Terms of Use

FIREYE MARKET TERMS OF USE

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.

  1. Binding Agreement. By visiting the Market website, you agree that your visiting and use of the Market website is governed by these FireEye Market Terms of Use ("Terms of Use"), which you acknowledge represent a binding agreement between you and FireEye. If you are agreeing to these Terms of Use on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to these Terms of Use, and the terms "you" and "your" will refer to that company or organization. If you do not have that authority, or if you do not agree with these Terms of Use, you may not use the Market or any of the Market Products. FireEye reserves the right to make changes to Market and to these Terms of Use at any time. Your continued use of Market and any Market Products will constitute your acceptance of any new or amended Terms of Use.
  2. 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.
  3. IMPORTANT – USER ACCEPTANCE: THESE TERMS OF USE FORM A BINDING CONTRACT BETWEEN YOU AND US WHEN ACCEPTED BY YOU. YOU ACCEPT THESE TERMS OF USE BY (1) ACCESSING OR USING THE MARKET, (2) INDICATING ACCEPTANCE OF THESE TERMS WHEN THEY ARE PRESENTED ONLINE, SUCH AS BY CHECKING A BOX CAPTIONED WITH ACCEPTANCE LANGUAGE OR CLICKING AN ICON BEARING AN “ACCEPT” OR SIMILAR LEGEND OR BY OTHERWISE ELECTRONICALLY SIGNING THIS AGREEMENT; OR (3) EXERCISING OR PURPORTING TO EXERCISE ANY OF THE RIGHTS GRANTED TO YOU UNDER THESE TERMS OF USE, INCLUDING DOWNLOADING OR USING ANY MARKET PRODUCT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE MARKET.
  4. The Market.
    1. 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”).
    2. 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”).
    3. Technology Partners and Contributors to Market. You may not post Market Products to the Market unless you have entered into a FireEye technology integration partner program pursuant to a separate written agreement or FireEye’s Contributor Agreement. Such separate agreements shall control over these Terms of Use with respect to your posting of Market Products to the Market to the extent that these Terms of Use conflict with that separate agreement.
  5. Market Products.
    1. Market Products Provided "As Is". Market Products may or may not have been reviewed, tested or validated by FireEye. The posting and availability of a Market Product shall not be construed as making any representation, warranty, guarantee or promise apart from those set forth in these Terms of Use, nor that your use of a Market Product is permitted by third parties or any applicable laws and regulations. You are solely responsible for independently testing and validating any Market Product before deploying it in a production environment, and evaluating whether using any Market Product is permitted in your jurisdiction.
    2. 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.
    3. 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.
    4. Third Party Market Products. You acknowledge that the Market includes listings for Market Products that are provided by a third-party Publisher (the, "Third Party Products"). Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that: (1) you must use your own discretion when you obtain Third Party Products through the Market and you should read the terms and conditions and privacy policies of the applicable third party Publishers, and (2) FireEye does not own or control any third party websites or the Third Party Products, and (3) you will not hold us responsible and FireEye shall not be liable for your access to or use of (i) any such third-party website (including its content, terms and conditions, privacy policy, or anything else); (ii) the Third Party Products; or (iii) any claims arising out of your use of the Third Party Products, under any circumstances. For clarity, subject to the foregoing, all Third-Party Products are included in the definition of "Market Products" for purposes of these Terms of Use.
    5. 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.
  6. License and Restrictions.
    1. Separate License to Use Market Products. Your use of a Market Product will be governed by the terms and conditions of an end user license agreement between you and the Publisher of the Market Product (a “EULA”). If FireEye is the Publisher of a Market Product, then that Market Product will be governed by these Terms of Use, including Section 6(ii) (the “FireEye Standard EULA”) below and any additional end user license terms included in or with the Market Product (collectively, the "FireEye EULA"). In the event of a conflict between the terms of the Market Product end user license terms and the FireEye Standard EULA, whether the Market Product is paid for or not, then the terms of the Market Product end user license terms govern your use of the product. In the event a third party is the Publisher of a Market Product, the Market Product will be governed by the end user license terms included in or with the Market Product (the "Third Party Publisher EULA"). Further, certain Market Products may be open source and subject to open source license terms (an “Open Source License”). You acknowledge and agree that FireEye has the right to enforce these Terms of Use and the FireEye EULA against you and that the Publisher has the right to enforce the Third-Party Publisher EULA against you. If you do not want to comply with the applicable EULA or Open Source License for a Market Product, you must not download and use that Market Product.
    2. FireEye Standard EULA.
      1. 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.
      2. Additional Restrictions. You may not (i) modify, (ii) reverse engineer, decompile or disassemble, (ii) create any derivative works of or (iv) distribute, transfer, resell, rent, lease, or sublicense any rights in the Market Products published by FireEye, unless otherwise expressly authorized in writing by FireEye. If FireEye makes available a source code version of the Market Product, notwithstanding the foregoing, you may modify the source code versions in accordance with these Terms of Use and the applicable EULA; provided, that FireEye will have no obligation to provide support for any modified versions and you shall have the sole responsibility for supporting and maintaining such modified source code versions.
      3. 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.
  7. Privacy and Your Data.
    1. 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).
    2. 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).
    3. Third Party Publisher Access to Your Data and Personal Information. If you evaluate and/or install Third Party Products, those Third Party Products may transmit your data and personal information to the third-party Publisher who may be able to obtain access to your data and information related to your FireEye Products through the applicable FireEye Product’s application programming interface (API). Such access may result in the disclosure, modification or deletion of your data by those Publishers or their Third Party Products. Further, the Publisher and its agents and partners may collect and use data pertaining to your configuration and/or use of the Market Product(s) according to terms described in the Publisher’s privacy policies. FireEye is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through Third Party Products or their Publishers. Any information FireEye receives from you is subject to the FireEye Privacy Policy located at https://www.fireeye.com/company/privacy.html.
  8. 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.
  9. General.
    1. 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.
      • That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or FireEye, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the FireEye Privacy Policy.
      • 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.
    2. 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.
    3. Indemnification. To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold us, our affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of defense) resulting from your violation of these Terms of Use, your violation of the rights of a third party (including any Publisher), or your use of the Market or the Market Products other than as permitted herein. We will be entitled, at our sole expense, to participate in the defense and settlement of the claim or action with counsel of our choosing. You may not settle any claims without our prior written consent (which will not be unreasonably withheld).
    4. 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.
    5. Compliance with Laws; Reservation of Rights; Export. You will use the Market and Market Products in compliance with all applicable laws, rules, regulations and guidelines. Except for the rights explicitly granted to you in these Terms of Use and in the EULA for each Market Product, all right, title and interest in the Market and the Market Products are reserved and retained by their respective providers, Publishers, licensors and rights holders. You do not acquire any ownership rights in the Market or the Market Products as a result of using the Market or downloading, installing or using the Market Products. You may not use or otherwise export or re-export the Market Products except as authorized by United States law and the laws of the jurisdiction in which the Market Products originated or were obtained. In particular, but without limitation, the Market Products may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. If you access the Market from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. In addition, you are responsible for complying with any local laws which may impact your right to import, export, download or use the Market Products. Access to the Market from territories where the Market or any of its services or products are illegal is prohibited.
    6. 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.
    7. Termination. Your rights under these Terms of Use will automatically terminate without notice if you fail to comply with any of its terms, if you cease to have a valid license for a FireEye Product or violate the term of any EULA. Further, FireEye may terminate these Terms of Use and the licenses granted herein at any time and for any or no reason by giving you written notice. In case of any such termination, you must cease all use of the Market and the Market Products, and FireEye may immediately revoke your access to the Market, and if applicable, without refund of any fees paid.
    8. Governing Law; Jurisdiction; Jury Trial Waiver. These Terms of Use are governed by the laws of the State of California, without regard to its conflicts of laws rules, and each party irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts located in the Santa Clara County in the State of California. You agree to waive all defenses of lack of personal jurisdiction and forum non- conveniens, irrevocably waive your right to a jury trial and agree that process may be served in a manner authorized by applicable law or court rule. Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any dispute arises under these Terms of Use, the parties will negotiate in good faith to resolve the dispute. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms of Use.
    9. 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:

      Copyright Enforcement
      Attention: Legal Department
      FireEye, Inc.
      copyrights@FireEye.com

    10. Contact Information. For communications concerning these Terms of Use (other than DMCA notices, which you must send in accordance with the procedures above), please write to copyrights@FireEye.com.
    11. Assignment. You may not assign or transfer the agreement formed by your agreeing to these Terms of Use. FireEye may freely assign, transfer, and delegate its rights and obligations under these Terms of Use. You acknowledge and agree that FireEye’s affiliates, contractors, Publishers, and service providers may exercise all rights of FireEye under these Terms of Use.
    12. 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
    13. 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.
    14. Copyright to Market. All content included on the Market website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FireEye or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Market website is the exclusive property of FireEye and protected by U.S. and international copyright laws. The Market website or any portion of the Market website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FireEye. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Market website without express written consent of FireEye. You may not use any meta tags or any other “hidden text” utilizing FireEye’s name or trademarks without the express written consent of FireEye. Any unauthorized use terminates the permissions and licenses granted under these Terms of Use by FireEye.
    15. Miscellaneous. No waiver of these Terms of Use by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. There are no third‐party beneficiaries to these Terms of Use. These Terms of Use (including any applicable EULA, etc.) and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Market and Market Products, except as expressly set forth herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Market Website. For the avoidance of doubt, these Terms of Use do not supersede any written agreement between you and FireEye for the use of, or the right to which you have been granted the right to use or access, a FireEye Product or Service.
Last Updated: October 2, 2018