END USER LICENCE AGREEMENT
This platform is operated and powered by Secureflag Ltd ("us" or "we").
Accordingly, this licence agreement ("Licence") is a legal agreement between you, the end-user (“you”) and us for the use of Secureflag software and services and any materials or documents made available by us through our platform (collectively referred to as the Service). The software which operates the Service or which we make available to you in connection with the Service is referred to in this agreement as the Software.
We licence use of the Service either directly to our clients or to clients via our authorised resellers (in either case, such party to be referred to as our “client” for the purposes of this Licence). The Service is licenced to our clients on an enterprise basis (on separate terms to these) and as the individual employed or otherwise engaged by our client, you are also granted a licence to use the Service on the terms of this Licence, as an end-user. This Licence shall not constitute an assignment, transfer or sale to you of the Software or Service or any underlying intellectual property rights. We or our licensors (as the case may be) remain the owners of the Software and Service at all times.
By using the Service, you agree that you will be bound by the terms of this Licence. If you do not agree to these terms, please do not use the Service. Please also note these terms may be amended from time to time and will be notified by posting new terms. In continuing to use the Service, you confirm that you accept the then current terms in full at the time you use the Service.
Licence
This Licence agreement sets out the terms under which you are granted a non-exclusive, non-transferable licence to use the Service provided that your employer has purchased a valid licence or subscription agreement for you to access the Service as an end-user. Please note a reference to “employer” in these terms refers our client - the organisation, firm or entity who employs you or with whom you work who has taken out a licence or subscription to the Service on an enterprise basis, even if you are not technically an employee of our client.
You are not licensed to use the Service if your employer does not have a valid licence or subscription agreement for you to access the Service as an end-user.
This Licence allows you to use the Service for internal business purposes only and may require you to register with us in order to access the Service. As part of the registration process, we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy Notice which can be seen here. You are not entitled to allow any other person to use or borrow your log-in details or password.
OWASP Subscriptions
If you are an OWASP member who has signed up for access to a reserved instance of the Software using the link at https://www.secureflag.com/owasp (“OWASP Subscription”), your Licence will be restricted in the following ways:
There will be an annual limit on the number of labs you are permitted to run using the Service.
You will be provided access to the user interface but will not be permitted access to the management interface used for metrics, reports and to assign activities.
The Licence term and applicable fees for your OWASP Subscription are as confirmed to you at the time of your subscription, unless we agree otherwise.
OWASP Subscriptions are strictly for use by individual users only and cannot be used or promoted by organisations for commercial purposes.
Restrictions
Except as expressly set out in this Licence or as permitted by any local law, you undertake not to:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or Software in any form or media or by any means;
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service or Software;
access all or any part of Service or Software in order to build a product or service which competes with the Service;
provide the Service to third parties other than in the context of allowing use by the authorised end users;
license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the Service available to any third party except the authorised end users;
make available in any way for the use or benefit of any unauthorised party, any information, materials, software, or other proprietary information received from us, in whole or in part, unless we agree in writing;
unless we otherwise agree remove, deface, obscure, or alter our or any third party's copyright notices, trademarks or other proprietary rights notices affixed to or provided as part of the Service;
modify, incorporate into or use the Service or Software with other software, or create a derivative work;
use any robot, spider, scraper, or other automated means to access the Service or Software for any purpose without our written consent; or
attempt to obtain, or assist third parties in obtaining, access to the Service other than in accordance with these terms.
If we have reasonable grounds to believe you are in breach of these Licence terms, we reserve the right at our discretion and without notice to take such action as we deem necessary including removing any content from the Service and terminating your registration.
Intellectual property rightsYou acknowledge that all intellectual property rights in the Software and Service throughout the world belong to us or our licensors (as the case may be), that rights in the Service are licensed (not sold) to you and that you have no rights in, or to, the Software or Service other than the right to use them in accordance with the terms of this Licence.
Except where source code is provided, you acknowledge that you have no right to have access to the Software in source code form, in unlocked coding or with comments.
You agree to comply with the terms of any third party end-user licence agreement to the extent that we incorporate third party elements into the Service and communicate these terms to you prior to the commencement of your subscription.
You acknowledge and agree the Service may include links to other external websites or materials. We are not responsible for content on any site outside the Service so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable or otherwise be responsible in any way in relation to this.
Cancellation and Termination
If you have registered an account with us but wish to cancel it, please notify us and we will delete your registration.
If you cease to be employed or engaged by the employer who has taken out a subscription for the Service on an enterprise basis for you, your relationship with the employer comes to an end or if the subscription taken out is terminated or otherwise comes to an end, then you will no longer be entitled to access the Service. We will not be liable for any loss of data you have uploaded to the Service platform in that event.
Liability
You acknowledge that the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements.
We will operate the Service with the reasonable skill and care of an online service provider however we cannot guarantee the Service will be available at all times or be error free. From time to time it may also be necessary to suspend access to the Service for a period of time and any such interruptions shall not constitute a breach by us of these terms.
We will use reasonable endeavours to ensure that the Service operates within applicable regulatory requirements as reported to us, but we will not be responsible for or liable for any regulatory requirements or obligations. We are not in a position to evaluate risks associated with your use of the Service for regulatory compliance. Accordingly if you propose to use the Service to comply with your regulatory obligations it is your responsibility to ensure that it meets such requirements.
We will not be liable for any losses arising from the integration of the Service with any other software or systems used by you.
We shall not under any circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for any:
loss of profits;
loss of revenue;
loss of anticipated savings;
loss of business opportunity;
loss of goodwill;
loss or corruption of data;
indirect or consequential losses.
Nothing in this Licence shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot be excluded or limited by English law.
This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Service.
Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Service which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
General
You shall comply with all foreign and local laws and regulations which apply to your use of the Service in whatever country you are physically located.
We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
A person who is not a party to this Licence or a permitted assignee has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Licence.
If you breach these terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
EULA v1.3 - Updated January 2023