Product: Acunetix Web Vulnerability Scanner

END-USER LICENSE AGREEMENT

Definitions
End-User License Agreement (EULA) or License means this End-User License Agreement.
You, or Licensee, or End-User means an individual or a single entity, corporate or other statutory
body with legal personality that is granted a License by Acunetix Ltd, and is deemed to hold that
License.
Product means Acunetix Web Vulnerability Scanner, which includes computer software and may
include associated media, printed materials, and online or electronic documentation.
Trial Edition means a version of the Product, which may have reduced functionality, and is available
for a limited period of time.
Workstation Computer means a single computer, such as a workstation, terminal or other device.
Edition means a particular form in which the Product is issued, with particular permissions, features
and restrictions.
Open Source means computer software for which the source code is freely available according to
the specific license under which that software is distributed.
Intellectual Property Rights means intellectual property rights, including patents, trademarks, design
rights, copyrights, database rights, trade secrets and all rights of an equivalent nature anywhere in the
world.
Confidential Information means any information disclosed by one party to another which is defined
as confidential and proprietary as per the terms of this EULA.
Recipient means a party receiving Confidential Information.
Updates means subsequent releases and error corrections for Product previously licensed, as
published by Acunetix Ltd from time to time.
Maintenance Agreement (MA) means a term service associated with a License that entitles the
License holder to free version upgrades of the Product, as well as Support.
Upgrade Insurance means the part of a Maintenance Agreement which provides access to the latest
version of the Product to an End-User.
Support means the furnishing of technical assistance, code fixes, patches, remedies, provided on a
best effort basis, via any telematic means chosen by Acunetix Ltd.
Subscription License means a term License with an expiry date.
Acunetix Parties means Acunetix Ltd and its parents, subsidiaries, shareholders, directors, officers,
employees, licensors, suppliers and agents.
Scope
IMPORTANT READ CAREFULLY
This End-User License Agreement (EULA) is a legal agreement between You and Acunetix Ltd for the
download, installation and use of the Product.
Acunetix Ltd is willing to license the Product to You, the Licensee, ONLY IF YOU ACCEPT ALL THE
TERMS OF THIS EULA. Acunetix Ltd is not willing to make the Product available under any other
terms or subject to any other conditions.
Acunetix Ltd may from time to time revise this EULA (including by moving or deleting portions of, or
adding to, the terms that govern Your use of the Product). You are bound by any such revisions. The
text of this EULA can be provided on request.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING,
COPYING OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT
DOWNLOAD, INSTALL OR USE THE PRODUCT.
BEFORE YOU CLICK ON Download AT THE FULL VERSION DOWNLOAD PAGE, OR CHECK
THE I accept the agreement BUTTON AND CLICK ON Next DURING INSTALLATION,
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY CHOOSING THE I
accept the agreement BUTTON YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE
OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND YOUR
EMPLOYER, AS APPLICABLE, TO THE TERMS OF THIS LICENSE AND (2) CONSENTING ON
BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR

EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO ALL

OF THE TERMS AND CONDITIONS OF THIS EULA, OR DO NOT REPRESENT THE FOREGOING,
DO NOT CLICK ON Download AT THE FULL VERSION DOWNLOAD PAGE, OR CHECK THE I do
not accept the agreement BUTTON DURING THE INSTALLATION, IN WHICH CASE YOU WILL
NOT AND MAY NOT RECEIVE, INSTALL OR USE THE PRODUCT. Any use of the Product other
than pursuant to the terms of this EULA is a violation of U.S. and international copyright laws and
conventions.
Should You have any questions regarding this EULA, or should You wish to reject it, You must write to:
Acunetix Ltd, Level 6, Portomaso Business Tower, St Julians STJ4011 Malta or email:
sales@acunetix.com .
Grant, Reservation of Rights, Installation and Use, Storage and use over a Network
1. Grant
Subject to the terms and conditions of this EULA, Acunetix Ltd hereby grants to Licensee a limited,
personal, non-exclusive, non-sublicensable, non-transferable License to install on magnetic or optical
media and use ONE (1) copy of the Product.
The License granted to Licensee is expressly made subject to the following limitations:
Licensee may not itself (and shall not permit any third party to):
(i)
Copy, other than as expressly permitted, all or any portion of the Product, except that
Licensee may make one copy of the Product for archival purposes for use by Licensee
only in the event the Product shall become inoperative;
(ii)
Modify or translate the Product;
(iii)
Modify, alter, or use the Product so as to enable more installations, scans, users, a longer
term of use etc. than is authorized in the relevant Product purchase agreement;
(iv)
Reverse engineer, decompile or disassemble the Product, in whole or in part;
(v)
Use the Product to directly or indirectly provide a time-sharing or subscription service to
any third party or to function as a service bureau or application service provider;
(vi)
Create derivative works based on the Product;
(vii)
Publicly display the Product;
(viii) Rent, lease, sublicense, sell, market, distribute, assign, transfer, or otherwise permit
access to the Product to any third party;
(ix)
Exceed the number of concurrent scans or installs limit applicable to the particular version
of Product.
2. Reservation of Rights
Acunetix Ltd reserves all rights not expressly granted to You in this EULA. The Licensee may not
exercise any right to the Product not expressly granted in this EULA.
3. Installation and use
(i)
In the case of part numbers WVSE1P, WVSEU1Y, WVSEUP, WVSEU1Y10, WVSEUP10,
WVSC1Y, WVSCP, WVSC1Y10, WVSCP10 and any associated Maintenance
Agreements, You may install, use, access, display and run one copy of the Product on
ONE (1) Workstation Computer.

(ii)

If granted a Corporate Subscription License or Corporate Perpetual License as per any of

the WVSFx group of part numbers (WVSF05Q, WVSF10Q, WVSF20Q, WVSF30Q,
WVSF05QP, WVSF10QP, WVSF20QP, WVSF30QP), this License allows You to install,
use, access, display and run additional copies of the Product up to the maximum number
specified in the description of that specific Corporate License, along with other terms and
conditions as defined for the related Edition and its associated contracts, which could
include, but not be limited to, (in the case of a Corporate Subscription License) the start
date of a Corporate Subscription License, the end date of a Corporate Subscription
License, and (in both Corporate Subscription or Corporate Perpetual Licenses) the
number of instances running on the same Workstation Computer to deliver concurrent

scans, or the number of installs running on different multiple Workstation Computers, and
the rate at which these could be deployed, or the degree they may be accessed by users.
Furthermore, a Corporate Perpetual License may not be redeployed without a valid
Maintenance Agreement.

(iii)

You must only use the Product according to the Edition for which it was sold.

(iv)

You are only entitled to use the Product to scan third party websites or web
applications (i.e. sites or applications that are not owned by the holder of this EULA) if
You hold a Consultant Edition License or a Corporate License. This is provided that
You have obtained permission from the website or web application owner to do so.

(v)

Furthermore, You acknowledge that scanning a website or web application is best

performed on a copy of the live production website or web application, typically referred to
as a staging server, as per industry best practices and You automatically indemnify
Acunetix Parties from any damages ensuing from incorrect or unplanned use of the
Product.

4. Storage and use over a Network

In the case of part numbers WVSE1P, WVSEU1Y, WVSEUP, WVSEU1Y10, WVSEUP10, WVSC1Y,
WVSCP, WVSC1Y10, WVSCP10 and any associated Maintenance Agreements, You may also store
or install a copy of the Product on a storage system, such as a network server or a storage area
network, which can be used only to install or run the Product on Your other Workstation Computers
over an internal network; however, You must acquire and dedicate an additional License for each
separate Workstation Computer on or from which the Product is installed, used, accessed, displayed
or run. A License for the Product may NOT be shared or used, concurrently or not, on different
Workstation Computers.
Software As A Service, Managed Service Provider, Application Service Provider License
Agreements, Trial Edition and Proof of Concept Licenses, Not for Resale License, BetaTesting, Additional Software
5. Software As A Service, Managed Service Provider, Application Service Provider License
Agreements
This EULA does not grant You any right to run any form of Software As A Service, Managed Service
Provider, or Application Service Provider, or any other such form of automated or semi-automated,
membership or subscription based, shared use services using the Product. Should You wish to use
the technology embedded in the Product to provide such services, You acknowledge that You are
obliged to inform Acunetix Ltd of Your intended mode of use of the Product, and seek the necessary
commercial arrangements with Acunetix Ltd and special license agreements from Acunetix Ltd that
Acunetix Ltd may or may not elect to furnish You with.
6. Trial Edition and Proof of Concept Licenses
If available, You may undertake a one-time evaluation of the time-limited Trial Edition which may have
reduced functionality, at no cost, at Your own risk, solely to reach a purchase decision. At the end of
the evaluation period, You must either License the Product, or cease all use of it. The Trial Edition
shall be without warranty of any kind and is provided AS IS. Acunetix Ltd may also elect to
provide You with a time-limited Proof of Concept License. Whichever mode of evaluation is used,
Acunetix Ltd has no obligation to provide Support during Your use of a Trial Edition or Proof of
Concept License, insofar, that, if Acunetix Ltd elects to provide any such Support, it is understood by
all parties, that this Support is provided solely on a voluntary best effort basis, without warranty of any
kind. Consulting fees for extraordinary professional services could be requested from and be
electively proposed by Acunetix Ltd for consideration.
7. Not for Resale License
Product identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any
purpose other than demonstration, test or evaluation.
8. Beta Testing

Time-limited Beta versions of Product may be provided to You, at no cost, at Your own risk, without
warranty of any kind, AS IS and subject to the General Confidentiality provision described in this
EULA (see Article 19 General Confidentiality), as well as the clear understanding that You are
obliged to provide truthful, accurate and complete feedback on the Beta version of the Product, with
no expectation of remuneration, and You agree to waive any claims for royalties or any other forms of
remuneration, with Acunetix Ltd on any use made by Acunetix Ltd of the feedback provided, in
whatever form.
9. Additional Software
This EULA applies to updates or supplements to the original Product provided by Acunetix Ltd, unless
we provide other terms along with the update or supplement.
Upgrades, No Downgrade, Maintenance Agreements (Upgrades, Updates and Support),
Product Life, End of Sales and End of Support
10. Upgrades, No Downgrade
(i)
Eligibility: To use a Product identified as an upgrade, You must first be licensed for the
original product identified by Acunetix Ltd as eligible for the upgrade.
(ii)
No Downgrade: After exercising a right to upgrade, via Maintenance Agreement or
otherwise, You may no longer use the product that formed the basis for Your upgrade
eligibility.
11. Maintenance Agreements (Upgrades, Updates and Support)
(i)
The Maintenance Agreement (MA) entitles the Licensee to Upgrade Insurance, as well as
Support.
(ii)
Upgrade Insurance includes patches as well as new versions of the Product.
(iii)
Support shall be conveyed by telematic means to You in order to help You with Your
ongoing use of the Product.
(iv)
Support is available during normal business hours at Acunetix Ltd. Acunetix Ltd may at its
own discretion and without engaging in any statements of service levels with customers,
extend its Support availability to other time zones, where feasible.
(v)
If MA is not included in the part number You are about to purchase, You can purchase the
respective MA package no later than 30 days from the first DOWNLOAD or ACTIVATION
of the Product against that License.
(vi)
The same 30 day period applies when the MA expires and is up for renewal.
(vii)
The MA is based on a "Use it or Lose it" principle. If the right to upgrade to the latest
version is not invoked by installing the latest version of the Product and reactivating the
license key before the expiry date of the MA, then that right will be lost when the MA
expires.
(viii) If You do not purchase or renew the MA and wish to upgrade to the latest version once a
new version is released, You will have to purchase a version upgrade and purchase a
new MA once again for the License that has been just upgraded in a second order.
12. Product Life, End of Sales and End of Support
Acunetix Ltd is not obliged to provide Support for, nor a backup copy of obsolete versions of the
Product. You understand and accept that the version of the Product preceding the latest version will
be immediately withdrawn from sales, will no longer be available for download, and Support for it will
only be provided for a period of twelve (12) months after launch of the subsequent version, subject to
the holding of a valid Maintenance Agreement (MA), or Subscription License, or any other similar such
arrangement depending on the type of Product. Such Support will only be provided on a best effort
basis and at the sole discretion of Acunetix Ltd. Should a remedy for the older version be deemed not
feasible by Acunetix Ltd, it will not be obliged to provide a remedy for that older version, and you may
invoke Your right to upgrade to the latest version of the Product, provided that You hold a valid MA.
The only rights You have in this respect are (a) to upgrade as per Acunetix Ltds instructions, (b)
continued use of the current Product version with its un-remedied flaws, or (c) reject the License, by
discontinuing use of the Product (see Article 16 Term, Termination).

Your inability to upgrade due to lack of MA will not open Acunetix Ltd up to any claims whatsoever due
to Your inability to run the older version of the Product, for whatever reason such as, but not limited to,
unavailability of older versions of underpinning technologies, obsolescence, changes in the underlying
Operating System, i.e. changes that did not exist at the time of design of that particular version of the
Product.

Limitation of Transfers, Content Updates and License Control Mechanism, Limitation on

Reverse Engineering, Decompilation, and Disassembly, Term, Termination
13. Limitation of Transfers
Limitation of Transfer of Product to a different Workstation Computer
(i)
With the exception of and as expressly permitted by Corporate Licenses, You may move
the Product to a different Workstation Computer only in cases of catastrophic disaster
(System Failure, Force Majeure), or due to obsolescence of the underlying Workstation
Computer (Force Majeure). The degree or frequency at which this right can be invoked
will be subject to intense scrutiny by Acunetix Ltd and whether it would be allowed is at
the absolute discretion of Acunetix Ltd.
Transfer of License to a different License Holder, Exception to No Transfer Rule
(ii)
The initial Licensee of the Product may make a one-time transfer of the Product to
another end user only in cases of mergers, acquisitions or between 100% owned
subsidiaries or filial business units of the same holding companies. The transfer has to
include all component parts, media, printed materials, this EULA, and if applicable, the
Certificate of Authenticity. The transfer may not be an indirect transfer, such as a
consignment. For instance, the Product cannot be transferred to another Workstation
Computer belonging to a service provider to deliver service using the same Product back
to the original Licensee. In this case, a minimum of a Consultant Edition license must be
purchased by the service provider. Prior to the transfer, the end user receiving the
transferred Product must agree to all the EULA terms.
No Rental

(iii)

You may not rent, lease, or lend the Product.

Prior Authorisation Required

(iv)
In cases 13(i) and 13(ii) described above, and with the exception of and as expressly
permitted by Corporate Licenses in the case of 13(i) alone, You are obliged to inform
Acunetix Ltd via sales@acunetix.com of all such transfers but cannot make the move
unless authorisation is received. The acceptance or not of the Transfer of any Product
License is at the absolute discretion of Acunetix Ltd. Any unauthorised move will be
considered a breach of this EULA and may result in immediate termination. In the case of
Corporate Licenses, the onus of due diligence for proper record keeping and security of
use of said Licenses and the burden of liability for use of the Product is totally upon the
Licensee.
14. Content Updates and License Control Mechanism
The Product requires, for optimum use, access to the Internet for regular updates. Such content may
be provided for a limited time, from time to time, or in accordance with an applicable and valid
Maintenance Agreement or Subscription License.
When receiving these updates, and also during the course of normal use of the Product, information is
exchanged with Acunetix Ltd that consists of, among other items of information, the license key or
code that prevents unlimited copying, or that limits the time of use or functionality in accordance with
the type of License that You purchase.
You consent that the Product will automatically connect with Acunetix Ltd for this purpose, during
installation, use, and updates, and will not hinder it in any way from connecting with Acunetix Ltd.
Furthermore, You agree to waive any expectation of ability to activate a License offline, a privilege
which is only granted in certain specific special cases, which will only be granted at the absolute
discretion of Acunetix Ltd, subject to absolute assurances that all principles and articles covered by

this EULA are fully observed by the Licensee.

15. Limitation on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the Product, in any way. You may not
engage in any activity that would impede, divert or otherwise tamper with the exchange of information
with Acunetix Ltd, with a view to circumvent the licensing mechanism in place with the Product.
16. Term, Termination
Without prejudice to any other rights, Acunetix Ltd may revoke this EULA if You do not abide by the
terms and conditions of this EULA.
A Subscription License that has reached its expiry date is to be considered as terminated or revoked.
When a License is terminated, You must destroy all copies of the Product and all of its component
parts.
In the case of a Subscription License a new Subscription License may be acquired to continue to use
that installation of the Product.
Consent and use of Data, Publicity, General Confidentiality, Mutual NDA for Support purposes
17. Consent and use of Data
You agree that Acunetix Ltd and its affiliates may collect and use technical information You provide as
a part of Your use of the Product. Acunetix Ltd agrees not to use this information in a form that
personally identifies You. Each party shall comply with its respective obligations under applicable data
protection laws (DPL).
18. Publicity
You agree that Acunetix Ltd may refer to the name of Your corporation as a customer of Acunetix Ltd,
both internally and in externally published media, unless You expressly, and in writing, restrict
Acunetix Ltd from mentioning You. Any additional disclosure by Acunetix Ltd with respect to You or
Your company shall be subject to Your prior written consent.
19. General Confidentiality, Mutual NDA for Support purposes
(i)
General Confidentiality
You acknowledge that the Product and certain other materials are confidential as
provided herein. Acunetix Parties Confidential Information includes any and all
information related to the services and/or business of Acunetix Parties that is treated as
confidential or secret by Acunetix Parties (that is, it is the subject of efforts by Acunetix
Parties, as applicable, that are reasonable under the circumstances to maintain its
secrecy), including, without limitation:
a. The Product;
b. Any and all other information which is disclosed by Acunetix Ltd to You orally,
electronically, visually, or in a document or other tangible form which is either
identified as or should be reasonably understood to be confidential and/or proprietary;
and,
c. Any notes, extracts, analysis, or materials prepared by You which are copies of or
derivative works of Acunetix Parties Confidential Information from which the
substance of said information can be inferred or otherwise understood (the
Confidential Information).

(ii)

Mutual Confidentiality for Support purposes

During the course of delivery of Support it will be necessary for Confidential Information to
be exchanged between You and Acunetix Ltd. The Recipient may use such Confidential
Information only for the purposes for which it was provided, and may disclose it only to
employees, or contractors or partners, obligated to the Recipient under similar
confidentiality restrictions and only for the purposes it was provided.

(iii)

Confidential Information shall not include information which Recipient can clearly

establish by written evidence:

a. Is already lawfully known to or independently developed by Recipient without access
to the Confidential Information;
b. Is disclosed in non-confidential published materials;
c. Is generally known to the public; or
d. Is rightfully obtained from any third party without any obligation of confidentiality.

(iv)

Recipient agrees not to disclose Confidential Information to any third party and will protect
and treat all Confidential Information with the highest degree of care. Except as otherwise
expressly provided in this EULA, Recipient will not use or make any copies of Confidential
Information, in whole or in part, without the prior written authorization of the other party.
Recipient may disclose Confidential Information if required by statute, regulation, or order
of a court of competent jurisdiction, provided that Recipient provides the other party with
prior notice, discloses only the minimum Confidential Information required to be
disclosed, and cooperates with the other party in taking appropriate protective measures.
These obligations shall continue to survive indefinitely following termination of this
License with respect to Confidential Information.

(v)

Acunetix Parties will not be obliged to respect Your confidential information in the case of
termination due to Your breach of EULA conditions, insofar as such information is
required for Acunetix Parties to safeguard their own rights and interests.

Limited Warranty for Software Products, As Is, Disclaimer of Warranties, Exclusion of

Incidental, Consequential and Certain Other Damages, Disclaimer or Limitation of Liability and
Remedies, Indemnification
20. Limited Warranty for Software Products
(i)
Acunetix Ltd warrants that the Product will perform substantially in accordance with the
accompanying materials for a period of thirty days from the date of receipt.
(ii)
Any supplements or updates to the Product, including without limitation, any (if any)
service packs or hot fixes provided to You after the expiration of the thirty day Limited
Warranty period are not covered by any warranty or condition, express, implied or
statutory.
(iii)
Limitation on Remedies, No Consequential or Other Damages: Your exclusive
remedy for any breach of this Limited Warranty is as set forth below. Except for any
refund elected by Acunetix Ltd, YOU ARE NOT ENTITLED TO ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does
not meet Acunetix Ltd's Limited Warranty, and, to the maximum extent allowed by
applicable law, even if any remedy fails in its essential purpose. The terms of Article 22
below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also
incorporated into this Limited Warranty.
(iv)
This Limited Warranty gives You specific legal rights. Acunetix Parties entire liability and
Your exclusive remedy shall be, at Acunetix Ltd's option from time to time exercised
subject to applicable law:
(a) Return of the price paid (if any) for the Product; or
(b) Repair or replacement of the Product that does not meet this Limited Warranty and
that is returned to Acunetix Ltd with a copy of Your receipt.
(v)
You will receive the remedy elected by Acunetix Ltd without charge, except that You are
responsible for any expenses You may incur (e.g. cost of shipping the Product to/from
Acunetix Ltd). This Limited Warranty is void if failure of the Product has resulted from
accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will be
warranted for thirty (30) days. To exercise Your remedy, contact Acunetix Ltd with proof of
purchase from an authorised international source.
(vi)
This Limited Warranty is the only express warranty made to You and is provided in lieu of
any other express warranties (if any) created by any documentation or packaging.

21. "As Is", Disclaimer of Warranties

THE PRODUCT IS PROVIDED ''AS IS.'' ACUNETIX LTD DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE PRODUCT WILL BE CORRECTED. FURTHERMORE, ACUNETIX LTD DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE PRODUCT OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY ACUNETIX PARTIES SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. ACUNETIX
PARTIES DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY OTHER
REPRESENTATIONS, ENDORSEMENTS, GUARANTIES, OR WARRANTIES, EXPRESSED,
IMPLIED OR STATUTORY, RELATED TO THE PRODUCT INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF
WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT. THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT (OF INTELLECTUAL PROPERTY RIGHTS OR
OTHERWISE) WITH REGARD TO THE PRODUCT.
22. Exclusion of Incidental, Consequential and Certain Other Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
ACUNETIX PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET
ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH
ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
ACUNETIX PARTIES, AND EVEN IF ACUNETIX PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
23. Disclaimer or Limitation of Liability and Remedies
Notwithstanding any damages that You might incur for any reason whatsoever (including, without
limitation, all damages referenced above and all direct or general damages), the entire liability of
Acunetix Parties under any provision of this EULA and Your exclusive remedy for all of the foregoing
(except for any remedy of repair or replacement elected by Acunetix Ltd with respect to any breach of
the Limited Warranty) shall be limited to the greater of the amount actually paid by You for the
Product, during that calendar year, or U.S.$5.00. The foregoing limitations, exclusions and disclaimers
(including Sections 20, 21 and 22 above) shall apply to the maximum extent permitted by applicable
law, even if any remedy fails its essential purpose.
24. Indemnification
You agree to indemnify, defend, and hold Acunetix Parties harmless from any claim, loss, demand, or
damage, including reasonable attorneys fees, asserted by any third party due to or arising out of Your
breach of any provision of this EULA, Your negligent or wrongful acts, and/or Your violation of any
applicable laws.
Entire Agreement and Severability, US Government End Users, Governing Law, Equitable
Relief, No Waiver or Delay
25. Entire Agreement
This EULA (including any addendum or amendment to this EULA which is included with the Product)
is the entire agreement between You and Acunetix Ltd relating to the Product and Support (if any) and
they supersede all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Product or any other subject matter covered by this EULA. To the

extent the terms of any Acunetix Ltd terms and conditions, policies or programs for Support conflict
with the terms of this EULA, the terms of this EULA shall prevail.
In addition, the terms set out in this EULA shall prevail and control over any and all additional or
conflicting terms or provisions contained in any document of Yours, whether set out in a purchase
order or alternative license, and any and all such additional or conflicting terms shall be void and shall
have no effect.
If this License is translated into a language other than English and there are conflicts between the
translations, the English version shall prevail and control.
This EULA:

(i)
(ii)

(iii)
(iv)

May not be assigned by You. Any purported assignment will be null and void;
May not be amended by You, but Acunetix Ltd may amend the EULA from time to time
and shall incorporate any amended EULA in the latest current version of the Product
available as a download from the website at www.acunetix.com and may be provided
upon request;
Constitutes the entire understanding between the parties with respect to the subject
matter of this EULA and supersedes all written and oral prior agreements, negotiations
and discussions between the parties relating to it; and
Is for the sole benefit of Acunetix Ltd and You and nothing herein, express or implied, is
intended to or shall confer upon any other person or entity any legal or equitable right,
benefit or remedy of any nature whatsoever under or by reason of this EULA.

26. Severability
If any part of any provision of this EULA is found to be illegal, invalid or unenforceable, that provision
shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Paragraph headings are for convenience and shall have no effect or interpretation.
27. US Government End Users
The Product is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting
of commercial computer software and commercial computer software documentation, as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Product
with only those rights set forth herein.
28. Governing Law
This EULA shall be governed by and construed in accordance with the laws of Malta, Europe, without
regard to conflict of law provisions thereto. You submit to the jurisdiction of any court sitting in Malta,
Europe, in any action or proceeding arising out of or relating to this EULA and agree that all claims in
respect of the action or proceeding may be heard and determined in any such court. There shall be no
class action, arbitration or litigation pursuant to this EULA. Acunetix Ltd may seek injunctive relief in
any venue of its choosing. You hereby submit to personal jurisdiction in such courts. The parties
hereto specifically exclude the United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transactions Act from this EULA and any transaction
between them that may be implemented in connection with this License. The original of this EULA has
been written in English. The parties hereto waive any statute, law, or regulation that might provide an
alternative law or forum or to have this EULA written in any language other than English.
29. Equitable Relief
It is agreed that because of the proprietary nature of the Product, Acunetix Parties remedies at law for
a breach by You of its obligations under this EULA will be inadequate and that Acunetix Parties shall,
in the event of such breach, be entitled to, in addition to any other remedy available to it, equitable
relief, including injunctive relief, without the posting of any bond and in addition to all other remedies
provided under this License or available at law.
30. No Waiver or Delay
Furthermore, the delay or failure of Acunetix Ltd to exercise any right provided in the EULA shall not
be deemed a waiver of such right. Any express waiver, delay or failure by Acunetix Ltd to exercise

promptly any right under this EULA due to will not create a continuing waiver or any expectation of
non-enforcement.
31. Force Majeure
A party is not liable under this EULA for non-performance caused by events or conditions beyond that
partys control if that party makes reasonable efforts to perform. This provision does not relieve You of
Your obligation to make all payments due.

Copyright Notices, Trademarks, Logos and Product Designs, Third Party Licensors, Open
Source, Ownership, Intellectual Property Rights
32. Copyright Notices, Trademarks, Logos and Product Designs
The Product is protected by copyright and all other applicable intellectual property laws and treaties of
the United States and other nations and by any international treaties, unless specifically excluded
herein. Acunetix Parties own the title, copyright, and other Intellectual Property Rights in the Product.
The Product is licensed, not sold.
Acunetix Web Vulnerability Scanner is copyright 2005-2014 of Acunetix Ltd. All rights reserved.
Acunetix Web Vulnerability Scanner is a registered trademark of Acunetix Ltd in the US, Europe and
other countries. Acunetix and the Acunetix logo are registered trademarks of Acunetix Ltd in the US,
Europe and other countries. All other trademarks and service marks and shape marks are the
property of their respective owners.
33. Third Party Licensors
You acknowledge that the Product includes software applications and tools licensed to Acunetix Ltd
by those third parties. This third-party software included in the Product is provided AS IS and without
any warranty of any kind.
The Product is licensed for United States Patent No US 6,584,569.
34. Open Source
Part of the Product may incorporate and consist of third party Open Source software, which You may
use under the terms and conditions of the specific license under which the Open Source software is
distributed. You agree that You will be bound by any and all such license agreements. Title to software
remains with the applicable licensor(s). Any Open Source provided with or contained in the Product is
provided AS IS and without any warranty of any kind.
35. Ownership, Intellectual Property Rights
This License does not convey to Licensee an interest in or to the Product, but only a limited right of
use revocable in accordance with the terms of this License. The Product is NOT sold to Licensee.
Acunetix Parties own all right, title and interest in and to the Product. No license or other right in or to
the Product is granted to Licensee except for the rights specifically set forth in this License. Licensee
hereby agrees to abide by all applicable laws and international treaties, and undertakes to inform
Acunetix Ltd of any suspected breach of Intellectual Property Rights belonging to Acunetix Parties.
Version control: These terms and conditions have last been updated on 25th November 2014