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TCSC Academy Learning Management System (LMS)
Terms and Conditions and Non-Disclosure Agreement

 

General Notice

All courses and events within the TCSC Academy Learning Management System (LMS) aim to educate, introduce, or demonstrate tools and materials for testing purposes amongst many facets of computer security. You will not use such tools or materials to compromise any computer system and to indemnify The Cyber Security Clinic and its subsidiaries, its academic staff, professional staff, and its partners concerning the use or misuse of these tools, regardless of intent. You will not use the newly acquired skills for illegal or malicious attacks.

The Cyber Security Clinic and its subsidiaries provide the skills and tools used within the courses for educational use only. The Cyber Security Clinic and its subsidiaries do not author the tools; submitted by the security community in many cases. The Cyber Security Clinic and its subsidiaries make no guarantee regarding the operation or suitability for any specific purpose of these materials. Whilst every reasonable effort is made to ensure that these programs do what they claim, The Cyber Security Clinic and its subsidiaries will not be held accountable for any damage or distress caused by these materials' proper or improper usage.

The course materials and tools hosted outside the TCSC Academy Learning Management System (LMS) exist only for Research and Educational Purposes. The primary intent of these tools and materials is to provide the user with hard-to-find content for Research or Self Education relevant to computer, network and cybersecurity and various protection methods and their intrinsic flaws by demonstrating exploit methods, skills and techniques used to circumvent them.

The TCSC Academy hopes you are better aware of the danger in society today, learning how to protect yourself with the knowledge you are about to learn. Continuing, you will only use this information for Educational and Research purposes. The Cyber Security Clinic and its subsidiaries provide them for educational purposes only. While possession of information or programs included in this training violates no laws, using or implementing some programs or content may violate laws. For this reason, you must not use any of the programs or content in this training, which may violate any laws or infringe on the copyright protection of others.

 

Terms of Use
Acceptance of Terms

1. Read these Terms of Use ("Terms") carefully before you ("You") accept these Terms by
   1. accessing the TCSC Academy Learning Management System (LMS) portal, and
      
   2. using any Files ("Files") located within the training platforms.
2. If You do not agree to all these Terms, you must disqualify yourself from any training program or terminate your enrolment in any training program.
3. The Terms are entered into by and between the TCSC Academy, The Cyber Security Clinic, and You. The Cyber Security Clinic and its subsidiaries provide the Tools / Information / Electronic Code to You strictly subject to the Terms.
4. The program contains information software for security-related material. If you are under 18, or if such material offends you or is illegal to possess or use such material in your community, you cannot continue.
5. Under penalty of perjury, you swear that:
   1. You are at least 18 years of age.
   2. The files and materials are for personal use, and you will not share any material.
   3. You desire to receive or view security-related material.
   4. The viewing, reading, and downloading of security-related material does not violate your community, town, city, state, or country standards.
   5. You are solely responsible for any false disclosures or legal ramifications of viewing, reading, or using any material from this training program.
   6. You can access, retrieve, view, and use the Information, Software, Program or Code in full compliance with local law.

Permitted Use

You or any other party may not use these tools or materials for any purpose that violates any local, state, federal or foreign law. You understand that breaking into any network or computer system not owned by You may be illegal.

No Express or Implied Warranty

The Cyber Security Clinic and its subsidiaries do not and cannot warrant

• the performance or results obtained by using the software, or
• its appropriateness for your purposes or error-free.

ACCORDINGLY, THE SOFTWARE AND ITS DOCUMENTATION EXIST "AS IS "WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE / TOOL / ELECTRONIC CODE REMAINS WITH YOU.

Limitation of Liability

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THIS SOFTWARE AND OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CYBER SECURITY CLINIC OR ITS SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR:

LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY, RELATED TO THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE DOCUMENTATION, EVEN IF THE CYBER SECURITY CLINIC, ITS SUBSIDIARIES OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CYBER SECURITY CLINIC AND ITS SUBSIDIARIES MAKE NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED, ABOUT THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE MATERIALS HOSTED ON OR OFF THE TCSC ACADEMY LEARNING MANAGEMENT SYSTEM (LMS), INCLUDING WITHOUT LIMITATIONS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CYBER SECURITY CLINIC AND ITS SUBSIDIARIES MAKE NO WARRANTY OF NON-INFRINGEMENT.

THE TCSC ACADEMY LEARNING MANAGEMENT SYSTEM (LMS) MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER THE CYBER SECURITY CLINIC NOR ITS SUBSIDIARIES NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, THE INABILITY TO ACCESS, OR ANY USE OF THE CONTENT OF ANY SITE(S) LINKED TO THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO, OR VIRUSES OR TROJAN HORSES THAT MAY INFECT OR INVADE, YOUR PC EQUIPMENT OR OTHER PROPERTY, EVEN IF THE CYBER SECURITY CLINIC OR ITS SUBSIDIARIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO HOLD THE CYBER SECURITY CLINIC AND ITS SUBSIDIARIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE CYBER SECURITY CLINIC OR ITS SUBSIDIARIES FOR, ANY CLAIMS BASED ON YOUR USE OF, OR YOUR INABILITY TO USE, THE TOOLS. YOU ALSO AGREE THAT YOU WILL PROTECT, INDEMNIFY, SAVE AND HOLD THE CYBER SECURITY CLINIC AND ITS SUBSIDIARIES HARMLESS FROM ANY AND ALL STIPULATIONS, ARREARS, LOSSES, EXPENSES, AND ASSERTIONS, AS WELL AS RATIONAL ATTORNEY'S FEES, DECLARED AGAINST THE CYBER SECURITY CLINIC OR ITS SUBSIDIARIES, ITS REPRESENTATIVES, CUSTOMERS, ACADEMIC OR PROFESSIONAL STAFF AND ADMINISTRATION. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES). THE PRECEDING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify and hold The Cyber Security Clinic and its subsidiaries, affiliates, officers, agents, trainers, ATCs, distributors and employees harmless from any stipulations, arrears, losses, expenses, assertions, any claim or demand, including attorney's fees, made by any third party due to or arising out of Your use of the Tools/Information/ Electronical Code, breach of the Terms, or violation of the rights of another.

Miscellaneous

These Terms constitute the Agreement between You, The Cyber Security Clinic, and its subsidiaries. These Terms govern Your use of the Tools/Information/Electronic Code, superseding any prior agreement between You, The Cyber Security Clinic, and its subsidiaries (including, but not limited to, prior versions of the Terms).

Suppose you use the skills and knowledge learnt from the tools and materials hosted on or off the TCSC Academy Learning Management System (LMS) from locations outside of the course location. In that case, You are responsible for compliance with applicable local laws, including, but not limited to, other countries' export and import regulations.

These Terms and the materials and tools within the TCSC Academy Learning Management System (LMS) could include inaccuracies or typographical errors. The Cyber Security Clinic and its subsidiaries may make improvements or changes to the Terms at any time without notice. The failure of The Cyber Security Clinic or its subsidiaries to enforce or exercise any right or provision of the Terms does not constitute a waiver of such right or provision.

Suppose any provision of this Agreement arises as unenforceable in any respect. In that case, such unenforceability shall not affect any other provision of this Agreement, provided that any denial of the expected economic benefits of this Agreement does not occur to either party.

This Legal Disclaimer constitutes a legal agreement between The Cyber Security Clinic, its subsidiaries, and You and any business in which you have any legal or equitable interest. If any portion of this Agreement is deemed unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of the other portions of the Agreement.

YOU MUST AGREE TO ALL OF THE ABOVE TERMS.
IF YOU DISAGREE, PLEASE LOG OUT OF ALL TCSC ACADEMY, THE CYBER SECURITY CLINIC AND SUBSIDIARY SYSTEMS.