EnCase Implementation Statement of Work

Transcription

1 EnCase Implementation Statement of Work This Statement of Work ( SOW ) is an agreement by and between Guidance Software, Inc., a Delaware corporation ( GSI ) and <CUSTOMER> ( Customer ), and each party agrees to be bound by the terms and conditions set forth herein. This SOW shall be effective upon Customer s signature below ( Effective Date ). EnCase Cybersecurity Quick Start Package - 80 hours GSI designed the EnCase Cybersecurity Quick Start Package for customers interested in getting started in the use of the software rapidly. Deployment to production with functional and production acceptance testing and administrator instruction provides a ready to use EnCase Cybersecurity infrastructure. GSI agrees to perform the following tasks for Customer: Conduct a Project Kickoff Meeting. Establish the Project Plan and Schedule. Establish a Communication and Status Reporting Schedule. Establish the Project Business Requirements and Goals. Establish Project Success Criteria. Identify Project Resources. Identify Impacted Business Systems and Processes. Identify Barriers to Success. Refine the Project Plan and Schedule. Recommend and Approve Hardware. Develop Architecture, Networking, and Security Model solutions. Develop Production Acceptance Testing Criteria and Procedures. Develop a Fault Tolerance Plan. Validate Hardware and Establish Connectivity. Deploy EnCase Cybersecurity Infrastructure into Production Environment. o Microsoft SQL Server. o EnCase Enterprise SAFE, Enterprise Examiner, Servlet as needed. o EnCase Cybersecurity ECC Desktop, ECC Indexing Service, ECC Web Server as needed. Perform Functional Testing of Production Environment Infrastructure. Perform Production Acceptance Testing of Production Environment Infrastructure. Enable Fault Tolerance. Provide Administrator Instruction. Customer agrees to pay for travel and expenses incurred by GSI personnel in the course of conducting the implementation. All travel per diem rates and expenses shall be based upon the US Federal Government Joint Travel Regulations (JTR)

2 Further, if Customer wishes to engage GSI for live case work, Customer may purchase additional hours under a separate statement of work and pursuant to a professional services agreement by and between the parties. SECURITY REQUIREMENTS CLAUSE* 1. Performance of services requires access to US Government classified information. As such, GSI personnel assigned to provide services under this agreement shall possess a US Government security clearance level of at least [ ]. 2. As required under the National Industrial Security Program Operations Manual (NISPOM), DoD m, 7-101(a)(1), Client shall provide to GSI a DD Form 254, Department of Defense Contract Security Classification Specification, or its equivalent for non-dod agencies. 3. To be clear, GSI shall not engage in any services until Client has issued to GSI the proper written authorizations required under the National Industrial Security Program. *This clause shall only apply when access to Government Classified information by GSI is required. GENERAL ASSUMPTIONS 1. The purpose of delineating these assumptions is to clearly define the Customers expectations and information provided to GSI to make a proper time and cost estimate. Any deviation from these assumptions may cause changes to the Project schedule, fees and expenses, deliverables, level of effort required, or otherwise impact GSI s performance of the scoped services in this Statement of Work. 2. If services are part of a matter currently under, or potentially will be under, litigation, Customer will provide the names of all involved parties for a conflict check prior to commencement of services. 3. A work day is eight hours between 8AM-5PM. Monday through Friday, excluding GSI recognized holidays. Any work day that is outside these parameters or any hours in excess of eight hours in one work day are subject to a 25% surcharge on the hourly rate. 4. If necessary, GSI will be provided with a list of authorized users and any necessary passwords or other means of accessing the hard drives or any files stored thereon. 5. GSI personnel will have the full cooperation of the IT Department for any assistance with Customer specific documents. 6. The time estimates provided are based on our standard protocols for processing and reporting. Any requests for interim reports, data extraction or copies for the acquisition or restoration prior to the final report are billable in addition to these estimates. 7. The dress code for onsite work is business casual. 8. If necessary, GSI will have appropriate physical access to the Customer network at the location so that it can conduct requested searches. This access will include access to a centrally located network switch at each location. The location designated will have ample power and work space for the indicated number of consultants. 9. GSI reserves the right to assign additional forensic consultants to accomplish this engagement in the time frame indicated.

3 10. GSI personnel will augment all chain of custody documentation, documentation of processes and systems searched in the event this matter is brought before any regulatory agency or utilized by the Customer for internal use. 11. GSI as part of its services, may modify any existing EnScripts, or utilize enhanced EnScripts developed by GSI to automate any process at the indicated cost, however, Customer does not own or have any rights to the EnScripts created or customized on this assignment. 12. GSI reserves the right to have GSI s legal department review any documents prepared by GSI for court submission at a separate rate. TERMS AND CONDITIONS 1. Upon execution by both parties, this SOW shall be a non-cancelable, non-refundable order by Customer. The purchased implementation services shall expire one (1) year from the date that the SOW is fully executed. If Customer fails to schedule the implementation services within this time period, any balance paid for such implementation service shall be forfeited and will not be refunded or rolled over. 2. Customer agrees to pay the fees and expenses charged by GSI under this SOW. Invoices are due on receipt and are overdue if not paid in full within thirty (30) days of the invoice date. Customer will pay interest on all overdue amounts at the rate of one and one-half percent (1 1/2%) per month. In the event an amount is not paid in full within sixty (60) days of the invoice date GSI, without waiver of any other rights or remedies, has the right to suspend work until Customer pays all fees, expenses and interest due and payable to GSI. Prices do not include taxes. Customer shall be responsible for paying any applicable taxes, except taxes on GSI income. 3. If a confirmed implementation is re-scheduled or cancelled within ten (10) calendar days of the confirmed implementation start date, GSI reserves the right to have Customer bear any actual costs incurred by GSI in the re-scheduling or cancellation. 4. Customer and GSI each agree to retain in confidence all non-public information and know-how disclosed or that becomes known as a result of activities pursuant to this SOW, which is either designated as proprietary and/or confidential, or by the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential ( Confidential Information ). Each party agrees to: (a) preserve and protect the confidentiality of the other party s Confidential Information; (b) refrain from using the other party s Confidential Information except as contemplated herein; and (c) not disclose such Confidential Information to any third party except to employees and contractors as is reasonably required under this SOW. 5. Customer acknowledges and agrees that GSI shall retain all ownership and title in any GSI Technology (defined below) developed prior to or in the course of providing services to Customer. For purposes of this SOW, GSI Technology shall be defined as including but not limited to computer programs, source codes, ideas, trade secrets, processes, including any specified processes for the handling of electronic evidence, methodologies, hash value libraries and/or any other concept, compilation or process eligible for federal copyright or patent protection.

4 6. GSI is neither a legal practice nor a law firm, and Customer acknowledges that GSI s services are not legal advice. Customer makes use of the services at its own risk and is advised to seek legal counsel before acting on any information gained from the services. 7. GSI warrants that it will perform the services set forth in this SOW with professional thoroughness and competence. GSI makes no other warranty or representation, whether express or implied, by this SOW. 8. THE LIABILITY OF GSI FOR ANY CLAIM OF ANY KIND ARISING OUT OF THIS SOW IS LIMITED TO MONETARY DAMAGES, AND THE AGGREGATE AMOUNT OF SUCH LIABILITY FOR ALL CLAIMS OF ANY KIND RELATING TO THIS SOW IS LIMITED TO THE FEES PAID TO GSI UNDER THIS SOW FOR THE PARTICULAR PRODUCT OR SERVICE WHICH GAVE RISE TO THE CLAIM. IN NO EVENT SHALL GSI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE, OR INTERRUPTION OF BUSINESS), AND WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF GSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON. 9. This SOW shall be governed by and construed in accordance with the laws of the State of Delaware. Any controversy or claim arising out of or relating to this SOW shall be settled by arbitration using a single arbitrator in Wilmington, Delaware and in accordance with the American Arbitration Association's rules of commercial arbitration. Judgment upon any award rendered in such arbitration may be entered in any court having jurisdiction thereof. In the event legal action or arbitration is commenced by either party in connection with this SOW, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, including without limitation expert witness' costs. 10. Either party s failure to perform its obligations hereunder shall not be deemed a breach of this SOW if such failure is due to fire, strike, war, civil unrest, terrorist action, government regulations, acts of nature, or other causes beyond the reasonable control of the party claiming force majeure. This provision shall not apply to Customer s obligation to pay any sums due under this SOW, which shall continue unabated. 11. Any notice given hereunder shall be sent in writing to the other party's business address as most recently designated in writing by such party. Notices directed to Guidance shall be sent to: Attention: Legal Department Guidance Software, Inc. 215 North Marengo Avenue, Suite 250 Pasadena, CA Any Customer terms of trade stated of referenced in the Customer purchase order, or any terms to which GSI has not specifically agreed in writing (except for names, quantities and addresses), shall not be binding on GSI. Customer agrees that failure to provide a purchase order number herein shall have no impact on its obligation to remit payment. 13. For the duration of GSI s performance of services under this SOW and for one (1) year afterward, to the extent permitted by the laws of the applicable jurisdiction, Customer shall not directly or

5 indirectly solicit any GSI employee for hire by Customer; however, public advertisements of open positions shall not be considered a solicitation under this Section. 14. This SOW and its attached and incorporated exhibits constitutes the complete agreement between the parties and supersede all prior agreements, estimates, presentations, purchase orders, and representations, whether written or oral, concerning the subject matter of this SOW. This SOW may not be modified or amended except in a writing signed by a duly authorized representative of each party; no other act, document, usage or custom shall be deemed to amend or modify this SOW. 15. This SOW may be executed in two counterparts, each of which when so executed shall be deemed to be an original and both of which when taken together shall constitute one of the same SOW. Fax or electronically scanned copies of such signed documents may be used in lieu of the originals for any purpose. IN WITNESS WHEREOF, the parties hereto, through their duly authorized officers, have executed this SOW as of the Effective Date. Guidance Software, Inc. ( GSI ): <CUSTOMER> ( Customer ): By: By: Name: Name: Title: Title: Date: Date: