ISpring® end user license agreement Review Date: September 16, 2022

7.9. Material Terms and Conditions. You specifically agree that each of the terms and conditions of this Section 7 are material and that failure of You to comply with these terms and conditions shall constitute sufficient cause for Licensor to immediately terminate this Agreement and the License granted under this Agreement. The presence of this Section 7.9 shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either party hereto.
8. ADDITIONAL PROTECTION MEASURES. Solely for the purpose of preventing unlicensed use of the Software, the Software may install on Your Client Device technological measures that are designed to prevent unlicensed use, and the Licensor may use this technology to confirm that You have a licensed copy of the Software. The update of these technological measures may occur through the installation of the Updates.
9. RIGHT TO AUDIT. PENETRATION TESTING
9.1. Right to Audit. To prevent fraud, Use of the Products and support services, Licensor, without written notice to users during Licensor’s business hours may examine and/or audit the Use of Licensor’s Products by any user. If any examination or audit should reveal unlicensed Use of the Products and support services by either an individual or an entity, then Licensor reserves the right to reset the number of activations, demand such user to deactivate the Software and stop providing such users with support services for the Products until such users obtain a license for the Products.
9.2. Penetration Testing. Licensor conducts penetration testing of the Software and Software Services, performed regularly by independent third-party security professionals at Licensor’s selection and expense, which result in the generation of a penetration test report (“Pen Test Report”), which is Licensor’s Confidential Information. Pen Test Reports may be made available to Licensee upon written request no more than annually subject to the confidentiality obligations of this Agreement or a mutually-agreed non-disclosure agreement covering the Pen Test Report.
If Licensee desires to conduct penetration testing or to have a third-party conduct penetration testing on its behalf, Licensee must provide written notice to Licensor at least thirty (30) days prior to the penetration testing with request to conduct such penetration testing. Penetration testing is not authorized until after receipt and validation of the required information provided to Licensor by Licensee and after delivery to Licensee of authorizations for penetration testing provided by Licensee or its contractors. Any penetration testing conducted by or at the request of the Licensee will be: (a) at Licensee’s expense; (b) limited to the source and destination IP addresses and network bandwidth specified in the penetration testing request, and the times and other conditions specified in the authorization provided by Licensee or its contractor, and Licensee will abide by the policies of Licensor or its contractor provided to Licensee regarding the use of security assessment tools and services. Licensee is responsible for any damages to Licensor or other Licensor customers that are caused by Penetration testing activities.