Terms and Conditions

Before you start using Blue Team Training Toolkit, you need to carefully read and accept the following terms and conditions.

Disclaimer

Blue Team Training Toolkit can only be used for legal activities.
Use this software at your own risk.

It is the user’s responsibility to obey all applicable laws.

The developer or Encripto AS assume no liability, and are not responsible for any misuse or damage caused by this program.

Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights
that are mentioned, used or cited in this document is property of their respective owners.

Read the Blue Team Training Toolkit – FreeBSD License section and Content Subscription Agreement below for more details.

Blue Team Training Toolkit – FreeBSD License

Blue Team Training Toolkit (BT3) is written by Juan J. Güelfo at Encripto AS, and it is licensed under the FreeBSD license.

Content Subscription Agreement

This is a legal agreement (“Agreement”) between Encripto AS (“Encripto”), and you (“You”), the party downloading content through Encripto’s content subscription service (as capitalized term is defined below) for the Blue Team Training Toolkit. This Agreement covers Your permitted use of the content, as applicable (collectively, the “Licensed Materials”). BY ENTERING “Y” IN THE SOFTWARE OR CLICKING THE “I ACCEPT” CHECKBOX ON THE PRICE QUOTE REQUEST FORM, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IN ADDITION, IF YOU HAVE PREVIOUSLY LICENSED THE CONTENT, BY ENTERING “Y” OR CLICKING “I ACCEPT” YOU INDICATE YOUR ACCEPTANCE THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY EARLIER AGREEMENTS AND THAT ALL COPIES OF THE LICENSED MATERIALS IN YOUR POSSESSION WILL BE DEEMED TO BE LICENSED UNDER AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You do not agree with the terms of this Agreement, You may not use the Licensed Materials. The Licensed Materials can only be provided to You by Encripto. The term “Agreement” includes any exhibits to the document.

1. Grant of Licenses

Content subscription. Encripto licenses two variations of the Licensed Materials, described in more detail below.

(a) Personal License. Upon payment, Encripto grants you a non-exclusive, permanent, limited right to use the downloaded Licensed Materials worldwide, exclusively in a manner expressly specified here. All rights which are not expressly granted here are reserved.

You are authorized to use the Licensed Materials for personal purpose in a home environment only, in any way that is in accordance with the granted rights. It is not for use by any commercial organization, teaching or training institution.

It is expressly prohibited to use the Licensed Materials commercially for any purpose or for any need not directly related personal use.
It is particularly prohibited to lease or distribute the original or copies of the Licensed Materials by selling or otherwise, or offering them with the intention of selling, as well as to publish, and make available to the public, through wired or wireless systems, by enabling unauthorized third persons to access the Licensed Materials from places and at times of their own choosing (e.g. internet publishing), without previously obtaining written consent from Encripto.

You are not authorized to transfer your rights to associated or non associated legal or natural third persons, including your affiliate companies, or to grant any such third persons any right to use the Licensed Materials without written consent previously granted by Encripto.

Purchased Personal License Credits are valid for one (1) year from activation date. The validity of any existing, not expired, credit balance will be renewed every time new credits are activated. Purchased credits are non-refundable.

The cost (amount of credits) associated with the Licensed Materials will be deducted from your active credit balance for each single download. Subsequent downloads of previously downloaded Licensed Materials will be deducted as well.

Encripto only provides technical support to users with an active credit balance.  The support is limited to the Blue Team Training Toolkit and the content purchased via content subscription.

(b) Enterprise License. Upon payment, Encripto grants you a non-exclusive, permanent, limited right to use the downloaded Licensed Materials worldwide, exclusively in a manner expressly specified here. All rights which are not expressly granted here are reserved.
You are authorized to use the Licensed Materials for professional and commercial purpose in any way that is in accordance with the granted rights.

Licensed Materials purchased with enterprise credits can be used for the needs within your company. Consulting companies are authorized to use the Licensed Materials as part of security engagements with third-parties. Teaching or training institutions are authorized to use the Licensed Materials as part of provided education.

It is expressly prohibited to use the Licensed Materials commercially for any other purpose than those stated above. It is particularly prohibited to lease or distribute the original or copies of the Licensed Materials by selling or otherwise, or offering them with the intention of selling, as well as to publish, and make available to the public, through wired or wireless systems, by enabling unauthorized third persons to access the Licensed Materials from places and at times of their own choosing (e.g. internet publishing), without previously obtaining written consent from Encripto.

You are not authorized to transfer your rights to associated or non associated legal or natural third persons, including your affiliate companies, or to grant any such third persons any right to use the Licensed Materials without written consent previously granted by Encripto.

Purchased Enterprise License Credits are valid for one (1) year from activation date. The validity of any existing, not expired, credit balance will be renewed every time new credits are activated. Purchased credits are non-refundable.

The cost (amount of credits) associated with the Licensed Materials will be deducted from your active credit balance for the first download. Subsequent downloads of previously downloaded Licensed Materials will be free of charge.

Encripto only provides technical support to users with an active credit balance. The support is limited to the Blue Team Training Toolkit and the content purchased via content subscription.

2. Term.

This Agreement commences on the date on which You execute this Agreement or download or use the Licensed Materials (whichever occurs first) (the “Effective Date”) and continues until it is terminated according to the terms of this Agreement (the “Term”). The initial subscription commences on the Effective Date and continues until You no longer use the Licensed Materials.

3. Intellectual Property.

This Agreement does not transfer to You any title to or any ownership right or interest in the Licensed Materials. You acknowledge that Encripto owns and retains all right, title and interest in and to the Licensed Materials. All enhancements, modifications and derivative works that Encripto or any Encripto-authorized third party makes to the Licensed Materials or accompanying documentation, and all intellectual property rights therein, will be the property of Encripto. Your rights with respect to the Licensed Materials are limited to the right to use the Licensed Materials pursuant to the terms and conditions in this Agreement. Any rights in or to the Licensed Materials (including rights of use) not expressly granted in this Agreement are reserved by Encripto.

4. Restrictions on Third Party Use and Access.

You may permit a third party (a “Third Party”) to (a) use the Licensed Materials to perform security services for Your business or (b) administer the Licensed Materials, each provided that: (i) any such Third Party use or administration is for Your sole benefit and on Your behalf; (ii) You acknowledge that You shall be legally responsible for the Third Party’s use of the Licensed Materials including any obligations arising from such use and any breach by the Third Party of the terms and conditions of the Agreement; (iii) usage by You and the Third Party, when taken together, does not at any time exceed the usage restrictions imposed under this Agreement. Upon sixty (60) days’ notice, Encripto may withdraw its consent to the use of any Third Party in its reasonable discretion. You agree not to deliver or otherwise make available the Licensed Materials, in whole or in part, to any party other than Encripto, except for purposes specifically related to Your use of the Licensed Materials, without Encripto’s prior written consent. You agree to use Your commercially reasonable efforts and to take all reasonable steps to ensure that no unauthorized parties have or use the Licensed Materials and that no unauthorized copy, publication, disclosure or distribution of the Licensed Materials, in whole or in part, in any form is made by You or any third party. You agree to notify Encripto promptly of any unauthorized access to, or use, copying, publication, disclosure or distribution of the Licensed Materials.

5.Warranty and Disclaimer.

(a) Licensed Materials. Encripto warrants that, for a period of thirty (30) days from the Effective Date (the “Warranty Period”), the unmodified Licensed Materials will, under normal use, substantially perform the functions described in their technical documentation. If there is a breach of this warranty, then Encripto’s sole obligation, and Your exclusive remedy, will be for Encripto, at its option, to correct the performance of the Licensed Materials at no charge so that it substantially performs the functions described in its technical documentation or to replace the Licensed Materials. You acknowledge that the remedies described in the preceding sentence are sufficient and can not fail of their essential purpose.

(b) Disclaimer. EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 4 (a), ENCRIPTO DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, PERFORMANCE OR USAGE OF TRADE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. ENCRIPTO MAKES NO WARRANTY THAT THE LICENCED MATERIALS WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER.

6. Limitation of Liability.

IF YOU SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM ENCRIPTO (INCLUDING FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) ENCRIPTO WILL BE LIABLE ONLY FOR THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (IN THE AGGREGATE FOR ALL CLAIMS) THE FEES, IF ANY, YOU PAID TO ENCRIPTO UNDER THIS AGREEMENT WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EARLIEST DATE ON WHICH THE ACT OR OMMISSION GIVING RISE TO YOUR CLAIM OCCURRED OR SHOULD HAVE OCCURRED, AS APPLICABLE.

7. Exclusion of Damages.

UNDER NO CIRCUMSTANCES WILL ENCRIPTO BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS; LOST PROFITS; OR ANY DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PERFORMANCE OF THE LICENSED MATERIALS OR OF ANY OTHER OBLIGATIONS RELATING TO THIS AGREEMENT, WHETHER OR NOT ENCRIPTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE LICENSED MATERIALS, AND FOR ANY RELIANCE THEREON.

8. Additional Provisions Regarding Liability.

The limitations of liability set forth in Sections 9 and 10 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this Agreement. The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct or damages for strict liability that may not be limited by law.

9. Indemnification.

Each of the parties acknowledges and agrees that by entering into and performing its obligations under this Agreement, Encripto will not assume and should not be exposed to the business and operational risks associated with Your business and your use of the Licensed Materials. Accordingly, You agree that You will, at Your expense, indemnify, defend and hold Encripto harmless in all claims and actions that seek compensation of any kind for injury or death to persons and/or for damage to property, and that arise out of or relate to Your security solutions or Your use of the Licensed Materials or the solutions You provide to a third party through Your use of the Licensed Materials. You also agree to pay all settlements, costs, damages, legal fees and expenses finally awarded in all such claims and actions.

10. Verification.

For the term of this Agreement and one (1) year thereafter, You agree that Encripto or its designee shall have the right, at its own expense and under reasonable conditions of time and place, to audit and copy all records of Your use of the Licensed Materials. If an audit reveals unlicensed use of the Licensed Materials, a breach of this Agreement or underpayment of any Fees by You or Your employees or agents, You must, in addition to such other rights and remedies as may be available to Encripto as the result of such breach, promptly order and pay for sufficient licenses (at Encripto’s then-current price for such licenses) to permit all usage disclosed and pay the full cost of such audit and copying. Encripto will use information obtained from such audit only to verify and enforce Your compliance with the terms of this Agreement, to comply with any governmental reporting requirements and for such other purposes as required by law. The foregoing audit right will not apply to the extent not allowable under applicable law.

11. Your Payment Obligations.

You agree to pay any and all amounts due or incurred by You as specified in the invoice for the applicable subscription to the Licensed Materials (the “Fees”). Payment is due upon delivery of an invoice unless other terms have been agreed upon by Encripto. You agree to pay directly or
reimburse Encripto for any taxes (including, sales or excise taxes, value added taxes, landing fees, import duties and the like), however designated and whether foreign or domestic, arising out of this Agreement, imposed on the Licensed Materials or the use thereof, or Encripto’s performance under this Agreement. You agree to pay invoices under this Agreement without deducting any present or future taxes, withholdings or other charges except those deductions it is legally required to make. If You are legally required to make any deductions, You agree to pay such amounts as are necessary to make the net amounts remaining after such deductions equal to the stated amount due under this Agreement.
The payments or reimbursements will be in such amounts as are sufficient to relieve Encripto from owing any further taxes, either directly or on the basis of the payments made under this Agreement. Notwithstanding the foregoing, Encripto will be solely responsible for its income tax obligations and all employer reporting and payment obligations with respect to its personnel. You agree to pay any interest and penalties imposed by any taxing authorities to the extent such interest and penalties are applicable to taxes not paid at Your request or as a result of reliance by Encripto on Your representations.

12. Legal Compliance; Restricted Rights.

The Licensed Materials are provided solely for lawful purposes and use. You are solely responsible for, and agree to perform Your obligations in a manner that complies with all applicable national, federal, state and local laws, statutes, ordinances, regulations, codes and other types of government authority (including those governing export control, unfair competition, anti-discrimination, false advertising, privacy and data protection, and publicity and those identifying and requiring permits, licenses, approvals, and other consents) (“Laws”). If a charge is made that You are not complying with any such Laws, You will promptly notify Encripto of such charges in writing. Without limiting the foregoing, You agree to comply with all Norwegian export Laws and applicable export Laws of Your locality (if You are not in Norway), to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported directly or indirectly in violation of Law or without first obtaining all required authorizations or licenses. You will, at Your sole cost and expense, obtain and maintain in effect all permits, licenses, approvals and other consents related to Your obligations under this Agreement. You agree, at Your expense, to comply with all foreign exchange and other Laws applicable to You. Unless You are prohibited by law from doing so, You will defend, indemnify, and hold Encripto harmless from any breach of this Section 12.

13. Termination.

(a) You may terminate this Agreement at any time by destroying or returning to Encripto the Licensed Materials, together with all copies, modifications and merged portions of the Licensed Materials in any form.

(b) This Agreement and Your license to use the Licensed Materials shall terminate automatically if You fail to comply with any term or condition of this Agreement.

(c) Immediately upon termination of this Agreement, You shall destroy or return to Encripto the Licensed Materials, together with all copies, modifications and merged portions of the Licensed Materials in any form, and shall certify to Encripto in writing that through Your commercially reasonable efforts and to Your knowledge all such materials have been destroyed or returned to Encripto and removed from host computers on which the Licensed Materials resided. However, You may download the then-current version of the Licensed Materials and enter into a new license under the then-current terms. The removal and deletion provisions of this Section do not apply to copies of the Licensed Materials that are made pursuant to Your reasonable back-up and archival policies (under which back-up tapes that will be overwritten in due course may contain copies of the Licensed Materials), provided that (i) such copies are only retained by You in the course of Your back-up procedures, (ii) such copies will be deleted within a reasonable period of time in the normal course of overwriting under the back-up process, and (iii) such copies never be used to exceed the license restrictions under this Agreement.

(d) Any provision of this Agreement that imposes or contemplates continuing obligations on a party, including Sections 3, 4, 5, 7, 8, 10, 13, 14, 18 and 19 will survive the expiration or termination of this Agreement.

14. Governing Law and Dispute Resolution.

(a) Governing law. The rights and obligations of the parties under this Agreement shall in their entirety be governed by Norwegian law.

(b) Negotiations. Should a dispute arise between the parties as to the interpretation or the legal effects of the Agreement, the parties shall first seek to resolve such dispute through negotiations.

(c) Mediation. If a dispute related to this Agreement is not resolved after negotiations, the parties may attempt to resolve the dispute through mediation. The parties may elect to adopt the rules of the Norwegian Bar Association for mediation by advocate, modified, if applicable, to suit the preferences of the parties. The parties should agree on a mediator and who shall hold such qualifications as the parties believe to be the most appropriate in relation to the nature of the dispute. The detailed procedure for the mediation shall be determined by the mediator, in consultation with the parties.

(d) Litigation or arbitration. If a dispute is not resolved through negotiations or mediation, each party may require the dispute to be resolved with final effect before the Norwegian courts of law. The venue shall be the court of domicile of Encripto. The parties may alternatively agree that the dispute shall be resolved with final effect through arbitration.

15. Notices.

Any notices or other communication required or permitted to be made or given by either party pursuant to this Agreement will be in writing, in English or Norwegian, and will be deemed to have been duly given when delivered by email. Encripto may provide notices to You via an email address You have provided to Encripto. All notices to Encripto shall be sent to the attention of Encripto.

16. Language.

The language of this Agreement is English and all invoices and other documents given under this Agreement must be in English or Norwegian to be effective.

17. Third Parties.

This Agreement is not intended nor will it be interpreted to confer any benefit, right or privilege in any person or entity not a party to this Agreement. Any party who is not a party to this Agreement has no right under any Law to enforce any term of this Agreement.

18. Trademarks.

Encripto and Blue Team Training Toolkit are registered trademarks of Encripto . Encripto does not grant to You, either expressly or by implication, any license or permission under this Agreement to use any of the Encripto marks (including trademarks, service marks, trade names, trade dress, symbols, logos, designs, domain names, slogans and other source identifiers).

19. General.

This Agreement constitutes the entire agreement between the parties, and supersedes all other prior or contemporaneous communications between the parties (whether written or oral) relating to the subject matter of this Agreement, provided, however, that this Agreement will not supersede (and will be subject to) any written agreements signed by both Encripto and You that contain license terms for the Licensed Materials and that specifically provide that such agreements are intended to supersede license agreements that may be included in subsequent orders of the Licensed Materials. Encripto will provide a reasonable replacement for damaged or lost Licensed Materials for You at no charge. No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. Unless Encripto agrees otherwise, You agree that Encripto may use Your name in a customer list. Neither party shall be liable for any loss or delay (including failure to meet the service level commitment) resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, Internet service provider failures or delays, civil unrest, war or military hostilities, criminal acts of third parties, and any payment date or delivery date shall be extended to the extent of any delay resulting from any force majeure event. No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. If a party waives any right, power or remedy, the waiver will not waive any successive or other right, power or remedy the party may have under this Agreement. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. “Including” and its derivatives (such as “include” and “includes”) mean including without limitation; this term is as defined, whether or not capitalized in this Agreement.

Processing of Personal Information

When entering into an Agreement with Encripto, information about You and your registered account will be stored. We regard the Agreement as a voluntary, active and informed consent in accordance with §8 of the Norwegian Personal Data Act. Encripto may send You information and news related to Encripto and the Blue Team Training Toolkit (BT3). We also want to inform You that in accordance with §18, You are entitled to access the information that has been stored, and that your consent may be withdrawn at any time.

Request for access should be sent in a signed letter to: Encripto AS, PO Box 6595, 6024 Aalesund, Norway.
Request for reservation against inquiries or corrections of stored information can also be sent by e-mail.
Encripto will not sell, lend or share personal information with other companies or organizations.