Your use of MITRE Shield™ hosted on GitHub® and accessed via this website (Site) is subject to certain terms and conditions.
Acceptance of Terms: By accessing and using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced herein. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. MITRE may make modifications to the foregoing at any time and such modification will be effective upon posting to the Site. Your continued use of the Site after any modifications to these Terms of Use shall indicate your agreement with such modified terms.
License: MITRE hereby grants you a non-exclusive, royalty-free license to use MITRE Shield™ knowledge database for research, development, and commercial purposes in accordance with these Terms of Use. MITRE’s copyright designation must remain in any distribution under this license.
“© 2020 The MITRE Corporation. This work is reproduced and distributed with the permission of The MITRE Corporation.”
Site Content: All content on this Site including, but not limited to software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”), is the exclusive property of and owned by MITRE and/or other authorized third party providers “Third Party Providers”). The Content is protected by copyright under both United States and foreign laws and may not be modified or altered in any way. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and you may not use the Content except as specifically provided in the these Terms of Use and the incorporated License. You may access, copy, and print the Content on this Site provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content. No other use is permitted without prior written consent from MITRE or the owner of the Content. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Site automatically terminates without notice.
User Content: The Site may now or in the future permit the submission of Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, MITRE does not guarantee any confidentiality with respect to any submissions you make. You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. MITRE reserves the right to decide whether User Content is appropriate and complies with these Terms of Use for copyright infringement and violations of intellectual property law, as well as other violations, such as, but not limited to, obscene or defamatory material, invasive of privacy rights, fraudulent, obscene, illegal, or otherwise objectionable. MITRE may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
Links to External Sites: The Site may contain links to third-party Web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by MITRE of the information on such External Sites. The information on such External Sites is developed and provided by others. You should contact the External Site administrator if you have any concerns regarding such links or any information located on such External Sites. MITRE disclaims any responsibility or liability with regards to the information posted on these External Sites.
Accessibility: The MITRE Corporation strives to make information accessible to everyone. In some cases, visitors using assistive technology may have difficulty reading some content. If you have a disability that causes problems for you in accessing any of our information, please contact inquiries@mitre.org.
Permitted Use: The following Site activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Site, which in MITRE’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, (iii) you may not attempt to gain unauthorized access to any parts of the Site, (iv) you may not use any robot, spider, or other automated means to access the Site, (v) you may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations, and (vi) any use of the Site which is unlawful or in violation of these Terms of Use.
Password Protection: Access to, and use of, any password protected areas of the Site is restricted to authorized users only and you may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify MITRE immediately of any unauthorized use of your password(s) or account(s).
Copyright: If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MITRE to locate the material;
(iv) Information reasonably sufficient to permit MITRE to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MITRE’s designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: General Counsel, The MITRE Corporation, 7515 Colshire Drive, McLean, VA 22102-7539
Note: Only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent. Any other feedback, comments, and other communications should be sent to Shield@MITRE.org.
Indemnification:
You agree to defend, indemnify, and hold MITRE and other Third Party Providers harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content, User Content or the Site. MITRE shall provide notice to you of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding. MITRE reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Disclaimer of Warranty and Limitation of Liability:
MITRE, OUR AUTHORIZED THIRD PARTY PROVIDERS, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR AUTHORIZED THIRD PARTY PROVIDERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT) AT YOUR OWN RISK. NEITHER WE NOR OUR AUTHORIZED THIRD-PARTY PROVIDERS WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT (INCLUDING THE USER CONTENT) ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT (INCLUDING THE USER CONTENT) RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT (INCLUDING THE USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR AUTHORIZED THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR AUTHORIZED THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MITRE NOR ITS AUTHORIZED THIRD PARTY PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MITRE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND MITRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR AND OUR AUTHORIZED THIRD-PARTY PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General:
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MITRE without restriction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Fairfax County in the Commonwealth of Virginia.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by MITRE or our authorized Third Party Providers to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or our authorized Third Party Providers unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. If any provision these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use shall remain valid.
Approved for Public Release; Distribution Unlimited 20-2170