Burp Suite Community Edition Terms and Conditions of Supply IMPORTANT

NOTICE: PLEASE READ THE FOLLOWING TERMS BEFORE ORDERING

OR DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE, AS
APPLICABLE TO THE LICENCE AND USE OF THAT SOFTWARE. These
Burp Suite Community Terms and Conditions of Supply together with the
documents referred to in it ("Terms") constitute the terms and conditions on
which PortSwigger Ltd ("Licensor") will grant to any user ("Licensee") a licence
to use the software comprising Burp Suite Community Edition ("Burp Suite
Community Edition" or the "Software"), following acceptance of an order as
detailed below. The following expressly form part of the Terms: - The Burp
Suite Community Licence Agreement; - The General Terms and Conditions; -
The Privacy Policy; and - Any other documents referred to in the above. The
Terms apply to the exclusion of any other terms that the Licensee seeks to
impose or incorporate, or which are implied by trade, custom, practice or
course of dealing. 1. Licences to Burp Suite Community Edition are available
for download via the Licensor's website at https://portswigger.net/buy . 2. By
pressing the "Download" button for Burp Suite Community Edition or checking
"I have read and accept the terms and conditions" on a webform is an offer by
the Licensee to adhere to the terms of the licence to the Software and does not
constitute a contract until such time as the Licensor issues an email or web
confirmation that the download is completed. Notwithstanding the foregoing,
by installing the Software the Licensee affirms that it agrees to the terms of the
License and the Burp Suite Community Edition terms and conditions of supply,
which bind the Licensee and its employees. The contract will only relate to the
Software the Licensee has licensed, as set out in that confirmation or accepted
by installing it. Notwithstanding any other communications between the parties,
ordering and/ or downloading the Software by the Licensee, or the download of
the Software by another party at the instigation of the Licensee, shall constitute
conclusive evidence that the Licensee has downloaded the Software on the
basis of these Terms and Conditions of Supply and PortSwigger Ltd's order
quotation. 3. When the agreement to licence the Burp Suite Community Edition
has been concluded, such contract is made for the benefit of the Licensee and
Portswigger Ltd only and is not intended to benefit, or be enforceable by,
anyone else. 4. These Terms (including all the documents referred to in them)
are governed by and construed in accordance with English Law and submitted
to the exclusive jurisdiction of the English courts. Burp Suite Community
Edition Licence Agreement This licence agreement which incorporates the
General Terms and Conditions below (Licence) forms part of the Terms for the
Software, which includes computer software, and the online documentation
current at the date of the download of this Licence and accessible on
https://support.portswigger.net/ (Documentation). THE DOCUMENTATION
CONTAINS THE SYSTEM REQUIREMENTS TO RUN BURP SUITE
COMMUNITY EDITION . INTERNET ACCESS IS REQUIRED DURING
INSTALLATION TO ACTIVATE THE SOFTWARE. IF THE LICENSEE DOES
NOT AGREE TO THE TERMS OF THE LICENCE AND THE BURP SUITE
COMMUNITY EDITION TERMS AND CONDITIONS OF SUPPLY, THE
LICENSOR IS UNWILLING TO LICENSE THE SOFTWARE TO THE
LICENSEE AND (1) THE LICENSEE MUST NOT INSTALL THE
SOFTWARE;AND/OR(2)
WHERETHESOFTWAREHASALREADYBEENINSTALLED,THELICENSEE
MUST CEASE USING IT IMMEDIATELY. WARNING: BURP SUITE
COMMUNITY EDITION IS DESIGNED TO TEST FOR SECURITY FLAWS
AND CAN DO DAMAGE TO TARGET SYSTEMS DUE TO THE NATURE OF
ITS FUNCTIONALITY. TESTING FOR SECURITY FLAWS INHERENTLY
INVOLVES INTERACTING WITH TARGETS IN NON-STANDARD WAYS
WHICH CAN CAUSE PROBLEMS IN SOME VULNERABLE TARGETS. THE
LICENSEE MUST TAKE DUE CARE WHEN USING THE SOFTWARE, MUST
READ ALL DOCUMENTATION BEFORE USE AND BACK UP TARGET
SYSTEMS BEFORE USE. WHERE THE LICENSEE USES THE SOFTWARE
ON PRODUCTION SYSTEMS OR OTHER SYSTEMS, IT EXPRESSLY
HEREBY ACCEPTS THE RISK OF DAMAGE AND RISK OF LOSS OF DATA
OR LOSS OF USE IN RESPECT OF SUCH DATA AND SYSTEMS AND
ACCEPTS THAT IT SHOULD NOT USE THE SOFTWARE ON ANY
SYSTEMS FOR WHICH IT DOES NOT ACCEPT THE RISK OF DAMAGE,
RISK OF LOSS OF DATA OR LOSS OF USE. 1. GRANT AND SCOPE OF
LICENCE 1.1. In consideration of the Licensee agreeing to abide by the terms
of the Licence, the Licensor hereby grants to the Licensee a non-exclusive,
non-transferable licence to use the Software and the Documentation on the
terms of the Licence. The Licence may be revoked by the Licensor at any time
acting in its sole discretion. 1.2. The Licensee may: 1.2.1. download, install and
use the Software, including any Burp Apps (as defined in General Terms and
Conditions, section 5) for its internal business purposes (which may, include
the provision of a bespoke consultancy service to clients where the Licensee is
acting in a business advisory capacity) only; 1.2.2. make one copy of the
Software for back-up purposes only, provided that this is necessary for the
activities permitted under section 1.2.1; 1.2.3. use any Documentation in
support of the use permitted under section 1.2.1 and make such numbers of
copies of the Documentation as are reasonably necessary for its lawful use;
and 1.2.4. analyse the behaviour and performance of the documented
functionality of the Software and any Burp Apps (defined as aforesaid) and
disclose the findings of such analysis to any party provided that such findings
are provided simultaneously and in identical form to the Licensor. 1.3. The
Licensee is not permitted to resell the Software. 2. LICENSEE'S WARRANTY
AND UNDERTAKINGS 2.1. In addition to the warranties and undertakings
given in the General Terms and Conditions, the Licensee undertakes to keep
confidential any credentials provided by the Licensor enabling the Licensee to
log in to the Licensor's server (for the purposes of downloading product builds
and licence keys and to perform product activation, to create Extensions (as
defined in General Terms and Conditions, section 2)). 3. LICENSOR'S
LIABILITY: ATTENTION IS DRAWN PARTICULARLY TO THE PROVISIONS
OF THIS CONDITION 3.1. Subject to the General Terms and Conditions,
section 6.1, the Licensor's maximum aggregate liability under or in connection
with this Licence, or any collateral contract, whether in contract, tort (including
negligence) or otherwise, shall be limited to twenty five pounds Sterling.
GENERAL TERMS AND CONDITIONS These terms and conditions are
applicable to and form part of the Terms entered into between the Licensee
and the Licensor for the Software and apply, unless specified or the context
otherwise requires, whether the Software has been acquired either directly or
indirectly by way of free download, pre-purchase or purchase on credit, free
trial or by way of free licence for training purposes. Unless the context
otherwise requires words and expressions used in the remainder of the Terms
shall have the same meanings when used in these terms and conditions. 1.
LICENSEE'S WARRANTY AND UNDERTAKINGS 1.1. The Licensee warrants
that it is not using licences to the Software as a consumer, but will be using the
Software in its business and that any users placing orders for the Software
and/or accepting these Terms are duly authorised by the Licensee to acquire
licences to the Software. 1.2. Except as expressly set out in the Licence or as
permitted by any local law, the Licensee undertakes: 1.2.1. not to use (or allow
to be used) the Software, the Documentation for any unlawful purposes,
particularly as the Software contains functionality that can be used to attack
and compromise computer systems, and the Licensee shall be responsible for
all losses, costs, liabilities or other damages incurred by the Licensor in
connection with any claim by a third party in connection with a breach by the
Licensee of this obligation; 1.2.2. to keep confidential any credentials provided
by the Licensor enabling the Licensee to log in to the Licensor's server (for the
purposes of downloading product builds and licence keys and to perform
product activation, to create Extensions (as defined in section 5); 1.2.3. to
obtain all necessary authorisations from system owners prior to using the
Software or any Burp Apps thereon; 1.2.4. unless agreed by the Licensor not to
copy the Software or Documentation except where such copying is incidental
to normal use of the Software, or where it is necessary for the purpose of
back-up or operational security; 1.2.5. subject to the provisions of section 5, not
to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the
Software or Documentation; 1.2.6. subject to the provisions of section 5, not to
make alterations to, or modifications of, the whole or any part of the Software,
nor permit the Software or any part of it to be combined with, or become
incorporated in, any other programs; 1.2.7. not to disassemble, decompile,
reverse engineer or create derivative works based on, the whole or any part of
the Software nor attempt to do any such thing except to the extent that (by
virtue of section 296A of the Copyright, Designs and Patents Act 1988) such
actions cannot be prohibited because they are essential for the purpose of
achieving inter-operability of the Software with another software program, and
provided that the information obtained by the Licensee during such activities:
1.2.7.1. is used only for the purpose of achieving inter-operability of the
Software with another software program; and 1.2.7.2. is not unnecessarily
disclosed or communicated without the Licensor's prior written consent to any
third party; and 1.2.7.3. is not used to create any software which is substantially
similar to the Software; 1.2.8. to supervise and control use of the Software and
ensure that the Software is used by the Licensee's employees and
representatives in accordance with the terms of the Licence; 1.2.9. to replace
the current version of the Software with any updated or upgraded version or
new release provided by the Licensor to the Licensee via its account or the
Software, immediately on receipt (and failure to do so may result in the
Licensee's ineligibility for support pursuant to this Agreement); 1.2.10. to keep
all copies of the Software secure and to maintain accurate and up-to-date
records of the number of locations of all copies of the Software; 1.2.11. to
include the copyright notice of the Licensor on all entire and partial copies the
Licensee makes of the Software on any medium; 1.2.12. not to provide or
otherwise make available the Software in whole or in part (including but not
limited to program listings, object and source program listings, object code and
source code), in any form to any person other than the Licensee's employees
without prior written consent from the Licensor; 1.2.13. unless specifically
authorised by the Licensor in writing, not to use the Software as part of an
automated service offering to third parties; 1.2.14. not to engage in any activity,
practice or conduct which would constitute an offence under sections 1, 2, or 6
of the Bribery Act 2010, if such activity, practice or conduct had been carried
out in the UK; and 1.2.15. to be responsible for all liability claims, actions, or
causes of action, together with the legal costs of the Licensor in bringing the
same, arising by reason of or in any way relating to the Licensee's actions or
activities of its employees, agents, or contractors under the Licence. 2.
SUPPORT 2.1. The downloading of a licence for the Software entitles the
Licensee to free product support provided via the Licensor's support centre
portal on its website at the Licensor's sole discretion. Such support will be
subject to any support conditions, guidance or FAQs on
https://support.portswigger.net/ from time to time. 3. BURP COLLABORATOR
3.1. The Licensor has developed Burp Collaborator which is a component of
the Software's automated and manual testing tools available in respect of the
Burp Suite Enterprise Edition and Burp Suite Professional Software and the
terms of this section 3 shall only apply in respect of that Software. Burp
Collaborator involves the Licensee deploying a system on the public web (the
"Collaborator Server") which acts as the recipient of third-system interactions
that may be triggered by payloads that the Software sends to target systems
enabling the detection of certain types of vulnerability. A full description of the
functionality of Burp Collaborator forms part of the Documentation if it applies
to the version of the Software the Licensee has downloaded. 3.2. The
functionality of Burp Collaborator gives rise to issues that require careful
consideration by the Licensee as fully set out in the Documentation. By
utilising any features of the Software that may cause interaction with Burp
Collaborator, the Licensee will be deemed to have read the relevant
Documentation, fully understood the functionality and the alternative methods
of utilisation of Burp Collaborator and considered the consequences of
utilisation for its organisation and as a result of such consideration has decided
that Burp Collaborator, in the form utilised by it, is suitable and appropriate for
use by it. The Licensor considers Burp Collaborator to be efficacious in
identifying vulnerabilities of the target website in connection with third-system
interactions, but the Licensee must make its own evaluation before using the
Collaborator Server in any of the alternative manners set out in the
Documentation. 3.3. If the Licensee is permitted by the Licensor to use the
Burp Collaborator server as part of a bespoke consultancy permitted under the
terms of the Licence, by doing so the Licensee warrants to the Licensor that it
has recommended the client to use the Burp Collaborator server in accordance
with the terms of the Documentation and the client has instructed the Licensee
to use the same having discussed with the Licensee the contents of the
Documentation relating thereto. 3.4. The Licensee acknowledges and accepts
that by utilising the Burp Collaborator server either on its own behalf or on
behalf of a client pursuant to a bespoke consultancy, the Licensor could be a
Sub- Processor of its client's personal data under the provisions of the General
Data Protection Regulation (Regulation (EU) 2016/679). If the Licensor does
act as a Sub-Processor, it shall handle the Licensee or the Licensee's client's
data in accordance with its Privacy Notice and as set out in the Documentation
relating to Burp Collaborator. 4. BURP INFILTRATOR 4.1. The Licensor has
developed Burp Infiltrator which is a component of the Software for
instrumenting deployed applications in order to facilitate testing using the
Software in respect of the Burp Suite Enterprise Edition and Burp Suite
Professional Software and the terms of this section 4 shall only apply in
respect of that Software. Burp Infiltrator involves the Licensee deploying or
procuring deployment of the Infiltrator component within the target system
which enhances the ability of the Software to detect certain types of
vulnerability. A full description of the functionality of Burp Infiltrator forms part
of the Documentation if it applies to the version of the Software the Licensee
has downloaded. 4.2. The functionality of Burp Infiltrator gives rise to issues
that require careful consideration by the user as fully set out in the
Documentation. By deploying or procuring deployment of the Infiltrator tool, the
Licensee will be deemed to have read the relevant Documentation, fully
understood the functionality of Burp Infiltrator and considered the
consequences of utilisation for its organisation and any bespoke consultancy
clients of the Licensee and, as a result of such consideration, has decided that
Burp Infiltrator is suitable and appropriate for use by it and by any client of the
Licensee. The Licensor considers Burp Infiltrator to be efficacious in helping to
identify vulnerabilities of the target website, but the Licensee must make its
own evaluation before utilising Burp Infiltrator in the manner set out in the
Documentation. 4.3. If the Licensee causes its client to install Burp Infiltrator as
part of a bespoke consultancy permitted under the terms of the Licence, by so
doing it warrants to the Licensor that it has recommended to the client to install
Burp Infiltrator on its system and has discussed with the client the contents of
the Documentation relating thereto and the potential consequences of such
installation. 5. EXTENSIONS 5.1. In the Licence Agreement "Extension"
means all programming additions made by a Licensee or on his behalf or with
his concurrence to the Software using the Burp Extender API (as hereinafter
defined) to either: 5.1.1. extend the functionality of the Software or any other
software produced by the Licensor; or 5.1.2. enable the Software or any other
software produced by the Licensor to inter-operate with other software; but not
to copy, clone, reproduce or emulate any existing feature of any software
produced by the Licensor; and "Burp App" or "BApp" means an Extension
adopted by the Licensor pursuant to this clause. 5.2. "Burp Extender API"
means the official Burp Extender application programming interface made
available by PortSwigger Ltd and further described as part of the
Documentation. 5.3. Extensions may be created for the use of the Licensee
provided that if any such Extension is published (which, for the avoidance of
doubt, shall include sharing such Extension with another licensee or a third
party unless the party to which the Extension is provided is either a client of the
Licensee and the relevant Extension has been created for use on an
engagement for that or another client of the Licensee, or another Licensee
within the Licensee's organisation) the Licensee shall notify the Licensor and
provide to it a copy of such Extension and the Licensee agrees that any such
Extension shall, at the option of the Licensor, become either: 5.3.1. a Burp App;
or 5.3.2. part of the Software. 5.4. When the creation of an Extension is notified
to the Licensor or shared publicly and comes to the attention of the Licensor
the Licensor has the option, in its sole discretion, to make the Extension a Burp
App (Burp App, or BApp) after having carried out such diligence as it deems
appropriate, on the Extension. 5.5. The Licensor has established the BApp
Store product feature where Burp Apps are described and may be downloaded
without charge for use as an Extension. 5.6. All Extensions and Burp Apps
remain the property of the author but by creating such Extension, the author
has granted an irrevocable, worldwide, perpetual, non-exclusive licence free of
charge to the Licensor to incorporate such Extension in the Software and to
use, copy, modify and adapt it for any purpose at the Licensor's option and an
irrevocable, perpetual, non-exclusive licence to use the Extension free of
charge to all third party licensees who download the Burp App from the BApp
Store. 5.7. If, at the sole option of the Licensor, the Licensor incorporates an
Extension into the Software a notice will be placed on the BApp Store to that
effect. 5.8. The Licensor retains the right, without incurring any liability to the
Licensee, to disable without notice any Burp App being used by the Licensee
where the Licensor considers in its sole discretion that it is necessary to do so
for operational, security or quality reasons. 6. THIRD PARTY SOFTWARE The
Software may make use of third party technology that is provided with the
Software. The Licensor may provide certain notices to the Licensee in the
Documentation, readmes or notice files in connection with such third party
technology. Third party technology will be licensed to the Licensee either
under the terms of this License or, if specified in the Documentation, readmes
or notice files, under separate terms or as otherwise notified to the Licensor by
the Licensee. 7. INTELLECTUAL PROPERTY RIGHTS 7.1. The Licensee
acknowledges that all intellectual property rights in the Software and the
Documentation anywhere in the world belong to the Licensor, that rights in the
Software are licensed (not sold) to the Licensee, and that the Licensee has no
rights in, or to, the Software or the Documentation other than the right to use
them in accordance with the terms of the Licence. 7.2. The Licensee
acknowledges that it has no right to have access to the Software in source
code form. 7.3. The integrity of this Software is protected by technical
protection measures (TPM) so that the intellectual property rights, including
copyright, in the Software of the Licensor are not misappropriated. The
Licensee must not attempt in any way to remove or circumvent any such TPM,
nor apply or manufacture for sale or hire, import, distribute, sell or let for hire,
offer or expose for sale or hire, advertise for sale or hire or have in its
possession for private or commercial purposes any means the sole intended
purpose of which is to facilitate the unauthorised removal or circumvention of
such TPM. 7.4. The Licensor will defend Licensee against any claim, demand,
suit or proceeding made or brought against Licensee by a third party alleging
that any Software or services infringe or misappropriate such third party's
intellectual property rights (a "Third Party IPR Claim"), and will indemnify
Licensee from any direct damages, finally awarded against Licensee as a
result of, or for amounts paid by Licensee under a settlement approved by
Licensor in writing of, a Third Party IPR Claim, provided that, in each case the
Licensee: 7.4.1. promptly gives Licensor written notice of the Third Party IPR
Claim; 7.4.2. gives the Licensor, at its sole option, the sole control of the
defence and settlement of the Third Party IPR Claim; and 7.4.3. gives Licensor
all reasonable assistance, at Licensor's expense. If Licensor receives
information about an infringement or misappropriation claim related to the
Software or services, Licensor may in its discretion and at no cost to Licensee
(i) modify the Software or services so that they are no longer claimed to
infringe or misappropriate, (ii) obtain a license for Licensee's continued use of
the Software or services in accordance with this Agreement, or (iii) terminate
Licensee's subscriptions for such Software or services upon 30 days' written
notice and refund Licensee any prepaid fees covering the remainder of the
term of the terminated licence. The above defence and indemnification
obligations do not apply if (1) the allegation does not state with specificity that
the Software or services are the basis of the Third Party Claim; (2) a Third
Party Claim arises from the use or combination of the Software or services or
any part thereof with software, hardware, data, or processes not provided by
Licensor, if the Software or Services or use thereof would not infringe without
such combination; (3) a Third Party Claim arises from Software or services for
which there is no charge or has been provided on a free trial or community
licence basis; or (4) a Third Party Claim arises from the Licensee's or a third
party's materials or application or Licensee's breach of this Agreement. This
clause provides the Licensor's sole liability to, and the Licensee's exclusive
remedy against, the Licensor for any Third Party IPR Claim. 8. LICENSOR'S
WARRANTY 8.1. The Licensee acknowledges that the Software and the Burp
Apps are provided "as is" and have not been developed to meet its individual
requirements, and that it is therefore the Licensee's responsibility to ensure
that the facilities and functions of the Software as described in the
Documentation and the facilities and functions of any Burp App meet its
requirements. 8.2. The Licensee acknowledges that the Software and the Burp
Apps may not be free of bugs or errors, and agree that the existence of minor
errors shall not constitute a breach of the Licence. 9. LICENSOR'S LIABILITY:
ATTENTION IS DRAWN PARTICULARLY TO THE PROVISIONS OF THIS
CONDITION 9.1. Nothing in the Licence shall limit or exclude the liability of
either party for death or personal injury resulting from negligence, fraud,
fraudulent misrepresentation or any other liability that cannot be limited by law.
9.2. Subject to section 9.1, the Licensor's liability for losses suffered by the
Licensee arising out of or in connection with the Licence (including any liability
for the acts or omissions of its employees, agents and subcontractors),
whether arising in contract, tort (including negligence), misrepresentation or
otherwise, shall not include liability for: 9.2.1. loss of turnover, sales or income;
9.2.2. loss of business profits or contracts; 9.2.3. business interruption; 9.2.4.
loss of the use of money or anticipated savings; 9.2.5. loss of information; 9.2.6.
loss of opportunity, goodwill or reputation; 9.2.7. loss of, damage to or
corruption of software or data; or 9.2.8. any indirect or consequential loss or
damage of any kind howsoever arising and whether caused by tort (including
negligence), breach of contract or otherwise. 9.3. The Licence sets out the full
extent of the Licensor's obligations and liabilities in respect of the supply of the
Software and Burp Apps. In particular, there are no conditions, warranties,
representations or other terms, express or implied, that are binding on the
Licensor except as specifically stated in the Licence. Any condition, warranty,
representation or other term concerning the supply of the Software and Burp
Apps which might otherwise be implied into, or incorporated in, the Licence, or
any collateral contract, whether by statute, common law or otherwise, is
hereby excluded to the fullest extent permitted by law. 10. PUBLICITY AND
COMMUNICATION 10.1. By entering into the Licence the Licensee agrees that
the Licensor may refer to the Licensee as one of its customers internally and in
externally published media and, where relevant, the Licensee grants its
consent to the use of the Licensee's logo(s) for this purpose, unless the
Licensee notifies the Licensor in writing that the Licensor may not refer to it for
such purpose. Any additional disclosure by the Licensor with respect to the
Licensee shall be subject to its prior written consent. 10.2. By entering into the
Licence, the Licensee consents that the Licensor may process the personal
data that it collects from the Licensee in accordance with the Licensor's
Privacy Policy. The Licensee is responsible for ensuring it has in place all
relevant consents, permissions or rights to share any personal data with the
Licensor for the Licensor's use in accordance with the Privacy Policy and these
Terms. In particular, the Licensor may use information it holds about the
Licensee or its designated contacts for the purposes of, inter alia, sending out
renewal reminders, questionnaires to certain categories of users including
non-renewers and feedback requests. 10.3. Any questions, comments and
requests regarding the Licensor's data processing practices may be
addressed to [email protected]. 11. TERMINATION 11.1. The Licensor
may terminate the Licence immediately by written notice to the Licensee if the
Licensee or any of its users commit a material or persistent breach of the
Licence which the Licensee fails to remedy (if remediable) within 14 days after
the service of written notice requiring the Licensee to do so. 11.2. Upon
termination for any reason: 11.2.1. all rights granted to the Licensee under the
Licence shall cease; 11.2.2. the Licensee must cease all activities authorised
by the Licence; 11.2.3. the Licensee must immediately delete or remove the
Software and any Burp Apps from all computer equipment in its possession,
and immediately destroy or return to the Licensor (at the Licensor's option) all
copies of the Software and Burp Apps then in its possession, custody or
control and, in the case of destruction, certify to the Licensor that it have done
so; and 11.2.4. the Licensee must immediately pay to the Licensor any sums
due to the Licensor under the Licence. 12. TRANSFER OF RIGHTS AND
OBLIGATIONS 12.1. The Licence is binding on the Licensee and the Licensor,
and each of their respective successors and assigns. 12.2. The Licensee may
not transfer, assign, charge or otherwise dispose of the Licence, or any of its
rights or obligations arising under it, without the Licensor's prior written
consent. 12.3. Where Licensee is a company, the licenses granted hereunder
shall also extend to the Licensee's Group members (meaning, in relation to
any company, that company, its subsidiaries, its ultimate holding company and
all subsidiaries of such ultimate holding company, as such terms are defined in
the Companies Act 2006), provided that such Group members have no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
the Agreement. 12.4. The Licensor may transfer, assign, charge, sub-contract
or otherwise dispose of the Licence, or any of the Licensor's rights or
obligations arising under it, at any time during the term of the Licence. 13.
NOTICES All notices given by the Licensee to the Licensor must be given to
PortSwigger Ltd at [email protected] or 6 Booths Park, Chelford Road,
Knutsford, WA16 8ZS, United Kingdom. The Licensor may give notice to the
Licensee posting online on the Licensor website. Notice will be deemed
received and properly served immediately when posted on the Licensor's
website. In proving the service of any notice, it will be sufficient to prove, in the
case of a letter, that such letter was properly addressed, stamped and placed
in the post and, in the case of an e-mail, that such e-mail was sent to the
specified e-mail address of the addressee. 14. EVENTS OUTSIDE
LICENSOR'S CONTROL 14.1. The Licensor will not be liable or responsible for
any failure to perform, or delay in performance of, any of the Licensor's
obligations under the Licence that is caused by events outside its reasonable
control (Force Majeure Event). 14.2. A Force Majeure Event includes any act,
event, non-happening, omission or accident beyond the Licensor's reasonable
control and includes in particular (without limitation) the following: 14.2.1.
strikes, lock-outs or other industrial action; 14.2.2. civil commotion, riot,
invasion, terrorist attack or threat of terrorist attack, war (whether declared or
not) or threat of or preparation for war; 14.2.3. fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster; 14.2.4.
impossibility of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport; 14.2.5. impossibility of the use of public or
private telecommunications networks; and 14.2.6. the acts, decrees, legislation,
regulations or restrictions of any government. 14.3. The Licensor's
performance under the Licence is deemed to be suspended for the period that
the Force Majeure Event continues, and the Licensor will have an extension of
time for performance for the duration of that period. The Licensor will use its
reasonable endeavours to bring the Force Majeure Event to a close or to find a
solution by which its obligations under the Licence may be performed despite
the Force Majeure Event. 15. WAIVER 15.1. If the Licensor fails, at any time
during the term of the Licence, to insist upon strict performance of any of the
Licensee's obligations under the Licence, or if the Licensor fails to exercise
any of the rights or remedies to which the Licensor is entitled under the
Licence, this shall not constitute a waiver of such rights or remedies and shall
not relieve the Licensee from compliance with such obligations. 15.2. A waiver
by the Licensor of any default shall not constitute a waiver of any subsequent
default. 15.3. No waiver by the Licensor of any of the provisions of the Licence
shall be effective unless it is expressly stated to be a waiver and is
communicated to the Licensee in writing. 16. SEVERABILITY If any of the
terms of the Licence are determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or provision will
to that extent be severed from the remaining terms, conditions and provisions
which will continue to be valid to the fullest extent permitted by law. 17.
ENTIRE AGREEMENT 17.1. This Licence and any document expressly
referred to in it represents the entire agreement between the parties in relation
to the licensing of the Software, the Documentation and any Burp Apps and
supersedes any prior agreement, understanding or arrangement between the
parties, whether oral or in writing. 17.2. The parties each acknowledge that, in
entering into the Licence, they have not relied on any representation,
undertaking or promise given by the other or implied from anything said or
written in negotiations between the parties prior to entering into the Licence
except as expressly stated in the Licence. 17.3. Neither party shall have any
remedy in respect of any untrue statement made by the other, whether orally
or in writing, prior to the date on which the parties entered into this Licence
(unless such untrue statement was made fraudulently) and the other party's
only remedy shall be for breach of contract as provided in these terms and
conditions. 18. LAW AND JURISDICTION The Licence, its subject matter or its
formation (including non-contractual disputes or claims) shall be governed by
and construed in accordance with English law and submitted to the exclusive
jurisdiction of the English courts.