End User License Agreement

ACCEPTANCE OF THIS EULA

Last Updated: December 24, 2024

PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY REGISTERING TO, ACCESSING, USING, AND BY DOWNLOADING, INSTALLING, COPYING, ORDERING, OPERATING, OR OTHERWISE USING THE RELEVANT SOFTWARE COMPONENTS OF THE FOURCORE ATTACK™️ ADVERSARY EMULATION PLATFORM ("PLATFORM"), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE AGREEMENT AND AGREE TO THE TERMS OF THIS EULA AND ANY ADDENDUM THEREOF. YOU ARE REQUIRED TO REVIEW THIS EULA THOROUGHLY AND ACCEPT THE SAME BY CLICKING THE BUTTON BELOW, PRIOR TO USING THE PLATFORM AND ITS SERVICES. IN CASE YOU FIND ANY ERROR IN THIS EULA, YOU MAY COMMUNICATE THE SAME TO FOURCORE LABS PRIVATE LIMITED ("FOURCORE") IN WRITING AT THE ADDRESS PROVIDED IN CLAUSE 12 OF THIS EULA. IF ANY TERM OF THE EULA IS NOT ACCEPTABLE TO YOU, PLEASE CEASE USING THE PLATFORM FORTHWITH. YOUR CONTINUED USE OF THE PLATFORM SHALL BE DEEMED TO BE AN ACCEPTANCE BY YOU OF THE TERMS OF THE EULA.

DEFINITIONS
1. "Customer" means any and all individual users who are provided access to the Product, by or on behalf of their company or any organisation, or other legal entity that has registered to use the Platform (including by downloading any updates or patches in relation thereto) and downloaded, installed, accessed, operated or otherwise used the Platform in any way. Individual users shall be covered by this EULA even in events where there exists no written agreement of their employment and or association with the company or organisation granting them such access to the Platform. EULA is applicable to Customers granted temporary access to the Platform prior to formal execution of an agreement with FOURCORE, including for the purposes of providing access for any demonstrations.
2. "Network Infrastructure" means the hardware and software that enables network connectivity and communication between users, devices, apps, and the internet, including but not limited to the cybersecurity prevention technologies such as endpoint protection software systems, secure email gateway, data-leakage or loss systems, network intrusion prevention systems, next-generation firewall systems, secure web gateway systems, and other similar prevention technologies.
SOFTWARE REQUIREMENTS
1. The use of the Platform requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. High-speed Internet access is recommended.
2. Since use of the Platform involves hardware, software and Internet access, the Customers ability to access and use the Services may be affected by the performance of the aforesaid factors. The Customer acknowledges and agrees that such system requirements, which may be changed from time to time, are its own responsibility, and any incompatibility thereof cannot be attributed to FOURCORE.
OWNERSHIP OF THE PLATFORM
1. The Customer understands that the Platform and any services provided in connection thereto are the property of FOURCORE and are protected by the Indian and international copyright, trademark and other laws. FOURCORE owns and has the license to use all of the intellectual property rights relating to the Platform, including without limitation, all intellectual property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happen to be registered. However, any third-party software or third-party services made available to the Licensee on the Platform are made available under the relevant third-party software license terms which will be applicable to the Customer in case of the Customers use of such software or services.
2. All rights not specifically granted by FOURCORE hereunder to the Customer are specifically and unequivocally reserved by FOURCORE. It is hereby clarified that FOURCORE reserves the right to advertise, promote, market and distribute the Platform, and to appoint any third parties, at its sole discretion, to advertise, promote, market and distribute the Platform.
3. FOURCORE reserves the right, in its sole discretion, at any time and from time to time, to modify the Platform and any of its offerings hereunder, or to discontinue the Platform, and publication, distribution, sale or licensing of any part of or all of the Platform without any liability of any kind.
SCOPE OF SERVICES
1. The Platform is a cybersecurity software solution designed to assist organizations in identifying, simulating, and mitigating potential cyber threats. The Platform offers tools and functionalities for threat intelligence, attack simulation, risk assessment, and vulnerability analysis. Specifically, the Platform enables users to simulate cyber threats, analyze vulnerabilities and generate risk insights. The Customer may be granted remote access to the Platform and other services in relation to the access to the Platform and any such access shall be construed to be governed by the provisions of this Agreement.
USER OBLIGATIONS
1. The Customer shall be, at all times responsible to ensure that any and all individual users who are provided access to the Platform by or on the Customer's behalf ("Users") access, deploy, use and deliver the Platform strictly in accordance with the terms of this EULA. The Customer agrees that any action or inaction of the Users shall be deemed an action or inaction by the Customer, and the Customer agrees that it shall be held liable and responsible for any action or inaction of the Users in violation of the terms of this EULA. The Customer shall remain responsible for any and all activities under the instances of the Platform managed and enabled by the Users and the Customer remains responsible for identifying and authenticating all Users that access the Platform provided to the Customer for its consumption. To ensure compliance under this EULA and for preventing unauthorized access to the Platform, the Customer shall maintain strict confidentiality of usernames, passwords and account information. FOURCORE shall not be held liable or responsible in any manner whatsoever for any harm caused by Users (including any unauthorized persons who manage to gain access to the instance of the Platform managed by the Customer, who gain access to usernames, passwords and accounts under Customer or its Users' control and management). The Customer agrees to undertake best business practices and make all reasonable efforts to ensure prevention of unauthorized third parties from accessing the Platform. In the case of any unauthorized access to the Platform, the Customer agrees and undertakes to intimate and notify FOURCORE immediately, and no later than 36 (thirty-six) hours of any unauthorized access or use of the Platform.
2. The Customer agrees to use the Platform solely to perform security assessments and other services provided by FOURCORE through the Platform. Customer agrees to use the Platform to make only legitimate actions. The Customer agrees to not Misuse the Platform in any manner whatsoever.
  - "Misuse" includes, without limitation, using the Platform to defame, harass, stalk, threaten, abuse or otherwise violate others' rights as defined by applicable law:
  - Harm or interfere with the operation of others' computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
  - Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
  - Omit or misrepresent the origin of, or rights in, any file Customer download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trade-mark.
  - Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information, moreover, provide FOURCORE'S proprietary information to any 3rd party (including business entities, vendors, integrators etc.).
  - Download or upload files that are unlawful to distribute through the Platform.
  - Interfere with or disrupt the Platform or servers or networks connected to the Platform, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" the Platform.
  - Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at FOURCORE'S computer systems or otherwise, create unreasonable load upon any of FOURCORE'S computer hardware, network, storage, input/output or electronic control devices or infrastructure.
  - Transmit any information or software obtained through the Platform, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Platform.
  - Falsely use a password or personal identification number during logging into the Account or misrepresent one's identity or authority to act on behalf of another.
3. The Customer shall be liable to compensate FOURCORE for any acts or omissions directly attributable to the Customer or its employees or its permitted users that are in violation or contravention of this Clause, and FOURCORE shall be entitled to terminate this EULA immediately without any notice to the Customer and claim indemnification for any losses attributable to such contravention.
  
  The Customer undertakes that it shall not purchase the Platform from any party other than FOURCORE or its authorized distributors.
4. Except as expressly authorized by this EULA, the Customer, in any capacity whatsoever under this EULA, shall not (and shall not permit or cause any third party, including any Customer User to) do any of the following: (a) modify, disclose, alter, translate or create derivative works of the Platform (or any components thereof) or any accompanying documents executed/provided by or with FOURCORE in relation to the Platform; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Platform (or any components thereof) or any accompanying documents executed/provided by or with FOURCORE in relation to the Platform; (c) disassemble, decompile or reverse engineer the Platform; (d) use the Platform in any illegal way, in violation of any law or regulation or third party property or personal right, including, to store or transmit infringing, libelous or otherwise unlawful or tortious material, or material in violation of third-party property, personal or privacy rights; (e) use the Platform to store or transmit any viruses, software routines or other code designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions; (f) copy, frame or mirror any part or content of the Platform; (g) access or use the Platform to build a competitive Platform or service, or copy any features or functions of the FourCore Technology; (h) interfere with or disrupt the integrity or performance of the Platform; (i) attempt to gain unauthorized access to the Platform or their related systems or networks or to another user account; (j) disclose to any third party or publish in any media any performance information or analysis relating to the Platform without consent of FOURCORE; (k) remove, alter or obscure any proprietary notices in or on the Platform any Customer accompanying documents executed/provided by or with FOURCORE in relation to the Platform, including copyright notices (l) probe, scan or test the vulnerability of the Platform, or take any action in an effort to circumvent the Platform; test the vulnerability of the Platform, breach the security or authentication measures on the Platform, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform; (m) make unauthorized, false or misleading or illegal statements concerning the subject matter of this EULA, including the Platform; (n) white label the Platform or rename the Platform or imply in any manner whatsoever that the Customer is the owner of the Platform or otherwise falsely represent the relationship between FOURCORE and the Customer. All restrictions stated herein with respect to the Platform apply to any components of the Platform.
CONFIDENTIAL INFORMATION
1. "Confidential Information" includes: (a) the Platform; (b) any personally identifiable data or information regarding any Customer; (c) any and all information disclosed by FOURCORE to the Partner, in whatever format, that is either identified as or would reasonably be understood to be confidential and/or proprietary; (d) the terms and conditions of this EULA; and (e) FourCore's Intellectual Property ("FourCore's Intellectual Property" shall refer to any and all patents, utility models, trade and service marks, trade or business names, know-how, domain names, rights in designs, copyrighted works, underlying works, ideas, concepts, creations, discoveries, inventions, improvements, software codes (including object code and source code), tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, topography rights and rights in databases, or any written or verbal instructions or comments used in the creation of the Platform for the full term of all rights, title and interest, including any extension to or renewal of the terms of such rights and including registrations and applications for registration of any of these and rights to apply for the same and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.)
2. Confidential Information does not include information received from FOURCORE that the Customer can clearly establish by written evidence:
  - is or becomes known to the Customer from a third party without an obligation to maintain its confidentiality.
  - is or becomes generally known to the public through no act or omission of the Customer; or
  - is independently developed by the Customer without the use of Confidential Information.
DATA PRIVACY
1. "Personal Information" shall have the meaning ascribed to such term in FOURCORE'S privacy policy, as amended from time to time and available at fourcore.io/privacy-policy. FOURCORE shall always handle the Customers' Personal Information in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, its privacy policy and this EULA.
2. Anonymized Data
  Notwithstanding anything to the contrary of this EULA, FOURCORE may monitor, collect, use and store anonymous and aggregate statistics and/or data regarding use of the Platform solely for FOURCORE'S business purposes (including, but not limited to, improving the Platform and creating new features) and such anonymized and aggregate data shall not be considered Customer Data.
REPRESENTATIONS AND WARRANTIES
1. The Customer represents and warrants that: (a) it is validly existing and in good standing under the laws of the place of its establishment or incorporation; (b) it has full corporate power and authority to execute, deliver and perform its obligations under this EULA; (c) the person signing this EULA on its behalf has been duly authorized and empowered to enter into this EULA; and (d) this EULA is valid, binding and enforceable against it in accordance with its terms.
2. Disclaimer of Warranties
  EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN, FOURCORE MAKES NO OTHER WARRANTIES RELATING TO THE PLATFORM, EXPRESS OR IMPLIED. FOURCORE DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PLATFORM.
LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY (INCLUDING ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES) BE HELD LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS EULA UNDER ANY CONTRACT, STRICT LIABILITY OR OTHER THEORY: (A) FOR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND EITHER PARTY'S REASONABLE CONTROL; OR (D) FOR AN AGGREGATE AMOUNT THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEEDS 5% (FIVE PERCENT) OF THE FEES PAID BY THE CUSTOMER TO FOURCORE UNDER THIS EULA OR ANY DOCUMENTS EXECUTED IN RELATION TO THIS EULA IN THE 12 (TWELVE) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE CLAIM WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM AND TERMINATION
1. Term
  Unless otherwise agreed to in writing among Parties in a written addendum or another document executed by both Parties specifically superseding this EULA by reference, the term of this EULA will begin on the Effective Date and continue for a period of 12 (twelve) months (the "Initial Term"). Thereafter, the EULA will automatically renew for additional successive periods of 12 (twelve) months (each, "Renewal Term" and together with the Initial Term, "Term"), unless: (i) terminated in accordance with the provisions of this EULA, or (ii) either Party notifies the other in writing no less than 60 (sixty) days prior to the close of then-current Initial or Renewal Term of its intention not to renew.
2. Termination
  Either Party may terminate this EULA (i) for cause, if the other Party (a) materially breaches this EULA and does not cure such breach within thirty (30) days after its receipt of written notice of such breach; or (b) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority; or (ii) without cause upon sixty (60) days advance written notice. Additionally, FOURCORE may terminate this EULA immediately for cause by providing concurrent notice to the Customer if: (A) FOURCORE believes that the Customer is using the Platform in any unauthorized manner likely to cause losses or irreparable harm to FOURCORE or the Platform; or (B) the Customer breaches the obligations laid down under clause 5 of this EULA.
3. Effects of Termination
  Upon termination of this EULA for any reason whatsoever: (a) all rights and licenses granted to the Customer will immediately terminate and the Customer shall immediately remove all components of the Platform from its Network Infrastructure and return or destroy all copies of the Platform; (b) all of FOURCORE'S obligations under this EULA (including, performance of the support obligations, if any) will immediately cease; (c) Customer shall immediately pay to FOURCORE any and all amounts due and payable up to the effective date of termination of the EULA; (d) Customer shall not be eligible to request for refunds in the event of subscription based services being terminated prior to their end date; (e) each Party will promptly return to the other Party all Confidential Information of such other Party then in its possession or destroy all copies of Confidential Information of such other Party, at such other Party's sole discretion and direction.
DISPUTE RESOLUTION

If there is any controversy, claim, or dispute between the Parties arising out of or the interpretation or breach of this EULA, the Parties shall endeavour to settle it promptly, in good faith. If the dispute cannot be resolved, the Parties shall promptly initiate and participate in good faith mediation of the dispute, with the mediator to be selected jointly by the Parties or, if the Parties cannot agree upon a mediator, then by a mediator to be selected jointly by two mediators selected by the Parties. If the dispute is not resolved through mediation, the Parties shall promptly submit such dispute to binding arbitration. All proceedings in any such arbitration shall be conducted in English. The arbitration shall take place in Delhi and shall be governed by the Arbitration and Conciliation Act, 1996 or its subsequent modification(s) or amendment(s) as applicable. Judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Nothing shall prevent either Party from directly seeking injunctive or other equitable relief from any court of competent jurisdiction in situations where (i) the matter concerns the use of Confidential Information or (ii) damages would not adequately compensate for an alleged breach of this EULA.
NOTICES

All notices, requests, demands and other communications given or made in accordance with the provisions of this EULA shall be in writing by letter or email with a signed PDF attachment. All notices shall be given to or made to FOURCORE as follows:

To FourCore: FourCore Labs Private Limited
Address: D-8/9, G/F Feroz Shah Kotla, Near Indian Express Building, New Delhi - 110002
Attention: Director, FourCore Labs Private Limited
Email: team@fourcore.io Copy: aarush@fourcore.io
MISCELLANEOUS PROVISIONS
1. Publicity
  FOURCORE may use the Customer's name, logo, or trademarks or issue a press release or public announcement regarding this EULA only with the prior written consent of the Customer.
2. Assignment
  Neither Party shall assign or transfer or sublicense its rights and obligations under this EULA without the prior written consent of the other Party.
3. Severability
  If any provision of this EULA shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this EULA shall remain unaffected and valid.
4. Waiver
  No waiver will be effective unless it is in writing and signed by the authorized representative of the Party condoning the waiver.
5. Independent Status
  No agency, partnership, joint venture, or employment is created by this EULA and the Customer does not have authority to bind FOURCORE in any respect, except in accordance with the terms of the EULA.
6. Survival
  After this EULA or any other document specifying the terms & conditions between the Parties in relation to the subject of this EULA terminates, those terms that expressly or by their nature contemplate performance after termination or expiration shall survive and continue in full force and effect.
7. Class Action Waiver
  Where permitted under the applicable law, the Customer agrees that it may bring claims against FOURCORE only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both FOURCORE and the Customer, as a party to this EULA agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.