End-User License Agreement Threat Intelligence (TI)

By using the Software in any way and registering on the Web Portal, the User agrees to comply with all the terms and conditions in this End-User License Agreement (hereinafter – EULA). If the End User does not agree with all or part of the terms and conditions in this EULA, the End User should stop using the Software.

This End-User License Agreement constitutes an integral part of the Agreement according to section 1.4 hereof.

In the event of any discrepancies, the terms and conditions of the Agreement will prevail over the terms and conditions of this EULA. In the event of any discrepancies, the terms and conditions of any existing license agreement or any other agreement that may serve as a basis to provide the End User with rights to use the Software, these agreements will prevail over the terms and conditions of this EULA.

 

1. Definitions

Activation means the moment when the End User creates a password for the account on the Web Portal.

Agreement means a license agreement or another agreement concluded with the Licensor or its partner that serves as the basis for granting the End User the right to use the Software.

End User means an individual who legally uses the Software on their own behalf or on behalf of their employer, a legal entity (or based on contracts with the legal entity).

Licensor (owner of the exclusive rights to the Software) means a legal entity that is a party to a respective Agreement and that is a part of Group-IB group of companies.

Service Level Agreement means a document governing the timeframes and procedure for the provision of a warranty maintenance by the Licensor and the terms of the Software availability, located online at: https://tap.group-ib.com/, which is an integral part of the EULA (Annex 1).

Software means Group-IB Threat Intelligence (hereinafter “Group-IB TI”), which is designed to monitor the activities of threat actors in computer networks and ensure that the person for whom the Software was purchased or activated is protected against cyber threats.

Update(s) means any Software upgrades, patches, enhancements, and modifications.

User Manual means support materials relating to the Software and provided to the End User electronically on the Web Portal.

Web Portal means the cloud user interface located at tap.group-ib.com, which the End User needs in order to operate the Software.

2. License granting and Software activation

2.1. The End User is granted a non-exclusive license to use the Software from the moment that the Software is activated and during the timeframe specified in the respective Agreement (if available) or during the term displayed in the End User account on the Web Portal, in accordance with the technical requirements described in the User Manual and the terms and conditions of the EULA and the respective Agreement.

2.1.1. The End User is granted the right to use the Software by reproducing it via Internet using the Web Portal.

2.1.2. The term, usage area, and license fee are specified in the respective Agreement.

2.2. After activating the Software, the End User has, during the time specified in the respective Agreement or in the End User account on the Web Portal, the right to automatically receive Software Updates when the Licensor releases them as well as technical support in accordance with section 3 hereof.

2.3. Software functionality depends on the type of the License used and specified in the respective Agreement and corresponds to the description in the User Manual.

2.4. From the Activation date, the End User should use the Software intended for informational purposes for such purposes only (informational purposes includes testing/ PoC/trials) during the trial period specified in the Agreement. It is prohibited to use the Software for other purposes or after the trial period ends.

2.5. The End User must keep their Web Portal account login details safe and cannot transfer them to third parties. The End User is liable for any actions carried out on the Web Portal through its account. 1 / 5 Threat Intelligence EULA

2.6. To ensure that the Software is being used legally, the Licensor has the right to use appropriate means to verify that the End User holds a licensed copy of the Software, whereas the End User must provide, at the Licensor’s request, documents confirming that it is using the Software lawfully

3. Warranty maintenance

3.1. As part of warranty maintenance, the Licensor must ensure that the Software functions properly by repairing it in case of errors (malfunctioning) that affect the Software’s functionality.

3.2. As part of warranty maintenance, the Licensor must ensure the End User is allocated a number of hours to consult with an analyst for the purposes of raising questions and conducting tailored research (Request for information, RFI).

3.3. If any malfunctioning or errors occur while operating the Software, the End User can send a request to [email protected] or via the End User account on the Web Portal by filling in a feedback form, as a result of which the request is automatically registered on the Web Portal.

3.4. All End User requests (regardless of the method used to send them) and analyst responses will be registered on the Web Portal.

3.5. The Licensor will process End User requests and provide warranty maintenance in the manner and terms set out in the Service Level Agreement (Annex 1 to the EULA).

4. Transfer of information

4.1. To ensure that the Licensor’s and End User’s information security protection on the Web Portal, including preventing unauthorized access by third parties to the Web Portal and preventing the End User’s credentials from being compromised, the End User agrees to automatically provide the Licensor with the following information after Activation:

4.1.1. User data: * An impersonal user identifier in an automated system that cannot identify an individual without additional information; * Characteristics of user interaction with the Web Portal, including the use of the keyboard, mouse, and navigation on the Web Portal.

4.1.2. Data about the page of the protected Web Portal: * JavaScript code loaded onto the Web Portal pages; * The structure and attributes of web forms located on the Web Portal pages; * Attributes of the following HTML elements: iframe, object, embed, applet; * URL requests from web pages to third-party domains; * Content of the DOM of the web page or its separate elements.

4.1.3. Data about the browser through which the Web Portal is accessed: * User-Agent, which includes: * Browser and its version; * Operating system and its version; * Operating system bit count; * Name and model of the End User’s device. * Accept-Encoding (an HTTP header that specifies a list of supported methods for encoding the content of an entity during transmission); * Accept-Language (an HTTP protocol header that specifies a list of supported natural languages); * Screen resolution; * Color depth; * ActiveX availability; * Time zone; * Browser fonts; * Browser plugins; * Supported languages; * Canvas print; * The number of logical CPU cores; * The amount of RAM; * WebGL parameters.

4.2. If the End User runs the Software on behalf of a third party (a legal entity such as an employer or on the basis of contracts concluded with such a legal entity), the legal entity must obtain the consent of the End User who is the subject of the personal data to process any personal data collected for the purposes specified in clause 4.1. herein.

4.3. If the End User disagrees with the terms and conditions stipulated in clause 4.1. of the EULA, and if the End User does not give consent to a third party in accordance with clause 4.2. hereof, the End User should stop using the Software.

5. Limitations

5.1. The End User must not copy, distribute, decompile, reverse engineer or modify the Software, or create derivative works based on the Software or any portion thereof, except as otherwise provided for by applicable legislation.

5.2. The End User must not transfer the right to use the Software to any third party nor assign its rights under the Agreement or the EULA.

5.3. The End User must not lease, rent or loan the Software to any third party.

5.4. The Software must not be used to carry out any illegal activities.

5.5. The End User must not perform any Software security checks and/or detection of vulnerabilities without prior permission of the Licensor, as this may affect the performance and availability of the Web Portal and lead to misfunctioning of the Web Portal.

6. Limited Warranty and Disclaimer

6.1. The Licensor guarantees that the Software will work according to the specifications and descriptions set forth in the User Manual.
6.2. The End User acknowledges that no Software is free from errors. 2 / 5 Threat Intelligence EULA
6.3. The Software is provided to the End User “as is”. The Licensor cannot guarantee that the Software will perform without any errors in an uninterrupted way or that it will meet the End User’s expectations and objectives except for any warranty, condition, representation or term the extent of which cannot be excluded or limited in accordance with applicable law and the Service Level Agreement.

7. Liability

7.1. If the End User fails to perform this EULA or performs in an improper manner, the End User will be liable hereunder and in accordance with applicable law.

7.2. To the maximum extent permitted by applicable law, under no circumstances can the Licensor be held liable or responsible for any damages (including damages for loss of profits or information, for business interruption, and for any other pecuniary loss) arising from using or being unable to use the Software, even if the Licensor has been informed about the possibility of such damages. In any case, the End User agrees that if the Licensor and/or its Partners are found liable, the liability of the Licensor will be limited to the cost of the Software. These limitations cannot be excluded or limited according to applicable law.

7.3. Infringements on intellectual property rights to the Software may result in legal prosecution against the End User according to applicable law. The End User will be subject to a fine in the amount of 10 000 USD for each case of violation of intellectual property rights to the Software.

7.4. If the End User violates any of the terms hereof, the Licensor will have the right to terminate the License Agreement at any time without prior notice and to block the license without reimbursing the cost of the Software or any part of it.

8. Open-Source (Free) Software

8.1. The Software includes, or may include, some programs licensed (or sub-licensed) to the End User under the GNU General Public License (GPL) or other similar free software licenses (Open Source License) which, among other rights, allow the End User to copy, modify and redistribute certain programs or portions thereof and to have access to the source code (“Open-Source Software”). If such licenses require that, for any software which is distributed to the End User in an executable binary format, the source code also be made available to the End User, then the source code should be made available by sending the request to [email protected]. If any Open-Source Software licenses require the Licensor to provide rights to use, copy or modify an Open- Source Software program that are broader than the rights granted in this EULA, then such rights will prevail over the rights and restrictions herein.

9. Intellectual property rights

9.1. The End User acknowledges that the Software, documentation and other objects of copyright, trademarks and other information contained in the Software are the proprietary intellectual property of the Licensor. This EULA does not grant the End User any rights to use the Right Holder’s intellectual property, including trademarks and service marks, except for those granted to the End User under the respective Agreement (if applicable).

9.2. This License Agreement does not grant the End User any rights to use the other Licensor’s intellectual property, including trademarks and service marks. The End User may not remove or alter any copyright notices or other proprietary notices on any copies of the Software. The Licensor retains all the rights to the Software and other intellectual property that are not directly granted to the End User hereunder.

10.Confidentiality

10.1. The End User must ensure the confidentiality of content and other information contained on the Web Portal in accordance with the rules of the Traffic Light Protocol (hereinafter “TLP”) described in clause 10.2. hereof. The End User must also ensure the confidentiality of credentials (login and password) of the End User account on the Web Portal (hereinafter” Confidential Information”) during the period of using the Software, starting from the date of its Activation, and for five years from the date of termination of the use of the Software.

10.2. TLP is a set of color codes to mark Confidential Information on the Web Portal and determine its level of confidentiality. It is also used to determine who can be provided with access to Confidential Information (hereinafter “TLP Rules”):

TLP color Permitted cases of information use List of persons the information can be shared with
TLP: Red The Licensor and End User (the Parties) must strictly control information sharing as misusing the information could lead to detrimental consequences for a Party’s privacy, reputation, or operations. The information can be used exclusively by the End User of the Web Portal. The User does not have the right to transfer the information to any third parties, including any employees at the End User’s employing company or a legal entity on whose behalf the End User has accepted the terms of the EULA.
TLP: Amber It is possible to share the information when it is necessary for the Party’s activities, provided that it is not shared outside of the organizations involved. Misusing the information carries risks to the Party’s reputation or operations. The information can be used by the End User of the Web Portal and/or the employees of the legal entity of the End User’s employer (a legal entity), and/or employees of the legal entity on whose behalf the End User accepted the terms of the EULA, and/or affiliated companies of the specified legal entities, and/or consultants/contractors performing work/providing services aimed at ensuring the confidentiality of the information, subject to the justified need for the individuals to have access to the information.
TLP: Green It is possible to share the information when it is useful and necessary for raising the awareness of peers within the broader community or organization within the Party’s sector. The information may be disclosed to individuals identified in the Amber TLP category and to partner organizations in their sector or community. At the same time, exchanging the information via public communication channels is not allowed. Publishing the information in the media, in open online sources, or in other sources available to the public is not allowed.
TLP: White Sharing the information with the public carries minimal risk for the Party, if it is misused. The information can be shared without restrictions in accordance with the requirements of applicable law in relation to the use of objects of copyright, as well as other intellectual property objects subject to the restrictions established herein.
10.3. The End User hereby agrees not to disclose Confidential Information to third parties if it violates the terms herein and without prior written consent from the Licensor.
10.4. Under this Agreement, disclosing Confidential Information means an action or omission made by the End User that leads to Confidential Information becoming known to third parties without prior consent from the owner (the Licensor), regardless of the form of disclosure (oral, written, disclosed using technical means, etc.).
10.5. Providing Confidential Information at the request of law enforcement agencies or other authorized state bodies and officials as provided for by applicable law as well as providing Confidential Information to shareholders/members (if providing such information is not prohibited in accordance with the TLP Rules for this category of information and if the End User is an authorized representative of the organization) will not be regarded as disclosure, nor will providing information to shareholders/participants.
10.6. If the End User discloses Confidential Information to the specified bodies and/or individuals, the End User must notify the Licensor in writing of having provided such information, its content, and the body or individual to whom the information was provided, within two business days from disclosing the Confidential Information.
10.7. The End User must take all reasonable measures to protect Confidential Information from unauthorized access by third parties, including: 4 / 5 Threat Intelligence EULA — ensuring the safety of Confidential information from unauthorized access by third parties; — restricting access to Confidential Information, including access for employees who do not need to be familiar with the information.
10.8. The End User must immediately notify the Licensor about any known disclosure or threat of disclosure, illegal receipt, or use of Confidential Information by third parties.
10.9. The End User must not unilaterally stop protecting the Confidential Information contained herein.

11. Arbitration & Applicable law

Any dispute, controversy or claim arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 (one) arbitrator. The language to be used in the arbitral proceedings shall be English. This Agreement shall be governed by the Singapore law.

12. Final provisions

12.1. The Licensor reserves the right, in its sole discretion, to change, modify, add, or remove portions of this EULA on a going- forward basis at any time by making such modified EULA available to the End User on the Web Portal or through the Software, or both. The EULA will be effective immediately upon posting, except in the event any such modification materially alters End User rights hereunder. In this latter case, the Licensor will notify End-User directly through a message sent to the email address End User have provided to the Licensor if any, or a pop-up window or other notification when End User access or use the Software, in which End-User will be required to explicitly provide End-User informed consent with such material modifications. In the absence of such explicit consent, End User will be deemed to withdraw his acceptance of this Agreement, in which case End-User will need to uninstall and discontinue his use of the Software at that time.

12.2. This EULA is available to the End User at: https://tap.group-ib.com/info/eula.

12.3. If the End User violates any of the terms of this EULA, the Licensor may unilaterally terminate and/or limit the use of the Software without notifying the End User in writing.

12.4. Export and Government Restrictions. End User may not transfer, export or re-export the Software in violation of any applicable laws or regulations including but not limited to those of the United States of America and the European Union. In addition, if the Software is identified as export controlled items under the export laws of the United States of America or the European Union, End User represents and warrants that he/she is not a citizen, or otherwise located within, an embargoed nation and that he/she is not otherwise prohibited under applicable export laws from receiving the Software. All rights to use the Software are granted on the condition that those rights are forfeited if End User fail to comply with the terms of this EULA.

12.5. End User acknowledges that under the applicable law, it is unlawful directly or indirectly, to make any payment or to give anything of value to any foreign official (other than a foreign official whose duties are essentially administrative or clerical) or to any foreign political party, any official of a foreign political party or any candidate for foreign political office for the purposes of influencing any action or failure to take action on the part of such person in connection with the obtaining, retaining or directing of business to any person or company. End User will not make any such payment, directly or indirectly, on behalf of Licensor.

12.6. Notices. Except as otherwise provided herein, all notices, consents, requests, instructions, approvals and other communications made, required, or permitted under this EULA will be given at the addresses set forth in the Agreement, by (i) personal service, deemed effective on the reported delivery date; (ii) recognized international or overnight courier, deemed effective on reported delivery date; or (iii) email transmission against receipt confirmation, deemed effective on delivery date confirmation.

12.7. Entire Agreement. This EULA, together with the Agreement constitutes the entire agreement between the Licensor and the End User, and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.

13. The Licensor’s contact details

Email: [email protected]
Website: www.group-ib.com