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  • Qualys® BrowserCheck User Agreement
  • YOU MUST READ THE TERMS AND CONDITIONS OF THIS QUALYS BROWSERCHECK USER AGREEMENT ("AGREEMENT") BEFORE APPLYING FOR, ENROLLING FOR, OR USING THE QUALYS BROWSERCHECK SERVICE ("SERVICE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ENROLL FOR, OR USE THE SERVICE. BY CLICKING "ACCEPT" BELOW OR BY USING THE SERVICE, YOU AGREE TO BECOME A PARTY TO, AND BE BOUND BY, THE TERMS OF THIS AGREEMENT. BY CLICKING "DECLINE" BELOW, YOU INDICATE THAT YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND THE SERVICE WILL NOT BE ENALBED ON YOUR COMPUTER OR SYSTEM.


    This Qualys BrowserCheck User Agreement, sets forth an agreement (the "Agreement") between You ("End-User"), and Qualys, Inc., a Delaware corporation ("Qualys"), for a access to the BrowserCheck Service (the "Service"). End-User's agreement to the terms of this Agreement is required prior to, and is a condition to, use of the Service, unless End-User entered into a written agreement with Qualys and/or an authorized Qualys Reseller or Qualys Partner (collectively, "Authorized Reseller") and such written agreement contains terms governing use of and access to the Service.

  • 1. Use of Service
  • Upon End-User's acceptance of this Agreement, subject to End-User's compliance with the terms and conditions of this Agreement, End-User will be entitled to use the Service solely to scan the applicable equipment or IP address identified by End-User, using Qualys' BrowserCheck scan tool described below, for those vulnerabilities contained within the Service's vulnerability database. Qualys will automatically provide End-User with the results of such scans, including a report summarizing Qualys' findings regarding the device identified by End-User for scanning (the "Reports").
  • 2. Grant of License
  • Subject to the terms and conditions of this Agreement, Qualys hereby grants to End-User a non-transferable, non-exclusive, royalty-free right and license to use the Qualys BrowserCheck ("Plugin") accompanying this Service on equipment under your exclusive control and solely to: (i) scan computers, servers, and related equipment; (ii) review the Report produced through scans by the Service for the purpose of vulnerability assessment with regard to the device or applicable equipment; and (iii) use the recommended solutions to remediate the issues discovered and rescan the same equipment as necessary. The term Browser Check Tool or Plugin means the original object code version of the Qualys plug-in, data, machine-readable instructions, its components and related licensed materials all whole or partial copies thereof.
  • 3. Restrictions
  • End-User's use of the Service is subject to the following restrictions and End-User hereby covenants as follows: (a) End-User may use the Service only to scan the IP addresses or a device owned by and registered to End-User, or for which End-User otherwise has the full right, power, and authority to consent to scan. (b) End-User may not use the Service except for the limited purpose of accessing the Service's user interface and reviewing, solely for End-User's own internal business purposes, or as requested by a third-party, only such vulnerability test results as set forth in the report of scans provided by Qualys (the "Reports"). (c) End-User agrees not to reverse engineer, decompile, or disassemble any software or that provides or enables the Service (including the Plugin described above), or otherwise attempt to derive the processes by which the Service is provided or the Report is generated, except to the extent the foregoing restriction is expressly prohibited by applicable law. (d) Upon termination or expiration of the Service, End-User must cease all use of the Service, including any downloads of the Report.
  • 4. Ownership and Confidentiality
  • All intellectual proprietary rights now known or hereafter recognized in any jurisdiction in and to the Service and the Reports are owned by Qualys and its licensors. End-User agrees to make no claim of interest therein or ownership thereto. End-User further acknowledges that the Service's structure, organization, and code are the valuable trade secrets of Qualys and/or its licensors, and all data and information contained within the Service or the Reports (excluding individual factual data gathered form the End-User's network IP addresses) are confidential information of Qualys. End User agrees to keep such information in confidence and not to disclose it to any third parties. End-User may not access, use or refer to any such information except for the limited purpose of generating Reports for IP addresses for which the End-User has requested scans, and using such Reports for internal business purposes, solely for the purpose of vulnerability assessment with regard to the relevant IP address.
  • 5. IP Address Indemnity
  • (a) End-User represents and warrants that End-User has full right, power, and authority to consent to have the Service scan for vulnerabilities on the IP address or device identified to Qualys for scanning, whether electronically or by any other means thereafter. End-User will indemnify and hold harmless Qualys, 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 End-User's use of or inability to use the Service, including any claim resulting from End-User's breach of this Section 5. (b) End-User also acknowledges and agrees that the scanning of such IP address or device may expose vulnerabilities and in some circumstances could result in the disruption of services. Certain optional features of the Service, including exploitive scans, involve substantial risk of Denial of Service (DOS) attacks, loss of service, hardware failure and loss or corruption of data. Consequently, End-User assumes the risk for all damages, losses and expenses resulting from use of the Service.
  • 6. Beta Products
  • Qualys may designate certain new or enhanced products or features within the Service as "Beta Products" that are available for use or testing by End-User. Such Beta Products will not be ready for use in a production environment nor does Qualys recommend the Beta Products be used in a production environment. At this early stage of development, operation of the Beta Products may be unpredictable and lead to erroneous results. End-User acknowledges and agrees that: (i) the Beta Products are experimental and have not been fully tested; (ii) the Beta Products may not meet End-User's requirements; (iii) the use or operation of the Beta Products may not be uninterrupted or error free; (iv) use of the Beta Products is for purposes of evaluating and testing the product and providing feedback to Qualys; (v) End-User shall inform its personnel regarding the nature of the Beta Products; and (vi) End-User will hold all information relating to the Beta Products and its use of the Beta Services, including any performance measurements and other data relating to the Beta Products, in strict confidence and shall not disclose such information to any unauthorized third parties. Use of the Beta Products shall be subject to all of the terms and conditions set forth herein relating to the Service. End-User shall promptly report any errors, defects, or other deficiencies in the Beta Products to Qualys. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ALL BETA PRODUCTS ARE PROVIDED "AS-IS" AND "AS-AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. End-User hereby waives any and all claims, now known or later discovered, that End-User may have against Qualys and its suppliers/licensors arising out of your use of the Beta Products.
  • 7. Ownership
  • As between the parties, all title, copyrights, trademarks, service marks, patents, patent applications and all other intellectual proprietary rights now known or hereafter recognized in any jurisdiction in and to the Service, the Report, the Plugin, and in each case all software embedded therein or related thereto, all data and information contained therein (excluding individual factual data gathered from the End-User's IP addresses)(the "Intellectual Property Rights") are owned by Qualys and/or its licensors, and End-User agrees to make no claim of interest in or ownership of any such Intellectual Property Rights. End-User further acknowledges that the structure, organization, and code of all software embedded in or related to the Service are the valuable trade secrets of Qualys and/or its licensors. End-User acknowledges that no title to the Intellectual Property Rights in the Service or the Report is transferred to End-User, and that End-User does not obtain any rights, express or implied, in the Service or the Report, including any information contained within the Report, other than the rights expressly granted in this Agreement.
  • 8. Confidentiality
  • Each party agrees to keep in confidence and not to disclose to third parties any confidential or proprietary information it receives from the other party hereunder ("Confidential Information"), nor to use such Confidential Information for any purpose other than as expressly set forth in this Agreement. To be accorded treatment as Confidential Information under this Agreement, the disclosing party must identify any such information as confidential or proprietary at the time of disclosure. Information that is already in the public domain through no fault of the receiving party, or was already known to the receiving party through no breach of a confidentiality obligation to the disclosing party, shall not be treated as Confidential Information hereunder. Notwithstanding the marking requirement, all data regarding End-User's IP addresses or network characteristics (including data that Qualys obtains as a result of its provision of the Service hereunder) will be deemed Confidential Information of the End-User. Notwithstanding the marking requirement, all data and information contained within the Service or the Report (excluding End-User's Confidential Information) will be deemed Confidential Information of Qualys. End-User may not access, use or refer to any information or data contained within the Service or the Report except for the limited purpose of vulnerability management or policy compliance with regard to the IP addresses for which End-User has identified for scanning. Nothing in this Agreement shall prohibit Qualys from using aggregated data of all Service users in any format for any purpose, provided that such data cannot be identified to or associated with End-User.
  • 9. Warranty Disclaimer
  • THE SERVICE (INCLUDING THE AGENT) AND ANY REPORTS ARE BEING PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND QUALYS, ITS AUTHORIZED RESELLERS, PARTNERS AND SPONSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. Without limiting the foregoing, Qualys makes no warranty that the Service (including the Plugin) will be error-free, complete, free from interruption or failure, or absolutely secure from unauthorized access, or that the Service will detect every vulnerability on End-User's computer, device, or system. Qualys does not warrant that the Service (including the Plugin) or the Report provide an indication that End-User's system or equipment is secure.
  • 10. Limitation of Liability
  • THIS SERVICE (INCLUDING THE AGENT) IS BEING PROVIDED TO END-USER FREE OF CHARGE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL QUALYS, ITS SUCCESSORS, ASSIGNS, CUSTOMERS, OR AUTHORIZED RESELLERS, BE LIABLE TO END-USER UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF DATA, APPLICATION OR EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF END-USER'S USE OR INABILITY TO USE THE SERVICE, EVEN IF QUALYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QUALYS, ITS CUSTOMER,' AND ITS AUTHORIZED RESELLERS' TOTAL LIABILITY TO END-USER FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED $100.
  • 11. Indemnification
  • Qualys will defend, indemnify and hold harmless End-User from and against any and all claims, losses, liabilities, damages and expenses (including, without limitation, reasonable attorneys' fees) arising from any claim brought against End-User by a third party alleging that the Service, API or Reports infringe or misappropriate a third party's intellectual property or proprietary rights, provided that End-User grants Qualys sole control over defense or settlement of such claim and cooperates reasonably in the defense or settlement of such claim. If End-User's use of the Service, API or Reports is enjoined as a result of such a claim of infringement, or if Qualys determines that it is likely to be so enjoined, Qualys will, at its option, (a) procure for End-User the right to continue using the item in accordance with its rights under this Agreement, (b) replace or modify the item with a substantially equivalent non-infringing item; or (c) terminate this Agreement and refund to End-User a pro-rata portion of the amounts paid by End-User hereunder in connection with the Agreement based on the unexpired portion of the Subscription at the time of such termination. This Section 11 states Qualys' sole liability and End-User's sole and exclusive remedy for a claim of infringement related to the Service, Hardware, API or Reports.
  • 12. U.S. Government Users
  • The software and accompanying documentation embedded in or related to the Service are "commercial items," as such terms are defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government entities acquiring the use of such software and accompanying documentation shall have only those rights set forth herein.
  • 13. United States Export Restrictions
  • End-User may not download, export, or re-export any software or technical data received hereunder, including software regardless of the manner in which received, (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Service, End-User is representing and warranting that End-User is not located in, under the control of, or a national or resident of any such country or on any such list.
  • 14. General
  • End-User agrees to comply with all applicable laws in its use of the Service, including all applicable export control laws. This Agreement is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any dispute between End-User and Qualys regarding this Agreement will be subject to the exclusive jurisdiction of the state and federal courts in Santa Clara County in the State of California. This Agreement is the entire agreement between End-User and Qualys and supersedes any other communications or advertising with respect to the Service and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision of this Agreement shall be deemed waived or modified except in a writing signed by an authorized representative of Qualys. There are no implied licenses hereunder. End-User may not assign this Agreement without the prior written consent of Qualys.