Preamble

This Non-Disclosure Agreement (NDA) is made and entered into on DATE by and between challenge author and Hacking-Lab.

Parties

The parties to this agreement are the challenge author and Hacking-Lab. Hacking-Lab is a Swiss based legal entity running Hacking-Lab Cyber Range as a virtual cyber security training platform (SaaS). See https://www.hacking-lab.com/ for more information.

Problem Domain

The challenge author will create (develop, invent) one or multiple cyber security challenges for Hacking-Lab. The challenges will be used in free or commercial Hacking-Lab events (e.g. CTF, Hackathon, Training). It is extremely important to Hacking-Lab, that challenges are not copied from the Internet or any other resource that may violate digital rights and copyrights and that the challenge and its solutions are not publicly known. It happened in the past that challenge authors did copy challenges from a public git repository or any other CTF platform and sold it to Hacking-Lab as their own work. With this agreement the challenge author confirms understanding and accepting the challenge creation rules.

Scope of a Challenge

A cyber security challenge contains one, multiple or all items of the following list

• Source code of the challenge

• Compiled version of a challenge

• Step-by-Step instruction to solve the challenge

• Solver program to automatically solve the challenge

• Image and illustrations to explain the challenge to the user or trainee

• Description of the task that is introducing the challenge to the trainee

Challenge Creation Rules

The challenge author is following the rules below:

• Challenges created for Hacking-Lab have not been copied from somewhere else

• Challenges created for Hacking-Lab do not contain software that is subject of license agreement or copyright restrictions

• The source code of challenges cannot be found publicly on the Internet

• The source code of challenges has always been stored privately (e.g. private git repo)

• The source code of challenges have not been shared with others than Hacking-Lab

• The source code of the challenges have been created by the challenge author

Duration.

This agreement remains in effect for an unlimited period. It will not end. The challenge author will not disclose details of the challenge to the public, including write-ups and step-by-step instructions.

Obligations.

The challenge author agrees to the following:

• Follow the Challenge Creation Rules listed above

• Keep the challenges confidential and do not disclose it to any third party without the prior written consent of Hacking-Lab

• Take all necessary precautions to protect the confidential information from unauthorized disclosure or use.

Remedies

If the developer breaches the terms of this agreement, Hacking-Lab shall be entitled to all legal remedies available, including but not limited to injunctive relief and damages.

Intellectual Property

The developer represents and warrants that the challenge has not been copied and does not violate any intellectual property rights. The developer further illustrates and warrants that they are the real author of the challenge.

All intellectual property rights in the challenge created by the challenge author shall be and remain the exclusive property of Hacking-Lab after their creation. To this end, the challenge author assigns and transfers to Hacking-Lab all intellectual property rights in the challenge created worldwide, with full title guarantee and free of all liens, claims and encumbrances (including, if applicable, by way of present assignment of future rights), including (but not limited to) the rights to use, publish, reproduce, distribute, display and perform, translate, modify and enhance the challenge in any manner without restriction, and Hacking-Lab accepts.

The digital rights and intellectual property move to Hacking-Lab with the payment to the challenge author of the work.

The challenge author is allowed to use the challenge in a private training as long as the challenge does not become public available, including all items listed in Scope of a Challenge.

Indemnification

The challenge author agrees to indemnify and hold Hacking-Lab harmless from any and all claims arising from the challenge author’s breach of this agreement or their failure to comply with its terms.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of St. Gallen, Switzerland.

Other Provisions

Any additional provisions necessary to protect the interests of Hacking-Lab and ensure the successful development and implementation of the challenge will be set forth in a separate agreement between the parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Hacking Lab AG,