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    Virtual Desktops

    VDI is vulnerable to advanced threats just like physical endpoints

    Safe Workspace Software End User License Agreement (EULA)

    Safe Workspace® Software End User License Agreement (EULA)

    This End User License Agreement (the “Agreement”) is a legally binding contract between you, either an individual or an entity, or any authorized user thereof (together: “you” or the “Client“) and BUFFERZONE® SECURITY ltd. (“BUFFERZONE “), that govern your access to and use of the Software and/or Services, as defined below.

    The purpose of this Agreement is to allow you to install and use the software licensed or distributed by BUFFERZONE (the “Software“), any related explanatory written materials, as may be updated from time to time on BUFFERZONE’s website (the “Documentation“) and/or the services available of the Software or otherwise provided by BUFFERZONE (the “Services”).

    By assenting electronically, installing or using this Software you accept all the terms and conditions of this agreement. If you do not agree with the terms and conditions of this Agreement, do not continue the installation process and delete or destroy all copies of the Software in your possession. By accessing or using the Software you represent and warrant that you are 18 or older and has the power to lawfully enter into and form binding contracts. If you represent a business entity, you further warrant that you are an authorize representative of such entity and can bind it to the terms and representations of this Agreement.

    PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.

    1. LICENSE

    1.1.        Subject to your acceptance of this Agreement, and in accordance with the terms and conditions herein, BUFFERZONE grants to you one (1) non-exclusive non-assignable, non-transferable, revocable, non perpetual, limited license to use the Software and the Documentation, during the License term (as such was defined when downloading and/or receiving the Software, or at some cases, in a separate agreement specifying  pricing and any other relevant terms).

    1.2.        You may install and use the Software on one computer for one user, or as otherwise specified in the Client’s purchase order accepted and approved in writing by BUFFERZONE. Please note that the Software must be used exclusively by the Client and its authorized users, solely for the commercial purposes of the Client and under the instructions provided in the Documentation. The Client shall be fully responsible towards BUFFERZONE for the compliance of the Client’s users herewith.

    1.3.        The Client may also make up to two backup copies of the Software.

    1.4.        Any use of the software other than as expressly authorized by this section or any resale or further distribution of the software constitutes a material breach of this agreement and may violate applicable copyright laws.

    2. UPGRADES AND UPDATES

    Upgrades and updates of the Software shall be provided to you by BUFFERZONE as long as and to the extent in which BUFFERZONE in its exclusive discretion makes such upgrades that the Client is subscribed for and is paying the applicable subscription fee. Any Such updates, upgrades or Software Releases provided by BUFFERZONE shall be governed by the terms of this Agreement.

    3. OWNERSHIP RIGHTS

    3.1.        The Software and Documentation is the intellectual property of BUFFERZONE and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and code of the Software are valuable trade secrets and confidential information of BUFFERZONE.

    3.2.        To the extent the Client or any user thereof provide any comments or suggestions about the Software to BUFFERZONE, BUFFERZONE shall have the right to retain and use any such comments or suggestions in our current or future products or services, without any sort of compensation to you and without your approval of such retention or use. Except as stated in this Agreement, your possession, installation and use of the Software does not grant you any rights or title to any intellectual property rights in the Software or Documentation.

    3.3.        All rights to the Software and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights are reserved by BUFFERZONE.

    4. RESTRICTIONS

    By using the Software you undertakes not to:

    4.1.        Sell, sublicense, rent, lease, lend, redistribute, or otherwise transfer the Software or any code thereto, related Documentation or materials, or any portions of thereof, to any other party;

    4.2.        Modify or create derivative works of the Software;

    4.3.        Defeat, circumvent, or disable any copy protection mechanism or mechanism in the Software used or designed to limit license duration or access to non-licensed functionality or capacity;

    4.4.        Copy or use the Software or the Documentation except as set forth in Section 3 of this Agreement. You may not remove any proprietary notices or labels on the Software; any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on and in the Software.

    4.5.        Modify, adapt, translate, reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code of the Software or algorithms contained therein or create any derivative works from the Software.

    4.6.        Permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other similar arrangement.

    4.7.        Use the Software or Services in any way that is unlawful or illegal;

    4.8.        Test or permit any third party to test or benchmark nor externally disclose or publish testing or benchmark results for any BUFFERZONE Software without BUFFERZONE’s prior written consent.

    5. WARRANTIES

    THIS SOFTWARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY AND WITHOUT SUPPORT OR OTHER SERVICES BY BUFFERZONE. PERFORMANCE OF THE SOFTWARE MAY BE AFFECTED BY MAINTENANCE PERFORMANCE, FAILURES IN INTERNET CONNECTIVITY, MALFUNCTIONS IN THE SYSTEM AND/OR FAILURES IN THE PROVISION OF THIRD PARTY SERVICES. BUFFERZONE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. BUFFERZONE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SOFTWARE WILL be uninterrupted, error-free or PROVIDE 100% PROTECTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THE CLIENT. THE CLIENT MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

    6. LIMITATION OF LIABILITY

    IN NO EVENT WILL BUFFERZONE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA ARRISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF BUFFERZONE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BUFFERZONE’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE LICENSE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE COPY OF SOFTWARE GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN THOSE JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, THE ABOVE LIMITATIONS WILL NOT APPLY.

    7. U.S. GOVERNMENT RESTRICTED RIGHTS

    This Software and Documentation are deemed to be commercial computer software and commercial computer software documentation, respectively, and subject to certain restricted rights as identified in FAR Section 52.227-19 “Commercial Computer Software – Restricted Rights” and DFARS 227.7202, Rights in Commercial Computer Software or Commercial Computer Software Documentation, as applicable, or any successor U.S. regulations. Any use, modification, reproduction, release, performance, display or disclosure of the Software by the U.S. Government shall be done solely in accordance with this Agreement.

    8. GOVERNING LAW AND JURISDICTION

    The laws of the State of Israel, excluding its conflicts of law rules, govern this Agreement and your use of the Software and the Documentation. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The courts located within Tel Aviv, Israel, shall be the exclusive jurisdiction and venue for any dispute or legal matter arising out of or in connection with this Agreement or your use of the Software and the Documentation. Notwithstanding this, you agree that BUFFERZONE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

    9. TERMINATION

    9.1.        This Agreement shall terminate and any license granted hereunder shall automatically  revoke if you fail to comply with the terms of this Agreement. You may terminate this Agreement at any time without notice by discontinue all further use of the Software and promptly uninstall and erase/delete all copies of the Software in your possession. Upon termination hereof the license granted herein shall expire.

    9.2.        BUFFERZONE reserves the right to any other remedies available under law in the event the Client’s breach of this Agreement adversely affects BUFFERZONE or its distributors or agents.

    9.3.        The limitations of liability and disclaimers of warranty and damages contained herein shall survive termination of this Agreement.

    10. GENERAL

    Purchase orders or similar documents relating to the Software sold by BUFFERZONE will have no effect on the terms of this Agreement unless specifically approved in writing by BUFFERZONE.  No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by BUFFERZONE. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

    11. PRIVACY POLICY

    BUFFERZONE software does not collect or store any personally identifiable information such as user names, source IP addresses, cookies, or geographical information. BUFFERZONE’s Anti-phishing module collects site URLs (redirected and final, including frames; only domain and path, not including cookies) from user browsing sessions for phishing analysis, and stores it in its cloud reputation database. Full privacy policy

    12. BUFFERZONE Beta Program

    The optional BUFFERZONE Beta program (“BBP”) enables you to contribute to BUFFERZONE ongoing development by allowing the BUFFERZONE agent on your system to provide us with information that enables us to improve our products and services, to fix problems, and to advise you on how best to deploy and use our products. By joining BBP, you accept that the product may contain more functional issues than expected.

    With BBP, BUFFERZONE collects technical information about your system’s and organization’s use of BUFFERZONE on a regular basis. This information does not personally identify any individual or system. Additionally, when you report an issue via the BUFFERZONE support portal, such as but not limited to reports initiated from within the product, the report may include logs and debugging data. The support site is hosted by Atlassian, and data will be available to BUFFERZONE support personnel only.