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Card Recon - End User License Agreement

All users of Ground Labs software are bound by the following End User License Agreement.

End User License Agreement

You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. Unless otherwise agreed in a writing signed by an authorized representative of Ground Labs, your use, installation, copying, distribution or transmission of the Software indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your use of the Software and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by Ground Labs. By downloading, installing or using this software or any portion thereof ("Ground Labs Software") you agree to be bound by the following terms of service as well as the terms found on our Legal Notices page at http://www.groundlabs.com/legal (together the .Terms of Service.). The Ground Labs Software, and any portion thereof, are referred to herein as the "Software."


1. USE OF SOFTWARE; RESTRICTIONS

Use of Software. For an individual end user, the Software is made available to and may be used by you only for your personal, non-commercial use according to these Terms of Service and the Software documentation. For a business entity end user or government entity end user, the Software may be used by you and your employees for internal use according to these Terms of Service and the Software documentation (individual, business, and government end users are collectively referred to as "You" herein). Restrictions. Except where you have been specifically licensed by Ground Labs to do so, you may not use the software for illegal or unethical reasons including data theft, data compromise, data mining, any act that would breach any Payment Card Industry Security Council standard (as published at http://www.pcisecuritystandards.org), any situation that would negatively impact the reputation of Ground Labs or the Software, any situation that would impact a cardholder or a merchant and their respective card acquirer or card issuer or card scheme, and any other situation that is not aligned with the purpose for which the Software is being offered in the context of improving security through knowledge and assisting PCI compliance to be achieved.


2. PRIVACY POLICY

As a condition of downloading and using the Software, you agree to the terms of the Ground Labs Privacy Policy at http://www.groundlabs.com/privacy which may be updated from time to time and without notice.


3. PROPRIETARY RIGHTS

a. Ground Labs. You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Ground Labs owns all right, title and interest in and to the Software, and software provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Ground Labs's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software. The content presented to you as part of the Software (the .Content.), is protected by Intellectual Property Rights which are owned by Ground Labs, its third party licensors and partners, and others who provide that Content to Ground Labs You may not, nor may you allow others to, copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Software, unless you have been specifically told that you may do so by Ground Labs or by the owners of that Content, in a separate agreement. Ground Labs and its licensors make no representations or warranties regarding the accuracy or completeness of this information.


4. EXPORT RESTRICTIONS

The Software is subject to United States export controls and you acknowledge the software is being delivered to you from the United States. By downloading the Software, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations ("EAR"), and sanctions programs, including those administered by the United States Treasury Department's Office of Foreign Assets Controls ("OFAC"), and all other applicable international trade regulations. You agree that you will not download or use the Software without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the Software, you represent and warrant that you are not a proscribed end-user or utilizing this software for a proscribed end use under these regulations.


5. COMPLIANCE WITH LAWS AND GROUND LABS POLICIES

You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software. You agree to comply with any applicable policies or guidelines that Ground Labs may make available from time to time in its sole discretion. By way of example, and not as a limitation, you agree that when using the Software, you will not:

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;

upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;

download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;

impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, Content or other material;

restrict or inhibit any other user from using and enjoying Ground Labs services;

use Ground Labs Software for any illegal or unauthorized purpose;

remove any copyright, trademark or other proprietary rights notices contained in or on Ground Labs Software;

submit content that falsely expresses or implies that such content is sponsored or endorsed by Ground Labs;

promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.


6. TERMINATION

You may terminate these Terms of Service at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from Ground Labs if you fail to comply with any provision of these Terms of Service. In such event, you must immediately delete the Software and all Content. To the maximum extent permitted by law, Ground Labs reserves the right to terminate this agreement and your use of the Software at any time and for any reason.


7. SURVIVAL

The provisions of Sections 3,4,5, 6, 7, 8, 9,10,11,12  and 13 shall survive any termination or expiration of these Terms and Conditions.


8. INDEMNITY

You agree to hold harmless and indemnify Ground Labs and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of these Terms of Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Ground Labs will provide you with written notice of such claim, suit or action.


9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROUND LABS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) GROUND LABS AND ITS LICENSORS MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GROUND LABS OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.


10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GROUND LABS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GROUND LABS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOFTWARE OR TO ACCESS CONTENT OR DATA; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL GROUND LABS OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF YOUR USE OR MISUSE OF THE SOFTWARE OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GROUND LABS AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF, INABILITY TO USE, OR RELIANCE ON THE SOFTWARE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE AND ANY THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.


11. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.


12. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms and Conditions.


13. MISCELLANEOUS PROVISIONS

a) Choice of Law and Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to the conflict of laws provisions of New South Wales or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
b) Waiver and Severability of Terms. The failure of Ground Labs to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
c) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
d) These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Ground Labs and/or a third party who make its software available in conjunction with or through the Software.

Card Recon Standard Edition - General Licensing Conditions

Annual licensing

Card Recon Standard Edition is offered as a one-year renewable license. Upon conclusion of the license period the software will cease to function until a subsequent license term has been purchased and a new license key issued.

The licensing period commences from the day Ground Labs has confirmed receipt of payment from the customer.

Support and Maintenance

Product updates are included throughout the term of the license. In addition licensed customers are provided with online technical support including online product documentation, FAQs and a help desk ticketing system for cases to be raised and responded to by Ground Labs support engineers.

Ground Labs does not levy separate Support and Maintenance charges in addition to the licensing fees.

Licensing restricted by host

A Card Recon Standard Edition license is required for each host where Card Recon Standard Edition is to be used. This may include desktops, servers, notebooks/laptops, physical hosts or logical virtual hosts. Customers are required to provide Ground Labs with a list of Hostnames or the Network Mac Addresses for each host requiring a license. This information is entered by the customer using the Ground Labs online customer support portal after a license has been purchased.

Customers may elect to provide host information at a later time after purchasing has been completed. This enables customers to purchase licenses in quantity without immediately requiring the details of each host to be licensed.

The Card Recon license file is issued for each order. For example if you have placed a single order for 100 host licenses, a single host file will be provided containing a list of the 100 hostnames and/or network MAC address(s). This enables easy distribution of licensing amongst hosts.

Where unallocated licenses are updated with host information, Ground Labs will issue a new license file for that order with the additional hosts.

Please note that circumvention of any conditions via technical or other means, constitutes a willful violation of copyright.

Updating licenses

Once a host has been added it cannot be deleted or changed. Where a customer has assigned all licenses purchased and then requires new hosts to be covered, additional licenses should be purchased. In addition where a host has changed its hostname or network MAC address a new license is required.

Customers who have purchased a license and have not yet submitted the required information for each host should login the Support area of the Ground Labs website using the credentials supplied at the time the original order was placed.

If you have trouble logging in please contact us for further assistance.

Delivery

Electronic Software Delivery, activated by means of a license key.

Refund Policy

Ground Labs does not provide refunds as a matter of standard practice. If you have a dispute or complaint or any other dissatisfaction regarding Ground Labs software please contact us via email or telephone. Ground Labs will endeavor to provide customer satisfaction including remediating any fault or issue presented within a reasonable time period.

If you are not clear on the benefits that Card Recon may provide your organization, we recommend you download and test Card Recon Free Edition before ordering. This is a simplified version of the product that allows prospective customers to make an informed decision regarding the value of Card Recon to their organization.

Card Recon Consultant Edition - General Licensing Conditions

Site license

All terms and conditions are identical to that of the Standard Edition with the following exceptions:

Licensee is not required to specify the host systems at time of license assignment.
There is no restriction on the quantity of hosts covered by the license.
Use of the software is restricted to host systems owned and operated by the entity to whom the license is assigned.

QSA license

All terms and conditions are identical to that of the Standard Edition with the following exceptions:

Licensee is not required to specify the host systems at time of license assignment.
There is no restriction on the quantity of hosts covered by the license.
Use of the software is restricted to the consultant specified at time of license issuance.
The software may be used on any host system under the direct supervision of the specified consultant for the purpose of a host system audit.
The software may not remain on the host system when not in the presence of the specified consultant and when not undergoing a host system audit.