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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. Cooperation with authorities
    In accordance with Article 30(2)(g) of DORA:
    Scooter Software will cooperate with customer’s supervisory authorities.
  9. Termination rights
    In accordance with Article 30(2)(h) of DORA:
    Customer has termination rights as defined in the standard license agreement.
  10. Training
    In accordance with Article 30(2)(i) of DORA:
    Scooter Software employees maintain awareness of security and data privacy best practices.
  11. Jurisdiction
    The validity and interpretation of this Addendum shall be governed by the same law and jurisdiction as the standard license agreement.