Disclaimer for downloads
All downloadable items that are provided by EC-Council, including but not limited to Tools/Software/Codes (“Materials”), are for educational purposes only. The user is instructed not to use any of the programs or content of the Materials for any other purpose which may violate any Laws or infringe on the Copyright protection. Any reproduction or redistribution of the materials is expressly prohibited by law, and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Materials are provided ‘as is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a purpose, or the warranty of non-infringement. Without limiting the foregoing, EC-Council makes no warranty that:
- i. The material will be uninterrupted, timely, secure or error-free.
- ii. The results that may be obtained from the use of the downloaded material will be effective, accurate or reliable.
- iii. Any errors in the software obtained from Aspen website will be corrected.
- The Materials may:
- iv. Include technical or other mistakes, inaccuracies or typographical errors. EC-Council may, without notice, make changes to the Materials or documentation made available on its web site.
- v. Be out of date, and EC-Council makes no commitment to update such materials.
EC-Council assumes no responsibility for errors or omissions in the materials or documentation available from all of its web site.
In no event shall EC-Council be liable to you or any third parties for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not EC-Council has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Materials.
The use of the Materials is done at your own discretion and risk and with agreement that you shall be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, which may be obtained by you from any of EC-Council or Aspen web site shall create any warranty for the materials.
TERMS OF USE
1. Acceptance of Terms
1.1. Read these EC-Council Terms of Use (“Terms”) carefully before you (“You”) accept these Terms by downloading the Materials made available in Aspen. If You do not agree to all of these Terms You are not allowed to use any files from the Materials.
1.2. The Terms are entered into by and between EC-Council and You. EC-Council provides the Tools / Information / Electronic Code to You subjected strictly to the Terms.
1.3. This file contains information, software of security related material. If You are under the age of 18, and/or the Materials offend You and/or it is illegal to possess/use such Materials in your community, You are not allowed to continue.
Under penalty of perjury You shall be under the oath that :
- You are at least 18 years of age.
- The files and materials You are viewing are for your own personal use and undertake to not to share the material.
- You desire to receive/view security related material.
- The viewing, reading and downloading security related material does not violate the standards of your community, town, city, state or country.
- You are solely responsible for any false disclosures or legal ramifications of viewing, reading and/or using of the Materials.
You are allowed to access/retrieve/view/use this Material and shall fully comply with all applicable local laws related to the use of the Materials.
2. Permitted Use
The Materials will not be used by You or any other party for any purpose that violates any local, state, federal or foreign law. You understand that breaking into any network or computer system not owned by You may be illegal.
3. No Express or Implied Warranty
EC-Council does not and cannot warrant: (i) that the performance or results that may be obtained by using the Materials or (ii) that the Materials is appropriate for your purposes or that it is error free.
ACCORDINGLY, THE MATERIALS AND ITS DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MATERIALS REMAINS WITH YOU.
4. Limitation of Liability
4.1. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THIS MATERIAL AND OTHER DAMAGES.
4.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EC-COUNCIL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR :
LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF EC-COUNCIL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3. EC-COUNCIL MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS or IMPLIED, ABOUT THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE MATERIALS INCLUDING WITHOUT LIMITATIONS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EC-COUNCIL MAKES NO WARRANTY OF NON INFRINGEMENT.
4.4. THE MATERIALS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, NEITHER EC-COUNCIL NOR ANY OF IT’S AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO; INABILITY TO ACCESS, OR ANY USE OF THE CONTENT INCLUDING WITHOUT LIMITATION ANY DAMAGES TO, OR VIRUSES OR TROJAN HORSES THAT MAY INFECT OR INVADE, YOUR PC EQUIPMENT OR OTHER PROPERTY, EVEN IF EC-COUNCIL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.5. YOU AGREE TO HOLD EC-COUNCIL HARMLESS FROM, AND YOU COVENANT NOT TO INITIATE, ANY CLAIM AGAINST EC-COUNCIL ON ANY GROUNDS BASED ON YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIALS.
4.6. YOU ALSO AGREE THAT YOU WILL PROTECT, INDEMNIFY, SAVE AND HOLD EC-COUNCIL HARMLESS FROM ANY AND ALL STIPULATIONS, ARREARS, LOSSES, EXPENSES, AND ASSERTIONS, AS WELL AS ATTORNEY’S FEE DECLARED AGAINST EC-COUNCIL, ITS REPRESENTATIVES, CUSTOMERS, AND ADMINISTRATION.
4.7. 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 FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
5. Indemnification
You agree to indemnify and hold EC-Council and its subsidiaries, affiliates, officers, agents, trainers, ATCs, distributors and employees harmless from any and all stipulations, arrears, losses, expenses, assertions any claim or demand, including attorney’s fee, made by any third party due to or arising out of Your use of the Materials, breach of the Terms, or violation of the rights of another.
6. No Assignment
You may not assign this Agreement, nor may any of the rights hereunder be assigned or otherwise transferred to any third party. Any attempted or purported assignment or other such transfer by You to any third party shall be void.
7. Miscellaneous
7.1. The Terms constitute the entire agreement between You and EC-Council and govern Your use of the Materials, superseding any prior agreements between You and EC-Council (including, but not limited to, prior versions of the Terms).
7.2. If you use the Materials from locations outside the United States of America, You are responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of other countries.
7.3. These Terms and the Materials could include inaccuracies or typographical errors. EC-Council may make improvements and/or changes to the Terms at any time without notice.
7.4. The failure of EC-Council to enforce or exercise any right or provision of the Terms does not constitute a waiver of such right or provision.
7.5. In the event any provision of this Terms of Use is held to be unenforceable in any respect, such unenforceability shall not affect any other provision stated herein, provided that the expected economic benefits of this Terms of Use are not denied to either party.
7.6. This Disclaimer and Terms of Use constitute a legal agreement between EC-Council and You and/or any business in which You have any legal or equitable interest. If any portion of this Disclaimer and Terms of Use is deemed unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of the other portions of the agreement.
