Common use of Vulnerability Testing Clause in Contracts

Vulnerability Testing. Customer may not perform any kind of vulnerability testing, penetration testing, or network scans, whether by passive or intrusive techniques, to test the vulnerability of any Revvity system or Revvity’s network without Revvity’s express written consent. Reporting Violations of the Acceptable Use Policy. Revvity accepts reports of alleged violations of this AUP via email. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, the IP address or website allegedly in violation, and a description of the alleged violation. Unless otherwise required by law, such as the DMCA, Revvity owes no duty to third parties reporting alleged violations. Revvity will review all verified third-party reports and will take such actions as it deems appropriate in its reasonable discretion. Revvity will comply with and respond to valid (as Revvity determines in its reasonable discretion) subpoenas, warrants, or court orders. If permitted by applicable law or regulation, Revvity may forward such subpoenas, warrants, or orders to Customer and Customer may respond; however, Revvity reserves the right to respond to any such subpoena, warrant or order if it is the named party in such subpoena, warrant, or order. Violations and Revvity’s Rights. Revvity reserves the right, but does not assume the obligation, to investigate any violation of this AUP. Revvity will act as the sole arbiter as to what constitutes a violation of this AUP. At any time after a violation has occurred, and during the time that any violation is being investigated, Revvity reserves the right to suspend, restrict, or terminate any Services at any time, including without limitation the “blackholing” or “suspension” of suspected IP addresses or hosts, without liability to Customer, in accordance with the terms of the Agreement.