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ThreatView Terms and Conditions

PLEASE READ CAREFULLY BEFORE ACCESSING THREATVIEW OR DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE:

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Turaco Labs Limited, a company incorporated in England and Wales with company number 15368842 and having its registered office at 31a Charnham Street, Hungerford, Berkshire RG17 0EJ, United Kingdom (Licensor, us or we) for:

  • the ThreatView technology solution,
  • the services provided alongside ThreatView, any data supplied with these services and any agents or other software applications provided as part of the ThreatView technology solution that are installed on your systems (together ThreatViewThreatView) and
  • any online documents provided as part of ThreatView (Documents).

We license the use of ThreatView and the Documents to you on the terms of this Licence. We do not sell ThreatView or the Documents to you. We, or our licensors, always remain the owners of ThreatView and the Documents.

IMPORTANT NOTICE TO ALL USERS:

  • BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 4.1 AND CONDITION 5.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MUST NOT CLICK ON THE "ACCEPT" BUTTON BELOW AND YOU MAY NOT DOWNLOAD, OR ACCESS THREATVIEW OR THE DOCUMENTS.

You should print a copy of this Licence for future reference.

  1. LICENCE
    1. The following defined terms are used in this Licence:
      1. Authorised Users means the employees, agents and independent contractors of you, your subsidiaries and affiliates, who you authorise to use ThreatView and the Documents.
      2. Good Industry Practice means the exercise of that degree of skill, care, prudence, efficiency, foresight and timeliness as would be expected from a leading company within the relevant industry or business sector.
      3. Licensee Data means the data you, or anyone you authorise, input or make available for the purpose of using or facilitating your use of ThreatView or Documents and any data generated by, or derived from your use of ThreatView or the Documents, whether hosted or stored within ThreatView, or elsewhere.
      4. Order means any document containing the commercial and pricing terms applicable to the supply of ThreatView. An Order may be a physical document signed by you and returned to the Licensor (or someone authorised by the Licensor to receive them), or an electronic form accepted by you and/or an Authorised User (e.g. by clicking an online “accept” button or checking a checkbox confirming such acceptance on the Licensor’s or its authorised representative’s webpage).
      5. Support Services means the support services described at https://www.turacolabs.com/pricing-plans that are applicable to your chosen plan and that are provided in for ThreatView by or on behalf of the Licensor to you.
      6. Viruses means any thing or device (including any software, code, file or programme) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
      7. Vulnerability means a weakness in the computational logic (for example, code) found in software and hardware components that, when exploited, results in a negative impact to confidentiality, integrity, or availability, and the term Vulnerabilities shall be construed accordingly.
    2. In consideration of you paying the agreed licence fee and you agreeing to abide by the terms of this Licence, the Licensor grants you a limited, non-exclusive, non-transferable, revocable licence, without the right to sublicense, to access and use ThreatView and the Documents on the terms of this Licence, solely for your internal business operations.
    3. Licensor may modify, enhance or remove any feature or functionality of ThreatView, or suspend or improve it without your consent.
    4. You must:
      1. provide the Licensor with:
        1. all necessary co-operation in relation to this Licence; and
        2. all necessary access to such information as may be required by the Licensor,
        to the extent it requires these to provide ThreatView and the Documents, including Licensee Data, security access information and configuration services; and
      2. without affecting your other obligations under this Licence, comply with all applicable laws and regulations with respect to your activities under this Licence.
    5. You are solely responsible for the legality, reliability, integrity, accuracy and quality of all Licensee Data. You hereby license us to use the Licensee Data:
      1. So that we can make available to you the functionality of ThreatView;
      2. for the purposes set out in our Privacy Notice as described in condition 9;
      3. to improve its databases and heuristics and otherwise to improve our products and services; and
      4. all other purposes relevant to the proper exercise of our rights and obligations under this License.
    6. You undertake to:
      1. supervise and control use of ThreatView and the Documents and ensure they are used by your employees only on the terms of this Licence; and
      2. comply with all applicable technology control or export laws and regulations.
  1. RESTRICTIONS
    1. Except as expressly set out in this Licence or as permitted by any local law which is incapable of exclusion by agreement between the parties, you shall not:
      1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of ThreatView and/or the Documents (as applicable) in any form or media or by any means; or
      2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of ThreatView;
      3. access all or any part of ThreatView or the Documents to build a product or service which competes with ThreatView;
      4. use ThreatView or the
      5. Documents to provide services to third parties;
      6. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make ThreatView or the Documents available to any third party except the Authorised Users; or
      7. attempt to obtain, or assist third parties in obtaining access to ThreatView or the Documents, other than as allowed under this Licence.
    2. You shall not use ThreatView to:
      1. distribute or transmit to the Licensor any Viruses or Vulnerability and shall implement procedures in line with Good Industry Practice to prevent such distribution or transmission;
      2. store, access, publish, disseminate, distribute or transmit any material which:
        1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
        2. facilitates illegal activity;
        3. depicts sexually explicit images;
        4. promotes unlawful violence;
        5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
      3. is otherwise illegal or causes damage or injury to any person or property,
      and we reserve the right, on no less than thirty (30) days' prior written notice to you, such notice specifying the breach of this condition and requiring it to be remedied within the thirty (30) day period, to disable your access to ThreatView and Documents for the duration of time that the breach remains unremedied.
  1. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in ThreatView and the Documents anywhere in the world belong to us and/or our licensors, that rights in the ThreatView and the Documents are licensed (not sold) to you, and that you have no rights in, or to, ThreatView or the Documents other than the right to use them on the terms of this Licence.
    2. You acknowledge that you have no right to have access to any ThreatView software in source code form.
    3. Licensor owns all right, title, and interest in: (i) any improvements to ThreatView resulting from Licensor exercising its rights under 1.5(c) above; and any feedback or suggestions related to the development of, improvements to, or security enhancements to ThreatView or the Documentation.
  1. LIMITED WARRANTY
    1. We warrant that:
      1. ThreatView will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents;
      2. that the Documents and the Turaco Labs website correctly describe the operation of ThreatView in all material respects; and
      3. any services provided as part of ThreatView will be provided with reasonable skill and care.
    2. If you notify us in writing of any defect or fault in ThreatView as a result of which it fails to perform substantially in accordance with the Documents, we will, at our sole option, either repair or replace the defective part of ThreatView, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
    3. We do not warrant that:
      1. the use of or access to ThreatView will be timely, uninterrupted, error-free, complete or secure;
      2. any information or interpretations derived from ThreatView will be accurate, complete or reliable; and
      3. ThreatView will be free from errors, loss, corruption or interference.
    4. The warranties in 4.1 shall also not apply if the defect or fault in ThreatView results from you having used it in breach of the terms of this Licence.
  1. LIMITATION OF LIABILITY
    1. You accept responsibility for the selection of ThreatView to achieve your intended results and acknowledge that ThreatView and the Documents have not been developed or designed to meet or support any individual requirements you have, including any particular cybersecurity requirements you might be subject to, or any regulated activity that you may be engaged in, including the provision of an online intermediation service, an online search engine or service that facilitates online interaction between users (such as, but not limited to, a social media platform) (each a Regulated Activity). If you use ThreatView for any Regulated Activity you agree to comply with any requirements that apply to such Regulated Activity from time to time (including in any jurisdiction in which you operate or where the Regulated Activity is undertaken) and you shall defend, indemnify and hold us harmless against any loss or damage (including regulatory fines or penalties) costs (including legal fees) and expenses which we may suffer or incur as a result of your breach of this clause 5.1.
    2. We only supply ThreatView and the Documents for internal use by your business, and you agree not to use them for any resale purposes.
    3. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. wasted expenditure;
      5. loss or corruption of data or information;
      6. loss of business opportunity, goodwill or reputation,
      where any of the losses set out in condition 5.3(a) to condition 5.3(f) are direct or indirect; or
      • any special, indirect or consequential loss, damage, charges or expenses.
    4. Other than the losses set out in condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the aggregate subscription fees paid by you to us and/or our authorised representative in the three months immediately preceding the breach. This maximum cap does not apply to condition 5.5.
    5. Nothing in this Licence shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud or fraudulent misrepresentation; or
      3. any other liability that cannot be excluded or limited by English law.
    6. This Licence and the Order (if any) sets out the full extent of our obligations and liabilities in respect of the supply of ThreatView and the Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of ThreatView and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
  1. COMMUNITY VERSION
    1. This Condition 6 applies solely to the free community version of ThreatView (Community Version). If there is any conflict between this Condition 6 and any other part of this License, Condition 6 shall prevail.
    2. You may make use of the Community Version for so long as you continue to adhere to the terms of this License.
    3. The Community Version is made available on an “AS-IS” and “AS-AVAILABLE” basis. Licensor makes no representations and gives no warranties regarding your use thereof.
    4. Except for any liability which cannot be limited or excluded by law, Licensor’s aggregate liability to you and/or any Authorised User whether in contract, tort (including negligence), for breach of statutory duty or otherwise arising out of or in connection with the use of the Community Version will be limited to GBP 10. You undertake to indemnify, hold harmless, and defend Licensor from and against any loss, cost, damage, or expense, including third party claims and attorneys’ fees, above this limit of liability.
  1. TERMINATION
    1. We may suspend access to ThreatView and the Documents: (i) for your non-compliance with any laws or regulations under Condition 1.4(b); (ii) for any violation of Licensor’s proprietary rights under Condition 3; (iii) for a breach of your obligations under Condition 2; or (iv) for your failure to pay when due any amounts invoiced by Licensor or its authorised representative.
    2. We may terminate this Licence and/or any Order: (i) immediately by written notice to you if you fail to pay when due any amounts due to us and/or our authorised representative under this License or an Order; (ii) you otherwise breach the terms of this Licence or an Order; in either case which you fail to remedy (if remediable) within 14 days after us requiring you in writing to do so; or (iii) for convenience on giving you not less than 30 days’ notice in writing.
    3. On termination for any reason:
      1. all rights granted to you under this Licence shall cease;
      2. you must immediately cease all activities authorised by this Licence; and
      3. you must immediately pay to the Licensor and/or its authorised representative any sums due under this Licence and/or any Order to which its terms apply.
  1. COMMUNICATIONS BETWEEN US
    1. We may update the terms of this Licence at any time on notice to you in accordance with this condition 8. Your continued use of ThreatView and the Documents following the deemed receipt and service of the notice under condition 8.3 shall constitute your acceptance to the terms of this Licence, as varied. If you do not wish to accept the terms of the Licence (as varied) you must immediately stop using and accessing ThreatView and the Documents on the deemed receipt and service of the notice.
    2. If we have to contact you, we will do so by email or by pre-paid post to the address you provided in accordance with the applicable Order.
    3. Any notice:
      1. given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter; and
      2. given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
  1. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 9.2.
    2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
      1. our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
  1. EVENTS OUTSIDE OUR CONTROL

Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use ThreatView and the Documents and for what purposes and those individuals' rights in relation to their personal data and how to exercise them. This information is provided here (Privacy Notice) and it is important that you read that information.

  1. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
    2. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
    3. This Licence and any Order constitutes the entire agreement between you, the Licensor and the Licensor’s authorised representative (if any) and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between these, whether written or oral, relating to its subject matter.
    4. You acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any Order.
    5. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence or any Order.
    6. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
    7. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
    8. Compliance: Ensure your usage of ThreatView complies with the restrictions and conditions stated, particularly regarding data security and compliance with applicable laws.
    9. Updates to Terms: The Licensor reserves the right to update the terms, and continued use of ThreatView will constitute acceptance of these changes. Be vigilant about reviewing any updates to the terms.
    10. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    11. This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.