TERMS AND CONDITIONS OF BLACKLIGHT SCAN

 

Please note that the captions are for convenience only do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof. The following terms and conditions shall be made for the benefit of Blackpanda Limited (HK Company Reg No.  2281673) and any other corporate entity under direct or indirect common control of Blackpanda Limited (together, “Blackpanda” or the “Blackpanda Group”).

 

1. Confirmation of Your Authority. You (the “Requestor”) are the signatory and representative of the company whose details are set out at Section 1B of the form (the “Requestor Company”) and/or in any business collateral or business cards submitted in support of this Agreement (as the case may be). You warrant and represent that that you are competent and authorized to make this request and agree to these terms on behalf of Requestor Company for whom you purport to sign, and that the Agreement is executed on behalf of a valid legal entity which has the full right and authority to undertake or forbear any action contemplated by this Agreement. 

 

2. Confirmation of Ownership of Domain & Domain IP Rights. You further warrant and represent that the assets and properties of which are set out at Section 2 of the form (the “Assets”) and all “Intellectual Property Rights” (defined as all patents, trademarks, service marks, and other marks, logos, get-up, trade and business names, internet domain names, rights in designs (and applications for all the same), copyrights, moral rights, database rights, rights in knowhow, trade secrets, confidential or proprietary information, inventions, discoveries, improvements, designs and schematics, prototypes, techniques, computer software (including source code, object code, firmware, development tools, files records, data and any associated documentation), other confidential processes and information and know-how, and any other kind of intellectual property or similar or analogous forms of property or rights, of any kind whatsoever, in each case whether capable of being registered, registered or unregistered and including applications for registration and whether or not recorded or contained (or capable of being recorded or contained) in any tangible form) residing in (including being hosted on, stored or contained on) the Assets, are the absolute properties of, and legally and beneficially owned by, by the Requestor Company and, where capable of possession, are in the possession or under the control of the Requestor Company. To the extent necessary for Blackpanda to conduct such scans

 

3. Requestor Company’s Authorisation to Blackpanda for Scans and Scan Data. The Requestor and Requestor Company hereby consents to and authorizes Blackpanda to conduct security and vulnerability scans and to collect and use the data from such scans on the domain set out in the form (the “Scan Data”). Requestor Company further authorises Blackpanda to use Scan Data for internal research and development purposes and to transfer anonymized/unattributed Scan Data to Blackpanda vendors, service providers, and other partners who provide support services to Blackpanda. Blackpanda shall use reasonable efforts to ensure that no personally identifiable information or data is collected as a result of such scans. Without prejudice to the foregoing, our use of data (and any personal data) is further detailed in and shall always be in accordance with our Customer Privacy and Data Policy found at https://www.blackpanda.com/privacy-policy 

 

4. IP Rights in Scan Reports. Intellectual Property Rights in our report shall be the property of Blackpanda. Subject to the Requestor and Requestor Company’s compliance with these terms, Blackpanda shall grant to the Requestor Company a non-exclusive, non-transferrable licence of such Intellectual Property Rights subsisting in the report for the use of the report but for no other purpose whatsoever.

 

5. Marketing. You further agree that notwithstanding any other terms contained in this Agreement, you agree that Blackpanda may use your information and data (including any personal information submitted) to contact the Requestor and Requestor Company with information about special offers and rewards (this may include special offers of other carefully selected companies).Blackpanda may also disclose the same information to any unaffiliated third parties including distributors and resellers of Blackpanda products, third party service providers and agents, and relevant governmental and/or regulatory authorities, for the aforementioned purposes.

 

6. Beta Product & Report Disclaimers. PLEASE NOTE THAT AS A BETA PRODUCT, THE SCANNER AND SCAN REPORT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY SUPPORT, INDEMNITY, LIABILITY OR REMEDY OF ANY KIND OR FITNESS FOR ANY PURPOS E. TO THE EXTENT ALLOWED BY APPLICABLE LAW. BLACKPANDA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION, OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF BETA PRODUCTS.

 

Notwithstanding any other term, Blackpanda reserves the right, in its sole discretion, (a) to revoke access and use of the Blacklight tool (including but not limited to rejecting scan requests) at any time, (b) validate certain features or functionality of the Blacklight tool, and/or (c) provide services or support necessary to maintain the Blacklight tool.

 

7. Your Indemnity. You agree to indemnify and hold harmless Blackpanda Limited and  any Blackpanda Group companies against any claim, suit or demand, including necessary expenses of investigation and reasonable attorneys’ fees, in which it may be asserted that there were breaches and/or non-compliance of these terms and conditions.