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authorAlexandre ZANNI2019-09-24 14:44:52 +0200
committerAlexandre ZANNI2019-09-24 14:44:52 +0200
commit5c776d651fae098570f8637e78aaf6b31f8b41e5 (patch)
treee181da57945d85d09926ff2280fc33a5c204a437
parentb372f6d297a1532c9c5baa88d1b39b5f04f290ce (diff)
downloadaur-5c776d651fae098570f8637e78aaf6b31f8b41e5.tar.gz
automatic install
-rw-r--r--.SRCINFO6
-rw-r--r--LICENSE221
-rw-r--r--PKGBUILD6
-rw-r--r--nessus.install18
4 files changed, 153 insertions, 98 deletions
diff --git a/.SRCINFO b/.SRCINFO
index 5ab66eb4f0d..c7faa6396ed 100644
--- a/.SRCINFO
+++ b/.SRCINFO
@@ -1,20 +1,20 @@
pkgbase = nessus
pkgdesc = Nessus vulnerability scanner
pkgver = 8.6.0
- pkgrel = 1
+ pkgrel = 2
url = https://www.tenable.com/downloads/nessus
install = nessus.install
arch = x86_64
license = custom
depends = gnupg
- source = http://localhost:8000/Nessus-8.6.0-fc20.x86_64.rpm
+ source = nessus-8.6.0-fc20.x86_64.rpm::https://www.tenable.com/downloads/api/v1/public/pages/nessus/downloads/9752/download?i_agree_to_tenable_license_agreement=true
source = nessus.desktop
source = nessus.sh
source = LICENSE
sha256sums = b1508aa7353aef36ec780947e942cdb4fa25c6412a6286ec7b5a31f0cefc8e59
sha256sums = 8c5e82d609a7290c34cbfa5635012cb66820e4e2c1db2bf5808fc306fcefdc30
sha256sums = 9b8e2c15d86ce7b83806a27bd6685f009ad339f3ea52022b87a75fbd2802ec5a
- sha256sums = 089073d03bf83e101b50da858348ace6bb2a553ce2249532d6f5d7ed29182dac
+ sha256sums = d647aedd39d571faa3f1a9906db561eecbd9c41605ba7f562261ffb04877ba26
pkgname = nessus
diff --git a/LICENSE b/LICENSE
index 24b417b2ced..691acb8ae57 100644
--- a/LICENSE
+++ b/LICENSE
@@ -1,93 +1,130 @@
-TENABLE NETWORK SECURITY, INC.
-NESSUS®
-SOFTWARE LICENSE AND SUBSCRIPTION AGREEMENT
-This is a legal agreement (“Agreement”) between Tenable Network Security, Inc., a Delaware corporation having offices at 7021 Columbia Gateway Drive, Suite 500, Columbia, MD 21046 (“Tenable”), and you (“You”), the party licensing Software and/or downloading the Plugins through Tenable’s subscription service (as each capitalized term is defined below). This Agreement covers Your permitted use of the Software and/or the Plugins, as applicable (collectively, the “Licensed Materials”). BY CLICKING BELOW YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IN ADDITION, IF YOU HAVE PREVIOUSLY LICENSED THE SOFTWARE AND/OR THE PLUGINS, BY CLICKING BELOW YOU INDICATE YOUR ACCEPTANCE THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY EARLIER AGREEMENTS AND THAT ALL COPIES OF THE LICENSED MATERIALS IN YOUR POSSESSION WILL BE DEEMED TO BE LICENSED UNDER AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You do not agree with the terms of this Agreement, You may not use the Licensed Materials. The Licensed Materials can only be provided to You by Tenable. The term “Agreement” includes any exhibits to the document.
-
-1. Grant of Licenses.
-(a) Software License Grant. “Software” means (i) Nessus 5.x or higher that You download from any authorized Tenable website, including www.nessus.org, or obtain via Tenable authorized CD or any other Tenable authorized method; (ii) the associated user manuals and user documentation, if any, as well as any patches, updates, improvements, additions, enhancements and other modifications or revised versions of Nessus 5.x or higher that may be provided to You by Tenable from time to time that were developed by Tenable; and (iii) any Nessus daemons, command line interfaces, web server, application programming interfaces (“APIs”), and/or any graphical user interfaces You obtain from Tenable that were developed by Tenable. Any software that is not marked as copyrighted by Tenable is not Software as defined under this Agreement and is subject to other license terms as described in the documentation. For the avoidance of doubt, any components or software licensed as part of an open source license, if any, are not considered “Software.” If You have obtained a copy of the Software, subject to the terms and conditions, and Your acceptance, of this Agreement, Tenable grants to You a perpetual, non-exclusive, non-transferable license in object code form only to use the Software (i) solely for Your internal operations and internal security purposes to seek and assess information technology vulnerabilities and misconfigurations for Your own networks or that you are otherwise authorized to scan; and (ii) provided that You have received all required consents, to provide services to third parties to seek and assess information technology vulnerabilities and misconfigurations on the third party’s network. Any rights in the Software not granted in this Agreement are expressly reserved by Tenable. You are entitled to one copy of the Software. If you license additional copies of the Software, they must be paid for separately and will be subject to their own terms and conditions.
-(b) Plugins License Grant. “Plugins” means any plugins (and related updates) that are marked as copyrighted by Tenable. Any plugins or components that are not marked as copyrighted by Tenable are not Plugins as defined under this Agreement and are subject to other license terms. Subject to the terms and conditions of this Agreement, Tenable grants to You for the Term (as defined below) a non-exclusive, non-transferable license in object code form only to use the Plugins as permitted in conjunction with the Software licensed in Section 1(c). The Plugins include vulnerability detection programs not developed by Tenable or its licensors and which are licensed to You under separate agreements. The terms and conditions of this Agreement do not apply to such vulnerability detection programs.
-(c) Products. Tenable licenses several variations of the Software, described in more detail below. Tenable reserves the right to withdraw features from the Software or move features between variations of the Software provided that either: (1) the core functionality of the Software remains the same; or (2) You are offered a license to the product to which the functionality was moved.
-(i) Nessus Home. Nessus Home is non-commercial Software that permits You to use the Plugins in conjunction with the Software for Your personal use solely to detect vulnerabilities only on Your own personal system (or for Your own personal network) that You use for non-commercial purposes or on the personal system (or for the personal network) of another natural person in a non-commercial arrangement. You are not eligible to use Nessus Home if You are a corporation, a governmental entity or any other form of organization. You may not use Nessus Home to use the Plugins on a computer owned by Your employer or otherwise use the Plugins for the benefit of or to perform any services for any corporation, governmental entity or any other form of organization. When using Nessus Home, Tenable may collect scan data from You (including results, configuration, and gathered artifacts) in order to provide feedback to Tenable and improve the Software. You may not use Nessus Home with Nessus Manager or with any Software that is managed by a Nessus Manager installation. Tenable does not provide any support services in connection with Nessus Home.
-(ii) Nessus Professional. Nessus Professional is commercial Software that permits You to use the Plugins in conjunction with the Software to detect vulnerabilities only on Your system or network, a system or network that you are otherwise authorized to scan, or on the system or network of a third party for which You perform scanning services, auditing services, incident response services, quality assurance and other lab testing, vulnerability assessment services or other security consulting services; provided that You have paid the applicable Fee for each copy of the Software in conjunction with which You will use the Plugins. If You use a supported commercial version of Nessus Professional, Tenable will supply You during the term with reasonable online and email support 24 hours a day, 7 days a week, for the Software.
-(iii) Nessus Manager. Nessus Manager is commercial Software that permits You to use the Plugins in conjunction with the Software to detect vulnerabilities only on Your system or network, a system or network that you are otherwise authorized to scan, or on the system or network of a third party for which You perform scanning services, auditing services, incident response services, quality assurance and other lab testing, vulnerability assessment services or other security consulting services. You may only use Nessus Manager for the number of Hosts for which you have paid all applicable Fees. A “Host” is any scanned device that can have a unique tag pushed to it (via a registry entry, text file, etc.), one that can have a unique identifier (CPU ID, Instance ID, Agent ID, IP Address, MAC Address, NetBIOS Name, etc.) pulled from it, or is addressable via URI or URL (i.e., http://www.tenable.com). Your license to use Nessus Manager also will provide You with access to a limited number (equivalent to the Host count) of Nessus agents that You may install on endpoints. Nessus Manager allows multiple users to access the Software. You agree that You are responsible for the use by any of the users permitted to access the Software. Nessus Manager allows You to manage multiple scanners from one installation, at a rate of one scanner for each 256 Hosts licensed up to 10,240 Hosts, and one scanner for each 512 Hosts after that. You may only manage scanners that You have received all appropriate authorizations to use. If You use a supported commercial version of Nessus Manager, Tenable will supply You during the term with reasonable phone, online and email support 24 hours a day, 7 days a week, for the Software.
-
-2. Other Use.
-(a) Training Organizations. Notwithstanding the prohibition on commercial use in Section 1(c)(i), if You are a training organization authorized by Tenable, You may use the Licensed Materials, and provide access to the Licensed Materials to students, in and for the classroom setting only. Upon completion of the class, the student’s right to use the Licensed Materials is terminated and any students wishing to use the Licensed Materials must register for, and pay any applicable fees associated with, their own subscription. You may not use the Licensed Materials granted to You for training purposes to secure Your or any third party’s networks or in any other way except for classroom training in a non-production environment. Tenable may terminate access to any free Licensed Materials under this Section 2(a) at it sole discretion at any time.
-(b) Evaluations. Upon Your request and subsequent approval by Tenable, You may receive access to evaluate the Licensed Materials. Such evaluation may take the form of limited access to Nessus Professional or Nessus Manager. Such evaluation may also take the form of an on-demand evaluation where You may use Nessus Home commercially for a limited period of time as specified by Tenable. Unless otherwise agreed to by Tenable, an evaluation will only be provided once. You must purchase a subscription to the Licensed Materials to continue to use them commercially after the evaluation period ends. You may not use an evaluation subscription in a production capacity, to scan third party networks, or to provide a service to Your customers.
-(c) Custom Nessus Plugin Development and Distribution. Tenable allows users to write and develop new Nessus plugins; however, You must have an active Nessus subscription in order to add plugins to Your Nessus scanner. You may use the Tenable ".inc" files provided with the Licensed Materials, as well as the built-in NASL functions to write custom plugins for Your internal use and internal redistribution, provided, however, that they may not be privately or publicly distributed, whether for free or for a fee. Plugin writers should also be aware that many of the APIs available in the NASL language and various ".inc" libraries may be used to write custom plugins, but such plugins may only be distributed within Your organization and may not be distributed publicly, whether for free or for a fee. For example, custom plugins that specifically make use of authenticated logins to remote systems via Secure Shell or Windows Domain, that use the libraries included in the Licensed Materials or that have previously been distributed by Tenable, may not be publicly distributed. To ensure that Your custom plugins do not make use of a library that prohibits public distribution, You should audit them to determine which libraries are being invoked and then read each corresponding license.
-
-3. Term.
-This Agreement commences on the date on which You execute this Agreement or download, install or use the Software (whichever occurs first) (the “Effective Date”) and continues until it is terminated according to the terms of this Agreement (the “Term”). The initial subscription commences on the Effective Date and continues as follows: (i) if You subscribe to Nessus Home, until it is terminated according to the terms of this Agreement; or (ii) if You subscribe to Nessus Professional or Nessus Manager, a period of one (1) year until midnight before the anniversary of the Effective Date, unless terminated earlier according to the terms of this Agreement. If You subscribe to Nessus Professional or Nessus Manager, You may extend the subscription for additional one (1) year periods so long as You continue to pay the applicable Fees in accordance with this Agreement and Tenable is making the Licensed Materials commercially available.
-
-4. Intellectual Property.
-This Agreement does not transfer to You any title to or any ownership right or interest in the Licensed Materials. You acknowledge that Tenable owns and retains all right, title and interest in and to the Licensed Materials. All enhancements, modifications and derivative works that Tenable or any Tenable-authorized third party makes to the Licensed Materials or accompanying documentation, and all intellectual property rights therein, will be the property of Tenable. Your rights with respect to the Licensed Materials are limited to the right to use the Licensed Materials pursuant to the terms and conditions in this Agreement. Any rights in or to the Licensed Materials (including rights of use) not expressly granted in this Agreement are reserved by Tenable.
-
-5. No Reverse Engineering, Other Restrictions.
-You may not directly or indirectly: (i) sell, lease, redistribute or transfer any of the Licensed Materials on a stand-alone basis; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive, obtain or modify the source code of the Licensed Materials; (iii) reproduce, modify, translate or create derivative works of all or any part of the Licensed Materials; (iv) rent, lease or loan the Licensed Materials in any form to any third party; (v) remove, alter or obscure any proprietary notice, labels, or marks on the Licensed Materials; or (vi) sell, resell, loan or otherwise provide access to third parties to the APIs, Nessus client interface, or Nessus communication interface shipped by Tenable and provided to You. You may not sublicense any of the rights granted to You in this Agreement. You may not distribute or otherwise provide the Licensed Materials to third parties unless authorized to do so in writing by Tenable. You are responsible for all use of the Licensed Materials and for compliance with this Agreement; any breach by You or any user using the Licensed Materials on Your behalf shall be deemed to have been made by You. You may not copy the documentation as You agree it is provided to You under copyright protection. You may not use the Licensed Materials if You are, or You work for, a competitor of Tenable’s in the network security software industry. For the avoidance of doubt, You may not include or redistribute the Licensed Materials on physical or virtual appliances to perform on-site scans.
-
-6. Restrictions on Third Party Use and Access.
-You may permit a third party (a “Third Party”) to (a) use the Licensed Materials to perform security services for Your business or (b) administer the Licensed Materials, each provided that: (i) any such Third Party use or administration is for Your sole benefit and on Your behalf; (ii) You acknowledge that You shall be legally responsible for the Third Party’s use of the Licensed Materials including any obligations arising from such use and any breach by the Third Party of the terms and conditions of the Agreement, including Section 7 (Confidentiality); (iii) usage by You and the Third Party, when taken together, does not at any time exceed the usage restrictions imposed under this Agreement. Upon sixty (60) days’ notice, Tenable may withdraw its consent to the use of any Third Party in its reasonable discretion. You agree not to deliver or otherwise make available the Licensed Materials, in whole or in part, to any party other than Tenable, except for purposes specifically related to Your use of the Licensed Materials, without Tenable’s prior written consent. You agree to use Your commercially reasonable efforts and to take all reasonable steps to ensure that no unauthorized parties have or use the Licensed Materials and that no unauthorized copy, publication, disclosure or distribution of the Licensed Materials, in whole or in part, in any form is made by You or any third party. You agree to notify Tenable promptly of any unauthorized access to, or use, copying, publication, disclosure or distribution of the Licensed Materials. You acknowledge that the Licensed Materials contain valuable Confidential Information and trade secrets of Tenable or its affiliates and their licensors or suppliers.
-
-7. Confidentiality.
-(a) As used in this Agreement, “Confidential Information” means any and all information and material of a party that: (i) is marked “Confidential,” “Restricted,” or “Confidential Information” or other similar marking; (ii) is known by the party receiving it under this Agreement (the “Receiving Party”) to be confidential or proprietary; or (iii) from all the relevant circumstances, a reasonable person would understand to be confidential or proprietary. Tenable’s Confidential Information includes the Licensed Materials. Confidential Information does not include any information that the Receiving Party can prove: (a) was already known to the Receiving Party without restrictions at the time of its disclosure by the other party (the “Disclosing Party”); (b) after its disclosure by the Disclosing Party, is made known to the Receiving Party without restrictions by a third party having the right to do so; (c) is or becomes publicly known without violation of this Agreement; or (d) is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information. Confidential Information will remain the property of the Disclosing Party, and the Receiving Party will not be deemed by virtue of this Agreement or any access to the Disclosing Party’s Confidential Information to have acquired any right, title or interest in or to the Disclosing Party’s Confidential Information. The Receiving Party may not copy any of the Disclosing Party’s Confidential Information without the Disclosing Party’s prior written permission. The Receiving Party may not remove any copyright, trademark, proprietary rights or other notices included in or affixed to any of the Disclosing Party’s Confidential Information. Other than using the Licensed Materials in accordance with the terms of this Agreement, You may not use Tenable’s Confidential Information for Your or a third party’s benefit, competitive development or any other purpose. The Receiving Party agrees: (I) to hold the Disclosing Party’s Confidential Information in strict confidence; (II) to limit disclosure of the Disclosing Party’s Confidential Information to the Receiving Party’s own employees having a need to know the Confidential Information for the purposes of this Agreement or those of any Third Party, as specified in Section 6; (III) not to disclose the Disclosing Party’s Confidential Information to any third party other than to a Third Party as specified in Section 6; (IV) to use the Confidential Information solely and exclusively in accordance with the terms of this Agreement in order to carry out the Receiving Party’s obligations and exercise the Receiving Party rights under this Agreement; (V) to afford the Disclosing Party’s Confidential Information at least the same level of protection against unauthorized disclosure or use as the Receiving Party normally uses to protect its own information of a similar character, but in no event less than reasonable care; and (VI) to notify the Disclosing Party promptly of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information and to cooperate with and assist the Disclosing Party in every reasonable way to stop or minimize such unauthorized use or disclosure. The Receiving Party agrees that if a court of competent jurisdiction determines that the Receiving Party has breached, or attempted or threatened to breach, the Receiving Party’s confidentiality obligations to the Disclosing Party or its proprietary rights, the Disclosing Party will suffer irreparable harm and that monetary damages will be inadequate to compensate it for such breach. Accordingly, the Disclosing Party, in addition to and not in lieu of any other rights, remedies or damages available to it at law or in equity, shall be entitled to seek appropriate injunctive relief and other measures restraining further attempted or threatened breaches of such obligations without requirement to post any bond. Tenable is not willing to accept any confidential information or any personal information from You under this Agreement unless you are licensing Nessus Professional or Nessus Manager.
-(b) You acknowledge that Tenable does not require any personally identifiable information, (beyond name, phone number and email) from You for any reason whatsoever, including without limitation in order for Tenable to provide the Licensed Materials or any associated support. However, If You disclose any information that is “Nonpublic Personal Information”, as defined in Title V of the Gramm-Leach-Bliley Act of 1999, or any successor federal statute, and the rules and regulations thereunder, all as may be amended or supplemented from time to time, or “Protected Health Information (‘PHI’)”, as defined in the Health Insurance Portability and Accountability Act of 1996, or any successor federal statute, and the rules and regulations thereunder, all as may be amended or supplemented from time to time, for which You have separate obligations, You will notify Tenable immediately. Upon such written notification, Tenable will take steps to return or destroy the Nonpublic Personal Information or PHI as quickly as reasonably possible and will protect such information in accordance with Your reasonable instructions prior to returning or destroying it. This should not be read as to alleviate any requirement on You to keep such information confidential and Tenable does not assume any liability with respect to Your disclosure whether willful or accidental.
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-8. Warranty and Disclaimer.
-(a) Licensed Materials. Tenable warrants that, for a period of thirty (30) days from the Effective Date (the “Warranty Period”), the unmodified Licensed Materials will, under normal use, substantially perform the functions described in their technical documentation. If there is a breach of this warranty, then Tenable’s sole obligation, and Your exclusive remedy, will be for Tenable, at its option, to correct the performance of the Licensed Materials at no charge so that it substantially performs the functions described in its technical documentation or to replace the Licensed Materials. You acknowledge that the remedies described in the preceding sentence are sufficient and cannot fail of their essential purpose.
-(b) Disclaimer. EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 8(a), TENABLE DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. TENABLE MAKES NO WARRANTY THAT THE LICENSED MATERIALS WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER.
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-9. Limitation of Liability.
-IF YOU SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM TENABLE (INCLUDING FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) TENABLE WILL BE LIABLE ONLY FOR THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (IN THE AGGREGATE FOR ALL CLAIMS) THE FEES, IF ANY, YOU PAID TO TENABLE UNDER THIS AGREEMENT WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EARLIEST DATE ON WHICH THE ACT OR OMMISSION GIVING RISE TO YOUR CLAIM OCCURRED OR SHOULD HAVE OCCURRED, AS APPLICABLE.
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-10. Exclusion of Damages.
-UNDER NO CIRCUMSTANCES WILL TENABLE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS; LOST PROFITS; OR ANY DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PERFORMANCE OF THE LICENSED MATERIALS OR OF ANY OTHER OBLIGATIONS RELATING TO THIS AGREEMENT, WHETHER OR NOT TENABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE LICENSED MATERIALS, AND FOR ANY RELIANCE THEREON.
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-11. Additional Provisions Regarding Liability.
-The limitations of liability set forth in Sections 9 and 10 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this Agreement. The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct or damages for strict liability that may not be limited by law.
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-12. Indemnification.
-(a) Each of the parties acknowledges and agrees that by entering into and performing its obligations under this Agreement, Tenable will not assume and should not be exposed to the business and operational risks associated with Your business and your use of the Licensed Materials. You acknowledge that Your use of the Licensed Materials is only a portion of Your overall security solution and that Tenable is not responsible for Your overall security solution. The parties acknowledge that the use of the Licensed Materials may affect the operation of Your network during vulnerability scanning. Tenable shall not be liable to You for any impairment of the operation of Your network arising from Your use of the Licensed Materials during such scanning. As between You and Tenable, You are (and Tenable is not) responsible for the success or failure of such security solution. Accordingly, You agree that You will, at Your expense, indemnify, defend and hold Tenable harmless in all claims and actions that seek compensation of any kind for injury or death to persons and/or for damage to property, and that arise out of or relate to Your security solutions or Your use of the Licensed Materials or the solutions You provide to a third party through Your use of the Licensed Materials. You also agree to pay all settlements, costs, damages, legal fees and expenses finally awarded in all such claims and actions. If You are a governmental entity that is prohibited by applicable law from providing this type of indemnification, this Section 12(a) will not apply.
-The following provision applies only to Nessus Professional and Nessus Manager subscriptions:
-(b) Tenable will, at its sole cost and expense, defend (or at its option, settle) and indemnify You and Your subsidiaries and affiliates, and their officers, directors, employees, representatives and agents, from and against any and all third party claims brought against You based upon a claim that use of the Licensed Materials in accordance with this Agreement infringes such third party’s United States patent, copyright or trademark or misappropriates any trade secret, and will pay all settlements entered into and damages finally awarded (including reasonable attorneys’ fees) to the extent based on such claim or action, provided that You give Tenable (a) prompt notice of such action or claim; (b) the right to control and direct the investigation, defense, and/or settlement of such action or claim; and (c) reasonable cooperation. If Your use of the Licensed Materials is, or in Tenable’s opinion is likely to be, the subject of an infringement claim, or if required by settlement, Tenable may, in its sole discretion and expense, (a) substitute for the Licensed Materials substantially functionally similar non-infringing software; (b) procure for You the right to continue using the Licensed Materials; (c) if the infringing material consists of Plugins, remove the Plugins in question from the subscription and provide You with a pro rata refund based upon the total number of Plugins removed relative to the total number of Plugins; or (d) terminate this Agreement, accept return of the Licensed Materials and refund to You the Fee for the portion of the Term paid for but not yet received. Tenable has no liability with respect to patent, copyright or trademark infringement or trade secret misappropriation arising out of: (i) modifications of the Licensed Materials; (ii) Your use of the Licensed Materials in combination with software (other than the Software) or third party equipment; (iii) Your failure to use any new or corrected versions of the Licensed Materials made available by Tenable; or (iv) Your use of the Licensed Materials in a manner not permitted by this Agreement. This Section 12(b) sets forth Tenable’s sole liability and Your sole and exclusive remedy with respect to any claim of intellectual property infringement by the Licensed Materials.
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-13. Verification.
-For the term of this Agreement and one (1) year thereafter, You agree that Tenable or its designee shall have the right, at its own expense and under reasonable conditions of time and place, to audit and copy all records of Your use of the Software. Upon Tenable’s written approval, Tenable may instead require You to complete accurately a self-audit questionnaire in a form provided by Tenable. If an audit reveals unlicensed use of the Licensed Materials, a breach of this Agreement or underpayment of any Fees by You or Your employees or agents, You must, in addition to such other rights and remedies as may be available to Tenable as the result of such breach, promptly order and pay for sufficient licenses (at Tenable’s then-current price for such licenses) to permit all usage disclosed and pay the full cost of such audit and copying. Tenable will use information obtained from such audit only to verify and enforce Your compliance with the terms of this Agreement, to comply with any governmental reporting requirements and for such other purposes as required by law. The foregoing audit right will not apply to the extent not allowable under applicable law.
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-14. Your Payment Obligations.
-You agree to pay any and all amounts due or incurred by You as specified in the invoice for the applicable subscription to the Licensed Materials (the "Fees"). The invoice may be issued by Tenable or one of its authorized distributors, as applicable. Payment is due upon delivery of an invoice unless other terms have been agreed upon by Tenable. You agree to pay directly or reimburse Tenable (or the authorized distributor, as applicable) for any taxes (including, sales or excise taxes, value added taxes, landing fees, import duties and the like), however designated and whether foreign or domestic, arising out of this Agreement, imposed on the Plugins or the use thereof, or Tenable’s performance under this Agreement. You agree to pay invoices under this Agreement without deducting any present or future taxes, withholdings or other charges except those deductions it is legally required to make. If You are legally required to make any deductions, You agree to pay such amounts as are necessary to make the net amounts remaining after such deductions equal to the stated amount due under this Agreement. The payments or reimbursements will be in such amounts as are sufficient to relieve Tenable (or the authorized distributor, as applicable) from owing any further taxes, either directly or on the basis of the payments made under this Agreement. Notwithstanding the foregoing, Tenable will be solely responsible for its income tax obligations and all employer reporting and payment obligations with respect to its personnel. You agree to pay any interest and penalties imposed by any taxing authorities to the extent such interest and penalties are applicable to taxes not paid at Your request or as a result of reliance by Tenable (or the authorized distributor, as applicable) on Your representations. If a certificate of exemption or similar document or proceeding is necessary in order to exempt any transaction from a tax, You will obtain such certificate or document.
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-15. Legal Compliance; Restricted Rights.
-The Licensed Materials are provided solely for lawful purposes and use. You are solely responsible for, and agree to perform Your obligations in a manner that complies with all applicable national, federal, state and local laws, statutes, ordinances, regulations, codes and other types of government authority (including those governing export control, unfair competition, anti-discrimination, false advertising, privacy and data protection, and publicity and those identifying and requiring permits, licenses, approvals, and other consents) (“Laws”). If a charge is made that You are not complying with any such Laws, You will promptly notify Tenable of such charges in writing. Without limiting the foregoing, You agree to comply with all U.S. export Laws (including the International Traffic in Arms Regulation (“ITAR”), 22 CFR 120-130, and the Export Administration Regulation (“EAR”), 15 CFR Parts 730 et seq.) and applicable export Laws of Your locality (if You are not in the United States), to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported directly or indirectly in violation of Law or without first obtaining all required authorizations or licenses. No physical or computational access by nationals of any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR is permitted. You will, at Your sole cost and expense, obtain and maintain in effect all permits, licenses, approvals and other consents related to Your obligations under this Agreement. You agree, at Your expense, to comply with all foreign exchange and other Laws applicable to You. The parties further agree to comply with sanctions administered by the Department of Treasury’s Office of Foreign Assets Control (“OFAC”) and shall not engage in prohibited trade to persons or entities on the Specially Designated Nationals (“SDN”) list. Unless You are prohibited by law from doing so, You will defend, indemnify, and hold Tenable harmless from any breach of this Section 15.
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-16. Termination.
-(a) You may terminate this Agreement at any time by destroying or returning to Tenable the Licensed Materials, together with all copies, modifications and merged portions of the Licensed Materials in any form.
-(b) This Agreement and Your license to use the Licensed Materials shall terminate automatically if You fail to comply with any term or condition of this Agreement.
-(c) Immediately upon termination of this Agreement, You shall destroy or return to Tenable the Licensed Materials, together with all copies, modifications and merged portions of the Licensed Materials in any form, and shall certify to Tenable in writing that through Your commercially reasonable efforts and to Your knowledge all such materials have been destroyed or returned to Tenable and removed from host computers on which the Licensed Materials resided. However, You may download the then-current version of the Licensed Materials and enter into a new license under the then-current terms. The removal and deletion provisions of this Section do not apply to copies of the Licensed Materials that are made pursuant to Your reasonable back-up and archival policies (under which back-up tapes that will be overwritten in due course may contain copies of the Licensed Materials), provided that (i) such copies are only retained by You in the course of Your back-up procedures, (ii) such copies will be deleted within a reasonable period of time in the normal course of overwriting under the back-up process, and (iii) such copies never be used to exceed the license restrictions under this Agreement.
-(d) Any provision of this Agreement that imposes or contemplates continuing obligations on a party, including Sections 4, 5, 6, 7, 9, 10, 11, 13, 16, 17, 22, and 23 will survive the expiration or termination of this Agreement.
-
-17. Governing Law and Dispute Resolution.
-(a) This Agreement shall be governed in all respects by the laws of the State of Maryland, USA, without regard to choice-of-law rules or principles. If You are a governmental entity that cannot legally agree to be governed by the laws of the State of Maryland, this Section 17(a) will be deemed to refer to the laws of the Your state rather than to the State of Maryland.
-(b) You and Tenable submit to the exclusive jurisdiction of the courts of Howard County, Maryland and the United States District Court for Maryland, Baltimore Division, for any question or dispute arising out of or relating to this Agreement. Due to the high costs and time involved in commercial litigation before a jury, the parties waive all right to a jury trial with respect to any and all issues in any action or proceeding arising out of or related to this Agreement. If You are a governmental entity that cannot legally submit to the exclusive jurisdiction of the courts of Howard County, Maryland, this Section 17(b) will be deemed to be deleted.
-(c) The Licensed Materials are licensed subject to Tenable’s standard commercial agreement (this Agreement); the Licensed Materials are commercial items as defined by the Federal Acquisition Regulation (FAR) System, Title 48 of the Code of Federal Regulations. Tenable licenses the Licensed Materials to You pursuant to the terms of this Agreement and not any clause identified in FAR Part 27, DFARS Part 227, or any other government agency data rights clause, except that, if You are a government entity and the Agreement is subject to FAR 52.227-19 Commercial Computer Software License (Dec 2007), Tenable agrees that that clause supplements the other terms of this Agreement. If you do not agree to the terms of this paragraph, you shall return the Licensed Materials unused for a refund.
-(d) You expressly agree with Tenable that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. No aspect or provision of the Uniform Computer Information Transactions Act, as implemented under Maryland law, shall apply to this Agreement.
-
-18. Notices.
-Any notices or other communication required or permitted to be made or given by either party pursuant to this Agreement will be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier, to the address specified herein or such other address as a party may specify in writing. Tenable may also provide notices to You via an email address You have provided to Tenable. All notices to Tenable shall be sent to the attention of the Legal Department, at Tenable Network Security, 7021 Columbia Gateway Drive, Suite 500, Columbia, MD 21046.
-
-19. Transfer and Assignment.
-You may not rent, lease, lend, sublicense or otherwise provide the Licensed Materials to any third party, except as expressly provided in this Agreement. You may not assign or otherwise transfer this Agreement without Tenable’s prior written consent. You may use the Licensed Materials to provide services to third parties only as expressly provided in this Agreement.
-
-20. Language.
-The language of this Agreement is English and all invoices and other documents given under this Agreement must be in English to be effective. No translation, if any, of this Agreement or any notice will be of any effect in the interpretation of this Agreement or in determining the intent of the parties.
-
-21. Third Parties.
-This Agreement is not intended nor will it be interpreted to confer any benefit, right or privilege in any person or entity not a party to this Agreement. Any party who is not a party to this Agreement has no right under any Law to enforce any term of this Agreement.
-
-22. Trademarks.
-Nessus, ProfessionalFeed, HomeFeed, Tenable Network Security and Tenable’s “hexagon” logo are registered trademarks of Tenable. Tenable’s other logos, including the “eye” logo, are also trademarks of Tenable. Tenable does not grant to You, either expressly or by implication, any license or permission under this Agreement to use any of the Tenable marks (including trademarks, service marks, trade names, trade dress, symbols, logos, designs, domain names, slogans and other source identifiers).
-
-23. General.
-This Agreement constitutes the entire agreement between the parties, and supersedes all other prior or contemporaneous communications between the parties (whether written or oral) relating to the subject matter of this Agreement, provided, however, that this Agreement will not supersede (and will be subject to) any written agreements signed by both Tenable and You that contain license terms for the Licensed Materials and that specifically provide that such agreements are intended to supersede license agreements that may be included in subsequent orders of the Licensed Materials. Tenable will provide a reasonable replacement for damaged or lost Licensed Materials for You at no charge. No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. Unless Tenable agrees otherwise, You agree that Tenable may use Your name in a customer list. Neither party shall be liable for any loss or delay (including failure to meet the service level commitment) resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, Internet service provider failures or delays, civil unrest, war or military hostilities, criminal acts of third parties, and any payment date or delivery date shall be extended to the extent of any delay resulting from any force majeure event. No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. If a party waives any right, power or remedy, the waiver will not waive any successive or other right, power or remedy the party may have under this Agreement. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. “Including” and its derivatives (such as “include” and “includes”) mean including without limitation; this term is as defined, whether or not capitalized in this Agreement.
-
-Subscription Agreement v13 03.03.15
+***IMPORTANT***
+
+THIS AGREEMENT IS INTENDED TO BE LEGALLY BINDING. BY CLICKING THE “AGREE” OR “ACCEPT” BUTTON BELOW AND/OR CONTINUING TO DOWNLOAD, INSTALL OR USE TENABLE SOFTWARE AND OR SERVICES (OR AUTHORIZING/ALLOWING A THIRD PARTY TO DO SO ON YOUR BEHALF), YOU INDICATE:
+(1) YOUR ACCEPTANCE OF THIS AGREEMENT;
+(2) YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM; AND
+(3) YOU ARE AUTHORIZED TO BIND CUSTOMER TO THE TERMS OF THIS AGREEMENT.
+
+***IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO DO SO PLEASE CLICK THE “REJECT” OR “DECLINE” OR OTHER SIMILAR BUTTON AND DO NOT PROCEED TO DOWNLOAD, INSTALL OR USE THIS PRODUCT.
+
+TENABLE MASTER AGREEMENT
+
+This Master Agreement (this “Agreement”) is made by and between Tenable (as defined below) and the party licensing Software and/or receiving Services (“Customer”) with an effective date as of the date Customer clicks to accept these terms (the “Effective Date”). Hereinafter, each of Tenable and Customer may be referred to collectively as the “Parties” or individually as a “Party”.
+1. Definitions.
+(a) “Affiliate” means any entity that controls, is controlled by, or is under common control with a Party. “Control” shall mean: (1) ownership (either directly or indirectly) of greater than fifty percent (50%) of the voting equity or other controlling equity of another entity; or (2) power of one entity to direct the management or policies of another entity, by contract or otherwise.
+(b) “Documentation” means the then-current official user manuals and/or documentation for the Products available at docs.tenable.com.
+(c) “Hosted Services” are a type of service offered through the Tenable.io (SaaS) platform and include Scans and access to and use of the hosted environment (the “Hosted Environment”).
+(d) “Product(s)” means any of the products that Tenable offers, including Software, Hosted Services, Support Services and Professional Services.
+(e) “Professional Services” means services purchased, including consulting services which are relevant to the implementation and configurations of Tenable Products as well as on-site or virtual training courses. Generally, Professional Services are defined either in a separate SOW or a Services Brief. Professional Services do not include the Hosted Services or Support Services.
+(f) “Scan(s)” are a function performed by the Software and/or the Hosted Services on Scan Targets, which are conducted in order to provide data to Customer regarding its network security. “PCI Scans” are a specific type of Scan designed to assess compliance with the Payment Card Industry Data Security Standard. “Scan Data” is the resulting information created by the Scan. “Scan Target(s)” are the targets or subjects of a Scan.
+(g) “Services Brief” means the document which outlines Tenable’s basic, pre-packaged installation or training Professional Services offered under a Tenable SKU and which do not require a separate SOW. Current versions of Services Briefs may be found at http://static.tenable.com/prod_docs/tenable_slas.html or a successor location. For the avoidance of doubt, Customer may purchase commercial off the shelf SKU-based Professional Services without executing a separate Statement of Work. A “SOW” or “Statement of Work” shall further describe Professional Services, the terms of which may be customized and which shall require execution by the Parties.
+(h) “Software” means each software product made available by Tenable under this Agreement for download. Software includes patches, updates, improvements, additions, enhancements and other modifications or revised versions of the same that may be provided to Customer by Tenable from time to time.
+(i) “Tenable” means: (i) Tenable, Inc., if Customer is a commercial entity or individual located in North or South America (Tenable, Inc. is a Delaware corporation having offices at 7021 Columbia Gateway Drive, Suite 500, Columbia, MD 21046); (ii) Tenable Public Sector LLC, if Customer is an agency or instrumentality of the United States Government, a commercial entity operating predominantly as a federal systems integrator for eventual sale or resale or for the benefit of the United States Government, or an agency or instrumentality of a State or local government within the United States (Tenable Public Sector LLC is a Delaware limited liability company having offices at 7021 Columbia Gateway Drive, Suite 500, Columbia, MD 21046); or (iii) Tenable Network Security Ireland Limited, if Customer is located outside of North or South America (Tenable Network Security Ireland Limited is a private limited company having offices at 81b Campshires, Sir John Rogerson’s Quay, Dublin 2, Ireland).
+2. Orders and Transactions.
+(a) Reseller Transactions. If Customer purchases Tenable Products through an authorized Tenable reseller (a “Reseller”), all terms related to pricing, billing, invoicing and payment (“Payment Terms”) set forth in this Agreement (if any) shall not apply. For the avoidance of doubt, all such Payment Terms shall be as agreed to between Customer and Reseller. To place an order, Customer shall provide the Reseller with a purchase order (or other similar document acceptable to Reseller) in response to a valid quote from such Reseller. Following Reseller’s receipt of such purchase order, Tenable shall issue a sales order confirmation or other similar order acceptance document (the “Ordering Document”). No order shall be deemed accepted by Tenable until Tenable issues the Ordering Document. The Ordering Document shall set forth all Products (and corresponding licensing metrics) purchased by Customer.
+(b) Direct Transactions. If the Parties have agreed to transact directly, the following Payment Terms shall apply. Customer agrees to pay all amounts due as specified in a Tenable invoice. Fees for Hosted Services are charged for access to the Host Environment (as defined herein), not actual usage. Customer further agrees to pay for actual travel and living expenses for Professional Services where Tenable is conducting on-site work. Payment is due within thirty (30) days from the date of Tenable’s invoice to Customer. Customer will pay directly or reimburse Tenable for any taxes (including, sales or excise taxes, value added taxes, gross receipt taxes, landing fees, import duties and the like), however designated and whether foreign or domestic, imposed on or arising out of this Agreement. Notwithstanding the foregoing, Tenable will be solely responsible for its income tax obligations and all employer reporting and payment obligations with respect to its personnel. Customer agrees to pay Tenable without deducting any present or future taxes, withholdings or other charges except those deductions it is legally required to make. If Customer is legally required to make any deductions or withholding, Customer agrees to provide evidence of such withholding upon request. If a certificate of exemption or similar document or proceeding is necessary in order to exempt any transaction from a tax, Customer shall provide such certificate or document to Tenable.
+(c) Delivery and Installation. Delivery of Tenable Products (“Delivery”) shall be deemed to occur on the date of availability for electronic download or electronic access. Tenable has no duty to provide installation services for Tenable Products unless installation services are purchased separately.
+3. Term and Termination.
+(a) Agreement Term. This Agreement shall commence upon the Effective Date and continue until terminated in accordance with the terms set forth herein.
+(b) License Term and Renewals. The “License Term” is the term of the license or subscription for Products as set forth in the Ordering Document. If this Agreement has been signed by both Parties, then unless otherwise agreed to in writing, any renewal License Term shall be governed by the terms set forth herein. If this Agreement has been accepted via shrinkwrap or click-through, upon any renewal of the License Term, the terms then available at http://static.tenable.com/prod_docs/tenable_slas.html (or a successor location) will govern such renewal. Customer agrees that use of the Products at the time of such renewal will be deemed full and adequate acceptance of the updated terms.
+(c) Termination for Cause. Either Party may terminate this Agreement for cause if the other Party materially breaches this Agreement provided that such breaching Party has received written notice of such breach and failed to cure such breach within thirty (30) days. If this Agreement is terminated for cause by either Party, Customer shall cease to use any Software or Hosted Services purchased hereunder and shall certify to Tenable that it has returned or destroyed all copies of the Software. If this Agreement is terminated for cause by Tenable, Customer shall remain responsible for any outstanding payment obligations throughout the rest of the License Term.
+(d) Termination for Convenience. Customer may terminate this Agreement for any lawful reason upon ninety (90) days’ prior written notice to Tenable. If Customer terminates for convenience, Customer shall not receive a refund and shall remain obligated to pay for Products for which it has previously entered into a transaction as well as any additional payment obligations agreed upon prior to the termination date.
+4. Products.
+(a) Product-Specific Terms. Pursuant to this Agreement, Customer may receive the right to use various Products as further described in the attached schedules (each, a “Schedule”). Terms related to Customer’s use of Software are described in Schedule A (Software). Terms related to Customer’s use of Hosted Services are described in Schedule B (Hosted Services). Terms related to the provision of Professional Services are described in Schedule C (Professional Services). For each Product, Customer will have the right to use the corresponding Documentation.
+(b) Licensing Model. Product licenses shall be in accordance with the terms of the applicable licensing model as set forth in the Documentation and the Ordering Document, which may include limitations on Scan Targets, License Term, the number of users, seats, licenses and/or types of modules licensed. Product licenses shall commence upon Delivery and shall be either perpetual or subscription in nature. If Customer exceeds the license restrictions, Customer must purchase an upgraded license to allow for all actual or additional usage.
+(c) Restrictions on Use. Customer shall not directly or indirectly: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive, obtain or modify the source code of the Products; (ii) reproduce, modify, translate or create derivative works of all or any part of the Products; (iii) remove, alter or obscure any proprietary notice, labels, or marks on the Products; (iv) without Tenable’s prior written consent, use the Products in a service bureau, application service provider or similar capacity; (v) use the Products to gather information from Nessus Essentials scanners; (vi) use the Products in order to create competitive analysis or a competitive product or service; (vii) copy any ideas, features, functions or graphics in the Product; or (viii) use the Products to manage or gather information from Scan Targets not owned or hosted by Customer or its Affiliates or for which Customer has authorization to Scan.
+(d) Intellectual Property in Products. This Agreement does not transfer to Customer any title to or any ownership right or interest in the Products. Any rights in the Products not expressly granted in this Agreement are reserved by Tenable. If Customer provides Tenable with any comments, suggestions, or other feedback regarding the Product, Customer hereby assigns to Tenable all right, title and interest in and to such feedback.
+(e) Customer System Requirements. In order to use the Products, Customer must meet or exceed the specifications found in the Tenable General Requirements document, available at docs.tenable.com (or a successor location).
+(f) Product Features. Tenable reserves the right to withdraw features from future versions of the Products provided that: (i) the core functionality of the affected Product remains the same; or (ii) Customer is offered access to a product or service providing materially similar functionality as the functionality removed from the affected Product. The preceding remedies under this Section 4(f) are the sole remedies available if Tenable withdraws features from the Products.
+(g) Telemetry. Customer agrees to provide certain necessary Scan information, which may include the number of Scan Targets managed with the Product for billing purposes, behavioral attributes such as whether or not certain features in the Product are utilized, or other relevant information (“Technical Data”). Technical Data cannot be attributed to an individual user/administrator of the Product. Tenable may use Technical Data for reasonable business purposes, including product support, license validation and research and development. Tenable agrees to only disclose Technical Data which has been properly anonymized and cannot be attributed to Customer.
+(h) Additional Details on Use Restrictions for Tenable Security Network Ireland Limited. The following shall only apply for transactions with Tenable Security Network Ireland Limited. Notwithstanding anything in Section 4(c), decompiling the Product is permitted to the extent the laws of Customer’s jurisdiction give Customer the right to do so to obtain information necessary to render the Products interoperable with other software; provided, however, that Customer must first request such information from Tenable and Tenable may, in its discretion, either provide such information to Customer or impose reasonable conditions, including a reasonable fee, on such use of the Products to ensure that its proprietary rights in the Product are protected.
+5. Support.
+(a) Support Services. Tenable shall provide Customer with support services (the “Support Services”) in accordance with Tenable’s then-current Technical Support Plans and consistent with Tenable’s Product Lifecycle Policy, each of which is available at http://static.tenable.com/prod_docs/tenable_slas.html (or a successor location). The Support Services include bug fixes, updates (including new vulnerability plug-ins), or enhancements that Tenable makes generally available to users of the Products. The Support Services also include the provision of new minor (Example: 1.1.x to 1.2.x, etc.) and major version releases of the Products (Example: 1.x to 2.x, etc.).
+(b) Support Fees. Standard Support Services for Products licensed for a finite License Term will be provided at no additional charge beyond the license fee for the duration of the License Term. Support Services for Products licensed on a perpetual basis must be purchased separately in advance. In all cases, premium support may be purchased at an additional charge. If during the course of a perpetual license Customer terminates or fails to renew the Support Services, Customer may, at any time during the term of this Agreement, request that Tenable reinstate the Support Services provided that Customer pays for the lapsed Support Services in an amount equal to the total fees Customer would have paid for the Support Services between the time Customer’s Support Services lapsed and the then-current date.
+6. Confidentiality.
+(a) Definition. “Confidential Information” means information learned or disclosed by a Party under this Agreement that should reasonably be assumed to be confidential or proprietary, including the Products and the terms of this Agreement. Confidential Information will remain the property of the disclosing Party, and the receiving Party will not be deemed by virtue of this Agreement or any access to the Confidential Information to have acquired any right, title or interest in or to the Confidential Information.
+(b) Obligations. Each Party agrees to only use the Confidential Information in connection with this Agreement or a purchase hereunder. The receiving Party agrees to hold the disclosing Party’s Confidential Information confidential using at least the same level of protection against unauthorized disclosure or use as the receiving Party normally uses to protect its own information of a similar character, but in no event less than a reasonable degree of care. Each Party may share Confidential Information with its Affiliates or authorized contractors in the performance of its duties under this Agreement; provided, however, that each Party shall be responsible to ensure that such Affiliate or authorized contractors are bound by obligations of confidentiality at least as stringent as those set forth in this Agreement.
+(c) Exclusions. Confidential Information shall not include information that: (i) is already known to the receiving Party free of any confidentiality obligation; (ii) is or becomes publicly known through no wrongful act of the receiving Party; (iii) is rightfully received by the receiving Party from a third party without any restriction or confidentiality; or (iv) is independently developed by the receiving Party without reference to the Confidential Information. Confidential Information does not include Scan Data that has been aggregated or anonymized so that it is not attributable to the disclosing Party. Furthermore, if Customer intentionally or unintentionally requests or performs scans on third party Scan Targets, Customer agrees that Tenable may provide all relevant information (which may include Customer-provided personal information) to the owner of the Scan Targets of such unlawful or impermissible scanning as well as to relevant legal authorities, and such disclosure shall not be considered a breach of confidentiality.
+(d) Sensitive Information. The Parties agree that Customer’s disclosure of sensitive, personal information (e.g., social security numbers, national identity card numbers, personal credit card information, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, and health care data) (“Sensitive Information”) is not required for Tenable to perform its duties under this Agreement or sell any Products hereunder. If Customer inadvertently or unintentionally discloses any Sensitive Information to Tenable, Customer shall identify to Tenable that it has disclosed Sensitive Information and Tenable shall promptly return and/or destroy such Sensitive Information.
+(e) Legal Disclosures; Remedies. The receiving Party may disclose Confidential Information if required to do so by law provided the receiving Party shall promptly notify the disclosing Party so that the disclosing Party may seek any appropriate protective order and/or take any other action to prevent or limit such disclosure. If required hereunder, the receiving Party shall furnish only that portion of the Confidential Information disclosure of which is legally required. The receiving Party acknowledges and agrees that the breach of any term, covenant or provision of this Agreement may cause irreparable harm to the disclosing Party and, accordingly, upon the threatened or actual breach by the receiving Party of any term, covenant or provision of this Agreement, the disclosing Party shall be entitled to seek injunctive relief, together with any other remedy available at law or in equity. The receiving Party will notify the disclosing Party promptly of any unauthorized use or disclosure of the disclosing Party’s Confidential Information.
+7. Representations and Warranties; Disclaimer.
+(a) Warranty of Authority. The Parties hereby represent and warrant that they have the full power and authority to enter into this Agreement.
+(b) Products. Product warranties and associated warranty periods are set forth in the relevant Schedules.
+(c) Antivirus Warranty. Tenable represents it has taken commercially reasonable efforts to ensure that the Products, at the time of Delivery, are free from any known and undisclosed virus, worm, trap door, back door, timer, clock, counter or other limiting routine, instruction or design that would erase data or programming or otherwise cause the Products to become inoperable or incapable of being used in the manner for which it was designed or in accordance with the Documentation.
+(d) Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND TO THE GREATEST EXTENT PERMITTED BY LAW, TENABLE OFFERS ITS PRODUCTS “AS-IS” AND MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE MADE TO CUSTOMER FOR CUSTOMER’S BENEFIT ONLY. CUSTOMER’S USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK. CUSTOMER UNDERSTANDS THAT ASSESSING NETWORK SECURITY IS A COMPLEX PROCEDURE, AND TENABLE DOES NOT GUARANTEE THAT THE RESULTS OF THE PRODUCTS WILL BE ERROR-FREE OR PROVIDE A COMPLETE AND ACCURATE PICTURE OF CUSTOMER’S SECURITY FLAWS, AND CUSTOMER AGREES NOT TO RELY SOLELY ON SUCH PRODUCTS IN DEVELOPING ITS SECURITY STRATEGY. CUSTOMER ACKNOWLEDGES THAT THE PRODUCTS MAY RESULT IN LOSS OF SERVICE OR HAVE OTHER IMPACTS TO NETWORKS, ASSETS OR COMPUTERS (INCLUDING MODIFICATION OF SCAN TARGETS), AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DAMAGES RELATING TO SUCH LOSS OR IMPACT.
+8. Limitation of Liability.
+(a) Direct Damages. The cumulative liability of one Party to the other for all claims arising from or relating to the Products or this Agreement (including without limitation, any cause of action sounding in contract, tort or strict liability) shall be limited to proven direct damages in an amount not to exceed, in the aggregate, the fees paid by Customer for the Products over the twelve (12) months immediately prior to the event giving rise to the claim.
+(b) Indirect Damages. Neither Party shall be liable to the other for any indirect, incidental, special, punitive, consequential or exemplary damages regardless of the nature of the claim. This prohibition on indirect damages shall include, but not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereof.
+(c) Carve Outs. The liability caps set forth in Sections 8(a) and 8(b) shall not apply to damages resulting from:
+(i) damage to real or personal property;
+(ii) personal injury or death;
+(iii) fraud or willful misconduct;
+(iv) indemnification obligations set forth in Section 9 (Indemnification); or
+(v) Customer’s breach of Section 4(c) (Restrictions on Use).
+(d) Limitations; Time Period. Each of the limitations set forth in this Section 8 shall be enforced to the fullest extent of the law. Any laws preventing such limitations shall only apply to the extent required by law and the remaining unaffected terms shall apply in full. Unless expressly prohibited by law, each Party shall have a period of no greater than twelve (12) months from the date the cause of action accrues to bring a claim against the other Party for such cause of action.
+9. Indemnification.
+(a) Indemnification Obligations.
+(i) By Tenable. Tenable shall (at its sole cost and expense): (i) defend and/or settle on behalf of Customer (including Customer’s officers, directors, employees, representatives and agents); and (ii) indemnify Customer for, any third party claims brought against Customer based upon a claim that Customer’s use of the Products in accordance with this Agreement infringes or misappropriates such third party’s intellectual property rights in a jurisdiction which is signatory to the Berne Convention.
+(ii) By Customer. Customer shall (at its sole cost and expense): (i) defend and/or settle on behalf of Tenable (including Tenable’s officers, directors, employees, representatives and agents) and (ii) indemnify Tenable for, any third party claims brought against Tenable arising out of or relating to Customer’s use of the Products to perform Scans on third party Scan Targets, except to the extent that any such claim or action is caused by a failure of the Products to materially comply with the Documentation.
+(b) In Case of Infringement. If Customer’s use of the Products is, or in Tenable’s opinion is likely to be, the subject of an infringement claim, Tenable may, in its sole discretion and expense: (i) modify or replace the infringing Products as necessary to avoid infringement, provided that the replacement Products are substantially similar in functionality; (ii) procure the right for Customer to continue using the infringing Products; or (iii) terminate this Agreement and, upon Customer’s return or certified destruction of the infringing Product, provide Customer a pro-rata refund calculated as follows: (x) for infringing Products licensed on a subscription basis, the refund shall consist of any prepaid but unused fees for the remainder of the applicable License Term; or (y) for infringing Software licensed on a perpetual basis, the refund shall consist of a straight line depreciation of the license fee based on a three (3) year useful life as well as any prepaid but unused fees for separately charged Support Services. This Section 9 sets forth Tenable’s sole and exclusive liability and Customer’s sole and exclusive remedy with respect to any claim of intellectual property infringement.
+(c) Exclusions. Tenable shall have no liability with respect to a third party intellectual property infringement claim arising out of: (i) modifications of the Product made to conform with Customer’s specifications; (ii) modifications of the Product made by anyone other than Tenable or a Tenable authorized third party; (iii) Customer’s use of the Product in combination with other products or services not provided by Tenable; (iv) Customer’s failure to use any updated versions of the Product made available by Tenable; or (v) Customer’s use of the Product in a manner not permitted by this Agreement or otherwise not in accordance with the Documentation.
+(d) Requirements. The indemnitor shall only be responsible for the indemnification obligations set forth in this Section 9 if the indemnitee: (i) provides the indemnitor prompt written notice of such action or claim; (ii) gives the indemnitor the right to control and direct the investigation, defense, and/or settlement of such action or claim; (iii) reasonably cooperates with the indemnitor in the defense of such a claim (at the indemnitor’s expense); and (iv) is not in breach of this Agreement. Nothing herein shall prevent the indemnitee from engaging in defense of any such claim with its own legal representation, provided that this does not materially prejudice the indemnitor’s defense. The indemnitor may not settle any claim on behalf of the indemnitee without obtaining the indemnitee’s prior written consent; provided, however, the indemnitor shall not be required to obtain consent to settle a claim which settlement consists solely of: (x) discontinued use of infringing Products and/or (y) the payment of money for which the indemnitor has a duty to indemnify.
+10. Legal Compliance.
+(a) Generally. The Products are intended solely for lawful purposes and use. Each Party agrees to perform their respective obligations in a manner that complies with all applicable national, federal, state and local laws, statutes, ordinances, regulations and codes (“Applicable Laws”) including, without limitation, the Computer Fraud and Abuse Act (CFAA), 18 USC Sec. 1030.
+(b) Exporter of Record. Applicable Laws include U.S. export laws (including the International Traffic in Arms Regulation (ITAR), 22 CFR 120-130, and the Export Administration Regulation (EAR), 15 CFR Parts 730 et seq.). Customer agrees that it will be the exporter of record any time it causes the Products to be accessed outside the United States or by a national of any country other than the United States. The Parties further agree to comply with sanctions administered by the United States government and shall not engage in prohibited trade to persons or entities who are the subject of an active sanction, embargo, or executive order.
+(c) Data Processing Addendum. To the extent applicable, if Tenable is processing personal information on behalf of Customer under any applicable data protection law (e.g., the European Union’s General Data Protection Regulation 2016/679), then such processing shall be in accordance with Tenable’s Data Processing Addendum located at http://static.tenable.com/prod_docs/tenable_slas.html (or successor location).
+11. Governing Law; Venue.
+ (a) For transactions with Tenable, Inc. and Tenable Public Sector LLC, this Agreement shall be governed in all respects by the laws of the State of Delaware, USA, without regard to choice-of-law rules or principles. The Parties agree that: (i) no aspect or provision of the Uniform Computer Information Transactions Act shall apply to this Agreement; and (ii) this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. The Parties hereby submit to the exclusive jurisdiction of the courts of Howard County, Maryland, and the United States District Court for Maryland, Baltimore Division, for any question or dispute arising out of or relating to this Agreement. Due to the high costs and time involved in commercial litigation before a jury, the Parties waive all right to a jury trial with respect to any issues in any action or proceeding arising out of or related to this Agreement.
+(b) For transactions with Tenable Network Security Ireland Limited, this Agreement and any issues, disputes or claims arising out of or in connection with it (whether contractual or non-contractual in nature such as claims in tort, from breach of statute or regulation or otherwise) (“Disputes”) shall be governed by, and construed in accordance with, the laws of Ireland. Customer expressly agrees with Tenable that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All Disputes arising out of or relating to this Agreement shall be subject to arbitration within the meaning of the Arbitration Act 2010 or any legislation amending or repealing that act and shall be an arbitration conducted in Dublin, Ireland in the English language and shall be governed by the Arbitration Act 2010. Notwithstanding the foregoing, nothing in this Agreement shall limit the right of either Party to seek any injunctive, equitable or other interlocutory relief as it may be entitled to in the Courts of Ireland.
+12. Other Legal Clauses.
+(a) Third Parties. Customer may permit a third party (“Customer’s Agent”) to use the Products to perform security services for and on behalf of Customer but solely for Customer’s benefit and solely for Customer’s internal business purposes. Customer shall be fully responsible for Customer’s Agent’s use of the Products, including liability for any breach of this Agreement or use beyond the licensed quantities set forth in the Ordering Document. If Customer elects to utilize a Customer’s Agent to perform Scans on its behalf, then only Customer’s Agent (and not Customer) will be permitted to contact Tenable Support Services. Tenable shall have the right to withdraw its consent to the use of any Customer’s Agent in its reasonable discretion.
+(b) Notices. Any legal notices or other communication pursuant to this Agreement must be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier. All notices to Tenable must be sent to the address described in this Agreement to the attention of the Legal Department (unless otherwise specified by Tenable). All notices Tenable sends to Customer shall be at the physical address referenced in this Agreement (or otherwise provided to Tenable). Tenable may provide notices with regard to Products via the email address Customer provided during Product registration and Customer hereby consents to receive such communications from Tenable in an electronic form.
+(c) Assignment. Neither Party may assign or otherwise transfer this Agreement without the other Party’s prior written consent, which will not be unreasonably withheld; provided, however, either Party may transfer this Agreement to an Affiliate or in connection with a merger or sale of all (or substantially all) of the stock or other ownership units of such Party.
+(d) Force Majeure. With the exception of payment, neither Party shall be liable for any loss or delay (including failure to meet the service level commitment) resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, Internet service provider failures or delays, civil unrest, war or military hostilities, or criminal acts of third parties, and any delivery date shall be extended to the extent of any resulting delay.
+ (e) Language. The language of this Agreement is English and all invoices and other documents given under this Agreement must be in English to be effective. No translation, if any, of this Agreement or any notice will be of any effect in the interpretation of this Agreement or in determining the intent of the parties. The Parties have expressly agreed that all invoices and related documents be drafted in English. The following shall apply solely for Agreements which are under French Canadian jurisdiction: C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
+13. Evaluations and NFR Licenses.
+(a) Evaluations. If Customer wants to conduct an evaluation, proof of value or other similar trial of Tenable Products (“Evaluation Products”), Tenable may (in its sole discretion) provide evaluation licenses for such Evaluation Products in accordance with the following: (i) Customer shall have no obligation to make payment for such Evaluation Product for such evaluation usage; (ii) the license term will expire at the end of the agreed-upon evaluation period, at which time Customer must either return or destroy the Software and cease access to the Hosted Services; and (iii) Tenable shall have no obligation to provide Support Services. Customers may not use the Evaluation Products to scan third party Scan Targets or provide a service to Customer’s clients.
+(b) Technology Partners. Tenable in its sole discretion may allow Customers who are technology partners (a “Technology Partner”) to obtain an Evaluation license and use such evaluation license to create an interoperability (“Interoperability”) between Tenable Products and their own products. At the conclusion of the Evaluation Term, Customer may apply for an NFR license at which time Tenable may convert the Evaluation license to an NFR license. Tenable’s conversion to an NFR license shall be at Tenable’s sole discretion and may require Interoperability validation by Tenable.
+(c) NFR. If Customer is a sales partner or Technology Partner to whom a “Not For Resale” or “NFR” license has been granted, Customer’s license to the Product will commence upon Delivery and continue for a period of one year (unless the Ordering Document sets forth a different term) and shall automatically renew for consecutive one (1) year terms unless either Party provides the other Party with written notice of its non-renewal of the NFR license at least thirty (30) days before the expiration of the then-current term. Notwithstanding the foregoing, Tenable may terminate Customer’s NFR license for its convenience upon thirty (30) days’ notice, or immediately should Customer breach any obligations under this Agreement.
+(d) NFR Customer Prohibitions. Customer shall not purport to take on any obligation or responsibility, or make any representations, warranties, guarantees or endorsements to anyone on behalf of Tenable, including without limitation, relating to Tenable products, software, or services. Except as specifically permitted in this Agreement, Customer shall not state or imply that any of Customer’s products have been endorsed, reviewed, certified or otherwise approved by Tenable.
+(e) NFR Customer Representations. Customer hereby represent and warrant to Tenable that: (i) Customer will not intentionally harm the reputation or goodwill of Tenable through any act or omission, and (ii) Customer have used commercially reasonable efforts to ensure that any software, code, algorithm, API, etc., transferred to Tenable is free from any time bomb, virus, drop dead device, worm, Trojan horse, or trap door that is designed to delete, disable, deactivate, interfere with, or otherwise harm hardware, data, or other programs or that is intended to provide access or produce modifications not authorized by Tenable.
+(f) NFR Customer Responsibilities. Customer shall, at its sole cost and expense, defend (or at its option, settle) and indemnify Tenable and Tenable’s subsidiaries and affiliates, and their officers, directors, employees, representatives and agents, from and against any and all third party claims brought against Tenable based upon a claim that use of Customer’s software or Customer’s product in accordance with this Agreement infringes such third party’s patent, copyright or trademark or misappropriates any trade secret, and shall pay all settlements entered into and damages awarded to the extent based on such claim or action.
+14. General.
+This Agreement constitutes the entire agreement between the Parties, and supersedes all other prior or contemporaneous communications between the Parties (whether written or oral) relating to the subject matter of this Agreement. No Customer document or purchase order shall modify, supersede, or become part of this Agreement, or otherwise contractually bind Tenable unless signed by Tenable. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. If any provision of this Agreement, for any reason, is declared to be unenforceable, the Parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the Parties. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. Customer agrees that Tenable may use Customer’s name or logo in a customer list. Customer may not use Tenable’s name or logo without prior written consent and in accordance with Tenable’s guidelines. No failure or delay by a Party in exercising any right, power or remedy will operate as a waiver of that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving Party. If a Party waives any right, power or remedy, the waiver will not waive any successive or other right, power or remedy the Party may have under this Agreement. The Parties are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the Parties. This Agreement is not intended nor will it be interpreted to confer any benefit, right or privilege in any person or entity not a party to this Agreement. Any party who is not a party to this Agreement has no right under any law to enforce any term of this Agreement. Any provision of this Agreement that imposes or contemplates continuing obligations on a Party and any section which by its nature is intended to survive will survive the expiration or termination of this Agreement, including Sections 3, 4, 8, 9 and 11.
+15. Government Entities. This Section 15 shall only apply to Government Customers, as defined below.
+If Customer is an agency or instrumentality of a sovereign government (a “Government Customer”), all Government Customer end users acquire the rights to use and/or access the Products and or Services with only those rights set forth herein (consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4). The terms and conditions of this Agreement govern Government Customer’s use and disclosure of the Products and supersede any conflicting terms and conditions that may be applicable through the Government Customer’s procurement regulations. If this Agreement fails to meet the Government Customer’s needs or is inconsistent in any way with federal law, the government must return the Product, unused, to Tenable. If Customer is prohibited by law, regulation, or relevant attorney general opinion from agreeing to any clause of this Agreement (collectively, “Restrictions”), the Agreement shall be modified to the extent required under such Restrictions. Each of the components that constitute the Product is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and/or “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212.
+
+SCHEDULE A: SOFTWARE
+This Schedule for Tenable Software is subject to and made part of the Agreement.
+1. General. This Schedule governs Customer’s license of Software.
+2. License; Right to Use. Subject to the terms of the Agreement and payment of the applicable license fees, Tenable grants Customer for the duration of the License Term a non-exclusive, non-transferable, non-sublicensable license to use the Software (in object code form only) solely for Customer’s or Customer’s Affiliates own internal business purposes. Customer’s right to install such Software is limited to use with the computers or machines for which the Software is registered for use. Customer is permitted to make one copy of the Software for backup or archival purposes.
+3. Warranty. Tenable warrants that the Software shall materially conform to the Documentation for a period of thirty (30) days after Delivery. Customer’s sole and exclusive remedy for breach of this warranty shall be for Tenable to, at its sole option: (i) use commercially reasonable efforts to modify or correct the Software such that in all material respects it conforms to the functionality described in the Documentation; or (ii) if Tenable is unable to restore such functionality within a reasonable period of time, Customer shall be entitled to a refund for the non-conforming Software.
+4. Open Source and Third Party Software. Any code or other intellectual property included as part of the Software that was licensed to Tenable by third parties that is not marked as copyrighted by Tenable is subject to other license terms that are specified in the Documentation available on Tenable’s website at https://docs.tenable.com/licensedeclarations/ (or a successor location). Customer agrees to be bound by such other license terms.
+5. Audit Rights. Tenable may, by itself or through a third party independent auditor, audit Customer’s usage of the Software to confirm compliance with this Agreement or the applicable Ordering Document. Tenable shall: (i) provide Customer with reasonable advance notice of the audit; (ii) not request such audit more than once per year; and (iii) not unreasonably interfere with Customer’s business activities when conducting the audit.
+ 
+SCHEDULE B: HOSTED SERVICES
+This Schedule for Tenable Hosted Services is subject to and made part of the Agreement.
+1. General. This Schedule governs Customer’s use of the Hosted Services.
+2. License; Right to Use. Subject to the terms of the Agreement and payment of the applicable license fees, Tenable grants Customer for the duration of the License Term a non-exclusive, non-transferable, non-sublicensable right to access the Hosted Environment and use those modules of the Hosted Services set forth on a valid Ordering Document solely for Customer’s or Customer’s Affiliates own internal business purposes.
+3. Warranty. Tenable warrants that the Hosted Services will materially comply with the functionality described in the Documentation. Customer’s sole and exclusive remedy for breach of this warranty shall be for Tenable to use commercially reasonable efforts to modify the Hosted Services to provide in all material respects the functionality described in the Documentation. If Tenable is unable to restore such functionality within sixty (60) days, Customer shall be entitled to terminate the Agreement and receive a pro-rata refund of any prepaid but unused fees for the nonconforming Hosted Services. Tenable shall have no obligation with respect to a warranty claim hereunder unless Customer notifies Tenable of such claim within thirty (30) days of the date the underlying condition first arose. This warranty shall only apply if the applicable Hosted Service has been utilized in accordance with the Agreement and the Documentation.
+4. Acknowledgements. Customer authorizes Tenable to perform the Scans, including accessing the Scan Targets in the context of the Scans. Customer understands and acknowledges that the Scans may originate or appear to originate from a Tenable URL which could cause Customer (or the owner of the Scan Targets) to believe they are under attack. Customer agrees not to pursue any claims against Tenable as a result of any access to Scan Targets when such access was made in connection with an authorized Scan unless such a claim is based on the gross negligence or willful misconduct of Tenable.
+5. Usage Requirements. Customer must provide current and accurate information in all submissions made in connection with the Hosted Services, including registration information and the location of the Scan Targets to be Scanned. Tenable may, in its reasonable discretion, prohibit or suspend access of certain users of the Hosted Services. Customer agrees to safeguard and maintain the confidentiality of all user names and passwords. Customer further agrees to use best efforts to ensure that no unauthorized parties have access to the Hosted Services through Customer’s account and/or log-in credentials. Customer will promptly notify Tenable of any unauthorized access of which Customer is aware or reasonably suspects. Customer is responsible for compliance with this Agreement and all use of the Hosted Services through Customer’s account.
+6. PCI Scans. Tenable makes no guarantee that a successful completion of a PCI Scan will make Customer compliant with the Payment Card Industry Data Security Standard.
+7. Data Retention Policy. Tenable will maintain Customer Scan data stored in the Hosted Environment for a period of not less than one year from the Scan date. Customer acknowledges that Tenable is in no way responsible for any of Customer’s data retention compliance requirements. Tenable’s data retention policy with respect to PCI Scans will match then-current requirements set forth by the PCI Security Standards Council.
+8. Service Level Agreement. Tenable commits to make access to the Hosted Environment available in accordance with Tenable’s then-current service level agreement, available at http://static.tenable.com/prod_docs/Service_Level_Agreement.pdf (or a successor location).
+
+SCHEDULE C: PROFESSIONAL SERVICES
+This Schedule for Tenable Professional Services is subject to and made part of the Agreement.
+1. General. The Parties may agree, from time to time, on the purchase and sale of Tenable Professional Services, which may be further described in a separate SOW or Services Brief. Except as otherwise agreed to by the Parties in writing, all Services Briefs or SOWs will be governed by this Agreement. In the event of inconsistency between the Agreement and a signed SOW, the signed SOW shall govern.
+2. Type of Services. Tenable offers a range of Professional Services; provided, however, unless otherwise agreed upon in writing, Tenable does not offer creation of custom intellectual property. Tenable is not obligated to provide any Professional Services except as mutually agreed in a Services Brief or SOW.
+3. Deliverables. “Deliverable(s)” means the reports, analysis, codes, scripts slides, documents, examples and other written materials or work results provided as part of the Professional Services.
+4. Intellectual Property Rights.
+(a) Grant of License in Deliverables. Tenable grants Customer a non-exclusive, non-transferable, irrevocable (except in case of breach of the Agreement or SOW) perpetual right to use, copy and create derivative works from the Deliverables (without the right to sublicense) for Customer’s or Customer’s Affiliates internal business operations, as contemplated by the applicable SOW or Services Brief.
+(b) Reservation of Rights. Except for the rights expressly granted herein to Customer, Tenable expressly reserve all other rights in and to the Professional Services and Deliverables. Notwithstanding anything to the contrary in this Schedule, nothing shall prevent Tenable from providing similar Professional Services to other customers and nothing in this Schedule shall be construed to provide any intellectual property rights whatsoever in the Products (or any modifications or enhancements thereto) that Tenable develops or makes generally available for sale to its customers.
+(c) Pre-Existing Materials. Any pre-existing materials, proprietary item or intellectual property rights of either Party which is disclosed or used in performing the Professional Services shall remain fully vested in such Party. Nothing in this Schedule shall transfer any rights whatsoever in Tenable’s Products. Customer hereby grants to Tenable the intellectual property rights (if any) required for Tenable to perform the Professional Services.
+5. Warranty. Tenable warrants that all Professional Services shall be performed in a professional manner and in accordance with industry standards. Tenable further warrants for a period of ten (10) days from the service completion date that the Professional Services shall materially conform to the applicable SOW or Services Brief. If Customer provides written notice of a non-conformity during this warranty period, Tenable shall promptly confirm the non-conformity and upon confirmation, Tenable’s entire liability and Customer’s exclusive remedy shall be for Tenable to use commercially reasonable efforts to re-perform the Professional Services within a reasonable amount of time. If Tenable is unable to re-perform the Professional Services, then Tenable may elect to refund amounts paid by Customer for the non-conforming Professional Services.
+6. Scheduling; Cancellation. Professional Services must be scheduled within three (3) months of the date of the Ordering Document under which such Professional Services were purchased and completed within six (6) months of the Ordering Document. If Customer does not schedule the Professional Services within this time frame, Tenable shall have no obligation to perform the Professional Services or provide a refund. Tenable shall have no obligation to perform the Professional Services or provide a refund if Customer or Customer’s designated attendees do not attend a scheduled training session or cancel a Professional Services engagement without providing proper notice. Customer must provide Tenable at least ten (10) business days’ notice to reschedule any Professional Services.
+7. Customer Responsibilities. For Professional Services occurring on Customer’s site, Tenable agrees to comply with applicable and reasonable security procedures provided Customer provides Tenable with such written procedures in advance. Some of the Professional Services may require Customer to have specialized knowledge or meet particular software or hardware requirements (for example, appropriate computers or appliances, stable Internet connection or up-to-date web browsers or operating system, etc.). If technical issues arise during the Professional Services, Tenable will use commercially reasonable efforts to resolve such issues, but will have no liability based on Customer’s failure to meet technical requirements. Tenable will not provide any refund based on Customer’s failure to meet these prerequisites.
+8. Changes. Either Party may request that a change be made to the Professional Services. Tenable reserves the right to charge a fee for any material changes to the Professional Services. No changes shall be binding unless executed by both Parties.
+9. Non-Solicitation. During the term that Professional Services are being provided and for a period of one (1) year after their completion, Customers will not, either directly or indirectly, solicit for employment any person employed by Tenable or any of its Affiliates that have provided Customer Professional Services under this Agreement. For the avoidance of doubt, this restriction shall not prevent Customer from hiring based on a response to Customer’s advertising in good faith to the general public a position or vacancy to which an employee or worker of Tenable responds, provided that no such advertisement shall be intended to specifically target Tenable personnel.
diff --git a/PKGBUILD b/PKGBUILD
index 0d47e756be5..db9282435c2 100644
--- a/PKGBUILD
+++ b/PKGBUILD
@@ -5,7 +5,7 @@
pkgname=nessus
pkgver=8.6.0
-pkgrel=1
+pkgrel=2
pkgdesc="Nessus vulnerability scanner"
arch=('x86_64')
depends=('gnupg')
@@ -14,7 +14,7 @@ url="https://www.tenable.com/downloads/nessus"
install=${pkgname}.install
# Note: I had to use a file hoster because Tenable doesn't provide a direct link.
-source=("http://localhost:8000/Nessus-${pkgver}-fc20.x86_64.rpm"
+source=("nessus-${pkgver}-fc20.x86_64.rpm::https://www.tenable.com/downloads/api/v1/public/pages/nessus/downloads/9752/download?i_agree_to_tenable_license_agreement=true"
nessus.desktop
nessus.sh
LICENSE)
@@ -22,7 +22,7 @@ source=("http://localhost:8000/Nessus-${pkgver}-fc20.x86_64.rpm"
sha256sums=('b1508aa7353aef36ec780947e942cdb4fa25c6412a6286ec7b5a31f0cefc8e59'
'8c5e82d609a7290c34cbfa5635012cb66820e4e2c1db2bf5808fc306fcefdc30'
'9b8e2c15d86ce7b83806a27bd6685f009ad339f3ea52022b87a75fbd2802ec5a'
- '089073d03bf83e101b50da858348ace6bb2a553ce2249532d6f5d7ed29182dac')
+ 'd647aedd39d571faa3f1a9906db561eecbd9c41605ba7f562261ffb04877ba26')
package() {
install -Dm755 $pkgname.sh "$pkgdir/etc/profile.d/$pkgname.sh"
diff --git a/nessus.install b/nessus.install
index 4b91e9d7e51..a47928dc091 100644
--- a/nessus.install
+++ b/nessus.install
@@ -51,9 +51,27 @@ post_install() {
echo " - See https://wiki.archlinux.org/index.php/Nessus for documentation."
echo
+ echo "### License Agreement ###"
+ echo "Please read the License Agreement at /usr/share/licenses/nessus/LICENSE"
+ echo "because it was automatically accepted for you in order to provide an"
+ echo "automatic install."
+ echo "By using Nessus you wil agree with the License Terms."
+ echo "If you don't agree with the License please uninstall nessus."
+ echo
ldconfig
}
+post_upgrade() {
+ echo
+ echo "### License Agreement ###"
+ echo "Please read the License Agreement at /usr/share/licenses/nessus/LICENSE"
+ echo "because it was automatically accepted for you in order to provide an"
+ echo "automatic install."
+ echo "By using Nessus you wil agree with the License Terms."
+ echo "If you don't agree with the License please uninstall nessus."
+ echo
+}
+
pre_remove() {
if [[ -f /usr/lib/systemd/system/${NESSUS_SERVICE_NAME}.service ]]; then
systemctl stop ${NESSUS_SERVICE_NAME}.service