Privacy Policy

Privacy Policy

Effective date: December 10, 2018

Bandura Cyber Inc (“us”, “we”, or “our”) operates the https://banduracyber.com/ website (hereinafter referred to as the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://banduracyber.com/

Definitions

Service

Service is the https://banduracyber.com/ website operated by Bandura Cyber Inc

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Bandura Cyber Inc uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Bandura Cyber Inc legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Bandura Cyber Inc may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • To comply with the law

Retention of Data

Bandura Cyber Inc will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Bandura Cyber Inc will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Bandura Cyber Inc will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If Bandura Cyber Inc is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, Bandura Cyber Inc may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Bandura Cyber Inc may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Bandura Cyber Inc
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Bandura Cyber Inc aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where Bandura Cyber Inc relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Behavioral Remarketing

Bandura Cyber Inc uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Bing Ads Remarketing

Bing Ads remarketing service is provided by Microsoft Inc.

You can opt-out of Bing Ads interest-based ads by following their instructions: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

You can learn more about the privacy practices and policies of Microsoft by visiting their Privacy Policy page: https://privacy.microsoft.com/en-us/PrivacyStatement

Twitter

Twitter remarketing service is provided by Twitter Inc.

You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405

You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Pinterest

Pinterest remarketing service is provided by Pinterest Inc.

You can opt-out from Pinterest’s interest-based ads by enabling the “Do Not Track” functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data

You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy

AdRoll

AdRoll remarketing service is provided by Semantic Sugar, Inc.

You can opt-out of AdRoll remarketing by visiting this AdRoll Advertising Preferences web page: http://info.evidon.com/pub_info/573?v=1nt=1nw=false

For more information on the privacy practices of AdRoll, please visit the AdRoll Privacy Policy web page: http://www.adroll.com/about/privacy

Perfect Audience

Perfect Audience remarketing service is provided by NowSpots Inc.

You can opt-out of Perfect Audience remarketing by visiting these pages: Platform Opt-out (http://pixel.prfct.co/coo) and Partner Opt-out (http://ib.adnxs.com/optout).

For more information on the privacy practices of Perfect Audience, please visit the Perfect Audience Privacy Policy Opt-out web page: https://www.perfectaudience.com/privacy/index.html

AppNexus

AppNexus remarketing service is provided by AppNexus Inc.

You can opt-out of AppNexus remarketing by visiting the Privacy the AppNexus Platform web page: http://www.appnexus.com/platform-policy#choices

For more information on the privacy practices of AppNexus, please visit the AppNexus Platform Privacy Policy web page: http://www.appnexus.com/platform-policy/

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: khicks@gencounsel.com
  • By visiting this page on our website: https://banduracyber.com/contact-us/

Data Controller and Owner


Kevin Hicks
GenCounsel LLC
Two Liberty Place
50 S. 16th Street
Suite 2525
Philadelphia, PA 19102

khicks@gencounsel.com

End User License Agreement

This is an End User License Agreement (the “Agreement“) between Bandura Cyber, Inc. (“Bandura“), You (or “User” or “your”) and the insurance company affiliate of American International Group, Inc. that issued the insurance policy providing the IP Blocking Solution to you (with its affiliates, “AIG“) (each, a “Party” and collectively, the “Parties“).
Subject to the terms and conditions of this Agreement, Bandura is providing the User, as a qualified policyholder of a cyber insurance policy issued by AIG, one Bandura threat intelligence network security appliance (the “Network Appliance“), including Bandura’s IP Blocking software (together with any third party proprietary software, and any patches, updates, improvements, additions and other modifications or revised versions that may be provided by Bandura or its licensors from time to time, the “Licensed Software“) and open source code software programs (each, an “Open Source Program” and together with the Licensed Software, the “Software“) provided to User as necessary to deliver the blacklist IP blocking service (“IP Blocking Service“). This Agreement is valid and becomes effective upon User’s electronic acceptance of its terms. BY CLICKING THE “I ACCEPT” BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. Grant of License.

User acknowledges and agrees that: (i) AIG has contracted with Bandura to make the Licensed Software, IP Blocking Service and associated services available to you at no cost to you; (ii) the Licensed Software, IP Blocking Service and all associated services are being licensed and provided by Bandura, and not by AIG; (iii) neither Bandura nor AIG shall be liable for any damages to User caused by the Licensed Software, IP Blocking Service or any associated services; (iv) Bandura will have access to certain of your information and has developed a policy, which can be viewed at https://banduracyber.com/privacy-policy/ to address your privacy concerns; and (v) AIG will have access to certain of your information and has developed a policy, which can be viewed at www.aig.com, to address your privacy concerns.

Subject to this Agreement, Bandura grants User a non-exclusive, non-assignable, non-transferable, revocable, limited right and license to use the Licensed Software and IP Blocking Service, together with Bandura’s release notes or other similar instructions in hard copy or machine readable form supplied by Bandura to User that describes the functionality of the Network Appliance and/or the Software purchased or licensed hereunder (the “Documentation“). User shall not (i) license, sublicense, lease, sublease, sell, resell, transfer, assign, reverse engineer, decompile, disassemble, sublicense or distribute or otherwise make available to any third party the Licensed Software, IP Blocking Service, or the Documentation, (ii) modify or make derivative works based upon the Licensed Software, IP Blocking Service, or the Documentation; (iii) commercially exploit the Licensed Software, IP Blocking Service or Documentation in any way, or (iv) create Internet “links” to the Licensed Software or “frame” or “mirror” the Licensed Software on any other server, wireless or Internet-based device; (v) impersonate another user of the Licensed Software or IP Blocking Service; (vi) use the Licensed Software or IP Blocking Service to violate the rights of or cause injury to any person or entity; (vii) remove, alter or obscure any proprietary or copyright notice, labels, or marks on the hardware components of the Network Appliance or within the Software; or (viii) disable or circumvent any access control or related security measure, process or procedure established with respect to the Network Appliance or any Software or any other part thereof.

You are solely responsible for maintaining the confidentiality of the access information provided to you for access to the Licensed Software (“Credentials“), and you agree to keep this information confidential. You are solely responsible for all activity that occurs through use of the Credentials. You will not: (1) use another user’s Credentials to obtain copies of or access to the Licensed Software; (2) use your Credentials to download unauthorized copies of or grant others access to the Licensed Software; (3) use the Licensed Software in a way that violates any third party’s rights or any applicable law; (4) upload any files or software that may damage or provide unauthorized access to the data, software or hardware of another; or (5) interfere or allow interference with the proper functioning of the Licensed Software.

If the User is entitled to and elects to receive the IP Blocking Service, Bandura will provide one (1) Network Appliance at no additional charge. Title to and ownership of such Network Appliance provided to the User in connection with the IP Blocking Service will transfer to the User. Bandura will determine the appropriate IP Blocking Service to deliver to each User. Additional Network Appliances can be purchased from Bandura.

The scope of use of any Open Source Programs shall be governed by the applicable open source license agreement included with the Licensed Software. User acknowledges that each Open Source Program is distributed under the Open Source Program license applicable to such Open Source Program, and only such license, and this Agreement in no ways supplements or detracts from any term or conditions of such open source license agreement (the “Open Source License“). Notwithstanding anything to the contrary in this Agreement, User agrees and acknowledges that the rights attached to any Open Source Programs provided hereunder are separate from and do not depend on the Open Source Programs being part of, or used in connection with, the Software or the Network Appliance.

2. Proprietary Rights.

User acknowledges that ownership of and title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the Licensed Software and IP Blocking Service are and shall remain in Bandura. User acquires only the right to use the Licensed Software and IP Blocking Service and does not acquire any ownership rights or title in or to the Licensed Software or IP Blocking Service. All modifications, updates, revisions and extensions to the Licensed Software, IP Blocking Service and Documentation shall be considered part of the Licensed Software, IP Blocking Service and Documentation for purposes of this Section 2. All data, information, content, graphics, text and other materials or applications prepared by User through the use of the Licensed Software, added by User or integrated by User with the Licensed Software, shall be the sole property of User. You understand that neither Bandura nor AIG has any obligation to monitor the areas of the Licensed Software through which the User can supply information or material.

3. Warranty and Indemnification.

Bandura represents, warrants and covenants that it owns the Licensed Software, including all intellectual property rights therein, and that Bandura has all rights necessary to license and/or provide, in accordance with the terms of this Agreement, the Licensed Software, IP Blocking Service and appropriate Network Appliance, if any, to User.

3.1 Indemnification of AIG:

Bandura shall indemnify and hold AIG harmless against claims, liabilities, and costs, including reasonable attorneys’ fees, incurred in the defense of any claim brought against AIG by User or any other third party in connection with the Licensed Software and/or IP Blocking Service, including, but not limited to, malfunction of a Network Appliance, User’s inability to use the IP Blocking Service or Network Appliance, and/or any damage to User’s network.

3.2 Indemnification of User:

Bandura shall indemnify User against claims, liabilities, and costs, including reasonable attorneys’ fees, reasonably incurred in the defense of any claim brought against User by third parties alleging that User’s use of the Licensed Software, IP Blocking Service or Network Appliance infringes or misappropriates: (i) any patent; (ii) a copyright; or (iii) trade secret rights, provided that, User promptly notifies Bandura in writing of any such claim and Bandura is permitted to control fully the defense and any settlement of such claim as long as such settlement shall not include a financial obligation on User. User shall cooperate fully in the defense of such claim and may appear, at its own expense, through counsel reasonably acceptable to Bandura.

3.3 Indemnification of Bandura and AIG:

To the extent permissible by law, User shall indemnify Bandura, AIG, and their licensors, against all third party claims, liabilities, and costs, including reasonable legal fees, reasonably incurred in the defense of any claim (other than for the infringement of intellectual property rights specified in Section 3.2 above), arising out of User’s breach of its representations and warranties under this Agreement or User’s unauthorized use of the Licensed Software, IP Blocking Service or Network Appliance, and other proprietary information licensed under this Agreement, provided that, Bandura or AIG promptly notifies User in writing of such claim and that User is permitted to control fully the defense and any settlement of the claim.

4. Term and Termination.

This Agreement will become effective on the date User accept its terms and conditions or accesses the Licensed Software or IP Blocking Service and will remain in force until User or AIG terminates this Agreement. AIG will be deemed to have terminated this Agreement and the User’s right to use of the Licensed Software and the IP Blocking Service immediately without notice if User: (i) fails to comply with the terms and conditions of this Agreement, or (ii) no longer has an in-force cyber insurance policy with AIG or one of its insurance company affiliates. Notwithstanding, AIG reserves the right to terminate User’s use of the Licensed Software and IP Blocking Service, for any reason whatsoever, with ten (10) days written notice to User. Email notice to User is deemed to be sufficient notice under this Agreement.

Unless otherwise agreed by User and Bandura, User is not required to return any Network Appliance intentionally provided by Bandura as part of the IP Blocking Service.

5. Waiver.

No waiver of any right under this Agreement shall be effective unless in writing, signed by a duly authorized representative of the Party to be bound. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right.

6. Severability.

If any provision in this Agreement is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this License shall remain unaffected.

7. Governing Law.

Except as otherwise restricted by law, this License shall be governed by the internal laws of the State of New York (as permitted by Section 5-1401 of the New York General Obligations Law or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the Parties. The Parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods Act shall not apply to this Agreement.

8. Export Control Notice.

Regardless of any disclosure made by User to Bandura or AIG of an ultimate destination of the Licensed Software or IP Blocking Service (including any Network Appliance provided in connection therewith), User acknowledges that if the Licensed Software, IP Blocking Service or Network Appliance is being released or transferred to User in the United States that it is subject to the U.S. and European Union export control laws. User acknowledges its exclusive obligation to ensure that its exports from the United States are in compliance with the U.S. export control laws. User shall also be responsible for complying with all applicable governmental regulations of any foreign countries with respect to the use of the Licensed Software, IP Blocking Service or Network Appliance outside of the United States. User agrees that it will not submit the Licensed Software, IP Blocking Service or Network Appliance or any related content to any government agency for licensing consideration or other regulatory approval without the prior written consent of Bandura. Customer shall defend, indemnify, and hold Bandura and AIG harmless from and against any and all claims, judgments, awards, and costs (including reasonable legal fees) arising out of User’s noncompliance with applicable U.S. or foreign law with respect to the use or transfer of the Licensed Software, IP Blocking Service or Network Appliance outside the United States by User and its affiliates.

The Licensed Software, IP Blocking Service and Network Appliance provide services and use software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies. The User acknowledges and agrees that the Licensed Software, IP Blocking Service and Network Appliance shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to any countries to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using this Licensed Software and IP Blocking Service, User represents and warrants that it is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. User agrees to comply strictly with all U.S. export laws.

9. Warranty Disclaimer.

EXCEPT AS OTHERWISE RESTRICTED BY LAW, NEITHER BANDURA NOR AIG MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE LICENSED SOFTWARE OR IP BLOCKING SERVICE. BANDURA AND AIG DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE LICENSED SOFTWARE OR IP BLOCKING SERVICE WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE LICENSED SOFTWARE OR IP BLOCKING SERVICE WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE LICENSED SOFTWARE OR IP BLOCKING SERVICE WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, (F) THE LICENSED SOFTWARE OR IP BLOCKING SERVICE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE SECURITY SERVICES ARE SUITABLE FOR ALL NETWORKS.
THE LICENSED SOFTWARE AND IP BLOCKING SERVICE IS PROVIDED TO USER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BANDURA AND AIG.

10. Internet Delays.

User acknowledges that access to the Licensed Software and IP Blocking Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Bandura and AIG are not responsible for any delays, delivery failures, or other damage resulting from such problems.

11. Limitation of Liability.

EXCEPT AS OTHERWISE RESTRICTED BY LAW OR AS STATED HEREIN, BANDURA AND AIG SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE LICENSED SOFTWARE OR IP BLOCKING SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE LICENSED SOFTWARE OR IP BLOCKING SERVICE, , ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE AND/OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

IN FURTHERANCE, AND NOT IN LIMITATION OF, THE FOREGOING, BANDURA AND AIG ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO ARISING OUT OF OR RELATING TO THE LICENSED SOFTWARE OR IP BLOCKING SERVICE.

12. Confidentiality.
As used herein, “Confidential Information” means any non-public technical or business information of Bandura (or its licensors), including without limitation, any information, relating to Bandura’s techniques, algorithms, software, know-how, current and future products and services, research, engineering, designs, financial information, procurement requirements, manufacturing, customer lists, business forecasts, marketing plans and information, the terms and conditions of this Agreement, and any other information of Bandura (or its licensors) that is disclosed to User. Customer will take all reasonable measures to maintain the confidentiality of Bandura’s Confidential Information, but in no event less than the measures User uses to protect its own confidential information. User will limit the disclosure of Bandura’s Confidential Information to its employees with a bona fide need to access such Confidential Information in order to exercise its rights and obligations under this Agreement; provided that all such employees are bound by a written non-disclosure agreement that contains restrictions at least as protective as those set forth herein. User agrees that Bandura will suffer irreparable harm in the event that User breach any obligations under this Section 12 and that monetary damages will be inadequate to compensate Bandura for such breach. In the event of a breach or threatened breach of any of the provisions of this Section 12, Bandura, in addition to and not in limitation of any other rights, remedies or damages available to it at law or in equity, shall be entitled to a temporary restraining order, preliminary injunction and/or permanent injunction in order to prevent or to restrain any such breach.

13. Entire Agreement.

This Agreement sets forth the entire understanding and license between User, Bandura and AIG. This Agreement may be amended joint notice from AIG and Bandura to User concurrently with User’s renewal of the insurance policy with AIG. No other person is authorized to modify this Agreement or to make any warranty, representation or promise, which is different than, or in addition to, the warranty, representations or promises herein.