Port Scanning and Vulnerability Testing
General Permission and Waiver
The terms of this agreement cover all services performed by ___________________ ("The Consultant") for _______________________________________ ("The Client"), in relation to port scanning or vulnerability testing client network or computer systems with the following hostnames or IP addresses _______________________ (attach list if too long). By signing below, the Client agrees to the following terms and conditions:
The Client hereby grants the Consultant and its agents permission to access or attempt to access the servers and network devices necessary to perform various port scanning and vulnerability testing services. The individual signing this agreement warrants that they are an officer of the client company, or are authorized by an officer to give such permission. The Client agrees that it is responsible for properly backing up any systems to be surveyed. While the tests performed are generally passive and non-intrusive, there is the risk of systems being crashed or data loss. Client should maintain regular backups of their data. The Client agrees to indemnify and hold harmless The Consultant and its agents for any inadvertent or coincidental loss of data, service, business or productivity due to this activity. The Client shall be responsible for taking action on any security flaws or holes identified by the services. The Consultant is not responsible under this contract for putting these remedies in place. This agreement shall be subject to and governed by the laws of the State of ____. The parties agree that for venue purposes any and all lawsuits, disputes, causes of action and/or arbitration shall be in _______ County, __.
Warranties
The Consultant shall not be liable for any delay of performance of the service, or any damages suffered by Client as a result of such delay, when such delay is directly or indirectly caused by or results from any act of God or other intervening external cause, accident, governmental laws or regulations, labor disputes, civil disorder, transportation delays, or any other cause beyond the reasonable control of the Consultant or the Client. THE CONSULTANT MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE. CLIENT AGREES THAT THE CONSULTANT SHALL HAVE NO LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF BUSINESS. AGREED: ____________________________________ Date: ___________ CLIENT NAME: _______________________________ CLIENT TITLE: _______________________________
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