EU DORA Addendum
EU Digital Operational Resilience Act (DORA) addendum to Beyond Compare license agreement
This addendum applies to customers that are financial entities subject to the European Union Regulation 2022/2554 Digital Operational Resilience Act (DORA) using Beyond Compare under the standard license agreement. Scooter Software and customer acknowledge that: Beyond Compare does not provide a critical or important function for the customer as defined in article 3(22) of DORA and Scooter Software is not a critical or important ICT service provider as defined in article 3(23) of DORA.
DORA Provisions
- Contract documentation
In accordance with Article 30(1) of DORA:
The customer can download or print the standard license agreement and DORA addendum at any time. - Services and subcontracting
In accordance with Article 30(2)(a) of DORA:
Scooter Software provides Beyond Compare, retail off-the-shelf client software for file and folder comparison and synchronization. Subcontracting does not apply because the software runs entirely on the customer computer where it is installed, it is not a cloud, hosted, or software as a service product. - Locations
In accordance with Article 30(2)(b) of DORA:
Beyond Compare is client software that runs entirely on the customer’s computer. Service and data location are controlled by the customer. - Protection of data
In accordance with Article 30(2)(c) of DORA:
Beyond Compare is client software that runs entirely on the customer’s computer. Availability, authenticity, integrity and confidentiality are controlled by the customer. - Access and recovery of data
In accordance with Article 30(2)(d) of DORA:
Beyond Compare is client software that runs entirely on the customer’s computer. Access to data is controlled by the customer. - Service level
In accordance with Article 30(2)(e) of DORA:
Beyond Compare is client software that runs entirely on the customer’s computer. Service level is controlled by the customer. - ICT support
In accordance with Article 30(2)(f) of DORA:
Technical support for ICT incidents is included in the purchase price of a Beyond Compare license. Scooter Software will notify customers of ICT incidents via its website and forum. - Cooperation with authorities
In accordance with Article 30(2)(g) of DORA:
Scooter Software will cooperate with customer’s supervisory authorities. - Termination rights
In accordance with Article 30(2)(h) of DORA:
Customer has termination rights as defined in the standard license agreement. - Training
In accordance with Article 30(2)(i) of DORA:
Scooter Software employees maintain awareness of security and data privacy best practices. - Jurisdiction
The validity and interpretation of this Addendum shall be governed by the same law and jurisdiction as the standard license agreement.