Terms of Use
Please read the following Terms of Use (the “Terms”) carefully before using ACSI Cyber Security Self-Assessment Toolkit (the “Toolkit”). By registering for accessing the Toolkit, downloading, installing, executing, and/or otherwise using the Toolkit, you agree to be bound by all provisions of these Terms. These Terms constitute an agreement between you and Acer Cyber Security Inc. (“ACSI”) regarding the use of the Toolkit. ACSI reserves the right to modify the whole or part of these Terms when it deems necessary, without obtaining your prior consent nor providing prior notification to you. The modification will become effective once it is posted on ACSI website: https://sat.acercsi.com/#term-of-use.
Grant of License
Subject to these Terms, ACSI grants you a non-exclusive, non-transferable, non-sublicensable, non-commercial, terminable, and limited license to use the Toolkit internally for the only purpose of your self-detection and assessment of possible cybersecurity weakness or threats of/ to the system and network of your business or organization. All rights not expressly granted herein are reserved.
Scanning Function of the Toolkit
You acknowledge and agree that when the Toolkit is executed in your computer systems/ networks, it accesses and scans the following items to collect the data required for cybersecurity analysis and production of the assessment report: system files, installed applications, security updates, system configuration, local account settings, and network connections and settings WITHOUT accessing any data of proprietary files, emails, web browsing history, system/ account passwords and data packets. Any of your personal data and personal identifiable information collected through your use of the Toolkit and its website will be protected in accordance with the Privacy Notice.
Scan Result File and Self-Assessment Report
The scan result file generated from the Toolkit and the self-assessment report provided by ACSI can be only for the use of the Toolkit and your internal reference. While they can be reference indicators, you must evaluate and determine the cybersecurity healthiness of your business or organization on your own. ACSI represents no warranty on the accuracy of the scan result file and the self-assessment report, nor the non-existence of any undetected malware, weakness, or any other security risks. ACSI further represents no warranty that the Toolkit may help you or your business or organization to prevent or avoid the possibilities of hacker intrusion.
You cannot present the scan result file, the self-assessment report, and any content of the self-assessment report, including the results, findings, recommendation, etc. to any third parties or make them public as a certification, advertisement, or solicitation, indicating that certain cybersecurity qualification, standard or practice is met.
In order to protect your system or network security and to prevent any malicious intrusion, it is suggested you should keep the scan result file, the self-assessment report, and any content of the self-assessment report, including the results, findings, recommendation, etc. confidential and only make them revealed to the members within your business or organization on a strict need-to-know basis and to the minimum extent.
Ownership and Intellectual Property Right
Titles, ownership rights and intellectual property rights in and to the Toolkit/ self-assessment report and all copies thereof, shall remain with ACSI or ACSI’s licensors or suppliers (as applicable). You do not have or shall not gain any proprietary interest in the Toolkit/ self-assessment report or any related intellectual property rights. Your possession, access, or use of the Toolkit/ self-assessment report does not transfer any ownership of the Toolkit/ self-assessment report or any intellectual property rights to you.
Restrictions
You must NOT conduct the following actions:
(1) Use or reproduce the Toolkit except as provided in these Terms;
(2) Rent or lease the Toolkit to any third parties;
(3) Modify, adapt, or translate the Toolkit in whole or in part;
(4) Reverse engineer, decompile, or disassemble the Toolkit or create derivative works based upon the Toolkit;
(5) Merge the Toolkit with any other program;
(6) Sublicense or otherwise make the Toolkit available to third parties;
(7) Transfer your rights under these Terms to any third parties;
(8) Export the Toolkit in contravention of applicable export laws and regulations, or sell, export, re-export, transfer, divert, disclose technical data, or dispose of, any Toolkit to any prohibited person, entity, or destination;
(9) Use the Toolkit for advertising, commercial purposes, or solicitation;
(10) Use the Toolkit for any unlawful purpose; or
(11) Any other use of the Toolkit that ACSI deems inappropriate.
Modification and Termination
ACSI reserves the right to modify and update the whole or part of the Toolkit, as well as to terminate provision of the Toolkit, when it deems necessary, without obtaining your prior consent nor providing prior notification to you.
Without prejudice to any other rights, ACSI may immediately terminate your use of the Toolkit and these Terms with you without prior notification to you if you fail to comply with any terms and conditions hereof.
In the event of aforesaid termination, you must: (1) Cease all use of the Toolkit; (2) Destroy the original and all copies of the Toolkit; and (3) Uninstall and delete the Toolkit from all computers on which it was resident.
All disclaimers of warranties and limitation of liability set forth in these Terms shall survive termination.
Disclaimer of Warranty
THE TOOLKIT IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. ACSI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY IN RELATION WITH THE TOOLKIT, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, THE EFFECTIVENESS, FITNESS, STABILITY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FOR A SPECIFIC PURPOSE, NONEXISTENCE OF ANY SECURITY-RELATED DEFECTS, ERRORS OR BUGS, ETC.
Limitation of Liability
IN NO EVENT SHALL ACSI, ITS AFFILICATES OR ITS SUPPLIER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, IN CONNECTION WITH THE TOOLKIT, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ACSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
These Terms represent the complete terms and conditions between you and ACSI regarding the use of the Toolkit and licenses, and supersede all prior agreements, communications, proposals, and representations. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of where ACSI’s registered principal office is located, except the laws concerning conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms. You and ACSI agree to submit to the exclusive jurisdiction of the court for the location of ACSI’s registered principal office in any dispute arising out of or relating to these Terms and the Toolkit.
