1. Access to and use of Secure Code Warrior’s Sensei tool (Sensei) is licensed to you, pursuant to the following Terms and Conditions.
2. Scope of License: The License granted to you is a non-exclusive, revocable, royalty-free, non-transferable license to access and use Sensei, in accordance with the terms of these Sensei Terms and the Usage Rules.
3. Consent to Use of Data: You agree that SCW may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, as well as metrics around your usage that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to Sensei or Licensed Application. SCW may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
4. License Fee: The License Fee is set out in the Sensei Order Form and is payable by You within 30 days from the date of issue.
5. Termination: The License is effective between the Start Dates and End Dates set out in the Sensei Order Form. Your rights under the Sensei Terms will terminate automatically without notice from Us if You fail to comply with any term(s) of these Sensei Terms. On either termination or expiration of the License, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
6. Services; Third Party Materials: The Licensed Application may enable access to SCW’s and third party products, services and web sites (collectively and individually, "Services"). Access to and use of the Services may require Internet access and that You accept additional terms of service including additional charges for data access or downloads as may be required by SCW, Your carrier or other third party providers.
7. You agree to use the Services at Your sole risk and agree that SCW has no liability to You for any other content to the extent of exclusion of liability permitted by law. You further acknowledge and agree that SCW is not liable to You for the accuracy or completeness of any content available through the Services.
8. Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that SCW is not responsible for examining or evaluating, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SCW does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties to the maximum extent permitted by law. Third Party Materials and links to other websites are provided solely as a convenience to You.
9. You acknowledge and agree that: (a) Sensei and Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright, and (b) You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of Sensei and Services. No portion of Sensei or Services may be reproduced in any form or by any means. (c) You further agree not to use Sensei or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SCW is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of Sensei or Services.
10. If you upload, post or publish any material to the Services, You agree and acknowledge and agree that (a) You own or have license to use the material; (b) You agree that SCW may use such material in order to provide You with and make improvements to the Services; (c) You acknowledge that the material will not infringe a third party’s intellectual property right and in the event of such claim You agree to hold Secure Code Warrior harmless against such claim on a full indemnity basis; and (d) You will only use the features of the Services and upload any materials at your own risk. Furthermore, You will not hold SCW liable in any way whatsoever for the maintenance, protection or security of any material that you post to the Services.
11. Services and Third Party Materials that may be accessed from, displayed on or linked to from any Device are not available in all languages or in all countries. SCW makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. SCW, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SCW be liable for the removal of or disabling of access to any such Services. SCW may also impose limits on the use of or access to certain Services, in any case and without notice or liability. SCW is not liable for providing Services consistent with the professional conduct standards in your jurisdiction. You agree that if you are an attorney, you are solely responsible for compliance with applicable rules of professional responsibility and ethical obligations to your clients and potential clients arising from your use of Sensei or Services in connection with their respective matters.
12. You acknowledge that the “Service” is made available to you via Jetbrains Marketplace but that Jetbrains is not a party to the Sensei Terms and is not responsible for or liable to You in any way. You agree that JetBrains does not and will not have any responsibility or liability related to compliance or non-compliance by you or any end user under these Sensei Terms, and you will indemnify JetBrains from any damage arising from breach of your obligations stipulated in this clause.
13. To the maximum extent permitted by law, our liability to you is limited, at our option, to: (a) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (b) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
14. Subject to clause 13, and to the maximum extent permitted by law, You expressly acknowledge and agree that: (a) use of the licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you; (b) the Licensed Application and any services performed or provided by the Licensed Application are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind unless expressly stated to the contrary in these Sensei Terms, Secure Code Warrior hereby disclaims all representations, warranties and conditions with respect to the Licensed Application and any services whether express or implied or statutory, including but not limited to the implied warranties and/ or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment. SCW does not warrant against interference with your enjoyment of the Licensed Application, that the functions contained in, or services performed or provided by, the Licensed Application will meet your requirements, that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application, or services will be corrected. To the maximum extent permitted by Law, no oral or written information or advice given by SCW or its authorised representative shall create a warranty.
15. In no event shall we be liable for any incidental, special, indirect or consequential damages whatsoever, including without limitation damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if SCW has been advised of the possibility of such damages. Nothing in this Agreement is intended to limit liability for death, personal injury or fraud. Subject to clause 10, and to the maximum extent permitted by law, the aggregate liability of Secure Code Warrior whether for breach of this Sensei Terms or in tort (including negligence) or for any other Common Law or statutory cause of action shall not exceed the total amount of the License Fee set out in the Sensei Order Form.
16. You may not use or otherwise export or re-export the Licensed Application except as authorised by the laws of the jurisdiction in which the Licensed Application was obtained.
17. This License Agreement and any disputes arising out of or in connection with access to and use of Sensei under the terms of the License Agreement will be governed and interpreted by the non-exclusive jurisdiction of:
(a) the laws of England and Wales where the contracting SCW entity is Secure Code Warrior Limited;
(b) the laws of New South Wales, where the contracting SCW entity is Secure Code Warrior Pty Limited; and
(c) the laws of the State of New York, where the contracting SCW entity is Secure Code Warrior, Inc.
18 Under no circumstances may you redistribute Sensei or Third Party Materials commercially or post any of Sensei or Third Party Materials on an intranet, internet, cloud or other platform or site whatsoever. Any transfer of the Materials shall be to an individual person only and will subject the transferee to these terms and conditions. Finally, use of Sensei and Third Party Materials are further subject to the terms and conditions of use which were accepted at the time you completed your purchase of Sensei and/or Third Party Materials.
BY DOWNLOADING, INSTALLING AND/OR USING THE LICENSED APPLICATION AND/OR SIGNING THE SENSEI ORDER FORM YOU ACCEPT THE TERMS AND CONDITIONS of the SENSEI LICENSE TERMS
a. UNITED KINGDOM (incorporated in England and Wales)
Secure Code Warrior Limited
Company Number 08559432
4 Ironstone Way
Brixworth, Northampton. NNG 9UD
Secure Code Warrior Pty Limited
ABN 97 608 498 639
c/o Vital Addition
5, 120 Sussex Street
Sydney. NSW 2000
Secure Code Warrior BVBA
Baron Ruzettelaan 5
bus 3 8310 Brugge
Security Code Warrior Inc
265 Franklin Street, Suite 1702
Boston MA 02110
Borgatun 24, 105,
As a user of the Secure Code Warrior platform we will hold the following information about you
This personal information will be held about you for so long as you have access to our platform and thereafter for a further period of twelve (12) months or as specified in your employers contract with us (whichever is the lower).
As potential employee of Secure Code Warrior we hold the following information about you:
Should you be unsuccessful we will retain this data for a period of twelve (12) months so that we may contact you regarding any future opportunities, unless you request that we delete the data beforehand.
As an email contact or prospective customer to Secure Code Warrior we hold the following information about you:
We will retain this data for up to 7 years from our last contact with you, unless you request that we delete the data beforehand.
As a registrant, or participant in a tournament or competition we hold the following information about you:
This personal information will be held about you for so long as you have access to our platform and thereafter for a further period of twelve (12) months.
As a supplier to Secure Code Warrior we hold the following information about you:
Necessary to enable us to perform our contract with you:
Necessary for the performance of our contract with you where such communication relates specifically to our services, and legitimate interest to be able to handle such queries:
For legitimate interest to enable Secure Code Warrior to:
For legitimate interests to allow Secure Code Warrior to improve customer services offering:
To enable Secure Code Warrior to comply with a legal obligation:
To enable Secure Code Warrior to recruit employees and assess potential candidates, that is to:
consider applications for roles for which you may have applied, directly or via a recruitment, and the negotiation of employment opportunities,
consider applicants for other roles within Secure Code Warrior for which they may be suited,
obtain references from former employers.
Necessary for the performance of a contract
For legitimate interests to enable Secure Code Warrior to conduct business
For legitimate interests to contact those who may benefit from our services
Necessary for the running of the competition and/ or tournament
for legitimate interests to enable Secure Code Warrior for the performance of a contract where the supplier is an individual
Legitimate interests to conduct business