The FireEye Market (the "Market") is owned and operated by FireEye, Inc. and its affiliated entities ("FireEye" or "we" or "us"). Market is an online marketplace where we make available various downloadable software tools, plug-ins, apps, connectors, integrations, extensions, libraries, configurations open source tools, and other software applications, including any artifacts, such as code and documentation, provided with any of the foregoing (collectively "Market Products"). Market Products may interoperate with applicable FireEye Products (as defined below).
To access portions of the Market or certain resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Market, and you hereby represent and warrant, that you are of the legal age of majority in the jurisdiction in which you reside and that all information you provide is correct, current and complete. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify FireEye of any unauthorized use of your user name or password or any other breach of security.
- Availability of the Market. We will not be liable if, for any reason, all or any part of the Market is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Market to registered users or another subset of users. You are solely responsible for making all arrangements necessary to access the Market.
- The Market.
- Overview. In the Market, you can access, browse, purchase (if applicable) and/or download Market Products. Market Products may be provided in source code or object code form. Market Products include any updates, upgrades and other changes thereto and versions thereof that you later use or download from the Market. FireEye may make some Market Products available via the Market at no charge and others for a price. Market Products made available on the Market may be provided and licensed to you by FireEye or by third parties (“Publishers”).
- FireEye Products & Services Purchased Separately. The Market does not include FireEye Products and Services, as defined in Section 5(ii) below. You must purchase FireEye Products and Services pursuant to a separate agreement with FireEye (“FireEye Purchase Agreement”).
- Market Products.
- Use of Market Products with FireEye Products. You may use and/or download a Market Product for your use on a device on which you have installed (or otherwise access) a validly licensed and/or purchased FireEye Product or Service offering with which the Market Product is designed to interoperate ("FireEye Product/Services"). Market Products can be used only on devices that also have a validly licensed and/or acquired FireEye Product/Service installed and meet certain other technical requirements described in the associated documentation in the Market as such documentation is amended from time to time by FireEye.
- Evaluation of Market Products. FireEye may offer free evaluation and/or other limited versions of Market Products so you can preview Market Products before you download and/or purchase the full version. If the Market Product is only provided for evaluation purposes, your rights are limited to an evaluation license that permits you to use, download, install, and/or operate the Evaluation Market Product for a limited period of time ("Evaluation Period"), and it will only be accessible by a limited number of temporary users, in each case as determined by FireEye or, if applicable, the Publisher. On the expiry of the Evaluation Period, the Evaluation Market Product will cease to function and/or you will be required to remove and delete all copies of such Evaluation Market Product in your possession or control.
- Support and Maintenance of Market Products. Market Products may come with no support and maintenance or may have varying levels of support and maintenance. If FireEye supports a FireEye published Market Product, it shall be indicated that the Market Product is supported and a support contact will be listed. Any available support and maintenance of Third Party Products shall be as described in the Market or in the associated documentation for that Market Product and shall be subject to any limitations and restrictions set forth in the Market and/or such documentation. Failure of a Publisher (including FireEye) to provide support and maintenance will not entitle you to any refund of fees in connection with obtaining the applicable Market Product, support and maintenance, and/or to pursue any monetary claim against a Publisher (including FireEye). For purposes of further clarity, you agree and acknowledge that FireEye has no responsibility for providing support and maintenance with respect to any Market Product.
- License and Restrictions.
- FireEye Standard EULA.
- License. FireEye grants you a limited, worldwide, non-transferable, revocable license to use the Market Products published by FireEye solely for your internal business use and only on hardware systems owned, leased or controlled by you. If the Market Product is offered specifically for use with a FireEye Product or Service, then you may only use that Market Product with the designated FireEye Product or Service, and this license is only valid during the term of your license agreement with FireEye (the “FireEye License”) for the applicable FireEye Product or Service for which the Market Product was made available and shall immediately terminate upon any termination or expiration of that FireEye License.
- Ownership. The Market Products are protected by copyright and other intellectual property laws and treaties. FireEye or its licensors own all right, title, and interest in and to the Market Products published by FireEye and all intellectual property rights therein and thereto. The Market Products are licensed and not sold.
- Privacy and Your Data.
- Information Provided to Third Party Publisher. You acknowledge, agree, consent and authorize FireEye to, in connection with your download of one or more Third Party Product(s), provide the third party Publisher with the personal information provided by you in completing the download, and to the extent applicable, the purchase (including without limitation, your name, your IP address, company name (if any), addresses (including e-mail address) and phone number).
- Consent to Use Data and Personal Information. You hereby expressly acknowledge, agree and consent that Publishers and FireEye (if FireEye is not the Publisher) may collect and use personal information, technical data and related information, (including without limitation, your name, your IP address, company name (if any), addresses (including e- mail address) and phone number) as well as technical information relating to your device, system, Market Product, and FireEye Product that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Market Products and/or FireEye Products. Publishers and FireEye (if FireEye is not the Publisher) may use this information, as long as it is in a form that does not personally identify you, to improve its products and services, develop new offerings, and/or to provide services or technology to you (including with respect to FireEye, the Market, Market Products and FireEye Products).
- Reviews of Market Products. The Market allows you to post reviews of Market Products you have used, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to the applicable FireEye.com web pages. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the Market. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full Market Product. If you do post reviews or comments, you grant FireEye a nonexclusive, royalty- free, fully paid up, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media.
You acknowledge and agree that:
- If you post a review of, or comment on, a Market Product for which you are the Publisher, you must disclose your affiliation.
- If you post a review of, or comment on, a competitor's Market Product, you must disclose your affiliation.
We may, but are under no obligation to, monitor or moderate reviews or comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third‐party users and we disclaim any and all liability relating thereto. Reviews and comments may not contain, and FireEye reserves the right to remove reviews and comments that contain content that:
- is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
- is false, fraudulent or misleading;
- violates applicable laws, rules, regulations or guidelines or rights of third parties; including without limitation any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
- constitutes advertising or any other form of commercial solicitation; or •impersonates any other person or entity, including any of FireEye’s employees.
- Prohibited Uses. You agree not to access or use the Market in any manner:
- That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
- To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- To monitor or attempt to gain unauthorized access to: (a) any data, information or communications on any network or system not owned by you, without authorization; or (b) any system or network user accounts or passwords of other users, without authorization.
- That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
- To monitor or copy materials from the Market for any unauthorized purpose or access the Market via any automatic device, process or means of access such as a robot or spider.
- That is in violation of export or import laws, rules or regulations. You acknowledge that the Market Products may be subject to the U.S. Export Administration Regulations (the “EAR”) and that you shall comply with the EAR and the provisions of Section 9(e) below.
- That may have a detrimental effect on the Market’s functionality, performance, availability, integrity, or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Market or any server, computer or database connected to or accessed by the Market; (d) modifying, blocking or otherwise interfering with the display of the Market; (e) interfering with another user’s ability to access, use and enjoy the Market; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Market such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without FireEye’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Market; and (i) engaging in any activities that results in any server serving the Market being the target of a denial of service attack.
- DISCLAIMER. THE MATERIALS MADE AVAILABLE IN THE MARKET, INCLUDING WITHOUT LIMITATION THE MARKET PRODUCTS AND THEIR RELATED DOCUMENTATION, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS AND THE MARKET PRODUCTS. FIREEYE ASSUMES NO LIABILITY FOR YOUR USE OF THESE MATERIALS, THE MARKET PRODUCTS OR ANY ASSISTANCE PROVIDED BY FIREEYE. FIREEYE AND ITS SUPPLIERS ALONG WITH ANY OTHER PUBLISHER EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. FIREEYE MAKES NO WARRANTY AS TO THE RELIABILITY, USEFULNESS, COMPLETENESS, TIMELINESS, QUALITY, SECURITY, SUITABILITY, AVAILABILITY OR ACCURACY OF ANY MARKET PRODUCT OR THAT THE MARKET PRODUCTS WILL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIREEYE OR ITS SUPPLIERS/LICENSORS (INCLUDING PUBLISHERS) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL OR BUSINESS, LOSS OR CORRUPTION OF DATA, OR COSTS TO PROCURE SUBTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF, OR UNAVAILABILITY OF, THE MARKET OR THE MARKET PRODUCTS OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS OR MARKET PRODUCTS AVAILABLE IN THE MARKET, REGARDLESS OF WHETHER FIREEYE, ANY PUBLISHER, OR AN AUTHORIZED FIREEYE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
- U.S. Government Users. If you are a U.S. Government end user, the Publisher is providing the Market Products to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by the Publisher for the Market Products are the same as the rights the Publisher customarily grant to others under the applicable EULA.
- DMCA Process. If you believe that any content in the Market violates your copyright, please notify FireEye’s copyright agent in writing. The contact information for FireEye’s copyright agent is at the bottom of this section. FireEye cannot take any action unless you give us all the information required by applicable law. In order for FireEye to take action, you must include the following in your notice:
- provide your physical or electronic signature;
- identify the copyrighted work that you believe is being infringed;
- identify the item that you think is infringing and include sufficient information about where the material is located (including which website) so that FireEye can find it;
- provide FireEye with a way to contact you (such as address, telephone number, or email);
- provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by FireEye; and
- provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for FireEye’s copyright agent:
Attention: Legal Department
- Weblinks. Certain links provided herein permit you to leave this site and enter non- FireEye sites. These linked sites are not under FireEye‘s control. FireEye is not responsible for the contents of any linked site or any changes or updates to such sites. FireEye is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by FireEye of any linked site. FIREEYE’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY FireEye PRODUCT OR SERVICE. Linking to this site is subject to FireEye policies. If you would like to link to FireEye’s web site, please contact us at: webmaster@FireEye.com
- Feedback & Suggestions. Direct feedback, comments, suggestions, requests for support and other communications relating to the Market can be sent to: market@FireEye.com. FireEye shall have a perpetual, irrevocable, royalty‐free, fully‐ paid, sublicensable, transferable, non‐exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback and suggestions for improvements or enhancements to the Market and the Market Products (“Feedback”) without obligation of confidentiality or otherwise.
: October 2, 2018