This EUA enters into force, when End User has accepted this EUA.
By using the Service, End User accepts this EUA.
END USER ACCEPTS THE FOLLOWING CONDITIONS
Article 1. Definitions
In the EUA several terms are used, in singular or plural form, that start with a capital letter and are defined as the words that are written in italic in this article.
- Agreement: the agreement regarding the use of the Services between Organization and Partner.
- Guardian360: The private limited liability company “Guardian360 B.V.”, and any successor thereof.
- Functionality: the functionality of the Services.
- EUA: this end user agreement.
- End User: the natural person who uses the Service(s) (you).
- Organization: The organization which makes the Functionality available to End User (e.g. because the End User works for the Organization).
- Distributor: a distributor authorized by Guardian360, as it can be found on the website of Guardian360, which list can be updated by Guardian360 from time to time.
- Partner: the Guardian360 authorized partner, which enters into agreements with Organization regarding the use of the Functionality.
- Service: a service of Guardian360 which is delivered through the internet to Organization by Partner.
Article 2. Indemnification
- End User guarantees that the networks and equipment scanned by the Services and/or which are subject to any testing and/or auditing, are owned and/or administered by Organization. End User indemnifies Guardian360 against any claims of third parties relating to scanning networks and equipment not owned or administered by Organization, with the Services.
- End User herein grants Guardian360 authority to scan the networks and equipment of Organization, or subject it to tests and/or audits, with the Services during the term of the Agreement. End User guarantees never to undertake any (legal) steps against Guardian360 or its staff for access to computer systems with the Services, for instance, End User should refrain from reporting to the police any computer trespassing by Guardian360 or its staff. The aforementioned guarantee does not apply if and insofar as Guardian360 abuses the possibility to intrude into the computer systems of Organization.
- Although the Services have been designed by Guardian360 with great care, it might occur that the Services damage (data) files or databases of Organization, with the possible consequence that data and/or (web) applications of the Organization are unavailable. Guardian360 shall not be liable for damages as a result of this, except for a situation in which the damages are caused as a result of intent or conscious recklessness (In Dutch: “opzet of bewuste roekeloosheid”) of the top level management of Guardian360. It is therefore the responsibility of End User to make periodic, at least daily, adequate backups of the data(bases) and applications to which the Services might have access.
Article 3. Effect and duration
- The EUA becomes effective the day that it is been accepted by End User.
- This EUA terminates when the Agreement between Distributor or Partner and Organization is terminated.
Article 4. Other stipulations
- This EUA is governed by the Laws of the Netherlands.
- Guardian360 does not support End User directly regarding the use of the Service. For support the End User must contact the Organization, Distributor or Partner.