Terms and Conditions

These Terms and Conditions govern your access to and use of the X-DLM™ website, demo request experiences, prototype pages, informational materials, resources, event pages, forms, and related digital content made available by Electro Source Inc.

By accessing or using this website, you agree to these Terms. If you do not agree, do not use the website.

X-DLM™ is presented as a software trust platform delivered by Electro Source Inc.

The website may describe X-DLM™, Provable Trust™, Managed Application Security, Electro Source Black Duck MSSP services, software trust concepts, regulatory readiness concepts, software supply chain visibility, application security concepts, AI software risk, executive visibility, and related services.

Unless a separate written agreement is signed, the website is provided for informational, marketing, evaluation, and demonstration-request purposes only.

Nothing on this website creates a customer relationship, software license, managed services agreement, support obligation, professional services engagement, service-level commitment, reseller commitment, or commercial obligation unless expressly stated in a separate written agreement signed by Electro Source Inc.

Any purchased software, subscription, managed service, assessment, scan, implementation, consulting, support, or related commercial arrangement will be governed by a separate written agreement, order form, statement of work, end-user license agreement, managed services agreement, partner agreement, or other applicable document.

If there is a conflict between these website Terms and a signed written agreement between you and Electro Source Inc., the signed written agreement controls for the purchased services covered by that agreement.

Third-party products and services may also be subject to their own terms.

The website, demonstrations, assessments, readiness materials, briefings, scan request flows, reports, and related content are provided to support business evaluation and decision-making.

They do not guarantee that:

• your software is secure
• all vulnerabilities, defects, weaknesses, licensing issues, or software supply chain risks have been identified
• your organization will satisfy any law, regulation, standard, audit, certification, procurement requirement, customer requirement, or market-access requirement
• your organization will avoid security incidents, audit findings, customer loss, legal exposure, operational disruption, or business loss
• any recommendation will be complete, sufficient, or appropriate for your specific environment
• any third-party product, provider, data source, or tool will be uninterrupted or error-free

You remain responsible for your own engineering decisions, security decisions, legal decisions, regulatory strategy, remediation actions, customer commitments, market-access strategy, and business outcomes.

X-DLM™ materials are not legal advice, regulatory advice, engineering certification advice, financial advice, insurance advice, or a substitute for qualified professional review.

You may use the website only for lawful business evaluation purposes.

You may not use the website, forms, demo request flows, assessment request flows, or related materials to:

• submit, scan, assess, test, or analyze software, code, files, repositories, systems, applications, infrastructure, binaries, containers, firmware, or materials you do not own or are not authorized to submit
• perform unauthorized testing, probing, exploitation, reconnaissance, credential testing, vulnerability validation, or other activity against systems you do not control
• upload malicious code, exploit code, stolen data, confidential third-party materials, regulated data, or materials you are not permitted to share
• interfere with, disrupt, overload, impair, or attempt to gain unauthorized access to the website, systems, networks, accounts, data, or infrastructure of Electro Source Inc., Siemens, Black Duck, customers, or third parties
• reverse engineer, decompile, disassemble, scrape, copy, reproduce, monitor, or extract the website, design system, content, code, layout, structure, or materials except as permitted by law
• use website materials to build, train, market, benchmark, or improve a competing product or service without written permission
• misrepresent your identity, company, authority, affiliation, or right to submit materials
• use the website for unlawful, harmful, deceptive, abusive, infringing, or unauthorized purposes

Electro Source Inc. may restrict, block, suspend, or terminate access if it believes these Terms have been violated or continued access creates risk.

If you submit information, files, technical details, product information, company information, code-related details, or other materials, you represent and warrant that:

• you have all rights, permissions, and authority needed to submit them
• the submission does not violate third-party rights or obligations
• the submission does not contain unauthorized confidential information
• the submission does not violate any agreement, policy, law, export rule, privacy rule, or security obligation
• the information is accurate to the best of your knowledge

Do not submit source code, credentials, secrets, production keys, regulated personal data, highly confidential materials, or restricted technical information through public forms unless Electro Source Inc. has provided an approved secure process.

The website may allow you to request a demonstration, begin a scan inquiry, request a Provable Trust™ Readiness Assessment, register for briefings, or express interest in Managed Application Security.

Submitting a form does not guarantee acceptance, scheduling, delivery, results, support, or response within any specific timeframe.

Electro Source Inc. may decline, qualify, prioritize, redirect, or follow up on requests at its discretion.

Any scan, assessment, managed security activity, or technical evaluation may require additional authorization, written approval, technical intake, commercial terms, third-party terms, and security procedures before work begins.

The website may reference Siemens, Black Duck, and other third-party technologies, platforms, providers, marks, products, services, documentation, or ecosystems.

Those references are for identification, attribution, ecosystem, or descriptive purposes only.

Third-party products and services are governed by their own terms, licenses, warranties, support policies, privacy terms, security commitments, and commercial agreements.

Electro Source Inc. does not control third-party products, services, data, analysis results, availability, updates, or decisions.

Unless expressly stated in a signed written agreement, Electro Source Inc. is not responsible for third-party products, third-party services, third-party errors, third-party outages, third-party data, third-party security events, third-party licensing decisions, third-party analysis outputs, or changes made by third-party providers.

X-DLM™ is delivered by Electro Source Inc.

References to Siemens and Black Duck are used for platform, ecosystem, attribution, and descriptive purposes only.

Partner attribution is pending final approval.

Siemens and Black Duck are trademarks or registered trademarks of their respective owners. No ownership, sponsorship, endorsement, certification, warranty, or guarantee by Siemens or Black Duck is implied unless expressly stated in a written agreement.

The phrase “powered by Siemens and Black Duck” is used as intended partner and ecosystem attribution and remains subject to final partner and legal approval.

The website, X-DLM™ materials, Provable Trust™ materials, page designs, text, graphics, icons, illustrations, software, scripts, layouts, visual systems, motion systems, terminology, trademarks, service marks, trade names, trade dress, content structure, and related materials are owned by Electro Source Inc. or its licensors unless otherwise stated.

You may view the website for internal business evaluation purposes.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, sell, license, sublicense, scrape, extract, or commercially exploit any part of the website or materials without written permission from Electro Source Inc.

All rights not expressly granted are reserved.

X-DLM™ and Provable Trust™ are trademarks of Electro Source Inc.

Electro Source Inc. trademarks, trade names, logos, slogans, service marks, product names, and brand elements may not be used without prior written permission.

Siemens, Black Duck, and all other third-party names, logos, marks, and product names are the property of their respective owners.

Use of third-party names or marks on the website does not imply ownership, sponsorship, endorsement, certification, warranty, or approval unless expressly stated in a written agreement.

If you provide feedback, ideas, comments, requests, corrections, improvements, or recommendations regarding X-DLM™, Provable Trust™, the website, demonstrations, services, features, messaging, materials, or related offerings, you grant Electro Source Inc. a worldwide, perpetual, irrevocable, royalty-free right to use that feedback for any lawful business purpose without restriction or compensation to you.

Do not provide feedback that includes confidential information unless a separate written confidentiality agreement applies.

Public website content is not confidential.

Information exchanged during private demonstrations, assessments, scan scoping, managed service discussions, or commercial discussions may be subject to a separate written nondisclosure agreement or confidentiality terms.

Unless a separate written agreement applies, do not submit confidential, proprietary, regulated, sensitive, or restricted information through public website forms.

Use of the website may involve the collection and processing of business contact information, such as name, work email, company, role, and submitted form information.

Any such processing is governed by the applicable X-DLM™ or Electro Source Inc. privacy notice.

Do not submit sensitive personal information through website forms.

The website is provided on an “as available” basis.

Electro Source Inc. may update, modify, suspend, replace, remove, or discontinue any part of the website, materials, prototype experience, demo flow, request form, content, design, or functionality at any time without notice.

Electro Source Inc. does not guarantee uninterrupted availability, error-free operation, uninterrupted access, data retention, or continued availability of any website feature or material.

To the maximum extent permitted by law, the website, content, demonstration materials, prototype experiences, assessments, readiness materials, scan request flows, forms, resources, and related materials are provided “as is” and “as available.”

Electro Source Inc. disclaims all warranties, representations, conditions, and guarantees, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, reliability, and error-free operation.

Electro Source Inc. does not warrant that the website or materials will detect all issues, identify all risks, produce complete results, be free from errors, be uninterrupted, be secure, or be suitable for your specific purpose.

To the maximum extent permitted by law, Electro Source Inc. and its directors, officers, employees, contractors, affiliates, licensors, suppliers, partners, and representatives will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, loss of use, security incident costs, business interruption, procurement loss, market-access loss, regulatory cost, customer loss, or remediation cost, arising out of or related to your use of, inability to use, reliance on, or interaction with the website, materials, demonstrations, assessments, forms, or related content.

To the maximum extent permitted by law, Electro Source Inc.'s total aggregate liability for all claims arising out of or related to the website or these Terms will not exceed CAD 100 or the amount you paid directly to Electro Source Inc. specifically for website access in the twelve months before the claim, whichever is greater.

These limits apply regardless of legal theory, including contract, tort, negligence, strict liability, statute, equity, or otherwise, even if Electro Source Inc. has been advised of the possibility of such damages.

Nothing in these Terms limits liability where such limitation is prohibited by law.

You agree to defend, indemnify, and hold harmless Electro Source Inc. and its directors, officers, employees, contractors, affiliates, licensors, suppliers, partners, and representatives from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your use or misuse of the website, materials, forms, demonstrations, assessments, scan requests, or related services
• your violation of these Terms
• your submission of materials you did not have authority to submit
• your unauthorized use of third-party code, files, systems, information, marks, or confidential materials
• your violation of applicable laws or third-party rights
• your misuse of results, reports, demonstrations, recommendations, or related information

Electro Source Inc. may assume control of the defense of any matter subject to indemnification, and you agree to cooperate with that defense.

You may not use the website, materials, demonstrations, assessments, scan requests, or related services in violation of applicable export control, sanctions, anti-corruption, anti-terrorism, or restricted-party rules.

You may not use the website or related materials for prohibited end uses, unlawful surveillance, unauthorized intrusion, weapons development, evasion of security controls, or any use restricted by applicable law.

The website may contain links to third-party websites, resources, documentation, forms, videos, articles, or services.

These links are provided for convenience only.

Electro Source Inc. does not control and is not responsible for third-party websites, content, availability, policies, security, privacy practices, claims, or materials.

Access third-party sites at your own risk.

Electro Source Inc. may suspend, restrict, or terminate your access to the website, demonstration process, assessment request, scan request, or related materials at any time if it believes:

• you violated these Terms
• your use creates risk to Electro Source Inc., its partners, customers, systems, or third parties
• your submission is unauthorized, unlawful, unsafe, or inappropriate
• continued access may create legal, security, operational, reputational, or commercial risk

Sections intended to survive termination will survive, including intellectual property, trademarks, third-party attribution, disclaimers, limitation of liability, indemnification, governing law, and dispute provisions.

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-law principles.

Subject to any mandatory law that applies, the courts located in Ontario, Canada will have exclusive jurisdiction over disputes arising out of or related to these Terms or the website.

Electro Source Inc. may seek injunctive or equitable relief in any appropriate jurisdiction to protect its intellectual property, confidential information, systems, partners, customers, or operations.

Electro Source Inc. may update these Terms at any time.

The updated Terms will be posted on the website with a new effective date.

Your continued use of the website after updated Terms are posted means you accept the updated Terms.

If any part of these Terms is found unenforceable, invalid, or unlawful, that part will be modified or limited to the minimum extent necessary, and the remaining parts will remain in effect.

Electro Source Inc. 230 Galaxy Boulevard, Toronto, Ontario Canada M9W 5R8 Email: blackduck@electrosource.com Telephone: +1 (416) 675-4490 Monday – Friday: 9:00 AM to 5:00 PM