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Brute Ratel EULA
END USER LICENSE AGREEMENT FOR BRUTE RATEL C4 Dark Vortex sells licenses and provides support for Brute Ratel C4 for legitimate research and lawful penetration testing services. Brute Ratel C4 is a penetration testing tool and does not promote or support unlawful activities. Brute Ratel C4 is an extremely technical software and it is only meant to be used by professionals with expertise in a similar field. It is up to the user to make sure the software meets your needs. Dark Vortex does not provide support for additional tools or exploit softwares which can be used alongside Brute Ratel C4. Dark Vortex is only responsibile for Brute Ratel C4 and it's modules provided alongside during the purchase in accordance with this license agreement. All users acknowledge that Dark Vortex disowns all liability for damages caused by the use of Brute Ratel C4 or it’s modules provided as a part of the software. Dark Vortex reserves the right to cancel the license if it is found to be used for unlawful activities. Please make sure you read through, understand and agree with these terms before you purchase or download Brute Ratel C4. END USER LICENSE AGREEMENT Brute Ratel C4 (the “Software Product” or “Software”) and accompanying documentation, modules is provided as a limited license and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Dark Vortex owns the intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement"). Acceptance YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT. License Term/Grant The License Term is the period in which the Licensee is authorized to use the software. This period is specified when the product is ordered. A usual License Term is one year from the date of purchase which is hereby considered as default. Brute Ratel C4's default license is for one user per license key for one year. . Dark Vortex hereby grants to the Licensee, during the License Term only, a non-
exclusive, non-transferable license to use Brute Ratel C4 solely for ethical penetration testing purposes only. Licensee shall ensure that only one User uses the software for each purchased license key. No other users are licensed/authorized to use the Software. However, any number of operators can connect to the server hosted by a user to engage with the Software. A single user is only allowed to host, a maximum of and no more than two servers (hereon known as the RATEL Server) at any given point of time. Trial License Dark Vortex provides trial version of Brute Ratel C4 for evaluation purposes to selective individuals and companies. Subject to the terms and conditions of this agreement, Dark Vortex provides the trial license as a non-exclusive, non-transferable license to use Brute Ratel solely for evaluation purposes only. The trial licenses are not eligible for any updates and several artefacts within the software are hardcoded which can trace the metadata of the software back to the licensee. This limitation of artefact does not apply to a purchased license whatsoever. The default trial term is 7 days. The trial licenses are not to be sold and can be revoked by Dark Vortex at any point of time. Updates Dark Vortex grants the right to use Brute Ratel or any part of this software, software updates during the license term only. During the license term, users shall be entitled to receive updates to the software product that add additional features as made available with every release. There shall be no extra cost for any new software component and all new components will be made available to the end users. Users shall not distribute any information regarding Brute Ratel C4, its components, updates or any related derivative works to any third parties, including but not limited to, anti-virus vendors or to organizations that collect samples for anti-virus vendors or for reverse engineering. Support Dark Vortex offers support over E-mail and Discord for the Software during the License Term only. Dark Vortex is not obligated to support third-party products or dependencies used with the Software. Restrictions on Transfer Without first obtaining the express written consent of Dark Vortex, you may not assign your rights and obligations under this Agreement, or redistribute, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product. Restrictions on Use You may not "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. The software product is developed in a manner to protect itself from “reverse- engineering” and debugging and it would stop working if in any manner is tampered with. Dark Vortex reserves the right to not provide support during such engagements.
Restrictions on Alteration You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. Disclaimer of Warranties and Limitation of Liability THE SOFTWARE PRODUCT IS BEING PROVIDED "AS IS" AND UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DARK VORTEX, DARK VORTEX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. LICENSEE WARRANTS THAT THE SOFTWARE PRODUCT WILL BE USED BY AN EXTREMELY TECHNICAL AND SKILLED USER AND MUST BE USED IN A SAFE AND ETHICAL MANNER. DARK VORTEX MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. DARK VORTEX MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU AND ONLY YOU, BEAR THE SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. DARK VORTEX WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL DARK VORTEX, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OF DARK VORTEX OR ANY OTHER PARTY, EVEN IF DARK VORTEX IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, AND ANY DAMAGES RELATING TO THE SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE PRODUCT LICENSES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS DARK VORTEX'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. Limitation of Remedies and Damages Any claim must be made within the applicable warranty period. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold
Dark Vortex harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions and from any claims of third parties arising out of your use of the Software Products. Governing Law, Jurisdiction and Costs This Agreement is governed by the laws of the State of Maharashtra, India, without regard to Maharashtra's conflict or choice of law provisions. Severability If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. Termination Licenses subject to this Agreement will be forfeited if you fail to comply with any of the terms of this Agreement or are in breach of this Agreement. Nondisclosure of Confidential Information “Confidential Information” means all non-public, confidential or proprietary information, in whatever form or medium, by one party to the other party or its affiliates, or to any of such party’s or its affiliates’ employees officers, directors, partners, members, shareholders, agents, attorneys, accountants, contractors or advisors, and shall include, but not be limited to, the Software licensed by Dark Vortex to you, information relating to a party’s business concepts, non- public or personal information about customers, merchandising methods, ideas, processes, formulas, data programs, know-how, improvements, discoveries, business plans, financial information and compilations, developments, designs, inventions, techniques, marketing plans, strategies, forecasts, potential new product information, budgets, technology, projections, pricing strategies, costs, customer and supplier information, consumer personally identifiable information and all other information defined as a “trade secret” under the laws of the applicable jurisdictions. Dark Vortex and you agree that the Receiving Party will promptly notify the Disclosing Party of any unauthorized use or disclosure of Confidential Information, or any other breach of this Agreement; and assist the Disclosing Party in every reasonable way to retrieve any Confidential Information that was used or disclosed by the Receiving Party or an employee, agent and representative of the Receiving Party without the Disclosing Party’s specific prior written authorization and to mitigate the harm caused by the unauthorized use or disclosure. Dark Vortex and you agree that the Receiving Party will not be in breach of this section by using or disclosing Confidential Information if the Receiving Party demonstrates that the information used or disclosed (a) is generally available to the public other than as a result of a disclosure by the Receiving Party or an employee, agent and representative of the Receiving Party; (b) was received by the Receiving Party from a third party without any limitations on use or disclosure; or (c) was independently developed by the Receiving Party without use of the Confidential Information.
Dark Vortex and you agree that upon the request of the Disclosing Party, the Receiving Party will (a) promptly return to the Disclosing Party all materials furnished by the Disclosing Party containing Confidential Information, together with all copies and summaries of Confidential Information in the possession or under the control of the Receiving Party, and provide written certification that all such Confidential Information has been returned to the Disclosing Party, or (b) promptly destroy all materials furnished by the Disclosing Party containing Confidential Information, together with all copies and summaries of Confidential Information in the possession or under the control of the Receiving Party, and provide written certification that all such Confidential Information has been destroyed by the Receiving Party. Dark Vortex and you acknowledge and agree that the remedies available at law for any breach of this Agreement will, by their nature, be inadequate. Accordingly, each Party may obtain injunctive relief or other equitable relief to restrain a breach or 7threatened breach of this Agreement or to specifically enforce this Agreement, without proving that any monetary damages have been sustained. Miscellaneous This agreement does not create or imply any relationship in agency or partnership between you and Dark Vortex. This Agreement and the terms and conditions contained in this Agreement apply and are binding upon your successors and assignees. This Agreement may be updated from time to time and any changes will be posted on our website. By continuing to access the Software after any changes become effective, you agree to be bound by the revised terms. The failure of Dark Vortex to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.