EULA

This end user license agreement (the "EULA") sets out the terms and conditions governing your access to or use of the Cybersecurity Tools and is entered into between you ("you", "your") and VikingCloud ("we", "us", "our").

READ THIS EULA CAREFULLY BEFORE USING ANY CYBERSECURITY TOOL(S). THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND US. BY ACCESSING, DOWNLOADING, INSTALLING, COPYING, CLICKING THE "CONFIRM SIGNUP" OR "ACCEPT" OR "AGREE" OR "YES" BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OPERATING, RUNNING, OR USING ANY CYBERSECURITY TOOL, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, CLICK THE "CANCEL" OR "NO" BUTTON OR OTHERWISE INDICATE REFUSAL AND CEASE ANY AND ALL USE OF THE CYBERSECURITY TOOL(S).

1   License grant

1.1   We, subject to: you abiding by the terms of this EULA; you being subscribed to a particular Cybersecurity Tool; and to the payment by you of the relevant subscription fees; grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use each Cybersecurity Tool you are subscribed to, in each case only during the applicable term and in accordance with the conditions relating to your subscription to such Cybersecurity Tool, including the Applicable Conditions. When your subscription to a particular Cybersecurity Tool expires you shall no longer have the right to access or use that Cybersecurity Tool.

1.2   You will not, and will not permit any third party to:

(a)  use any license, code snippet, or other authorization number or mechanism provided by us in connection with a Cybersecurity Tool, or use any Cybersecurity Tool in connection with more than the number of Assets permitted by your subscription(s) and/or as may be specified by the Applicable Conditions. You must have a valid subscription for each Asset that is used in connection with a Cybersecurity Tool. It may be possible to purchase additional subscriptions for a Cybersecurity Tool for an additional fee. We will monitor our systems for use over and above the authorized number of Assets and may terminate a subscription or license, or we may levy additional fees, or we may suspend, restrict, or terminate access to one or more Cybersecurity Tools, if we deem your use of any Cybersecurity Tool to be in breach of your subscription and/or the relevant Applicable Conditions;

(b)  disclose any license details or license key or authorization number or other authorization credentials to any party other than to us or our authorized representatives;

(c)  circumvent or attempt to circumvent, or otherwise interfere with the integrity or performance of, or any features of, any Cybersecurity Tool, including but not limited to controls on the installation of, access to, security of, registration to, or use of, any Cybersecurity Tool, nor attempt to gain unauthorized access to any systems or networks used in the provision of the Cybersecurity Tools;

(d)  where any Cybersecurity Tool includes an interactive AI Feature (as defined below) (such as a chat interface or conversational assistant), attempt to jailbreak, prompt-inject, extract system prompts, or otherwise cause the AI Feature to bypass its intended constraints or safety mechanisms;

(e)  provide false, inaccurate, incomplete, or misleading information about you, your business, your websites, your IT environment and systems, or your infrastructure, nor will you provide any such information relating to third parties, and you represent and warrant that the information you provide while using any Cybersecurity Tools will be true, accurate, complete, and current; you further acknowledge and confirm that the certain aspects of the Cybersecurity Tools rely on the information you provide or that is provided on your behalf, and that we shall not be liable in any way to the extent such liability arises from or relates to the information you provide or any failure by you to provide information;

(f)  copy, modify, change, alter, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of a Cybersecurity Tool in any form or media or by any means or attempt to do any such thing;

(g)  except as otherwise permitted by applicable law, reverse compile, disassemble, translate, reconstruct, transform, extract, reverse engineer, or otherwise reduce to human-perceivable form all or any part of any Cybersecurity Tool or attempt to do any such thing;

(h)  publish, sell, distribute, broadcast, transmit, communicate, transfer, rent, lease, assign, display, disclose, pledge, share, license or otherwise commercially exploit any Cybersecurity Tool;

(i)  use any Cybersecurity Tool or any output of any Cybersecurity Tool (including any AI Output) to create, develop, train, or improve any artificial intelligence model, machine learning system, or competitive product or service;

(j)  use any Cybersecurity Tool in violation of any applicable law, rule, or regulation;

(k)  use any Cybersecurity Tool to violate, misappropriate, or infringe the privacy or intellectual property rights of a third party, or use any Cybersecurity Tool in connection with the assets or property of any third party, or interfere in any way with any third party's use of a Cybersecurity Tool;

(l)  use any Cybersecurity Tool to distribute or transmit any file that contains malware or in any manner that is not lawful;

(m)  export or re-export either directly or indirectly any Cybersecurity Tool to any country or entity under United States, United Kingdom, or European Union restrictions or to any country, territory, or entity subject to applicable trade sanctions and you represent that you are not located in any such country or territory and that you are not a sanctioned individual or connected with a sanctioned entity;

(n)  grant any third party access to or use of any Cybersecurity Tool, nor shall you use any Cybersecurity Tool on behalf of a third party;

(o)  access, install, or use any Cybersecurity Tool other than in accordance with this EULA;

(p)  install any software which may be included as part of a Cybersecurity Tool on, or use any Cybersecurity Tool in connection with, any operating system or device or system not supported by us;

(q)  remove or alter any copyright, trade mark or other proprietary notices from any software and/or any Cybersecurity Tool.

1.3   By accessing and using a Cybersecurity Tool you:

(a)  acknowledge and agree that you may use a Cybersecurity Tool for lawful, legitimate, internal business purposes only and you agree that you shall not, and shall not permit any third party to, access, install, or use any Cybersecurity Tool on, against, or with any personal, non-business device, computer, IP, URL, website, server, or system;

(b)  represent and warrant that you have, or have been granted, the full right and authority to deploy on, install, access, scan, provide information, and otherwise use a Cybersecurity Tool in connection with any Assets you may provide, use, and/or register with us in connection with such Cybersecurity Tool;

(c)  acknowledge and agree that certain functionality of certain Cybersecurity Tools may require the registration or provision of certain information and that such functionality shall not be available, or you may not be able to receive all of the features of such Cybersecurity Tools, until such information is registered or provided, however you also acknowledge and agree that any such scenario shall not impact your obligations in relation to the relevant subscriptions for the related Cybersecurity Tool;

(d)  acknowledge and agree that it is your responsibility at all times to back-up any data, software, information, or other files stored on any device, system, or website that is to be utilized in connection with or have installed a Cybersecurity Tool, as well your responsibility to know how to use those back-ups to recover and restore your devices, systems, or websites to normal operations;

(e)  acknowledge and agree that: (i) any login credentials e.g. username and/or password, provided to you in relation to a Cybersecurity Tool are confidential; (ii) you are responsible for the security of such credentials; (iii) you will not share such credentials with any other person; (iv) you are responsible for all activities that occur in connection with such credentials and with any use of a Cybersecurity Tool carried out on your behalf; (v) you will immediately notify us of any unauthorized use of such credentials; and (vi) we will not be liable for any loss of damage arising from the misuse of such credentials or your failure to adequately protect such credentials, or from your failure to comply with this paragraph;

(f)  acknowledge and agree that as part of the functionality of a Cybersecurity Tool we and/or our suppliers and providers may run scans against and/or monitor your networks, files, devices, websites, and/or systems e.g. to identify devices, html headers, security configuration settings, and/or running scripts; or to detect malware;

(g)  confirm that a Cybersecurity Tool, and services relating thereto, may include recommendations in relation to: software installation, configuration or updates; operating system updates or configurations; amendments to the security, software, versions, settings, and/or configurations of a web application, device, router, or firewall; or removal, amendment, or alteration of data stored on your devices; and that you are responsible for confirming the applicability and relevance of any information or recommendations provided to your network, devices, websites, or business operating environment and for implementing and correctly following any information or recommendations provided;

(h)  acknowledge and agree that in relation to the Cybersecurity Tool you are responsible for responding to Alerts, results, and/or recommendations, ensuring corrective action is undertaken if required;

(i)  acknowledge and agree that where any Alert, result, recommendation, or other output generated by a Cybersecurity Tool is produced in whole or in part by an AI Feature, the acknowledgments in the Artificial Intelligence section below apply and you are responsible for reviewing, verifying, and acting on any such output as you consider appropriate for your circumstances;

(j)  confirm that a Cybersecurity Tool may change device settings and otherwise configure your devices;

(k)  acknowledge and agree that we or our suppliers and providers may from time to time provide updates or replace a Cybersecurity Tool with another Cybersecurity Tool with similar functionality or change the name of the Cybersecurity Tool or a Cybersecurity Tool may install additional functionality or another Cybersecurity Tool without requesting or obtaining your separate agreement. If an update or additional functionality or another Cybersecurity Tool is provided, downloaded, and/or installed by a Cybersecurity Tool and it is not accompanied by additional or separate terms and conditions, this EULA applies to your access to, use, and installation (if applicable) of such items. A Cybersecurity Tool may update automatically without notice to ensure you are benefiting from the latest features;

(l)  acknowledge and agree that: certain Cybersecurity Tools or certain functionality of Cybersecurity Tool may be subject to separate or additional terms and conditions (whether provided by us or a third party) and entered into by you in connection with your access to, use of, or installation of such Cybersecurity Tool or functionality; your access to or use of such Cybersecurity Tool or functionality is governed by the terms of such terms and conditions and, where applicable, by this EULA; if there is a conflict between such terms and conditions and this EULA, such terms and conditions will control with respect to such Cybersecurity Tool or functionality;

(m)  acknowledge and agree that in relation to any text messages that may be sent to you (whether by Iris as part of the digital verification relating to Credit Monitoring or by us in connection with an Alert), receiving rates may apply, including applicable roaming charges, depending on your cell phone provider's plans and applicable fees, and you may be charged by your provider for text messaging and data plan fees;

(n)  acknowledge and agree that: (1) you must have registered a correct telephone number and/or email address with us in order to receive an Alert; and (2) Alerts are not encrypted and we do not guarantee that any Alerts sent will be received, or that they are complete or timely. To the maximum extent permitted by applicable law and regulations, we are not responsible for, and expressly disclaim any and all liability related to the failure of any Alert to be accurately transmitted, or to be fully or timely delivered to you for any reason whatsoever. The accuracy, completeness, and delivery of any Alerts may be affected or prevented by technical errors or other problems or issues that relate to the network used in the transmission of the Alert, or to your cell phone service account or mobile device, and we are not responsible for any such errors, problems, or issues that interfere in any with such Alerts;

(o)  acknowledge and agree that we may modify and/or deprecate the functionality or scope of any Cybersecurity Tool and/or discontinue the provision of such functionality or of any Cybersecurity Tool;

(p)  acknowledge and agree that: (i) you may not be able to use an applicable Cybersecurity Tool or device (or certain functions or features of the device) unless you use the latest updates and until the update is fully installed; (ii) we may stop supporting any Cybersecurity Tool until you have accepted and installed all updates; and (iii) we may in our sole discretion stop providing updates for any version of any Cybersecurity Tool other than the most current version, or updates supporting use of any Cybersecurity Tool in connection with any versions of devices, operating systems, software, and/or systems with which such Cybersecurity Tool is designed to operate;

(q)  acknowledge and agree that any of our affiliates may provide any Cybersecurity Tool and may provide or perform any services in support of a Cybersecurity Tool and/or any of our obligations under this EULA;

(r)  acknowledge and agree that: the Cybersecurity Tools (including the Portal) may be presented to you under our branding alone, or under branding that includes only the branding of your Partner, or under a combination of our branding and your Partner's branding; that specific Cybersecurity Tools may additionally or separately be presented under third party vendor branding as described in the terms applicable to those Cybersecurity Tools; that this EULA applies as between you and us and governs the license terms of your access to and use of the Cybersecurity Tools irrespective of the branding under which any Cybersecurity Tool is presented; and that a change in the branding is not a material adverse change and does not entitle you to terminate this EULA or any subscription or to any refund of fees;

(s)  if your subscription includes a Cybersecurity Tool that provides device management, monitoring, anti-virus scanning, or endpoint reporting functionality, acknowledge and agree that we may: remotely apply configuration profiles which determine the function and features of any Cybersecurity Tool on your device, network, or website or amend a device's access rights, security settings and general preferences; monitor the location of a device; run anti-virus scans on a device or endpoint; and view reports on hardware or software information relating to your devices, endpoints, or websites;

(t)  acknowledge and agree that we may, at our sole discretion without any liability to you, disable, suspend, or terminate your access to and use of any Cybersecurity Tool if: (1) you breach any of the provisions of this EULA; and/or (2) we do not receive timely payment of the fees in relation to your subscription to and/or use of any Cybersecurity Tool;

(u)  acknowledge and agree that we shall not be liable under any circumstances for any damage, loss, alteration, or corruption of any data, information, software, files, website, or any device, or for any interruption of business operations, loss of business or any other loss as set out in clause 4 (Limitation of Liability), resulting from your use of the Cybersecurity Tools. We recommend you engage, or have on standby, local technical support (as applicable to your business systems and operations and the Cybersecurity Tools you avail of) able to provide on-site assistance in the event of devices/system/website crash, failure, corruption etc.

1.4   If your subscription includes a vulnerability scanning Cybersecurity Tool, each time you avail of such Cybersecurity Tool you authorize us or our suppliers or providers to perform the scanning on the IP addresses or website URL you provide in relation to such scanning and you acknowledge and confirm that:

(a)  it is your responsibility to identify the IP addresses and website URL in scope for scanning;

(b)  any IP addresses to be excluded from the scan scope have been segmented from the list of included IPs;

(c)  the scope of IP addresses to be tested is accurate and correct and comprises all externally facing IP addresses that could impact the security of your environment;

(d)  if you require validation of scope you have advised us prior to commencement of any scanning;

(e)  you have coordinated with and obtained any necessary consent from your internet service provider and/or hosting provider to permit scans to run, where applicable;

(f)  you will ensure that our scanner IP addresses are white-listed through any active protection systems for the duration of the test to avoid any scan interference;

(g)  your website URL and IP addresses will grant access to our provided IPs;

(h)  you have advised us of any load balancers in use;

(i)  you have made any temporary configuration changes to your network devices as may be necessary to obtain a scan that accurately assesses your external security posture and will reapply your previous configuration as soon as the scan is complete;

(j)  you have advised us of any legacy systems or unreliable operations that might not respond well to testing; and

(k)  you have created a full back-up of all systems to be tested and know how to use those back-ups to recover and restore systems to normal operations.

1.5   If your subscription includes a scanning Cybersecurity Tool that constitutes, or forms part of, a Payment Card Industry Data Security Standard (“PCI DSS”) Approved Scanning Vendor service (an "ASV Scanning Tool"), you acknowledge and agree that in relation to any such ASV Scanning Tool:

(a)  the ASV Scanning Tool is intended to facilitate compliance with the external vulnerability scanning requirements of the PCI DSS applicable to you, but does not itself constitute PCI DSS compliance, certification of your compliance posture, or any warranty or representation as to your compliance status or that of any part of your environment;

(b)  each scan reflects the scanned environment at the point in time at which the scan was performed and may not reflect subsequent changes to your environment, IP addresses, URLs, systems, or configuration;

(c)  the scope of each scan is determined by the IP addresses and URLs you identify to us; any inaccuracy, incompleteness or subsequent change in the scope you provide may result in an incomplete or inaccurate scan and it is your sole responsibility to ensure the scope is accurate and up to date;

(d)  you remain responsible at all times for interpreting scan results, applying remediation, requesting re-scans as appropriate, and taking such further steps as may be required to achieve or maintain PCI DSS compliance;

(e)  where the PCI Security Standards Council (or any successor body or applicable card association) mandates specific procedures for scan disputes, exceptions, false positives, or re-scanning, those procedures apply and take precedence in respect of the matters they cover;

(f)  we do not represent, warrant, or guarantee that any particular scan will yield a passing result for PCI DSS purposes, that any scan or attestation issued by us will be accepted by any acquirer, card association, qualified security assessor, or other third party, or that use of the ASV Scanning Tool will prevent or detect any particular vulnerability or security incident;

(g)  any attestation, report or evidence of scanning provided by us is issued only in respect of the specific scan performed on the scope declared by you at the time of that scan, and is not a general attestation of your PCI DSS compliance or of the security of your environment; and

(h)  we may amend the ASV Scanning Tool at any time to reflect changes in the requirements of the PCI Security Standards Council, applicable card associations, applicable law, or the ASV programme, and such amendments do not entitle you to terminate your subscription or claim any refund.

1.6   If your subscription includes a Cybersecurity Tool that provides website monitoring functionality, each time you avail of such Cybersecurity Tool you authorize us or our suppliers or providers to perform the monitoring on the website or URLs you provide in relation to such monitoring and you acknowledge and confirm that:

(a)  it is your responsibility to identify the websites or specific webpage URLs in scope for monitoring;

(b)  the scope of websites or webpages to be monitored is accurate and correct;

(c)  you have coordinated with and obtained any necessary consent from your internet service provider and/or hosting provider to permit monitoring, where applicable;

(d)  you have created a full back-up of all systems to be monitored and know how to use those back-ups to recover and restore systems to normal operations; and

(e)  the Cybersecurity Tool may provide blocking services that block unknown scripts or programs.

1.7   In connection with your use of any Cybersecurity Tool included in your subscription, and where applicable to that Cybersecurity Tool: you may provide us or our suppliers and providers with; we or our suppliers and providers may access; and/or a Cybersecurity Tool may provide to us or our suppliers and providers: device information and status, location, application list and license list; certain information about your use of a Cybersecurity Tool including statistics relating to the use of the Cybersecurity Tool, performance metrics relating to the Cybersecurity Tool, and configuration settings, performance data, installed software; information about: applications, date, operating system, CPU information; if potential malware is running; system information; log data about your website's web traffic, including but not limited to signatures, request/response headers, source IP and time; the file/application list scanned; reporting of information of scan events; administrator access control for a device; any files or programs that are unknown or untrusted or identified as potential malware, including information on the actions taken by such files. The collected files could contain personal information that has been obtained by the file that has been identified as unknown, untrusted or potential malware without your permission. Such information may also be provided to our suppliers and providers, who assist us with the provision of the Cybersecurity Tools.

1.8   If your subscription includes a Cybersecurity Tool that provides containment functionality, such Cybersecurity Tool may provide containment services that isolate unknown programs. By default any unknown programs identified as potential malware are executed inside a containment sandbox and then sent to us or to a relevant supplier for malware analysis. If a program is found to be malicious it is then added to the malware definitions list. If it is found to be safe it is added to a safe program list. The next time the relevant Cybersecurity Tool receives antivirus updates, it scans all the programs running inside the containment sandbox. If any program is found to be malicious, the containment sandbox isolates the program and moves it to the quarantine list. Safe programs are removed from containment and are no longer executed inside containment. If you wish you may request disabling of containment and/ or automatic submission of programs for analysis.

1.9   If your subscription includes a Web Application Firewall and/or BOT Protection Cybersecurity Tool ("WAF"), the following terms apply to any WAF functionality:

(a)  You are responsible and solely liable for providing any hardware, software and connectivity to access and use the WAF, including any user-specific configurations required to use and access the WAF, and for rerouting DNS traffic via the WAF (to the extent applicable).

(b)  You acknowledge and agree that initial configuration of the WAF may result in your website being unavailable for a period of up to six (6) hours, you agree that you will configure the WAF during hours that will not adversely affect your business, and you will not hold us liable for any such website unavailability or related impact to your business.

(c)  You acknowledge and agree that the WAF functionality will include routing your web traffic via our WAF provider's servers to monitor for and/or block malicious activity and/or attacks against the relevant website.

(d)  Certain use of the WAF functionality may require that you: (1) provide domain and SSL certificate information; (2) reconfigure website settings, firewalls, domain name system records, and other IT security services that interfere with or prevent the WAF from operating correctly; and/or (3) post, upload, transmit, continuously forward, or otherwise submit data or information, including but not limited to signatures, request/response headers, source IP, and time, or direct DNS traffic to the WAF (the "Content”). Once you have completed the above configuration requirements (if any), which shall be determined by us at our sole discretion, the WAF functionality will start analyzing Content.

(e)  Services relating to the WAF do not include any remediation assistance from us nor shall we be responsible for assisting you in correcting or eliminating any security flaw or vulnerability. Services relating to the WAF do not, and are not intended to, fix, remedy, prevent, or eliminate vulnerabilities or other insecurities. Remedying any vulnerabilities or insecurities is solely your responsibility.

(f)  You acknowledge and agree that it is your responsibility to monitor the expiry date of website certificates, ensuring their renewal prior to expiry, to ensure continued operation of the WAF and the relevant website.

(g)  You hereby represent, warrant and covenant that you have the right to post, upload, submit, transmit and provide Content to us or our WAF provider and that such Content (or any part thereof), including its transmission to and use or other processing by us or our WAF provider as contemplated by this EULA, does not violate any agreement, applicable law or regulation or third party right, including intellectual property rights, rights of privacy, and/or applicable privacy, data protection and cybersecurity laws and regulations. Moreover, you hereby represent, warrant, and covenant that you have provided all notices and obtained all authorizations, rights, and consents necessary to lawfully access, interfere with, and allow us or our WAF provider, in relation to the WAF functionality, to lawfully access or interfere with, any user or third party's, information technology system, network, service, or account.

(h)  By posting, uploading or otherwise submitting Content to us or our WAF provider, you grant to us and to our WAF provider a worldwide, irrevocable, non-exclusive, non-transferrable, non-sublicensable, fully paid license to use and to otherwise process the Content (and any part thereof) and any other data provided or made available to us or our WAF provider by you in accordance with this EULA and as otherwise necessary for our and our WAF provider's compliance with applicable law, performance of any contractual right or obligation in connection with you, including, but not limited to, displaying, minimizing, transferring, compressing or otherwise processing such Content.

(i)  You acknowledge and agree that we do not provide a backup service and do not keep copies of the Content. You are solely liable for ensuring that any Content is properly stored and acknowledge and agree that we may delete or deny access to any Content upon the expiration or termination of your WAF Subscription and/or this EULA.

(j)  You acknowledge and agree that you are solely responsible and liable for any losses, damages, liabilities and/or third party claims and proceedings arising from or relating to your use of the Content and the WAF. Neither we nor our WAF provider shall in any way or form be responsible or liable for use of the Content.

1.10   If your subscription includes anti-virus and/or data encryption management functionality (“AVDEM”), you acknowledge and agree that, in relation to AVDEM: (a) AVDEM is provided by Bitdefender SRL (“BD”), not by us, and we merely distribute and facilitate access to AVDEM; (b) your access to and use of AVDEM is subject to the terms set out at https://www.bitdefender.com/en-us/site/view/eula-business-solutions; and (b) your personal data will be collected directly by BD, for processing by it subject to its terms and conditions for use of AVDEM and to its privacy notice and we have no control over or liability for such processing.

1.11   If your subscription includes ID Theft Protection, you acknowledge and agree that, in relation to ID Theft Protection: (a) ID Theft Protection is run, operated, and provided by a third party entity named Generali Global Assistance, Inc., dba Iris® Powered by Generali (“Iris”), not by us, and we merely facilitate access to ID Theft Protection; (b) we are a reseller of ID Theft Protection as provided by Iris and the functionality and operation of ID Theft Protection is outside of our direct control; (c) your access to and use of ID Theft Protection, and the personal data you provide directly to Iris in accessing and using ID Theft Protection, is subject to Iris's terms of service and privacy policy as set out at https://www.irisidentityprotection.com/legal-information and you agree to be bound by such terms when accessing and using ID Theft Protection, and we have no authority or control over Iris's terms and conditions; (d) we cannot offer services relating to ID Theft Protection which are greater than or different in scope from the ID Theft Protection provided by Iris; (e) you will provide your personal data (including but not limited to name, address, date of birth, and SSN) directly to Iris solely for processing by Iris subject to Iris's terms and conditions for use of ID Theft Protection and to Iris's privacy notice, and we will not have access to or otherwise process any such personal data provided directly to Iris, except Iris will share the fact an alert has been triggered so we can prompt you to log into their system; (f) we will not provide your personal data to Iris, and any relevant personal data is provided by you directly to Iris and is not processed by us and we have no control over or liability for the processing of such personal data by Iris or any of its agents or affiliates; (g) as part of registering for the Credit Monitoring portion of ID Theft Protection you must provide Iris with a valid cell phone number for the purposes of digital verification; (h) Iris may cease to make ID Theft Protection available at any time and in no event will we be obligated to provide, or held liable for the cessation of, ID Theft Protection to you once Iris ceases to provide it; (i) we do not guarantee the achievement of the goals and objectives for which ID Theft Protection is provided or used, and we shall not be liable to you if such goals and objectives are not achieved. We exercise no control over and expressly disclaims any liability arising out of a your use of ID Theft Protection, including the results of your use of, or inability to use, ID Theft Protection.

1.12   You acknowledge and agree that: (a) certain Cybersecurity Tools, or certain features or functionalities of certain Cybersecurity Tools, may incorporate or rely on artificial intelligence, machine learning, statistical models, or automated processing ("AI Features"); (b) AI Features may generate results, findings, classifications, alerts, recommendations, or other outputs ("AI Outputs") that are produced by statistical or probabilistic models and are not guaranteed to be accurate, complete, current, unbiased, or free from error, and AI Outputs may include false positives, false negatives, or otherwise unreliable results; (c) AI Outputs are provided for information and decision-support purposes and are not a substitute for professional judgment. You are responsible for reviewing, verifying, and acting on any AI Output as you consider appropriate for your circumstances; (d) certain AI Features may be provided by, powered by, or otherwise rely on the services of third party providers, and the availability, functionality, and behaviour of those AI Features depends on those third party providers and is outside our direct control; and (e) we may modify, replace, or discontinue any AI Feature at any time, including in response to changes in third party providers or changes in applicable law. Nothing in this clause is intended to exclude our obligations under applicable data protection law(s), including in respect of engagement of sub-processors.

2   Intellectual property

We or our licensors or suppliers own all intellectual property in and to the Cybersecurity Tools and any related documentation (including any user guides). The Cybersecurity Tools are being licensed, not sold. The Cybersecurity Tools contain material that is protected by intellectual property laws, including copyright, trademarks, and trade secrets. All rights not expressly granted to you herein are reserved. You have no rights in, or to, the Cybersecurity Tool and any related documentation other than the right to use them in accordance with this EULA. You may not remove any copyright or other proprietary notice from any Cybersecurity Tool. Certain Cybersecurity Tools contain certain open source products and licenses relating to these are set out at https://vikingcloud.com/opensource. If a Cybersecurity Tool includes links to other sites and/or resources provided by third parties, such links are provided for information only, we have no control over the contents of those sites or resources, and you agree that we have no responsibility for such sites or resources or for any loss or damage that may arise from your use of them. As between you and us, we own or have licensed all rights in any AI Outputs generated by a Cybersecurity Tool. We grant you a limited, non-exclusive, non-transferable licence to use AI Outputs for your own lawful internal business purposes in connection with your use of the applicable Cybersecurity Tool, subject to this EULA. You acknowledge that AI Outputs may not be new or original and may resemble content published by third parties, and we make no warranty that any AI Output does not infringe the rights of any third party. It is your responsibility to determine whether any AI Output is suitable for your intended use.

3   Fees

3.1   You will pay the relevant fees (to a Partner or, as may be applicable, to us) for the Cybersecurity Tools as disclosed to you by us or as set out in an applicable Partner Program Agreement (as applicable).

3.2   We (or, as may be applicable, a relevant Partner) may change the subscription plans and fees applicable to any Cybersecurity Tool from time to time (and, where applicable to fees payable by you to a Partner, in accordance with the applicable Partner Program Agreement) and following such changes the relevant fees will apply to you and your subscription.

3.3   We may, at our sole discretion without any liability to you, disable, suspend, or terminate your access to and use of the Cybersecurity Tools and terminate this EULA if we do not receive timely payment of the fees in relation to your subscription to and/or use of the Cybersecurity Tools, and we are under no obligation to provide any services to you while the fees remain unpaid in a timely manner.

4   Limitation of liability

4.1   WE DO NOT WARRANT OR REPRESENT THAT THE OPERATION OF OR ACCESS TO THE CYBERSECURITY TOOLS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE CYBERSECURITY TOOLS WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WEBSITE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, THAT THE CYBERSECURITY TOOLS WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OR AVAILABILITY OF ANY DEVICE OR WEBSITE OR AGAINST ALL POSSIBLE THREATS, OR THAT ANY CYBERSECURITY TOOL WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU ACKNOWLEDGE THAT THE CYBERSECURITY TOOLS HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE FUNCTIONALITY OF THE CYBERSECURITY TOOLS MEETS YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CORRECTLY CONFIGURE THE CYBERSECURITY TOOLS AND THAT INCORRECT CONFIGURATION, INCLUDING BUT NOT LIMITED TO BLOCKING SERVICES THAT BLOCK UNKNOWN WEBSITE SCRIPTS OR PROGRAMS, MAY CAUSE YOUR WEBSITE (OR PARTS THEREOF) TO CEASE FUNCTIONING CORRECTLY AND WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY IN RELATION TO ANY SUCH INCORRECT CONFIGURATION. WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESSING OR USING ANY CYBERSECURITY TOOL OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY CYBERSECURITY TOOL OR ABOUT THE SUITABILITY OF THE INFORMATION OR RECOMMENDATIONS PROVIDED. ALL SUCH INFORMATION OR RECOMMENDATIONS AND THE CYBERSECURITY TOOLS ARE PROVIDED "AS IS" AND "AS PROVIDED" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NO RECOMMENDATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR IN CONNECTION WITH ANY CYBERSECURITY TOOL SHALL CREATE ANY WARRANTY NOT CONTAINED HEREIN. WE AND OUR SUPPLIERS AND PROVIDERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND OTHER TERMS OF ANY KIND AND DISCLAIM ANY LIABILITY THAT MAY ARISE IN RELATION TO ANY CYBERSECURITY TOOL OR AS A RESULT OF UNUSED OR INCORRECTLY USED RECOMMENDATIONS PROVIDED BY US OR IMPROPER INSTALLATION OR REMOVAL OF SOFTWARE OR AMENDMENT OR DELETION OF DATA. WE SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY THE IMPLEMENTATION OF OR ARISING FROM ANY ERRORS OR OMISSIONS IN ANY INFORMATION, RECOMMENDATION, OR SCRIPT PROVIDED IN CONNECTION WITH ANY CYBERSECURITY TOOL OR ANY ACTIONS TAKEN BY YOU AT OUR RECOMMENDATION. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PRE-EXISTING CONDITION ON YOUR COMPUTERS, DEVICES, WEBSITES, OR SYSTEMS, INCLUDING FAILURE TO CURE, DETECT, OR REMEDY A CONDITION AFTER INSTALLATION AND USE OF ANY CYBERSECURITY TOOL. YOU AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR (I) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS EULA EVEN IF WE HAVE BEEN ADVISED SUCH DAMAGES MIGHT OCCUR, OR (II) ANY DAMAGES (WHETHER DIRECT OR INDIRECT) WHATSOEVER RESULTING FROM LOSS OF USE, SALES, DATA, BUSINESS, REVENUE, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITIES, GOODWILL, REPUTATION OR PROFITS, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOFTWARE, COSTS OR PROCURING SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES, BUSINESS INTERRUPTION, CORRUPTION, ERASURE, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION, PROGRAMS, SOFTWARE, CONFIGURATION SETTINGS OR FUNCTIONALITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH ANY CYBERSECURITY TOOL, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LEGAL RIGHT DISALLOWS AN EXCLUSION OF WARRANTIES OR DISALLOWS LIMITING CERTAIN DAMAGES THEN THE DISCLAIMERS OF GUARANTEE AND LIMITATIONS ON LIABILITY HEREIN APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. THE CYBERSECURITY TOOLS ARE NOT DESIGNED OR INTENDED TO BE FAULT-TOLERANT AND ARE NOT TO BE USED IN A HAZARDOUS ENVIRONMENT OR IN ANY ENVIRONMENT WHERE FAILURE COULD RESULT IN DEATH, PHYSICAL INJURY, OR PROPERTY DAMAGE.

4.2   YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, CODE SNIPPET, UPDATE, PATCH AND/OR DATA DOWNLOADED, INSTALLED, AMENDED, DELETED, OR OTHERWISE USED IN CONNECTION WITH ANY CYBERSECURITY TOOL IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR: THE RESULTS OBTAINED FROM THE USE OF ANY CYBERSECURITY TOOL; FOR ANY CONCLUSIONS DRAWN FROM SUCH USE; ANY DAMAGE TO YOUR DEVICES OR ANY LOSS OF DATA THAT RESULTING FROM SUCH DOWNLOADING OR INSTALLATION.

4.3   YOU SHALL INDEMNIFY US, OUR AFFILIATES AND OUR AND OUR AFFILIATES' DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AGAINST ALL LIABILITIES, LOSSES, EXPENSES OR COSTS THAT, DIRECTLY OR INDIRECTLY, ARE BASED ON YOUR BREACH OF THIS EULA, INFORMATION PROVIDED BY YOU, YOUR INFRINGEMENT ON THE RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF A LAW.

4.4   OUR TOTAL LIABILITY IN RELATION TO THE CYBERSECURITY TOOLS, WHETHER TO YOU OR ANOTHER PARTY, HOWSOEVER ARISING SHALL NOT EXCEED IN THE AGGREGATE AN AMOUNT EQUAL TO THE FEES RECEIVED BY US IN RELATION TO YOUR SUBSCRIPTION FOR YOUR USE OF THE CYBERSECURITY TOOLS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE FIRST ACT OR OMISSION THAT FORMED THE PRINCIPAL BASIS OF THE LOSS OR CLAIM BEING SOUGHT.