WithSecure SENSE application and hardware without security services.
Where WithSecure observes that you are using the Software i) in breach of these Terms, ii) other applicable terms or iii) its intended purpose or iv) in a manner that could jeopardize its use by a third party (for example by monopolizing the access bandwidth) or to cause harm to a third party; WithSecure reserves the right (i) to not renew your license, (ii) to limit your use of the Software or part thereof, and (iii) to terminate the license. In the event that the agreement between WithSecure and WithSecure's distributor providing you with the Software is terminated, WithSecure or its distributor may notify you of premature termination of your license. You shall not be entitled to a refund, damages, or other compensation from WithSecure as a result of such termination. All restrictions of use shall survive termination.
Export restrictions. You acknowledge and agree that the Software 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 the Software 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 the Software, 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 the Software 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.
U.S. Government license rights. If this license is acquired for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), you acknowledge that the Software and the documentation are "commercial computer software" and respectively "commercial computer software documentation" as those terms are defined for purposes of the Federal Acquisition Regulations (FARs) in the case of procurement by civilian agencies (48 C.F.R. 2.101) and the Department of Defense Federal Acquisition Regulation Supplement (DFARS) in the case of procurement by units of the Department of Defense (48 C.F.R. 252.227-7014(a)(1) and (5)). Consistent with 48 C.F.R. 12.212 of FARs and 48 C.F.R. 227.7202 of DFARS and other applicable regulations, any use, modification, reproduction, release, performance, display, disclosure, or distribution of the Software and documentation by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
High-risk activities. The Software is not fault-tolerant unless expressly stated in the product documentation and is not designed, manufactured, or intended for use or resale as control equipment in hazardous environments that require fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). WithSecure and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Governing law and dispute resolution. Unless otherwise stated below, these Terms shall be governed under the laws of Finland without regard to conflict of laws, rules, and principles, and without regard to the United Nations Convention of Contracts for the International Sale of Goods. The courts of Finland shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms.
In the case of licenses purchased within or on behalf of licensees residing within the United States or operating under the laws of the United States, the governing law of these Terms shall be the laws of the State of New York without regard to conflict of laws, rules, and principles, and without regard to the United Nations Convention of Contracts for the International Sale of Goods. In such cases, the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms shall be of the federal and state courts located in New York.
In respect of licenses purchased by consumers residing outside Finland or the United States, these Terms may be governed by the mandatory local laws of such jurisdictions. Where WithSecure should elect not to insist upon enforcing its rights in line with these Terms, this shall not be interpreted as a waiver of WithSecure's right to enforce the same in the future.
In the event that you are a consumer residing in the EU, and a conflict concerning these Terms cannot be resolved by you and WithSecure or WithSecure's respective distributor in amicable negotiations, you may resort to your local national dispute resolution body for consumer disputes. You may find the full list of competent dispute resolution bodies in your jurisdiction here: https://webgate.ec.europa.eu/odr. Alternatively, you may also use the Online Dispute Resolution Platform available here: ec.europa.eu/odr for resolving a consumer dispute.
If you have any questions regarding these Terms, please visit the support section at WithSecure.com/support. For customer support-related issues, please contact your service provider directly.
WithSecure™ Elements Vulnerability Management
IMPORTANT – Before installing or using WithSecure Elements Vulnerability Management, carefully read the following legal terms (“Terms”). By selecting the accepting option, or by installing, copying or using WithSecure 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 WithSecure Elements Vulnerability Management.
These Terms cover the WithSecure Elements Vulnerability Management and security scanning solution developed by WithSecure 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 (“WithSecure Elements Vulnerability Management”).
Subject to these Terms and the payment of applicable license / subscription fees, WithSecure grants You a non-exclusive, non-transferable right to use the specified WithSecure Elements Vulnerability Management version, for a specified time period, as separately agreed between You and WithSecure or its distributors. WithSecure and its licensors reserve any and all rights not expressly granted to You.
Additionally, upon Your request and WithSecure’s approval, WithSecure may grant You a limited, non-exclusive, non-transferable right to evaluate WithSecure Elements Vulnerability Management for non-commercial purposes. You must purchase a license / subscription to WithSecure Elements Vulnerability Management to continue to use WithSecure Elements Vulnerability Management commercially after the evaluation period ends.
You as the licensee may use WithSecure 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 WithSecure 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 WithSecure Elements Vulnerability Management and/or use WithSecure 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 WithSecure Elements Vulnerability Management including any obligations arising from such use and any breach by such third party of these Terms. Upon 30 days’ notice, WithSecure may withdraw its consent to the use of any third party. No other access to, use, copying, disclosure or distribution of WithSecure 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 WithSecure Elements Vulnerability Management and that no unauthorized copy, disclosure or distribution of WithSecure Elements Vulnerability Management, in whole or in part, in any form is made by You or any third party. You agree to notify WithSecure promptly of any unauthorized access to, use, copying, disclosure or distribution of WithSecure Elements Vulnerability Management. You acknowledge that WithSecure Elements Vulnerability Management contains valuable confidential information and trade secrets of WithSecure and/or its licensors.
You are not allowed to:
- access, use, copy, exploit, disclose or distribute WithSecure Elements Vulnerability Management except as expressly set out in these Terms;
- demonstrate, sell, offer to sell, distribute or transfer WithSecure Elements Vulnerability Management or any portion thereof to any third party;
- use WithSecure Elements Vulnerability Management or any portion thereof to implement any product or service to operate on or in connection with WithSecure Elements Vulnerability Management for any other purpose than for which WithSecure Elements Vulnerability Management is provided;
- create derivative works based upon WithSecure Elements Vulnerability Management or any portion thereof;
- decompile, disassemble, reverse engineer, or otherwise attempt to derive, obtain or modify the source code of WithSecure Elements Vulnerability Management;
- use WithSecure Elements Vulnerability Management if You are, or You work for, a competitor of WithSecure’s in the software security industry;
- sublicense any of the rights granted to You in these Terms.
WithSecure and its licensors retain all right, title, and interest in WithSecure Elements Vulnerability Management as well as any tools provided by WithSecure. 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 WithSecure Elements Vulnerability Management. All intellectual property rights pertaining to WithSecure Elements Vulnerability Management shall be and remain the property of WithSecure and/or its licensors. You acknowledge that WithSecure may freely use any suggestions, comments or other feedback about WithSecure Elements Vulnerability Management.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITHSECURE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT. WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT IS PROVIDED “AS IS”. WITHSECURE DOES NOT GUARANTEE THE COMPLETENESS OR ACCURACY OF THE RESULTS OR THAT WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT WILL FIND ALL SECURITY VULNERABILITIES. WITHSECURE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
No oral or written information or instructions given by WithSecure, 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.
IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL WITHSECURE, 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, WITHSECURE ELEMENTS VULNERABILITY MANAGEMENT, EVEN IF WITHSECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHSECURE’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 WITHSECURE 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. WithSecure 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.
You are solely responsible and assume the entire risk and liability for Your use of WithSecure Elements Vulnerability Management and Your actions based on the results provided by WithSecure Elements Vulnerability Management.
Notwithstanding anything to the contrary set out in these Terms, You shall defend, indemnify and hold WithSecure, its subsidiaries, and their employees harmless from damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by WithSecure, its subsidiaries, or their employees in relation to claims and actions arising out of or relating to Your use of WithSecure Elements Vulnerability Management and/or the services You provide to third parties through Your use of WithSecure Elements Vulnerability Management.
“Confidential Information” shall mean WithSecure Elements Vulnerability Management and all other information disclosed to You that WithSecure 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 WithSecure. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify WithSecure 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 WithSecure in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use.
SUITABILITY. WithSecure 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 WithSecure or its distributor from time to time. You hereby acknowledge and confirm that You have checked its suitability for Your own requirements before using WithSecure Elements Vulnerability Management.
AVAILABILITY. You are informed and hereby accept that all or part of WithSecure Elements Vulnerability Management may be temporarily unavailable / nonoperational for repairs, updates/upgrades, maintenance or for reasons beyond WithSecure’s reasonable control (force majeure). WithSecure, 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 WithSecure Elements Vulnerability Management as rapidly as reasonably possible, depending on the technical constraints encountered.
CHANGES. WithSecure reserve the right to modify features or functionality of WithSecure Elements Vulnerability Management from time to time. Such changes may include adding new features or dropping existing features. WithSecure reserve the right to end the maintenance and support for certain versions or for certain operation systems of WithSecure Elements Vulnerability Management in accordance to its product life cycle practices. This may lead to WithSecure Elements Vulnerability Management becoming inoperable. Continuing to use a discontinued version is not recommended and such use is entirely at Your own responsibility. As WithSecure Elements Vulnerability Management is likely to evolve and change during Your subscription, WithSecure may need to revise these Terms in connection of updates/upgrades and the revised Terms shall automatically apply to the corresponding versions of WithSecure 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.
OPEN SOURCE LICENSES. To the extent any component of WithSecure 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 WithSecure Elements Vulnerability Management will end immediately without notice if You are in breach of any of these Terms. Where WithSecure observes that You are using WithSecure Elements Vulnerability Management in breach of these Terms or its intended purpose, WithSecure reserves the right i) not to renew Your license / subscription, ii) limit Your use of WithSecure 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 WithSecure Elements Vulnerability Management, and ii) delete any such copies of WithSecure Elements Vulnerability Management, that may be installed on Your own IT environment.
EXPORT RESTRICTIONS. You acknowledge and agree that WithSecure 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 WithSecure 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 WithSecure 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 WithSecure 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 WithSecure for any other reason, please write to WithSecure Corporation, PL24, FI-00181 Helsinki, Finland, e-mail: email@example.com, or call: +358 9 2520 0700.
THE FOLLOWING LEGAL TERMS ("TERMS") GOVERN YOUR RIGHT TO USE AND ACCESS TO WITHSECURE COMMUNITY ("COMMUNITY") PROVIDED BY WITHSECURE CORPORATION ("WITHSECURE", "WE", "OUR") . BY REGISTERING FOR A COMMUNITY ACCOUNT AND/OR BY USING OR VISITING THE COMMUNITY YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. YOU ALSO AGREE NOT TO USE COMMUNITY AGAINST THESE TERMS OR SPECIFIC INSTRUCTIONS ELSEWHERE IN THE COMMUNITY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR IF YOU ARE BELOW THE AGE OF TWELVE (12), YOU ARE NOT ALLOWED TO ACCESS, VISIT OR PARTICIPATE IN THE COMMUNITY.
Description and purpose
WithSecure provides these Community forums as a service to its users and customers, to help them exchange ideas, tips, information, and techniques related to overall security related issues and to our services. These forums are here for the enjoyment and benefit of all members and accessible to all who register. Like any community, they are most valuable when everyone obeys certain basic guidelines and rules for online behavior.
Posting and prohibited content
Use of the Community is at your own risk. Do not post any information, especially personal information such as addresses and phone numbers, that you do not wish to make public. Any information that you post to public boards can be obtained and used by others. You are responsible for any personal information you disclose to the Community. WithSecure or Lithium Technologies Inc. ("Platform Provider") is not responsible for third parties' use of information posted to the open community.
Users of the Community agree not to upload, post, or otherwise transmit any content that includes any of the following inappropriate content:
- Content that is: unlawful, libelous, harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender;
- Any private or personal information or content that is not your own or that you do not have rights to transmit, such as:
- address, phone number, personal email address, social security number
- copyrighted content, trade secrets or securities
- Off-topic content not relevant to community purpose;
- Spam, such as advertising, promotion or solicitation, including chain letters, class action lawsuits, charitable appeals;
- Content or links to content that contains contaminating or destructive features that may damage someone else's computer;
- Duplicate or excessively repeated submissions in one or more areas;
- Content designed to evade profanity or other filters;
- Hyperlinks to sites that violate the terms;
- Content used to impersonate another person;
- Content or behavior that violates any applicable laws;
- Content or behavior that interferes with the operation of the site or with another member's ability to use the site;
- Evading site controls such as bans, or otherwise disregarding the directions of the site moderators or administrators
- Content that infringes copyrights or other intellectual property rights of third parties.
WithSecure may remove any information, in its sole discretion, including but not limited to personal data or data, material or content provided by any of the users, considered to violate the Terms or be inappropriate for the Community for any reason. WithSecure shall under this agreement have no obligation to monitor any of the material provided by you to WithSecure and/or to the Community, but may do so at its discretion. WithSecure also retains the right to immediately revoke any and all of Your access rights in case Your breach of any of these Terms or suspected misuse of the Community.
To report violations, please contact the WithSecure community moderator and include the message board name and the link of the post in question: firstname.lastname@example.org
Feedback and ideas
Any bulletin messages, suggestions, ideas, bulletin board postings or concepts ("material") that are submitted to WithSecure via Community website shall become, and remain the property of WithSecure. Furthermore, WithSecure is not responsible for the confidentiality of any material communicated to Community. By communicating material to the Community, you agree that WithSecure has the right to use and publish the material in products or publications for any purpose, including, but not limited to, product and/or service development, advertising and promotional purposes. You agree not to take action against us in relation to material that you submit.
We collect your personal data only when registering to the community service. The data includes typically your name and email address. You can enter more information to the system but this is not mandatory. Registration is required when you wish to post to the community and is used for operating the community, in particular maintaining the messaging structure.
We process your data so that we can provide you with the community services and continuously improve on the content and usability of the service. Our legal ground for this is “contract performance” so we can manage the community.
It is necessary for us to have the data requested for us to be able to create your individual account to WithSecure Community. The identification of data is needed to highlight active contributors to WithSecure community.
The data is not disclosed to external entities beyond the 3rd party platform provider and WithSecure Polish and Malaysian subsidiaries, which both process data only on WithSecure Corporation’s instructions.
We store your community account data based on your consent for 12 months since you last logged in to the system after which your community account is deleted. Users with a valid WithSecure service subscription are excluded from the deletion. During this time, you have full control on your own community data we have on you. You can edit and delete your community data via accessing your WithSecure Community account.
More information on your rights to your data is available in the WithSecure privacy statement.
We want to make this service even better. To do that, we need to know - for example - which articles/posts are viewed the most and found most useful and how users find the service.
Correctness of information and disclaimer of warranty
The Community and its contents, regardless of who originates that content, are provided "as is", without warranty of any kind. WithSecure, on behalf of itself, its employees, officers and suppliers, Platform Provider and those that have contributed to data presented in the Community expressly disclaim all implied warranties of any kind. Users of the Community agree that WithSecure is not responsible for the accuracy of the content of the Community and will not be liable for any damages incurred as a result of their use of any such content.
Where the Community contains links to third party sites, you acknowledge that the content on such third party sites may be subject to change from time to time and that such third party sites are not under WithSecure's control and that WithSecure has no liability in regards to the contents of such third party sites or Your activities in such third party sites.
Indemnity and limitation of liability
CONTENT POSTED TO THE COMMUNITY IS MOSTLY PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH WITHSECURE OR PLATFORM PROVIDER. YOU AGREE THAT WITHSECURE OR PLATFORM PROVIDER DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY, FOR THIS THIRD-PARTY CONTENT. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND USE OF THE COMMUNITY AND YOU AGREE TO INDEMNIFY AND HOLD WITHSECURE AND PLATFORM PROVIDER HARMLESS FROM ANY CLAIM MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH COMMUNITY, USE OF COMMUNITY, VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, CONTRACT, OR OTHERWISE, SHALL WITHSECURE OR PLATFORM PROVIDER BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Changes to terms
We will be making changes to Community, these Terms and relevant policies (including those referred herein) from time to time. We notify about such changes when we deem that changes in terms are material enough to warrant a notification / re-approval, but will not be required to do so in case of minor changes. Changed Terms shall be available in the same location and shall be effective when posted. In case you choose not to accept the then current Terms, you should cease Your use of the Community. The Terms and policies in force at the time you used the Community shall be applicable to Your use of Community made under such Terms. The month of the copyright notice at the end of Terms will allow you to easily monitor when changes in terms have occurred.
WithSecure may discontinue, modify or terminate any of user accounts to Community at its sole discretion. Upon termination of Community or Your usage rights therein, any terms that would reasonably survive termination, shall continue to be in force including, but not limited to; terms concerning restrictions on use, disclaimer of warranty, limitation of liability.
The Terms are not necessarily exhaustive and additional terms relating to certain contents or functionalities available in the Community may exist.
If any of these conditions is deemed invalid, void, or for any reason unenforceable, such portion of the condition will be deemed severable and will not affect the validity and enforceability of any remaining condition or these Terms.
These Terms shall be governed under the laws of Finland without regard to conflict of laws rules and principles.
By utilizing WithSecure™ Corporation remote support services, you (on behalf of yourself and / or the legal entity you represent) agree:
- to grant remote access to your computer to WithSecure's or its affiliates' or subcontractors' support personnel for the purposes of providing remote technical support and that you are authorized to grant access to computer or other device you are establishing the remote connection.
- that you are personally responsible for ensuring a valid backup of any data and applications has been made prior to any activities undertaken via the WithSecure remote support tool.
- that due to nature of certain technical problems, it may not be possible to resolve your particular problem via remote support.
- that because of complexity and variety of support cases and inevitable dependencies and reliance on third party technologies; all support is provided on "best efforts" basis and WithSecure may not be able to remedy some issues.
- that you do not have privacy, security or password sensitive applications / web pages / email open during remote support activities.
- that for reasons of providing good customer care we may help you with and offer solutions to i) certain product features that are undesirable to you and/or ii) issues arisen due to third party product, as part of our support services but provision of any help for solving and/or circumventing the abovementioned items is not deemed as acknowledgement that any such issues would constitute errors in our software or services.
- if you are granted access to a copy of WithSecure software for support resolution purposes; i) in the absence of specific license terms in the said software; all use of such software copies are subject to WithSecure end user license terms in the WithSecure commercial software you have installed on your device, or ii) in the absence of such installation; the end user license terms. You agree that except for the time-limited use of software for the purpose of solving your support problem, no other rights to software are granted to you.
- that all remote services and software are provided as-is and at your own risk. You acknowledge and understand that the support engineer providing you with support services is not familiar with interconnections, settings, or special applications on your device or all purposes to which your device is used for or for which the device is connected to.
- that any suggestion given by WithSecure, its affiliates or its support partner to resolve the issue is only indented for the support problem at hand and is not intended or offered as a generic advice for other purposes.
- not to hold WithSecure responsible or liable for any damages, compensations, fees or costs whether direct or indirect, consequential, incidental or otherwise and whether based on contract, tort or equity which may occur (e.g. for reasons of system reboot, data loss or corruption, system failure, unauthorized access or otherwise) and that — in the absence of wilful misconduct on its part — WithSecure (on behalf of itself, its affiliates, its subcontractors and their officers and employees) disclaim any liability for any damages incurred in connection with the usage of this service to the fullest extent allowed by law. For the avoidance of doubt; WithSecure or its affiliates are not liable for any negligent or wilful actions of its subcontractors undertaking the said support activities.
- that unless otherwise stated below, these terms shall be governed under the laws of Finland without regard to conflict of laws rules. The courts of Finland shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these terms. In the case of licenses purchased within or on behalf of licensees residing within the United States or operating under the laws of the United States the governing law of these terms shall be the laws of the State of California without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sale of Goods. In such cases, the exclusive jurisdiction and venue to adjudicate any dispute arising out of these terms shall be of the federal and state courts located in California. In respect of licenses purchased by consumers residing outside Finland or the United States, these terms may be governed by the mandatory local laws of such jurisdictions.
Please note that any use and access of WithSecure™ web pages are subject to the following terms.
The contents of WithSecure web pages are provided "as is" and "as available". No warranty of any kind, either express or implied, is made in relation to the availability, accuracy, reliability or content of these pages. To the extent permitted by law, WithSecure shall not be liable for any direct, indirect or consequential damages arising out of the use of or inability to use these pages.
This policy only addresses our activities from our servers. Our web sites contain links to other sites that are not under our control. We are not responsible for the content, commentary or applications of third-party web sites. We are providing these links only for convenience and the inclusion of these links does not imply endorsement by us of the linked web site.
The contents of WithSecure web pages are protected by international copyright laws. All rights are reserved. Reproduction, transfer, distribution or storage of part, or all of the contents, including but not limited to pictures, design format, logo, audio clips, video clips and HTML coding, in any form as well as any unauthorized reproduction, total or partial, of the texts, illustrations, design format or logo by any means whatsoever without the prior written permission of WithSecure is prohibited. We protect our intellectual property rights to the full extent of the law. 'WithSecure' and W/ -logo are registered trademarks of WithSecure Corporation. WithSecure product and technology names and WithSecure logos are either trademarks or registered trademarks of WithSecure Corporation. Other product names and logos referenced herein are trademarks or registered trademarks of their respective companies.
Security and privacy
WithSecure is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Information on our privacy practices can be found here.
Any bulletin messages, suggestions, ideas, bulletin board postings or concepts that are submitted to WithSecure via our web sites shall become non-exclusive property of WithSecure. WithSecure is not responsible for the confidentiality of any information communicated to our web pages. By communicating material to the WithSecure web site, you agree that WithSecure has the right to publish the material in products or publications for any purpose, including, but not limited to, product and/or service development, advertising and promotional purposes. You agree not to take action against us in relation to material that you submit. Any bulletin messages, suggestions, ideas, bulletin board postings or concepts ("material") that are submitted to WithSecure via Community website shall become, and remain the property of WithSecure.
These terms are not exhaustive and additional terms relating to certain contents, services or functionalities may exist. WithSecure reserves the right to modify the pages or deny access to them at any time. Amendments to this policy will be posted at this URL and will be effective when posted. Please visit us again for updates.