The free version of CAST SBOM Manager is provided only under the following End-User License Agreement (the “EULA”).
This EULA is entered between CAST S.A. a French Société Anonyme with a capital of 7,337,636.80 Euros, whose registered office is located at 3, rue Marcel Allégot, 92190 Meudon, France, registered with the Nanterre Trade and Companies Register under the number 379 668 809 (“CAST”) and the entity who will be downloading and using the free version of CAST SBOM Manager through any of its employees or contractors (the “End User”), for the purpose of granting End User a license of the free version of CAST SBOM Manager offered by CAST, as set forth below. For the purposes of the EULA, CAST and End User are referred to individually as a/the "Party" and collectively as the "Parties".
CAST SBOM Manager is described at the following URL:https://www.castsoftware.com/sbommanager and may be used on a stand-alone basis or as an extension of CAST Highlight.
By downloading the CAST SBOM Manager and clicking on “I have read and agree with the end-user license agreement”, End User agrees to the following terms:
1. Granted rights on CAST SBOM Manager
1.1 Limited License: Subject to the terms of this EULA, CAST grants End User a limited, non-exclusive, non-transferable and non-sublicensable right to install and use CAST SBOM Manager (“License”), at no charge, for the term set out in Section 4 below and for End User’s own internal purposes only, to generate (i) up to 25 Software Bill of Materials (“SBOMs”) if the End User does not have an active subscription of CAST Highlight or has an active subscription of a CAST Highlight edition other than “Complete Insights”; or (ii) up to the same number of SBOMs than the number of in-scope applications if the End User has an active subscription of CAST Highlight “Complete Insights”.
1.2 Restrictions: End User shall not and shall not permit any third party to (i) reverse engineer, decompile or disassemble CAST SBOM Manager, except to the extent permitted by law; (ii) copy or reproduce in any manner CAST SBOM Manager in whole or in part, except for one copy for backup and archival purposes; (iii) translate, modify or create a derivative work of any part of CAST SBOM Manager or create a competing software using CAST SBOM Manager or its documentation or (iv) sell, resell, lease, sublicense, transfer, assign, distribute or otherwise commercially exploit CAST SBOM Manager. End User shall immediately notify CAST if it becomes aware of any breach or threatened breach of the provisions of this Section 1.2.
2. Intellectual Property. CAST owns all rights including intellectual property rights of CAST SBOM Manager and its documentation, except third-party components as listed at the following URL:https://doc.casthighlight.com/sbom-manager-third-party-components/. All rights in CAST SBOM Manager not expressly granted to End User in this EULA are reserved to CAST and, where applicable, its licensors.
3. End User Responsibilities. End User is solely responsible for: (i) the use of CAST SBOM Manager on computers, servers or any other hardware whose configuration meet the configuration standards or prerequisites defined by CAST in the documentation; (ii) the qualifications and competence of its personnel; (iii) the carrying out of adequate tests prior to the operation of each version of CAST SBOM Manager in a configuration as similar as reasonably possible to that to be used by End User; (iv) the use of CAST SBOM Manager in accordance with industry best practices, including the making of back-up copies of data stored on any system using CAST SBOM Manager, of program sources and of any logical representation of End User’s programs created or adapted with the aid of CAST SBOM Manager and the making of daily back-up copies of data bases supplied with CAST SBOM Manager and (v) any existing damage to, or error in the system or hardware of End User or any virus in End User’s systems.
4. Term and Termination. The EULA is effective for the License term which is twelve (12) months from the date on which the form for End User to access to the download page of CAST SBOM Manager is filled, unless terminated earlier in accordance with the provisions herein. Each Party may terminate the EULA, subject to fifteen (15) days' written notice, in the event of a material breach by the other Party of its contractual obligations, if the defaulting Party has not remedied such breach within the aforementioned period of fifteen (15) days. In addition, each Party may, upon giving thirty (30) days written notice to the other Party, terminate the EULA at any time for convenience. In the event of expiry or termination of this EULA, End User shall: (i) immediately cease using CAST SBOM Manager and (ii) uninstall / delete and permanently erase CAST SBOM Manager and any copy thereof. The expiry or termination of the EULA shall not terminate any rights acquired by either Party under the EULA prior to its expiry or termination or which by their nature are intended to survive its expiry or termination, including without limitation provisions relating to confidentiality, disclaimers, intellectual property rights, liability and this paragraph.
5. Confidentiality. Each Party may have access to information (in any form) that relates to the other Party and/or its business which is identified by the disclosing Party as confidential or reasonably understood to be confidential (“Confidential Information”). The receiving Party agrees that Confidential Information may only be used for the purposes set out in the EULA and that it shall protect Confidential Information in the same manner that it protects its own similar confidential information, but in no event using less than a reasonable standard of care. The receiving Party shall (i) limit access to the Confidential Information of the other Party to those of its employees, affiliates’ employees, advisors and subcontractors, who have a need to know for the purpose of performing its obligations under the EULA (hereafter referred to as “Representatives”) and (ii) make sure that each Representative to whom such Confidential Information is disclosed is bound by obligations of confidentiality substantially similar to those defined herein. The receiving Party will be fully responsible for the breach of confidentiality obligations by its Representatives. Nothing in the EULA prohibits or restricts the use by either Party of information (i) previously known to it without an obligation not to disclose such information, (ii) independently developed by or for it without using Confidential Information, (iii) obtained by it from a third-party which was not, to the receiving Party’s knowledge, under an obligation not to disclose such information, or (iv) which is or becomes publicly available without breaching the obligations of the EULA. This confidentiality obligation shall continue to apply for a period of three (3) years from the expiry or termination of the EULA. CAST retains the right to analyze the software intelligence generated by CAST SBOM Manager for product development, feedback, and research; provided that all such data shall be rendered anonymous and used in a strictly confidential manner.
6. Disclaimer. CAST SBOM MANAGER IS PROVIDED "AS IS". CAST DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CAST SBOM MANAGER, INCLUDING BUT NOT LIMITED TO WARRANTIES WITH REGARD TO FITNESS FOR A PARTICULAR USE OR PURPOSE, MERCHANTABILITY, NON INFRINGEMENT, NOR THAT CAST SBOM MANAGER WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND CAST HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.
7. Liability. IN NO EVENT WILL CAST BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT DAMAGES, SUCH AS LOSS OF PROFITS, LOSS OF IMAGE, LOSS OF INVESTMENT, LOSS OF FILES AND DATA, LOSS OF EARNINGS OR SAVINGS. CAST'S LIABILITY UNDER OR IN CONNECTION WITH THE EULA, FOR ANY REASON AND ON ANY BASIS WHATSOEVER, SHALL BE LIMITED, IN THE AGGREGATE, FOR ALL CAUSES, CLAIMS AND DAMAGES COMBINED, TO €5,000.
8. Miscellaneous. The EULA set forth the entire agreement between End User and CAST with respect to the subject matter of the EULA and supersedes and replaces all prior agreements and understandings, whether oral or written. Any other general and/or specific conditions of either Party are inapplicable and shall be deemed null and void. The EULA may be modified, waived, or amended only by a written document signed by both Parties. If any provisions of the EULA are invalid under any applicable law or court decision, the remainder of the EULA shall remain in full force and effect.
9. Governing Law and Jurisdiction. The EULA shall be governed by the laws of France, without giving effect to any conflicts of laws principles. IF THERE IS A DISPUTE RELATING TO THE CONCLUSION, THE PERFORMANCE OR THE INTERPRETATION OF THE EULA, THE PARTIES SHALL WORK TOGETHER IN GOOD FAITH FIRST TO RESOLVE THE MATTER INTERNALLY BY ESCALATING IT TO HIGHER LEVELS OF MANAGEMENT. IN THE ABSENCE OF AN AMICABLE SETTLEMENT WITHIN THIRTY (30) DAYS OF NOTIFICATION OF THE DISPUTE TO THE OTHER PARTY BY REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT, ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE EULA SHALL BE HEARD EXCLUSIVELY BY THE COMMERCIAL COURT OF PARIS.