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