EVALUATION LICENSE AGREEMENT
securiCAD Community Edition – 2018Q3
Foreseeti AB, reg.no. 556977-7625, Sveavägen 166, 113 46 Stockholm, (”Licensor”) support companies to manage cyber security architectures through the use of the software program securiCAD. securiCAD is an analysis tool that, among other things, help companies understand their current cyber security posture, prioritise areas to address and proactively manage cyber security architectures.
securiCAD Community Edition is a limited version of securiCAD. The purpose of distributing the Community Edition version is to enable potential customers to evaluate the tool, and to get user feedback to further improve Foreseeti AB’s solutions and business.
In this Agreement the following terms shall have the meaning set forth below:
”Agreement” means this document.
”Product Documentation” means Licensor’s standard or limited user manual for the Software valid from time to time which may be distributed to the Licensee if any.
”Software” means the software called securiCAD Community Edition, and including the Product Documentation (if any). securiCAD Community Edition includes both a desktop software (for modelling etc.) that is installed and run on Licensees machine and a cloud-based Simulation Service (for simulation, analysis etc.) that is running on a cloud infrastructure.
3. LIMITED SCOPE OF LICENSE, LIMITATION OF USERS
Licensor hereby grants to Licensee a non-exclusive license to use the Software free of charge for evaluation purposes, i.e. the use is limited to using the Software in order to evaluate the Software. The Software may not be used for any other purpose. Further, the Software shall not be used with sensitive data, as now warranties are provided as stated in paragraph 4 below. The right to use the Software is limited to until 2019-09-30. The Software may, unless agreed in writing by Licensor only be used by the individual(s) to which it was made available by Licensor. Licensor has the right to contact Licensee and to ask for user feedback. This agreement may be terminated at any time by any of the parties.
4. NO WARRANTY
Licensor makes no warranties, express or implied, regarding the Software, including without limitation its quality, freedom from defects, performance, merchantability or suitability for any particular purpose.
5. OWNERSHIP AND INFRINGEMENT
5.1 Licensor makes no warranties, express or implied, regarding the Software, including without limitation its quality, freedom from defects, performance, merchantability or suitability for any particular purpose.
5.2 If infringement of any intellectual property rights resulting from the use by Licensee of the Software is finally found to exist Licensor may at its option and at its expense either (i) procure the right for Licensee to continue using the Software, (ii) replace the infringing part thereof with non-infringing software, or (iii) terminate the license. This Section 5 exhaustively sets forth Licensor’s obligations in case of claims of infringement of third party rights.
6. FORCE MAJEURE
A Party shall be excused from performance of its obligations under the Agreement if performance is prevented due to circumstances outside the Party’s control (“force majeure”). Performance shall be resumed as soon as the force majeure event ceases to affect performance. Force majeure shall include war, terrorist attacks, orders by public authorities, new or amended legislation, industrial action and natural disasters and other circumstances outside the affected Party’s control. A Party whose performance is affected by an event of force majeure shall notify the other Party in writing thereof without delay, failing which its right to be excused from performance shall be barred.
7. CONSEQUENCES OF TERMINATION
When the Agreement expires or is terminated, Licensee shall upon request from Licensor immediately deliver all copies of the Software to Licensor, ensure that all other documentation and materials pertaining to the Software are destroyed and confirm in writing that no materials pertaining to the Software remain in its possession. For avoidance of doubt; Licensee may still keep the analysis output that has been produced by using the tool during the evaluation, such as prints of the modelled architecture and analysis output.
8.1 Any notices required or permitted under this Agreement shall be made in writing and delivered by hand or sent by registered mail or by e-mail to the addresses set forth initially or subsequently notified.
8.2 Notices shall be deemed given;
a) upon delivery in case of delivery by hand;
b) two calendar days after dispatch in the case of registered mail; and
c) the first working day in Sweden after the day of transmission in the case of notices by e-mail.
9. GOVERNING LAW, DISPUTES
9.1 This Agreement shall be governed by and construed in accordance with Swedish substantive law.
9.2 Any dispute concerning or arising out of this Agreement shall be finally resolved by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “Institute”). The Rules for Expedited Arbitrations of the Institute shall apply. Arbitral proceedings shall take place in Stockholm.
9.3 The Parties undertake and agree that arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings.
securiCAD Community Edition – 2018Q3
Foreseeti AB asks you for the following information when you download SecuriCAD Community edition:
– Your name
– Your email address
– Your organisation
– Your role in your organisation
– Reason for interest
We do this because we need to administer the information for the agreement you sign, and because we may contact you for marketing and business purposes. If you do not wish to be contacted for marketing and business purposes, please send a mail to firstname.lastname@example.org, or tell us when we contact you by following the “unsubscribe” link in the first email you receive from us.
In addition to this, Foreseeti AB also logs the following information about your use of securiCAD Community Edition:
– When the server part of securiCAD Community Edition is used. For the avoidance of doubt; the server part is used for calculation/simulation and presentation of calculation/simulation results.
– Data on the models sent to the server part of securiCAD Community Edition.
We do this because we need to better understand how often securiCAD is used by users, and how it is used so that we can improve our business and software.
Your data will reside in a public cloud infrastructure at Amazon Web Services in Germany.
We will delete all your personal information within three months after the end of your license or if you choose to end the license agreement in advance.
The legal basis for this treatment is that we need to process data to fulfill our contractual obligations towards you and pursue legitimate interests that Foreseeti AB as a company has.
Some things we do not do: Your confidentiality is important to us. Among many other things we will not do with your data we would particularly highlight that we neither do nor will share your data with any third party.
For further information on how your information is used, how we maintain the security of your information and your rights to access the information we hold on you, please email us.