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Enterprise Recon - Licence Agreement

All users of Enterprise Recon are bound by the following End User Licence Agreement.

End User Licence 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 authorised representative of Ground Labs, your use, installation, copying, distribution or transmission of the Software indicates your acceptance of this agreement ("Licence"). You understand and agree that the terms and conditions of this Licence 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 licenced 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, licence, 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 unauthorised 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) UNAUTHORISED 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 Republic of Singapore, without giving effect to the conflict of laws provisions of Singapore 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.

Enterprise Recon - Additional Licence Information

Subscription Licence

Enterprise Recon is a subscription licence that is valid for an agreed term. The default subscription term is 12 months unless otherwise specified on a quotation or invoice issued by Ground Labs or its authorised partner. Upon conclusion of the licence period the software will cease to function until a subsequent licence term has been purchased and a new licence key issued. The licencing period commences from the day Ground Labs has confirms the licence is available for download via the Ground Labs online customer portal.

Any unused portion of the licence during the subscription term is forfeited and can not be rolled over into subsequent terms.

Support and Maintenance

Product updates are included throughout the term of the licence. In addition licenced 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 licencing fees.

Licencing restricted by concurrent hosts registered with the Enterprise Recon Master Hub

An Enterprise Recon Master Hub licence is required and will determine the maximum number of Enterprise Recon Node Agents that can communicate with the Master Hub. A licence key file may only be used for one instance of a Master Hub Server and a network MAC address or local hostname must be provided before a licence key can be issued for a given Master Hub. This information is entered by the customer using the Ground Labs online customer support portal after a licence has been purchased. Additional Master Hub servers require additional licence keys to be purchased from Ground Labs.

Node Agents may be deployed on desktops, servers, notebooks/laptops, physical hosts or logical virtual hosts provided such hosts are running a supported operating system.

A single Enterprise Recon licence file is issued for each order. For example if you have placed a single order for a 100 host Enterprise Recon licence, a single Enterprise Recon licence file will be generated to authorise 100 Node Agents to connect to a single Master Hub. The licence file will be restricted for use on a Master Hub Server which matches the computer hostname and/or network MAC address which was entered via the Ground Labs online customer portal prior to the licence key being downloaded.

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

Delivery

Electronic Software Delivery, activated by means of a licence 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 60 day time period.

Card Recon Standard Edition - Licence Agreement

All users of Card Recon Standard Edition are bound by the following End User Licence Agreement.

End User Licence 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 authorised representative of Ground Labs, your use, installation, copying, distribution or transmission of the Software indicates your acceptance of this agreement ("Licence"). You understand and agree that the terms and conditions of this Licence 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 licenced 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, licence, 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 unauthorised 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) UNAUTHORISED 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 Republic of Singapore, without giving effect to the conflict of laws provisions of Singapore 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 - Additional Licence Information

Subscription licence

Card Recon Standard Edition is a subscription licence that is valid for an agreed term. The default subscription term is 12 months unless otherwise specified on a quotation or invoice issued by Ground Labs or its authorised partner. Upon conclusion of the licence period the software will cease to function until a subsequent licence term has been purchased and a new licence key issued. The licencing period commences from the day Ground Labs has confirms the licence is available for download via the Ground Labs online customer portal.

Any unused portion of the licence during the subscription term is forfeited and can not be rolled over into subsequent terms.

Support and Maintenance

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

Licencing restricted by host

A Card Recon Standard Edition licence 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 licence. This information is entered by the customer using the Ground Labs online customer support portal after a licence has been purchased.

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

The Card Recon licence file is issued for each order. For example if you have placed a single order for 100 host licences, 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 licencing amongst hosts.

Where unallocated licences are updated with host information, Ground Labs will issue a new licence 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 licences

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

Customers who have purchased a licence 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 licence key.

Refund Policy

If you are not clear on the benefits that Card Recon may provide your organisation, 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 organisation.

Card Recon Consultant Edition - Licence Agreement

All users of Card Recon Consultant Edition are bound by the following End User Licence Agreement:

End User Licence Agreement

Card Recon Consultant Version 

Terms and Conditions of Use 

It is important that the Licensee reads these terms carefully. This is a Software Licence Agreement for a Software Product protected by copyright and other intellectual property laws both nationally and internationally. All rights not expressly granted in this Agreement are owned by Ground Labs Pte Ltd (hereinafter referred to as 'Ground Labs'). 

This Agreement is to apply in two situations, namely to licence: 

(i)  a single individual in sole professional practice having the status of a Qualified Security Assessor (hereinafter referred to as 'QSA'); or 

(ii) a partnership, corporation or other business entity in which individuals have the status of QSAs. 

Hereinafter, either the single individual or business entity shall be referred to as 'the Licensee'. 

The grant of the Licence will either result from a direct negotiation between the prospective Licensee and Ground Labs, or a Purchase Order for a Licence will be transmitted to Ground Labs by a reseller, partner or other authorised agent. 

This Software Licence Agreement shall represent a binding legal agreement between the Licensee and Ground Labs. To enter into this Agreement, the individual or an authorised representative of the business entity to be licenced shall e-mail Ground Labs Pte Ltd or its authorised reseller or partner confirming: 

(i)   the individual's or business entity's identity; 

(ii)  that all relevant individuals, whether as a sole practitioner, employees or members, hold the status of QSAs; and 

(iii) unconditional willingness to be bound by the terms of this Agreement. 

The authorised representative of the business entity must also indicate the number of consultants to be covered by the Licence and the prospective Licensee must pay the current fixed fee per QSA specified in a quotation or invoice issued by Ground Labs or its authorised reseller or partner. This quotation or invoice shall specify the term of the Licence that may be acquired, whether quarterly, half-yearly, annual or otherwise. 

1. Term 

1.1 The Term of this Agreement shall commence on the date the Licensor sends an e-mail to the Licensee, accepting the offer to enter into this Agreement and confirming the grant of the Licence for a fixed renewable Term under clause 2 below. The Licence shall continue in force, being renewed automatically upon payment of the requisite fee, unless revoked or terminated under clause 11 below. 

2. Grant of the Licence 

2.1 In consideration of the Licensee's promise to comply with the duties and obligations set out in this Agreement and the payment of the fee, the Licensor grants the Licensee a non-exclusive, non-transferable, revocable licence to use the downloaded software (hereinafter referred to as the "Software Product") and the associated media which may include both printed and online or electronic documentation (hereinafter referred to as the "Documentation") the whole being referred to as the "Licenced Product". 

2.2 In the event the Licensee is a business entity, it shall have the power to sublicence the nominated QSAs who are authorised to use the Licenced Product.  

2.3.1 For the avoidance of doubt, the Licensee does not have the rights to: 

(i) modify the software to add functionality or change the way in which the Licenced Product works; 

(ii) reverse engineer, disassemble or make any other form of attempts to access the source code of the Licenced Product; 

(iii) create any derivative works based on the Licenced Product without the written permission of Ground Labs; or 

(iv) sublicence the use of the Software Product to any third party not authorised by the Licence. 

3. The Licensee's Express Representation 

The Licensee formally represents that the individuals to be licenced are QSAs, validated by the Payment Card Industry Security Standards Council, and so entitled to audit third party organisations and their computer systems to determine whether they are in compliance with the Payment Card Industry Data Security Standard (PCI DSS) or any other related standards managed by the PCI Security Standards Council. 

4. Scope of the Licence 

The Licensee may download, install, access and use one copy of the Software Product and authorisation keys for every nominated QSA, including any modifications or upgrades supplied by the Licensor, on a single computer. Once downloaded, the Licensee may use the copies of the Software Product on different third party computers for auditing purposes. If the Software Product is to be transferred to other computers, it is a condition of this Agreement that one or more sublicenced QSAs remain present and in control of the third party machine(s) during the time the Software Product is in use. Once the use is complete, the nominated and sublicenced QSAs shall delete the Software Product and the authorisation key file from the third party machine(s). The Licensee formally acknowledges that breach of this condition shall entitle the Licensor to recover from the Licensee all licence fees lost through the unauthorised distribution of the Licenced Product both to third party clients and by the Licensee's third party clients. 

5. The Licensee's Duties 

5.1 During the term of this licence, the Licensee shall not: 

(i) share the Software Product with any other member of the business organisation or any other person who works with or for the Licensee who is not nominated in the Licence; 

(ii) allow any client or other third party whose computer the Licensee is accessing for auditing purposes to make a copy of the Software Product or the authorisation key file; 

(iii) take reasonable care to ensure that copies of the Software Product are not distributed to any other third party without the payment of a licence fee; 

(iv) remove or destroy any trademark or copyright markings placed on or contained in the source code, object code, Documentation or the Licenced Product generally; 

(v) take reasonable care to maintain strict confidentiality on the Licenced Product, all trade secrets, know-how and other proprietary information belonging to the Licensor. 

5.2 In the event the Licensee is a business entity, it shall immediately notify the Licensor if there is to be any change in the number of QSAs licenced to use the Software Product, giving details of any individual who is to cease holding a sublicence and/or of any new individual who is to hold a sublicence. If an individual is to be added to a Licence during the year, a pro rata fee shall be paid to cover the grant of the sublicence for the remaining months until renewal of the Licence. 

6. Ownership of Intellectual Property Rights 

The Licensor shall at all times retain the sole and exclusive ownership of the Licenced Product and all associated Intellectual Property Rights. The Licensee hereby agrees not to assert any rights as against the Licensor with respect to any content or materials developed by it. The Licensee will not acquire any rights of any kind to use any trademark, trade name, logo or other design owned by the Licensor except as expressly authorised in writing by the Licensor. 

7. Indemnity 

The Licensee agrees to indemnify and hold harmless the Licensor from: 

(i) any and all liability of any kind or nature whatsoever to clients and third parties which may arise from acts or omissions in respect of any unauthorised use of the Licenced Product; and 

(ii) any liability arising in connection with any unauthorised representation or any misrepresentation of fact made by the Licensee, his agents or employees to any third party with respect to the Licenced Product. 

8. Limited Warranty 

During the term of this Agreement, the Licensor warrants that the Licenced Product will operate in reasonable conformity to the Licensor's specifications. The Licensor does not warrant that the Licenced Product or any portion thereof is error-free. The Licensee's exclusive remedy, and the Licensor's entire liability in tort, contract or otherwise for any nonconformity under this Section shall 
be the correction of the nonconformity. 

9. Disclaimer 

Except for the express limited warranty provided in Section 8, the Licenced Product is provided "as is" without any warranty whatsoever. The Licensor disclaims all warranties, express, implied or statutory, as to any matter whatsoever, including all implied warranties of merchantability and fitness for a particular purpose. The Licensor disclaims any warranty or representation to any person other than the Licensee with respect to the Licenced Product. The Licensee shall not make or pass through any such warranty on behalf of the Licensor to any clients or any other third party. Similarly, the Licensee shall take all measures necessary to ensure that agents and employees also do not make or pass through such warranties. 

10. Limitation of Liability 

In no event shall the Licensor be liable to the Licensee (or to any person claiming rights derived from the Licensee) for indirect, incidental, special, consequential or exemplary damages arising out of or related to the transactions contemplated under this Agreement, including but not limited to lost profits, business interruption or loss of business information, even if the Licensor has been advised of the possibility of such damages. 

11. Revocation and Termination 

11.1 The Licence granted under Section 2 shall be effective as of the date of the e-mail of acceptance sent by the Licensor and shall continue in full force and effect unless the Licensor shall revoke the licence. Revocation may be without notice for cause. 

11.2 The Licensee shall be entitled to terminate all the licence rights granted by this Agreement at any time on written notice to the Licensor in the event of a default by the Licensor and a failure to cure such default within a period of sixty days following receipt of written notice specifying that a default has occurred or, if any such default is incapable of being cured within such period, a failure within such sixty-day period to commence and diligently pursue a cure; provided, however, that in no event shall the Licensor have more than sixty days after receipt of written notice of a default to cure such default. 

12. Insolvency 

In the event that either Party is adjudged insolvent or bankrupt, or upon the institution of any proceedings by or against either Party seeking relief, reorganisation or arrangement under any laws relating to insolvency, or upon any assignment for the benefit of creditors, or upon the appointment of a receiver, liquidator or trustee of any of either party's property or assets, or upon the liquidation, dissolution or winding up of either party's business, then and in any such events, all the licence rights granted pursuant to this Agreement may immediately be terminated by the other Party upon giving written notice. 

13. Disposition of the Software and User Manuals on Termination 

Upon the revocation or termination of the licence granted by Section 2, the remaining provisions of this Agreement shall remain in full force and effect, and the Licensee shall cease using the Licenced Product. The Licensee shall immediately destroy all copies of the Licenced Product and all information and documentation provided by the Licensor to the Licensee including all know-how. 

14. Assignment 

This Agreement shall not be assignable by the Licensee, by operation of law or otherwise, without the prior written consent of the Licensor, which consent shall not be unreasonably withheld.

15. Severability 

If any provision or term of this Agreement is found by any arbitrator or court of competent jurisdiction to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or term or part shall to that extent be deemed not to form part of this Agreement so that the remainder of this Agreement shall otherwise remain in full force and enforceable. 

16. Survival 

All individual clauses and terms, which by their nature should survive, will survive the termination of this Agreement. 

17. Whole agreement 

This Agreement contains the entire understanding between the Parties in connection with the subject matter and it supercedes or replaces any and all prior negotiations, agreements, and/or representations, whether oral or written, between the Parties.  

18. Governing law 

This Agreement shall be governed by and interpreted under the substantive and procedural laws of the Republic of Singapore and, on a non-exclusive basis, the Parties agree submit to the jurisdiction of the courts located in Singapore, acknowledging that those courts constitute the most convenient forum for the resolution of all claims by the Licensee against the Licensor. But the Parties also accept that it is more convenient for all claims against the Licensee, whether for emergency relief by way of injunction or for money damages following the release of unauthorised copies of the Software Package and/or the authorisation key file to the Licensee's clients, to be heard in the courts of the jurisdiction in which the Licensee is resident.

To download a PDF version of this agreement please click here

Card Recon Consultant Edition - Additional Licence Information

QSAs are bound by strict conditions when using a Consultant Licence

QSAs must read the terms and conditions of the Consultant Licence and ensure they remain in compliance. These conditions include:

Use of the software is restricted to the consultant name specified in the licence key file
Licences may not be shared in anyway including with other QSAs
The software may be used on any host system under the direct supervision of the specified QSA for the purpose of a performing a sample audit
The software must immediately be removed from a system once a scan has been completed
Sub-licencing, copying, loaning, or relinquishing control of the licence to 3rd parties including customers is a violation of the licence terms
Unauthorised use of Consultant Edition licences will be identified and serious action will be taken against offending parties.

Subscription Licence

Card Recon Consultant Edition is a subscription licence that is valid for an agreed term. The default subscription term is 12 months unless otherwise specified on a quotation or invoice issued by Ground Labs or its authorised partner. Upon conclusion of the licence period the software will cease to function until a subsequent licence term has been purchased and a new licence key issued. The licencing period commences from the day Ground Labs has confirms the licence is available for download via the Ground Labs online customer portal.

Any unused portion of the licence during the subscription term is forfeited and can not be rolled over into subsequent terms.

Support and Maintenance

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

Delivery

Electronic Software Delivery, activated by means of a licence 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 endeavour to provide customer satisfaction including remediating any fault or issue presented within a 60 day period.