I’ve often been asked to provide some insight from a CISO perspective on how the threat landscape has changed and how, as a CISO, I’ve had to ensure business continuity while ensuring the environment is secure and in compliance to regulations. Having spent much of my career securing global organizations, I know firsthand how truly grueling it can be: a marathon that you run while juggling dozens of balls. For example, before you can even begin to set up your security programs, you have to understand the compliance and regulatory laws in each country where you do business.
Year after year these regulations and laws become more stringent, compounding the difficulty of securing a global company. You have to have a top-notch security team—which I have been lucky enough to have—and establish a close partnership with your company’s legal, regulatory affairs, and compliance teams. These teams should be well versed in the laws in different countries and can help your security team align its security programs with those laws. It then requires a very coordinated effort to ensure that everyone is always on the same page. Most importantly, you need to ensure that you are doing the right things right.
To stay on top of the accelerating threats that regulations and laws are meant to address, companies are going to have to make a lot of progress from where many of them are today. Just a few years ago companies thought that implementing tighter access controls with keys and certificates and encrypting sensitive traffic adequately protected their data. However, hackers have consistently and successfully used trust-based attacks to infiltrate networks and steal confidential data. Such attacks allow hackers to bypass traditional security measures. Security devices, such as data loss prevention (DLP) tools, cannot monitor encrypted traffic, and Gartner found that “less than 20% of organizations with a firewall, an intrusion prevention system (IPS), or unified threat management (UTM) appliance decrypt inbound or outbound SSL traffic.”
Your security team must be able to monitor traffic that appears to be trusted in your environment, to detect threats in that traffic, and to react to those threats. SSL visibility appliances can prop up security by decrypting data before it is sent out and monitoring it for anomalous behavior. However, SSL visibility appliances are only effective if you have an inventory of known trusted keys and certificates in your environment. You need to know whether you can truly trust encrypted traffic—or whether attackers have hijacked encryption for their purposes. Only Venafi solutions help your security team monitor for anomalous key usage or audit your encryption resources against the latest recommendations from the National Institute of Standards and Technology (NIST).
I’m very passionate about the need to detect and stop trust-based attacks. And for five years—even before joining Venafi—I have been passionate about the tool that provides the best protection against these attacks: Venafi Trust Protection Platform. As the CIO and CISO of Venafi, I enjoy the opportunities I have to partner with other CIOs and CISOs across the globe, to give them more insight into trust-based attacks, and to discuss strategies for securing their global companies. The security world is a very tight-knit group that shares information freely, and the ability to help out all organizations, not just one, is a big plus for me. Did I mention I LOVE what I do each and every day?
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This Agreement was last updated on April 12, 2017. It is effective between You and Venafi as of the date of Your accepting this Agreement.
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Definitions
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License Grants and Restrictions
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License Term.
Venafi Cloud Risk Assessment Service. If you have registered to access and use the Venafi Cloud Risk Assessment Service, Your right to use the Venafi Cloud Risk Assessment Service is limited to ninety (90) days from the date You first register for the Service, unless otherwise extended on Your agreement with Venafi.
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If You have registered to access and use the Venafi Cloud for DevOps Service, You must use SSL/TLS certificates issued to you at no charge through the Service for development and testing purposes only, and You are strictly prohibited from using such SSL/TLS certificates in a production environment or in any production capacity. If you are registered with a public Certification Authority (“CA”) supported by the Service and have valid credentials issued by such CA with which you can subscribe to such CA’s SSL/TLS certificates on a fee bearing basis for use in production environments, You may request such certificates through the applicable interface present in the Service by using such credentials. In such instance, the fee bearing certificate(s) will be issued to You by the CA and any access to or use of such certificates by You will be subject to the terms and conditions set out by the CA. No fees will be paid to or processed by Venafi in this case. The use of DigiCert issued certificates shall be subject to the Certificate Services Agreement published by DigiCert at https://www.digicert.com/docs/agreements/Certificate-Services-Agreement.pdf, which terms are hereby incorporated by reference.
You shall not use (or cause to be used) the Service for the benefit of any third party, including without limitation by rental, in the operation of an Applications Service Provider (ASP) service offering or as a service bureau, or any similar means.
You shall not distribute access to the Service, in whole or in any part, to any third party or parties. You shall not permit sublicensing, leasing, or other transfer of the Service.
You shall not (a) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (b) attempt to gain unauthorized access to the Service or its related systems or networks, (c) permit direct or indirect access to or use of the Service in a way that circumvents a contractual usage limit, or (d) access the Service in order to build a competitive product or service.
License Grant by You. You grant to Venafi and its affiliates, as applicable, a worldwide, limited-term license to host, copy, transmit and display Your Data as necessary for Venafi to provide the Service in accordance with this Agreement. Subject to the limited licenses granted herein, Venafi acquires no right, title or interest from You or any of Your suppliers or licensors under this Agreement in or to Your Data.
Ownership
Venafi Materials. Venafi and/or its suppliers have and shall retain ownership of all right, title and interest in and to the Service and the Documentation and all intellectual property rights embodied in the Service and Documentation, including without limitation any patents, copyrights, trademarks and trade secrets in the Service and any modifications and/or derivatives thereof, whether or not made at Licensee’s request, and all know-how, concepts, methods, programming tools, inventions, and computer source code developed by Venafi (collectively, “Venafi Materials”).
Limited Feedback License. You hereby grant to Venafi, at no charge, a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under Your intellectual property rights in and to suggestions, comments and other forms of feedback (“Feedback”) regarding the Service provided by or on behalf of You to Venafi, including Feedback regarding features, usability and use, and bug reports, to reproduce, perform, display, create derivative works of the Feedback and distribute such Feedback and/or derivative works in the Service. Feedback is provided “as is” without warranty of any kind and shall not include any of Your confidential information.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4, THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS-IS,” WITH “ALL FAULTS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, RELIABILITY, OR NONINFRINGEMENT WHETHER ARISING FROM COURSE OF DEALING, USAGE, TRADE PRACTICE OR ANY OTHER MANNER. VENAFI IS NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL SUPPORT FOR THE SERVICE. VENAFI DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. In no event does Venafi warrant that the Service is error free or that You will be able to operate the Service without problems or interruptions. Some jurisdictions do not allow the exclusion of implied warranties and to the extent that is the case the above exclusion may not apply.
Limitation of Liability
IN NO EVENT WILL VENAFI OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF VENAFI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages and to the extent that is the case the above limitation or exclusion may not apply to You.
Term and Termination
This License is effective until terminated as set forth herein or the License Term expires and is not otherwise renewed by the parties. Venafi may terminate this Agreement and/or the License at any time with or without written notice to You if You fail to comply with any term or condition of this Agreement or if Venafi ceases to make the Service available to end users. You may terminate this Agreement at any time on written notice to Venafi. Upon any termination or expiration of this Agreement or the License, You agree to cease all use of the Service if the License is not otherwise renewed or reinstated. Upon termination, Venafi may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of Venafi will continue in force after termination.
Compliance With Laws
Violation of Laws. You shall not knowingly take any action or omit to take any action where the reasonably predictable result would be to cause Venafi to violate any applicable law, rule, regulation or policy and, to the extent not inconsistent therewith, any other applicable law, rule, regulation and policy.
Governing Law
This Agreement shall be governed by, and any arbitration hereunder shall apply, the laws of the State of Utah, excluding (a) its conflicts of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
General
This Agreement is binding on You as well as Your employees, employers, contractors and agents, and on any permitted successors and assignees. Except if otherwise superseded in writing by a separately executed agreement, this Agreement is the entire agreement between You and Venafi with regard to the License granted hereunder, and You agree that Venafi will not have any liability for any statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which You relied in entering into this Agreement, unless such statement or representation was made fraudulently. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Service. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect. Should such modification be impractical or denied, You and Venafi shall thereafter each have the right to terminate this Agreement on immediate notice.
Survival. The parties agree that the rights and obligations set forth in the above-referenced Section 1 (Definitions), 3 (Ownership), 4 (Disclaimer of Warranties), 5 (Limitation of Liability), 6 (Term and Termination), 7 (Compliance with Laws), 8 (Governing Law), and 9 (General) shall survive the termination of this Agreement for any reason and enforcement thereof shall not be subject to any conditions precedent.
Assignment. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns. You shall not assign this Agreement or any of Your rights or obligations hereunder without the prior written consent of Venafi and any such attempted assignment shall be void.
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