PENETRATION TESTING RELEASE OF LIABILITY
This Release of Liability (“Release”) is made on the _____ day of _______________, 20_____ between:
Releasor: _________________________________, at ________________________________________ [Address] (“Releasor”)
Releasee: _________________________________, at ________________________________________ [Address] (“Releasee”)
Releasor and anyone claiming on Releasor’s behalf releases and forever discharges Releasee and its affiliates, successors, officers, employees, representatives, partners, agents, and anyone claiming through them (collectively, the “Released Parties”), in their individual or corporate capacities from all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, injury, causes of action of any nature and kind, known or unknown, which Releasor has or ever had or may in the future have against Releasee or any of the Released Parties arising out of or relating to the Releasee’s Penetration Test, hereinafter “Claims”.
- The Releasor HAS NOT RECEIVED ANY PAYMENT in exchange for the Release of Claims. The Releasor releases the Releasee having received A FAIR NOTICE and an ADEQUATE OPPORTUNITY TO REVIEW this Release.
- This Release shall not be in any way construed as an admission by the Releasee that it has acted wrongfully concerning the Releasor or any other person, that it admits liability or responsibility at any time for any purpose, or that Releasor has any rights whatsoever against the Releasee.
- The Releasor acknowledges and agrees that there is an element of risk associated with the penetration tests which risks include but are not limited to unavailability of some services on the Releasor’s system. Further, the Releasor understands that there is no guarantee that every vulnerability in its systems will be identified during the test. The risk notwithstanding, the Releasor hereby freely and voluntarily grants its consent for the conduct of the Penetration Tests herein.
- This Release shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors, and assigns. Releasor has the authority to release the Claims and has not assigned or transferred any Claims to any other party. The provisions of this Release are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any and all prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended, or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of Switzerland.
- Both parties represent they fully understand their right to review all aspects of this Release with attorneys of their choice, that they have had the opportunity to consult with attorneys of their choice, that they have carefully read and fully understand all the provisions of this Release and that they are FREELY, KNOWINGLY AND VOLUNTARILY entering into this Release.
Signature of the duly authorized Releasor’s representative __________________Date_____________
Printed Name of Releasor
Signature of the duly authorized Releasee’s representative_________________ Date______________
Printed Name of the duly authorized Releasee’s representative
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