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LICENSE
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Burp Suite Professional Licence Agreement
This licence agreement (Licence) is a legal agreement between you (Licensee or
you) and PORTSWIGGER LTD of Victoria Court, Bexton Road, Knutsford, WA16 0PF
England (Licensor or we) for a suite of tools designed for web application
security testers (Burp Suite Professional or Software), which includes computer
software, and the online documentation current at the date of the download of
this Licence (Documentation).
BURP SUITE PROFESSIONAL REQUIRES A COMPUTER WITH A MINIMUM OF 4GB OF MEMORY AND
THE OFFICIAL JAVA RUNTIME ENVIRONMENT (64-BIT EDITION, VERSION 1.7 OR LATER). IF
YOU INTEND TO USE THE SOFTWARE ON ANY OTHER PLATFORM YOU SHOULD FIRST TEST THE
FREE VERSION OF BURP SUITE ON THAT PLATFORM TO SATISFY YOURSELF THAT IT WORKS
CORRECTLY. INTERNET ACCESS IS REQUIRED DURING INSTALLATION TO ACTIVATE THE
SOFTWARE. BY INSTALLING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE AND
THE TERMS AND CONDITIONS OF THE LICENSOR WHICH WILL BIND YOU AND YOUR EMPLOYEES.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AND THE TERMS AND CONDITIONS,
WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE
ORDERING OR INSTALLATION PROCESS NOW. IN THIS CASE THE ORDERING PROCESS OR
INSTALLATION WILL TERMINATE.
WARNING: BURP SUITE PROFESSIONAL IS DESIGNED TO TEST FOR SECURITY FLAWS AND CAN
DO DAMAGE TO TARGET SYSTEMS DUE TO THE NATURE OF ITS FUNCTIONALITY. TESTING FOR
SECURITY FLAWS INHERENTLY INVOLVES INTERACTING WITH TARGETS IN NON-STANDARD WAYS
WHICH CAN CAUSE PROBLEMS IN SOME VULNERABLE TARGETS. YOU MUST TAKE DUE CARE WHEN
USING THE SOFTWARE, YOU MUST READ ALL DOCUMENTATION BEFORE USE, YOU SHOULD BACK
UP TARGET SYSTEMS BEFORE USE AND YOU SHOULD NOT USE THE SOFTWARE ON PRODUCTION
SYSTEMS OR OTHER SYSTEMS FOR WHICH THE RISK OF DAMAGE IS NOT ACCEPTED BY YOU.
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of payment by you of any agreed licence fee and you
agreeing to abide by the terms of this Licence, the Licensor hereby grants to
you a non-exclusive, non-transferable licence for the period (the "Licence
Period") specified in your order confirmation for the number of individual users
specified therein to use the Software and the Documentation on the terms of this
Licence.
1.2 Each installation of Burp Suite Professional on an individual computer
needs to be activated before it will operate. It is recognised that in the
course of ordinary usage of the Software, individual users may need to install
the product on more than one computer. The number of activations performed for
each licence is monitored. The Licensor reserves the right to limit the number
of activations allowed per licence, and to prevent further activations if this
limit is exceeded.
1.3 You may either:
1.3.1 download, install and use the Software and Burp Apps (as defined in
condition 4) for your internal business purposes (which includes bespoke client
consultancy, if appropriate) only; and
1.3.1.1 make one copy of the Software for back-up purposes only, provided
that this is necessary for the activities permitted under condition 1.3.1;
1.3.1.2 receive and use any free supplementary software code or update of the
Software incorporating "patches" and corrections of errors as may be provided by
the Licensor from time to time on the basis that they are governed by the terms
of this Licence;
1.3.1.3 use any Documentation in support of the use permitted under condition
1.3.1 and make such numbers of copies of the Documentation as are reasonably
necessary for its lawful use; and
1.3.1.4 analyse the behaviour and performance of the documented functionality
of the Software and any Burp Apps (defined as aforesaid) and disclose the
findings of such analysis to any party provided that such findings are provided
simultaneously and in identical form to the Licensor; or
1.3.2 resell the Software provided that you procure that the purchaser is
bound by the terms of this Licence Agreement for the benefit of the Licensor and
that you indemnify the Licensor against all costs (including legal costs)
charges and expenses incurred by the Licensor as a result of the failure by you
to comply with the provisions of this paragraph and/or the resale by you of the
Software to the purchaser.
1.4 If you are a purchaser who has obtained lawfully the Software other than
by direct purchase from the Licensor you may carry out the functions on the
terms specified in paragraph 1.3.1 above and, in consideration of the Licensor
agreeing to provide updates of the Software to you during the Licence Period,
either directly or via the relevant intermediary or intermediaries, you agree to
be bound by this Licence Agreement directly in favour of the Licensor.
2. LICENSEE'S WARRANTY AND UNDERTAKINGS
2.1 You warrant that you are not purchasing the Software as a consumer, but
will be using the Software in your business and that you are duly authorised by
your business to purchase the Software.
2.2 Except as expressly set out in this Licence or as permitted by any local
law, you undertake:
2.2.1 not to use the Software, the Documentation or any Burp Apps for any
unlawful purposes, particularly as Burp Suite Professional contains
functionality that can be used to attack and compromise computer systems.
2.2.2 to obtain all necessary authorisations from system owners prior to
using Burp Suite Professional or any Burp Apps thereon;
2.2.3 to keep confidential any credentials provided by the Licensor enabling
you to log in to the Licensor's server (for the purposes of downloading product
builds and licence keys and to perform product activation, to create Extensions
(as defined in condition 4)), or to access the Burp Collaborator server;
2.2.4 not to copy the Software or Documentation except where such copying is
incidental to normal use of the Software, or where it is necessary for the
purpose of back-up or operational security;
2.2.5 subject to the provisions of condition 4, not to rent, lease,
sub-license, loan, translate, merge, adapt, vary or modify the Software or
Documentation;
2.2.6 subject to the provisions of condition 4, 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;
2.2.7 not to disassemble, decompile, reverse engineer or create derivative
works based on, the whole or any part of the Software nor attempt to do any such
thing 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:
2.2.7.1 is used only for the purpose of achieving inter-operability of the
Software with another software program; and
2.2.7.2 is not unnecessarily disclosed or communicated without the Licensor's
prior written consent to any third party; and
2.2.7.3 is not used to create any software which is substantially similar to
the Software;
2.2.8 to keep all copies of the Software secure and to maintain accurate and
up-to-date records of the number and locations of all copies of the Software;
2.2.9 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;
2.2.10 to replace the current version of the Software with any updated or
upgraded version or new release provided by the Licensor under the terms of this
Licence immediately on receipt;
2.2.11 to include the copyright notice of the Licensor on all entire and
partial copies you make of the Software on any medium;
2.2.12 not to provide or otherwise make available the Software in whole or in
part (including but not limited to program listings, object and source program
listings, object code and source code), in any form to any person other than
your employees without prior written consent from the Licensor;
2.2.13 unless specifically authorised by us in writing, not to use the
Software as part of an automated service offering to third parties;
2.2.14 not to engage in any activity, practice or conduct which would
constitute an offence under sections 1, 2, or 6 of the Bribery Act 2010, if such
activity, practice or conduct had been carried out in the UK;
2.2.15 to be responsible for all liability claims, actions, or causes of
action, together with the legal costs of the Licensor in bringing the same,
arising by reason of or in any way relating to your actions or activities of
yourself, your employees, agents, or contractors under this Licence Agreement.
3. SUPPORT AND UPGRADES
3.1 Purchase of a licence for Burp Suite Professional entitles you to free
product support at the Licensor's sole discretion.
3.2 If new releases of Burp Suite Professional are offered for sale, these
may be made available free of charge to you for the duration of your Licence
provided that you enter into a new licence agreement in respect of such new
release.
4. EXTENSIONS
4.1 In this Licence Agreement "Extension" means all programming additions
made by a Licensee or on his behalf or with his concurrence to the Software
using any of Burp Suite's official APIs (as hereinafter defined) to either
4.1.1 extend the functionality of the Software or any other software produced
by the Licensor; or
4.1.2 enable the Software or any other software produced by the Licensor to
inter-operate with other software;
but not to copy, clone, reproduce or emulate any existing feature of any
software produced by the Licensor;
and "Burp App" or "BApp" means an Extension adopted by the Licensor pursuant to
this clause.
4.2 "Burp Suite's official APIs" means any of the official application
programming interface available as part of the Documentation.
4.3 Extensions may be created for the use of the Licensee Provided that if
any such Extension is published (which, for the avoidance of doubt, shall
include sharing such Extension with another Licensee or a third party unless the
party to which the Extension is provided is either a client of the Licensee and
the relevant Extension has been created for use on an engagement for that or
another client of the Licensee, or another Licensee within your organisation)
the Licensee shall notify the Licensor and provide to it a copy of such
Extension and the Licensee agrees that any such Extension shall, at the option
of the Licensor, become either
4.3.1 a Burp App; or
4.3.2 part of the Software.
4.4 When the creation of an Extension is notified to the Licensor or
shared publicly and comes to the attention of the Licensor the Licensor has the
option to make the Extension a Burp App (Burp App, or BApp) after having carried
out the necessary checks to ensure that the Extension is efficacious and
suitable for use with the Software.
4.5 The Licensor has established the BApp Store product feature where Burp
Apps are described and may be downloaded without charge for use as an Extension.
4.6 By designating an Extension a Burp App the Licensor warrants that the
Extension has been checked by the Licensor and has been deemed suitable for use
with the Software.
4.7 All Extensions and Burp Apps remain the property of the author but by
creating such Extension, the author has granted an irrevocable perpetual licence
free of charge to the Licensor to incorporate such Extension in the Software at
the Licensor's option and an irrevocable perpetual licence free of charge to all
Licensees who download the Burp App from the BApp Store.
4.8 If, at the sole option of the Licensor, the Licensor incorporates an
Extension into the Software a notice will be placed on the BApp Store to that
effect.
4.9 The Licensor retains the right without incurring any liability to the
Licensee to disable without notice any Burp App being used by the Licensee where
the Licensor considers in its sole discretion that use of such Burp App with the
Software is problematical.
5. BURP COLLABORATOR
5.1 The Licensor has developed Burp Collaborator which is a component of the
Software’s automated and manual testing tools. Burp Collaborator involves the
Licensee deploying a system on the public web (the "Collaborator Server") which
acts as the recipient of third-system interactions that may be triggered by
payloads that the Software sends to target systems enabling the detection of
certain types of vulnerability. A full description of the functionality of Burp
Collaborator forms part of the Documentation.
5.2 The functionality of Burp Collaborator gives rise to issues that require
careful consideration by the Licensee as fully set out in the Documentation. By
utilising any features of the Software that may cause interaction with Burp
Collaborator, the Licensee will be deemed to have read the relevant
Documentation, fully understood the functionality and the alternative methods of
utilisation of Burp Collaborator and considered the consequences of utilisation
for its organisation and as a result of such consideration has decided that Burp
Collaborator, in the form utilised by it, is suitable and appropriate for use by
it. The Licensor considers Burp Collaborator to be efficacious in identifying
vulnerabilities of the target website in connection with third-system
interactions, but the Licensee must make its own evaluation before using the
Burp Collaborator Server in one of the alternative manners set out in the
Documentation.
6. BURP INFILTRATOR
6.1 The Licensor has developed Burp Infiltrator which is a component of the
Software for instrumenting deployed applications in order to facilitate testing
using the Software. Burp Infiltrator involves the Licensee deploying or
procuring deployment of the Infiltrator component within the target system which
enhances the ability of the Software to detect certain types of vulnerability. A
full description of the functionality of Burp Infiltrator forms part of the
Documentation.
6.2 The functionality of Burp Infiltrator gives rise to issues that require
careful consideration by the user as fully set out in the Documentation. By
deploying or procuring deployment of the Infiltrator tool, the Licensee will be
deemed to have read the relevant Documentation, fully understood the
functionality of Burp Infiltrator and considered the consequences of utilisation
for its organisation and any bespoke consultancy clients of the Licensee and, as
a result of such consideration, has decided that Burp Infiltrator is suitable
and appropriate for use by it and by any client of the Licensee. The Licensor
considers Burp Infiltrator to be efficacious in helping to identify
vulnerabilities of the target website, but the Licensee must make its own
evaluation before utilising Burp Infiltrator in the manner set out in the
Documentation.
6.3 If the Licensee causes its client to install Burp Infiltrator as part of
a bespoke consultancy permitted pursuant to clause 1.3.1 above, by so doing it
warrants to the Licensor that it has recommended to the client to install Burp
Infiltrator on its system and has discussed with the client the contents of the
Documentation relating thereto and the potential consequences of such
installation.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 You acknowledge that all intellectual property rights in the Software and
the Documentation anywhere in the world belong to the Licensor, that rights in
the Software are licensed (not sold) to you, and that you have no rights in, or
to, the Software or the Documentation other than the right to use them in
accordance with the terms of this Licence.
7.2 You acknowledge that you have no right to have access to the Software in
source code form.
7.3 The integrity of this Software is protected by technical protection
measures (TPM) so that the intellectual property rights, including copyright, in
the Software of the Licensor are not misappropriated. You must not attempt in
any way to remove or circumvent any such TPM, nor apply or manufacture for sale
or hire, import, distribute, sell or let for hire, offer or expose for sale or
hire, advertise for sale or hire or have in your possession for private or
commercial purposes any means the sole intended purpose of which is to
facilitate the unauthorised removal or circumvention of such TPM.
8. LICENSOR'S WARRANTY
8.1 The Licensor warrants that for a period of 90 days from the date of
purchase of the Software (Warranty Period) the Software will, when properly
used, perform substantially in accordance with the functions described in the
Documentation (provided that the Software is properly used on the computer and
with the runtime environment for which it was designed as referred to herein).
Burp Apps do not have the benefit of this warranty and the warranty in relation
to Burp Collaborator is limited as set out in the Documentation as it relates to
Burp Collaborator.
8.2 You acknowledge that the Software and the Burp Apps have 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 Documentation and the facilities and functions of any Burp App
meet your requirements.
8.3 You acknowledge that the Software and the Burp Apps may not be free of
bugs or errors, and agree that the existence of minor errors shall not
constitute a breach of this Licence.
8.4 If, within the Warranty Period, you notify the Licensor in writing of any
defect or fault in the Software in consequence of which it fails to perform
substantially in accordance with the Documentation, and such defect or fault
does not result from you having amended the Software or used it in contravention
of the terms of this Licence, the Licensor will, at its sole option, either
repair or replace the Software, provided that you make available all the
information that may be necessary to help the Licensor to remedy the defect or
fault, including sufficient information to enable the Licensor to recreate the
defect or fault.
9. LICENSOR'S LIABILITY
YOUR ATTENTION IS DRAWN PARTICULARLY TO THE PROVISIONS OF THIS CONDITION
9.1 Nothing in this Licence shall limit or exclude the liability of either
party for death or personal injury resulting from negligence, fraud, fraudulent
misrepresentation.
9.2 Subject to condition 9.1, the Licensor's liability for losses suffered by
you arising out of or in connection with this agreement (including any liability
for the acts or omissions of its employees, agents and subcontractors), whether
arising in contract, tort (including negligence), misrepresentation or
otherwise, shall not include liability for:
9.2.1 loss of turnover, sales or income;
9.2.2 loss of business profits or contracts;
9.2.3 business interruption;
9.2.4 loss of the use of money or anticipated savings;
9.2.5 loss of information;
9.2.6 loss of opportunity, goodwill or reputation;
9.2.7 loss of, damage to or corruption of software or data; or
9.2.8 any indirect or consequential loss or damage of any kind howsoever
arising and whether caused by tort (including negligence), breach of contract or
otherwise;
provided that this condition 9.2 shall not prevent claims for loss of or damage
to your tangible property that fall within the terms of condition 8 or any other
claims for direct financial loss that are not excluded by any of categories
9.2.1 to 9.2.8 inclusive of this condition 9.2.
9.3 Subject to condition 9.1, the Licensor's maximum aggregate liability
under or in connection with this Licence, or any collateral contract, whether in
contract, tort (including negligence) or otherwise, shall be limited to a sum
equal to 100% of the Licence Fee.
9.4 Subject to condition 9.1, condition 9.2 and condition 9.3, the Licensor's
liability for infringement of third-party intellectual property rights shall be
limited to breaches of rights subsisting in the UK.
9.5 This Licence sets out the full extent of the Licensor's obligations and
liabilities in respect of the supply of the Software and Burp Apps. In
particular, there are no conditions, warranties, representations or other terms,
express or implied, that are binding on the Licensor except as specifically
stated in this Licence. Any condition, warranty, representation or other term
concerning the supply of the Software and Burp Apps which might otherwise be
implied into, or incorporated in, this Licence, or any collateral contract,
whether by statute, common law or otherwise, is hereby excluded to the fullest
extent permitted by law.
10. PUBLICITY AND COMMUNICATION
10.1 By entering into this Licence Agreement you agree that we may refer
to you as one of our customers internally and in externally published media and,
where relevant, you grant your consent to the use of your logo for this purpose,
unless you notify us in writing that we may not refer to you for such purpose.
Any additional disclosure by us with respect to you shall be subject to your
prior written consent.
10.2 By entering into this Licence Agreement you consent that we may
process the personal data that we collect from you in accordance with our
Privacy Policy. In particular, we may use information we hold about you for the
purposes of, inter alia, sending out renewal reminders, questionnaires to
certain categories of users including non-renewers and feedback requests.
10.3 In limited circumstances as described in the Documentation as it
relates to Burp Collaborator it is possible that data may be collected by us in
respect of the Licensee and the target systems against which they are using
Burp. We shall deal with all such data in accordance with the Documentation
relating to Burp Collaborator and our Privacy Policy.
10.4 Any questions, comments and requests regarding our data processing
practices may be addressed to [email protected].
11. TERMINATION
11.1 The Licensor 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.
11.2 Upon termination for any reason:
11.2.1 all rights granted to you under this Licence shall cease;
11.2.2 you must cease all activities authorised by this Licence;
11.2.3 you must immediately pay to the Licensor any sums due to the Licensor
under this Licence; and
11.2.4 you must immediately delete or remove the Software and any Burp Apps
from all computer equipment in your possession, and immediately destroy or
return to the Licensor (at the Licensor's option) all copies of the Software and
Burp Apps then in your possession, custody or control and, in the case of
destruction, certify to the Licensor that you have done so.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 This Licence is binding on you and us, and on our respective successors
and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of this
Licence, or any of your rights or obligations arising under it, without our
prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of
this Licence, or any of our rights or obligations arising under it, at any time
during the term of the Licence.
13. NOTICES
All notices given by you to us must be given to PortSwigger Ltd at
[email protected] or Victoria Court, Bexton Road, Knutsford, WA16 0PF
England. We may give notice to you at either the e-mail or postal address you
provided to us when purchasing the Software. Notice will be deemed received and
properly served immediately when posted on our website, 24 hours after an e-mail
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 e-mail, that such e-mail was sent to the specified e-mail address
of the addressee.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under this Licence that is
caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission
or accident beyond our reasonable control and includes in particular (without
limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster;
14.2.4 impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications
networks;
14.2.6 the acts, decrees, legislation, regulations or restrictions of any
government.
14.3 Our performance under this Licence is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an extension of
time for performance for the duration of that period. We will use our reasonable
endeavours to bring the Force Majeure Event to a close or to find a solution by
which our obligations under this Licence may be performed despite the Force
Majeure Event.
15. WAIVER
15.1 If we fail, at any time during the term of this Licence, to insist upon
strict performance of any of your obligations under this Licence, or if we fail
to exercise any of the rights or remedies to which we are entitled under this
Licence, this shall not constitute a waiver of such rights or remedies and shall
not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any
subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to you in
writing.
16. SEVERABILITY
If any of the terms of this Licence are determined by any competent authority to
be invalid, unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms, conditions
and provisions which will continue to be valid to the fullest extent permitted
by law.
17. ENTIRE AGREEMENT
17.1 This Licence and any document expressly referred to in it represents the
entire agreement between us in relation to the licensing of the Software, the
Documentation and any Burp Apps and supersedes any prior agreement,
understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into this Licence, neither of us
has relied on any representation, undertaking or promise given by the other or
implied from anything said or written in negotiations between us prior to
entering into this Licence except as expressly stated in this Licence.
17.3 Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date we entered
into this Licence (unless such untrue statement was made fraudulently) and the
other party's only remedy shall be for breach of contract as provided in these
terms and conditions.
18. LAW AND JURISDICTION This Licence, its subject matter or its formation
(including non-contractual disputes or claims) shall be governed by and
construed in accordance with English law and submitted to the exclusive
jurisdiction of the English courts.