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Egress Investigate 365 terms and privacy

Terms applicable to our innovative Microsoft Azure Marketplace app

Egress Investigate 365

The Egress Investigate 365 app (the App) is available for download from the Microsoft Azure Marketplace only.  The App enables you to measure the risk of human-activated security breaches within your organization.  It can analyse up to 100 Microsoft 365 mailboxes in order to provide analysis and reporting a variety of email actions and errors.

By using the App, you agree to these terms and conditions which form a binding agreement between you and Egress Software Technologies Limited, a company registered in England and Wales under company number 06393598 and with registered office at 12th Floor, The White Collar Factory, 1 Old Street Yard, London, EC1Y 8AF, UK (We, Us, Our).

Terms and conditions

If you are an employee, contractor, or other member of the workforce of, or a representative of, a direct competitor of an Egress Software Technologies Group company, you may not access or download the App except with Our prior written consent. No access to the app, or use of any of the summary reports or other outputs, is permitted for any form of competitive or benchmarking purposes, to determine if they are within the scope of any patent, or for purposes of evaluating or monitoring the App or Our services’ functionality, availability or performance.

Permitted use: You are permitted to download and install the App onto your business infrastructure.  You are granted a limited, non-exclusive, revocable, non-transferable and non-sublicensable right to access and use the App during the licence key period for your own internal business purposes of analysing the risk of human-activated email security breaches across up-to-100 Microsoft 365 email inboxes only.  Access rights in and to the App are licensed (not sold).  You are granted a limited non-exclusive, non-transferable and non-sublicensable right to use the summary reports and other outputs provided by the App for your own internal business purposes only.  Use of the App or any of the reports for the benefit of a third-party or for personal use is not permitted.  You are responsible for ensuring your software and infrastructure meets the required minimum specification at all times during your use of the App.  The rights granted under this paragraph and elsewhere in these Terms shall automatically cease on the earlier of: (a) the expiration of the licence key period; or (b) your deletion of the App.

AUP: You must comply, and ensure that your Group companies and Users comply, with Our Acceptable Use Policy (as amended from time to time).  You are responsible for making sure it is lawful to use the App in the country you are in and for complying with all applicable local laws.

Testing: You shall not, and shall not allow any third-parties to, perform any technical security integrity review, penetration test, load test, denial-of-service simulation, vulnerability scan or other similar activity on the App.  You shall not (and agree not to yourself or permit anyone on your behalf to) reverse engineer, disassemble, or decompile any software, software code or other tangible objects in the App or any services or other software involved in delivery of it.

Results and compliance: You are solely responsible for your use of the App, the results obtained, and the conclusions and decisions taken by you as a result of its use.  The App enables you prior to your deletion of it to download a summary report of your use, and where you choose to, download emails flagged by the App as possible issues or breaches.  You warrant and represent that you will comply with all binding laws, rules and regulations applicable to your use of the App and of any information that you download (including compliance with any laws and regulations relating to the processing of personal data or personal information which are applicable to your use of it).

LIABILITY: THE APP IS MADE AVAILABLE “AS IS” AND WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL GUARANTEES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, IMPLIED, STATUTORY OR OTHERWISE CONCERNING IT OR ANY DOCUMENTATION OR OTHER MATERIALS PROVIDED BY US (INCLUDING THOSE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL MATERIALS SCANNED THROUGH THE APP (INCLUDING ANY RELEVANT EMAIL ACCOUNTS) ARE APPROPRIATELY BACKED-UP PRIOR TO USE OF THE APP.  ANALYSIS PERFORMED BY THE APP AND REPORTS CREATED BY IT WILL BE LOST AND IRRETRIVEABLE ONCE THE APP IS DELETED BY YOU.  YOU WILL BE FULLY LIABLE FOR ANY DAMAGES, LOSSES, COSTS, CLAIMS AND ACTIONS ARISING OUT OF YOUR USE OF THE APP AND IN PARTICULAR YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCESS WILL WE BE LIABLE TO YOU FOR ANY (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR APP, ANY REPORTS OR THESE TERMS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF REVENUE, WASTED EXPENDITURE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF SOFTWARE, LOSS OF GOODWILL AND DAMAGE TO IMAGE OR REPUTATION, EVEN IF WE WERE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.

Intellectual Property: We, Our Group or licensors own all rights (including current and future developed intellectual property rights), title, interest in and to the App (including documentation, developments, deliverables, code, changes, updates and new versions of it, and in any learning enhancements to the artificial intelligence and machine learning themselves that are generated by its and their outputs and analysis of any data), and in the format and layout of any reports created by its use, in each case whether such are developed or created, revised or modified in response to your requests, suggestions, or ideas. The App may contain software which is obtained under licence from third-party licensors.  Your use of this third-party software shall be subject to these terms.  Except as set out in these terms We do not, and will not be deemed to, grant you any rights in or licences to any of the foregoing.  You grant Us a fully-paid up, royalty free, worldwide, perpetual, irrevocable, transferable, sub-licensable (including through multiple tiers) right to use, modify, distribute and incorporate into the App, Our software and services (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information provided by you related to the operation or functionality of Our App, services, software and/or support.  If you give us feedback relating to third-party software, then you similarly grant Us the right to permit the relevant licensor to use, modify, distribute and incorporate into its products, software and services your feedback on the terms set out above.  Patents may protect certain IPRs within the App, details can be found here.

Export: You are solely responsible for compliance with all import, reimport, export, re-export, sanctions, anti-boycott laws and other regulations that apply to your use of the App (including any processing of data and the region in which that occurs).  You warrant and represent that: (i) you will not use the App in respect of any items subject to export controls and sanctions; (ii) you are not (and neither is any party that directly or indirectly owns or controls you) subject to sanctions or designated on any list of prohibited or restricted parties (including any maintained by the UN Security Council, the US, the UK, the EU or any member state, or other applicable government authority); (iii) you will not transfer the App (or any right of access or use), or use them in or for the benefit of an embargoed country or prohibited or restricted party, or restricted end users or uses; and (iv) you will not re-export the App to China, Russia or Venezuela. If you choose in future to subscribe through a Reseller or through an app store to any of Our software or services, you agree to register with Us before use of them.  We may terminate your use of the App if you breach any part of this Section. 

Severance and law: If part of these terms is found by a court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other terms will remain in force.  Any invalid, unenforceable or illegal term will be interpreted to give effect to the parties’ commercial intention.  If that is not possible, it will be severed but the rest shall remain in full force.  These terms and any disputes, actions, claims or proceedings relating to them or their subject matter shall be subject to the laws, and exclusive jurisdiction of the Courts, of England and Wales (including in respect of any non-contractual disputes and claims)

Privacy (App version 1.0.35157)

The App is installed by you on your infrastructure.  Whilst We may receive statistical information from the Microsoft Azure Marketplace (e.g. number of downloads of the App, time and date, and the identity of the organisations doing so) We will not receive any information from you or the App as a result of your use.   The App will scan emails and associated content as directed by you and may store certain email data (such as sender, recipient(s), email subject, date and time the email was either sent or received and, where the email had an attachment, the types of personal data or personal information the email or attachment had).  This information is only accessible to you and is deleted when you delete the App.  We will not ourselves process or receive any of the personal data, personal information or emails and attachments that you process when running analysis through the App.

Developer

This App is operated by Egress Software Technologies Limited, registered in England and Wales (co number: 06393598, registered office: 12th Floor, The White Collar Factory, 1 Old Street Yard, London, EC1Y 8AF, VAT number: is 921 4606 46) for and on behalf of the Egress Software Technologies Group of companies.  You can find out more about our group on our About page.

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