© 2023 Cybellum Technologies Ltd All rights reserved. No portions of this document may be reproduced without prior written consent from Cybellum Technologies Ltd.
Cybellum®, the Cybellum logo, Cybellum Product Security Assessment and Cybellum Product Security
Operations are trademarks or registered trademarks of Cybellum in the United States and/or other countries.
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All other brands or products are trademarks or registered trademarks of their respective holders and should be treated as such.
The Cybellum software, user interface and/or information contained herein are Cybellum Technologies Ltd. proprietary. Any and all rights including all intellectual property rights associated therewith are reserved and shall remain with Cybellum Technologies Ltd Rights to use, if any, shall be subject to the acceptance of the End User License Agreement provided with the software.
Information in this document is subject to change without notice.
For more information, refer to Cybellum Technologies Ltd website at http://www.cybellum.com.
If you have comments about this documentation, submit your feedback to [email protected].
The information contained in these documents is confidential, privileged and only for the information of the intended recipient and may not be used, published or redistributed without the prior written consent of Cybellum Technologies Ltd.
Table of Contents
The Company’s Representations 3
License Grant 3
The License is Personal, Non-Assignable, Non-Transferable, and Royalty-Free 4
Term of This License 4
Additional Software 5
Data Collection 6
Governing Law, Jurisdiction 7
Last Updated: June 4, 2023
This License between Cybellum Technologies LTD and the customer (the “Company”) is a binding agreement licensing the use of Cybellum (the “Software”) by the company. It is the only agreement between Cybellum Technologies LTD and the company, and therefore if the company does not agree to any of the terms stipulated in it, the company cannot use the Software.
The Software is licensed, and not sold, and therefore this document does not convey any ownership, title or right in the Software.
The Company’s Representations
The Company represents and warrants that it is under the legal capacity to enter into this License and that: (i) it isn’t registered in any state or country sanctioned by the US government; (ii) it is not a member of any terrorist organization or unlawful organization; (iii) it was not previously denied service with Cybellum Technologies LTD; (iv) it is not prohibited or limited, under applicable law, from entering into this License.
Cybellum Technologies LTD hereby grants the Company a limited license to execute, use, and store a copy of the Software, all under the limitations stipulated in this Agreement.
The company may not make any changes, amendments or updates to the Software by itself.
The company shall not allow its end-users to redistribute or bundle the Software with their own software as a part of a larger work.
Each License is granted for just one instance of the software. Any use in excess of the permitted number shall be considered as a breach of this License.
The License is Personal, Non-Assignable, Non-Transferable, and Royalty-Free
Unless otherwise permitted under this License, the Company may not sub-license, lease, rent or otherwise allow third parties to use the Software or any rights granted herein, or any portions thereof. If the Software is provided in source code and is meant to be user-facing, then such user facing use shall not be considered as a breach of this License. The Company may not assign or transfer it rights and duties under this License.
The company may use the Software for any legal purpose, including paid-services, without any royalties, as long as the fees under this License are paid-up.
Term of This License
The License is temporary and the payment made is the sole payment required to use the Software during the License term, as long as no breach was made by the Company. If the Company’s license is temporary, then Cybellum Technologies LTD may apply recurring billing methods to bill the company unless the company notified it, in advance, regarding its wish to terminate such license at the end of the term. Upon termination of the License, the Company shall cease from using the Software and delete all copies it may have of it. If the Company was permitted to license the Software to others as a part of an SDK, then the Company shall withdraw the Software upon the next update the Company may issue to its end-users, which shall be made no later than 60 days following expiration of the term.
Cybellum may use the Company’s logo and trademark as a reference client, both in our website and in our marketing material.
The Company also agrees that its use of the services shall be bona-fide, and that it shall not attempt to circumvent any protection mechanism, try to obstruct the services, attempt to reverse-engineer or decompile them or otherwise make any use that might cause us, or our staff, harm or damages.
The Software comes with upgrades, updates and fixes. However, Cybellum Technologies LTD is under no obligation to update the Software, upgrade it or fix any bugs apart from under the Warranty section. Cybellum Technologies LTD may notify the Company using electronic communication on the availability of any upgrades, updates and fixes, and according to the company’s specific license it may choose whether to install such upgrades, updates and fixes.
Software is sometimes distributed alongside third party libraries that are licensed under different licenses, including open-source software. In this case: No third parties are included in the software.
Cybellum’s Technologies LTD liability to the Company shall be limited only to direct damages which occurred due to Cybellum Technologies LTD’s breach of this license agreement or applicable law, and shall not exceed the amount actually paid by the Company to Cybellum Technologies LTD during the 90-day period prior to such damage occurring.
For Intellectual Property: Cybellum Technologies LTD hereby warrants that the software does not violate or infringe any third-party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
Bug Fixes: Cybellum Technologies LTD shall fix any bug, error or flaw in reasonable time and shall ensure that the Software shall perform according to its specifications.
No Other Warranty: Software is provided without any other warranty; Apart from Cybellum’s breach of the warranties herein, The Company shall be solely liable to any damage, defect or loss incurred as a result of operating the Software and undertake the risks contained in running Software on its computers.
Prior Inspection: The Company hereby represents and warrants that it inspected Software thoroughly and found it satisfactory and adequate to the company’s needs, that it does not interfere with the regular operation of the company’s business and that it does meet the standards and scope of the company’s computer systems and architecture.
Installation of the Software or delivery of this License shall be deemed as final acceptance and means that the Company has made all required acceptance tests and that they were met according to its full satisfaction. The License shall be deemed as activated on the moment that the Software was first run or upon acceptance of this License, the earlier of the two.
The company hereby waive any claims regarding Software’s incompatibility, performance, results and features, and warrant that it inspected the Software.
The Company hereby warrants to hold Cybellum Technologies LTD harmless and indemnify Cybellum Technologies LTD for any final judgment in a lawsuit brought against it in regards to the Company’s use of Software in a manner that violates, breaches or otherwise circumvents this license, Cybellum Technologies LTD’s intellectual property rights or Cybellum Technologies LTD’s title in Software or any applicable law or agreement. Cybellum Technologies LTD shall promptly notify the company in case of such legal action and request the company’s consent prior to any settlement in relation to such lawsuit or claim.
Cybellum Technologies hereby warrants to hold the Company harmless and indemnify it against any final judgment in a lawsuit brought against it based on Cybellum Technologies LTD’s breach of intellectual property rights. The Company shall promptly notify Cybellum Technologies LTD in case of such legal action and shall request Cybellum Technology’s consent prior to any settlement in relation to such lawsuit or claim.
Cybellum Technologies may collect technical, statistical and non-personally identifiable data which does not and cannot identify either you as an end-user, your confidential data, or your specific end-users. Such data shall be only used to diagnose and manage the service and to improve the services for you and for other users. In such usage no data shall be disclosed to third parties.
Governing Law, Jurisdiction
The laws of the state of Israel shall apply in case of any dispute arising from this License and the competent courts in Israel.