Terms of Use for Non-Member CIS Products

The Following Terms of Use apply to the use of Non-Member CIS Products (as defined herein below) . As a user of Non-Member CIS Products (“You”), You hereby agree to be bound by these Terms of Use. These Terms of Use shall not apply to CIS SecureSuite Members’ use of CIS SecureSuite Products offered through their membership; Members’ use of such Products is subject tothe terms of their agreement with CIS.

Definitions

CIS Benchmarks means consensus based secure configuration guidelines applicable to a variety of operating systems, middleware and software applications and network devices.

CIS Controls means the CIS Critical Security Controls.

Members means those organizations (including all employees thereof) who purchase or obtain a CIS SecureSuite Membership.

Non-Member CIS Products means:

PDF versions of the CIS Benchmarks in accordance with the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License found here.

The Non-Member portions of the CIS Workbench community site, subject to the site’s Terms of Use found here.

The CIS Controls and associated guidance documents in accordance with the Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International Public License (the link can be found here).

Other Non-Member CIS Products made available to non-members by CIS from time to time.

Non-Member CIS Products Provided As Is

CIS is providing Non-Member CIS Products “as is” and “as available” without: (1) any representations, warranties, or covenants of any kind whatsoever, including, without limitation, the absence of any warranty regarding: (a) the effect or lack of effect of any SecureSuite Product on the operation or the security of any network, system, software, hardware, or any component of any of them, and (b) the accuracy, utility, reliability, timeliness, or completeness of any SecureSuite Product); or (2) the responsibility to make or notify You of any corrections, updates, upgrades, or fixes.

Intellectual Property and Rights Reserved.

You are not acquiring any title or ownership rights in or to any Non-Member CIS Product, and full title and all ownership rights to the Non-Member CIS Products remain the exclusive property of CIS. All rights to the Non-Member CIS Products not expressly granted in these Terms of Use are hereby reserved. In using the Non-Member CIS Products, you agree to be bound by the terms of the CIS Logos, Trademark and Intellectual Property Use Policy, as amended from time to time, found here.

Additional Use Restrictions for Non-Member CIS Products

You acknowledge and agree that except as otherwise expressly permitted in these Terms of Use, You may not: (A) decompile, disassemble, alter, reverse engineer, or otherwise attempt to derive the source code for any Non-Member CIS Product (except to the extent that such product is already in the form of source code); (B) sell, rent, lease, sublicense or otherwise transfer or exploit any rights to any Non-Member CIS Product in any way or for any purpose; (C) post any Non-Member CIS Product on any website, bulletin board, ftp server, newsgroup, or other similar mechanism or device; (D) remove from or alter the terms of use or any proprietary notice placed on any Non-Member CIS Product; (E) create any derivative work based directly on an Non-Member CIS Product or any component thereof; (G) represent or claim a particular level of compliance or consistency with any Non-Member CIS Product; or (H) facilitate or otherwise aid other individuals or entities in violating the Terms of Use.

Your Responsibility to Evaluate Risks

You acknowledge and agree that: (1) no network, system, device, hardware, software, or component can be made fully secure; (2) You have the sole responsibility to evaluate the risks and benefits of the Non-Member Products to your particular circumstances and requirements; and (3) CIS is not assuming any of the liabilities associated with your use of any or all of the Non-Member CIS Products.

CIS Liability

You acknowledge and agree that neither CIS nor any of its employees, officers, directors, agents or other service providers has or will have any liability to you whatsoever (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages that arise out of or are connected in any way with your use of any Non-Member Product.

Indemnification

You agree to indemnify, defend, and hold CIS and all of CIS’s employees, officers, directors, agents and other service providers harmless from and against any liabilities, costs, and expenses incurred by any of them in connection with your violation of these Terms of Use for Non-Member CIS Products.

Jurisdiction

You acknowledge and agree that: (1) these Non-Member CIS Product Terms of Use will be governed by and construed in accordance with the laws of the State of New York; (2) any action at law or in equity arising out of or relating to these Non-Member CIS Product Terms of Use shall be filed only in the courts located in the State of New York; and (3) You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

U.S. Export Control and Sanctions Laws

Regarding your use of the Non-Member CIS Products with any non-U.S. entity or country, You acknowledge that it is your responsibility to understand and abide by all U.S. sanctions and export control laws as set from time to time by the U.S. Bureau of Industry and Security (BIS) and the U.S. Office of Foreign Assets Control (OFAC).