In consideration of accessing the website at www.torsionis.com, you agree to be bound by the terms of this license agreement.
This licence agreement (“Licence”) is a legal agreement between you (the “Licensee” or “you”) and Torsion Information Security Ltd. of Ground Floor Front Flat, 61 Belsize Park Gardens, London UK NW34JN (the “Licensor”, “us” or “we”).
The Software is [SPECIFICATION OF THE SOFTWARE, TAKING NOTE OF CLAUSES 4, 5.1 AND 6.1] (the “Specification”).
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
- THIS PRODUCT IS FOR BUSINESSES ONLY AND IS NOT AVAILABLE TO CONSUMERS.
- BY CONTINUING TO ACCESS THE WEBSITE AT www.torsionis.com, YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU, THE COMPANY YOU WORK FOR, ITS EMPLOYEES AND, WHERE APPLICABLE, YOUR EMPLOYEES. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CLAUSE 5
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MUST IMMEDIATELY DISCONTINUE ACCESSING THE WEBSITE AT www.torsionis.com.
You should print a copy of this Licence for future reference.
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of the payment of the licence fee (either to us or one of our approved distributors), the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this Licence.
1.2 You may:
(a) use the Software your internal business purposes only:
(i) on one SharePoint server farm, or Office 365 tenancy; or
(ii) if the Licence is a multi-user or network licence, for the number of concurrent users agreed between you and us;
(b) make copies of the SharePoint server farm, where the Software is installed and included in the farm strictly for back-up purposes only and not any other purpose, including duplicating the SharePoint server farm for development or testing purposes ;
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to copy the Software once a license key has been applied to the installation of it except where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
(c) 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;
(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things 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 you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Software with another software program;
(ii) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
(iii) is not used to create any software which is substantially similar to the Software;
(e) to keep all copies of the Software and any license keys issued to you secure;
(f) to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;
(g) to include our copyright notice on all entire and partial copies of the Software in any form;
(h) not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person other than your employees without prior written consent from us;
(i) to comply with all applicable technology control or export laws and regulations.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
4. LIMITED WARRANTY
4.1 We warrant that:
(a) the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Specification; and
(b) that the Specification correctly describes the operation of the Software in all material respects for the duration of the support agreement, under the terms of that agreement (Warranty Period).
4.2 If, within the Support Agreement period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Specification, we will, at our sole option, either repair or replace the Software, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
4.3 The warranty does not apply:
(a) if the defect or fault in the Software results from you having altered or modified the Software; or
(b) if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence.
5. LIMITATION OF LIABILITY
5.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Specification meet your requirements.
5.2 If you are a business customer, we only supply the Software for internal use by your business, and you agree not to use the Software for any re-sale purposes.
5.3 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
5.4 Other than the losses set out in clause 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the Licence Fee. This maximum cap does not apply to clause 5.5.
5.5 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.
5.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
6.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
6.2 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence;
(c) you must immediately delete or remove the Software from all computer equipment in your possession all copies of the Software then in your possession, custody or control and certify to us that you have done so.
7. COMMUNICATIONS BETWEEN US
7.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email at email@example.com. We will confirm receipt of this by contacting you by email.
7.2 If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your order for the Software.
7.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. 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 email, that such email was sent to the specified email address of the addressee.
8. OTHER IMPORTANT TERMS
8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
8.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
8.3 This Licence constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in this Licence.
8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
This specification covers the various editions of Torsion Information Security (SharePoint 2010 Edition, SharePoint 2013 Edition, SharePoint 2016 Edition, SharePoint Online Edition, and any future editions not mentioned herein)
Torsion Information Security enhances the information security capabilities of SharePoint, by packaging a set of proprietary modifications to the underlying SharePoint system which are collectively designed to increase the effectiveness of information security in SharePoint.
The set of modifications includes, but is not limited to:
‘Security Audiences’ (also known as ‘business-centric security’ or ‘business-driven security’) which allow the specification of information security configurations within SharePoint using dynamic combinations of business rules, intended to be configured by information owners / business managers / business users (as opposed to technical users / administrators / IT-centric personnel); where the scope of dimensions and options for said business rules is configurable to be applicable to the licensee organisation; where any possible information security configuration is assigned a title which is generated automatically and consistently; where the membership of the set of users who are granted access to information by means of the information security configuration is assumed to be transitory and dependent on changing business circumstances; where the membership of the set of users who are granted access to information by means of the information security configuration may be seen by the user by way of an information display.
‘Content Classifications’ which allow the assignment of a label to collections of information (where the term ‘collection’ may apply to between zero and many individual pieces of information) stored in SharePoint (at site collection, site, list, library, folder, item or document level), where the label assignment of the label automatically applies a set of information security configurations (which may include any combination of ‘Security Audiences’, SharePoint Groups, Domain Groups and Named Users) to the collection of information, and the definition of the label and said set of information security configurations is configurable to be applicable to the licensee organisation; where the label applied to a collection of information is made clearly visible to users of the SharePoint system who may be viewing or interacting with the collection of information; where the definition of the label includes a title, description, icon and colour; where the set of information security configurations applied to a collection of information may differ, but is automatically compared and contrasted with the set of information security configurations associated with the label, with any discrepancies made clear to the user, and an automated function made available to eliminate any such discrepancies.
‘Security Reporting’ which allows generation of report documents and information displays that include complete lists of the people who have access to collections of information (where the term ‘collection’ may apply to between zero and many individual pieces of information) stored in SharePoint, including what levels of access they have to the collection of information, and by means of which piece of information security configuration they are receiving said access; where report documents may be generated immediately, or automatically according to a schedule that is configurable by the licensee.
‘User Attribute Management’ which provides a consolidated view and means to manage the set of attributes and attribute values which describe users of a SharePoint system, which are used to build and calculate the membership of information security configurations including ‘Security Audiences’.
Torsion Information Security Ltd. Registered in the United Kingdom.