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PacketSled Network Forensics Cloud Service User Terms and Conditions

PACKETSLED, INC. (“PACKETSLED”) GRANTS TO CUSTOMER (“CUSTOMER”) A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO ACCESS AND USE THE PACKETSLED NETWORK FORENSICS CLOUD SERVICE (“SERVICE”) STRICTLY FOR DEMONSTRATION OR EVALUATION PURPOSES. IF CUSTOMER PURCHASES A PAID SUBSCRIPTION TO THE SERVICE, A SEPARATE SERVICE AGREEMENT SHALL CONTROL THAT PURCHASE. PACKETSLED FURTHER GRANTS TO USERS OF CUSTOMER’S ACCOUNT A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO ACCESS AND USE THE SERVICE FOR AS LONG AS SUCH USERS HAVE ACCESS TO THE SERVICE (EVEN IF SUCH ACCESS CONTINUES BEYOND THE EVALUATION PERIOD AND DURING THE CUSTOMER’S PAID SUBSCRIPTION SERVICE). THE AFOREMENTIONED RIGHTS ARE CONTINGENT UPON THE CUSTOMER’S AND EACH USER’S ACCEPTANCE OF ALL OF THE TERMS OF THIS PACKETSLED NETWORK FORENSICS CLOUD SERVICE AGREEMENT (the “AGREEMENT”). BY CHECKING THE ‘SIGNUP’ BOX WHEN CREATING A CUSTOMER OR USER ACCOUNT AND LOGGING IN FOR THE FIRST TIME, EACH OF CUSTOMER AND ITS USERS ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS. IF CUSTOMER OR A USER DOES NOT AGREE TO THESE TERMS THEN CUSTOMER OR SUCH USER AGREES TO STOP USING THE SERVICE IMMEDIATELY.

1. SERVICE DEFINITIONS

The following definitions shall apply to the capitalized terms used herein: “PacketSled Network Forensics Platform” means the virtual sensors, RPM sensors used by the customer, and network to which packet captures must be directed in order to have the Services performed. “PacketSled Network Forensics Cloud Services” or “Service” means the on-demand, Customer-activated, cloud-based, service on which the PacketSled Network Forensics Platform resides which “analyzes” real time network traffic feeds or historical packet captures for malicious attack traffic. “Attack” or “Attack Incident” shall mean an event in which malicious traffic is identified and reported on the PacketSled Network Forensics Platform. The determination as to whether traffic is Attack traffic shall be determined solely by PACKETSLED. “Content” shall be as defined in Section 6. “Packet Capture” means the file that contains a copy of the network stream data in PCAP format that is generated by, uploaded to, or downloaded from the PacketSled Network Forensics Platform for analysis, including compressed files in TAR,GZIP, BZIP,XZIP or ZIP format. “User” or “Users” means those parties to which the Customer grants access to the Service through the Customer’s account.

2. PROVISION OF PACKETSLED NETWORK FORENSICS CLOUD SERVICES

2.1 Customer and its Users acknowledge that the use of the Service requires the provision of Customer and User details to complete the sign up process and that the Service cannot be activated for upload or accessed by Users until this information has been validated by PACKETSLED. Customer and its Users shall provide all information requested by PACKETSLED during the sign up process prior to activation of the Service and shall inform PACKETSLED of any changes to such information for the duration of the Term (as defined in Section 5). 2.2 Any feed, release, revision or enhancement to the Service that PACKETSLED may furnish during the Term becomes a part of the Service and is governed by this Agreement. 2.3 The PacketSled Network Forensics Platform is accessed through the Service by a secure user account. User accounts are associated with Customers, and the Customer admin will determine what Users can see which packet captures or capture points. 2.4 Support services for the Service are provided in English only.

3. CUSTOMER AND USER OBLIGATIONS

3.1 Customer acknowledges that the Service may only be used for internal purposes. 3.2 Data Privacy. Customer acknowledges that in order to utilize the Service, Customer must send packet capture data to the PacketSled Network Forensics Platform, and that this data may contain confidential or personally identifiable information. Customer consents to PACKETSLED’s collection, use and disclosure of information associated with the Service in accordance with PACKETSLED’s Privacy Policy located at https://www.packetsled.com/privacy-policy to the processing of Customer Content in any region of the world. Customer and its Users shall each be responsible for Users’ access to and use of Customer’s Content (as defined in Section 6) and confidential information and PACKETSLED shall have no liability for any damages that may result therefrom. 3.3 Customer acknowledges that operation and performance of the Service involves repeated inspection and analysis of the uploaded packet capture data and Customer expressly consents to the same. Customer hereby grants PACKETSLED, for the Term, a non-exclusive, non-transferable, and royalty-free license to access the uploaded Packet Capture data and any content contained therein (including, without limitation, any personally identifiable information). 3.4 Customer and PacketSled shall share the responsibility for the management of their implementation PacketSled and any data ingested into PacketSled. 3.5 Customer acknowledges that the Service is an analysis and forensics service only and is not meant to be used as a mitigation control during periods when an Attack is occurring. 3.6 Customer shall take all such action as is reasonably necessary to enable PACKETSLED to perform the Service. 3.7 Customer Content. Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Content. For example, Customer is solely responsible for: (a) compliance of Customer Content with the Acceptable Use Policy contained in this Agreement and with the law; (b) any claims relating to Customer’s Content; and (c) proper handling and processing of notices sent by any person claiming that the Content violates such person’s rights. 3.8 Other Security and Backup. Customer and its Users are responsible for properly using the Service and Customer is responsible for taking steps to maintain appropriate security, protection and backup of Customer Content, which may include the use of encryption technology to protect the Content from unauthorized access and routine archiving. 3.9 Neither Customer nor its User(s) may attempt to a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service (“Software”), b) reverse engineer, disassemble, or decompile the Software or Service or apply any other process or procedure to derive the source code of any Software, c) access or use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas, or d) resell or sublicense the Service. All rights granted in this Agreement are conditional on Customer’s and its Users’ continued compliance with this Agreement, and will immediately and automatically terminate in the event of noncompliance. 3.10 Customer and its Users agree to protect its PacketSled Network Forensics website account details, and not divulge to any other party. Customer and its Users agree to only use their own account details to access the PacketSled Network Forensics website, and only access data Customer and its Users are authorized to view. 3.11 Acceptable Use Policy (“AUP”). Customer and its Users shall not use, or allow use of, the Service in any of the following manners (“Abuses”): a) Use of the Service in an unlawful manner or for an unlawful purpose or to perform unlawful activities using any uploaded data, or b) Use of the Service in a manner that, in PACKETSLED’s reasonable discretion, directly or indirectly produces or threatens to produce a negative effect on the Service network other than in a manner for which the Service network was designed or that interferes with the use of the Service network by other customers or authorized end users, including, without limitation, overloading servers or causing portions of the PacketSled Network Forensics network to be blocked; c) Engaging in any activity that is disruptive or is detrimental to the operation or functioning of the PacketSled Network Forensics website; d) posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or e) Use of the Service in violation of PACKETSLED’s third party provider’s acceptable use policy located at http://aws.amazon.com/aup/ , as may be amended from time to time. 3.12 PACKETSLED may suspend or terminate the Service or any individual User’s access to the Service for any reason at any time, without prior notice. Upon termination, PACKETSLED reserves the right to delete all retained Packet Captures, cumulative security analytics data, capture points and user accounts. 3.13 Customer and its Users shall comply with the terms and conditions of PACKETSLED’s third party provider located at http://aws.amazon.com/agreement/(“Third Party Terms”), as may be amended from time to time. If there is a conflict between the Third Party Terms and this Agreement, this Agreement shall prevail.

4. USER ACCESS TO CUSTOMER’S ACCOUNT

4.1 Customer is responsible for all activities that occur under the Customer’s account, regardless of whether the activities are undertaken by the Customer, Customer’s employees or a third party (including Customer’s contractors, agents or other parties to which the Customer has given access to Customer’s account). PACKETSLED and its affiliates are not responsible for unauthorized access to Customer’s account. 4.2 Log-in credentials generated by the Service are for Customer’s internal use only and neither Customer nor its Users may sell, transfer or sublicense them to any other entity or person. 4.3 Customer will be deemed to have taken any action that Customer permits, assists or facilitates any person or entity to take related to this Agreement, Customer’s Content or use of the Service. Customer is responsible for Users’ use of Customer’s Content and the Service. Customer will ensure that all Users comply with the obligations under this Agreement. If Customer becomes aware of any violation of Customer’s obligations under this Agreement by a User, Customer will immediately terminate such User’s access to Customer’s account and the Service.

5. TERM

The Service shall commence once access to the Service is granted by PACKETSLED and shall continue in effect: a) for Customer, for a period of thirty (30) days thereafter; and b) for each User, for as long as the User has access to the Service through the Customer’s account; unless terminated earlier pursuant to the terms of this Agreement (“Term”).

6. WARRANTIES

Customer and its Users represent and warrant that they: a) have all right, title and interest or are the licensee with right to use and/or access all of the applications and/or content provided to perform the Service and all of the content accessed to perform the Service (together, “Content”); b) have all rights in the Content necessary to grant the rights contemplated by this Agreement; c) shall not use the Service for any unlawful purpose; d) shall not, nor shall Customer’s Content, violate the Acceptable Use Policy; and e) shall comply with the terms as may be updated by PACKETSLED in writing from time to time. Customer and its Users further represent that neither the U.S. Bureau of Industry and Security nor any other governmental agency has issued sanctions against Customer or its Users or otherwise suspended, revoked or denied Customer’s or its Users’ export privileges.

7. DISCLAIMERS

THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” PACKETSLED AND ITS AFFILIATES, AND LICENSORS AND THIRD PARTY VENDORS (TOGETHER, “VENDORS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE, INCLUDING ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING CUSTOMER CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, PACKETSLED AND ITS AFFILIATES AND VENDORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

8. LIMITATION OF LIABILITY

PACKETSLED’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PERFORMANCE OF SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID TO PACKETSLED BY YOU UNDER THIS AGREEMENT, WHETHER A CLAIM IS BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE. IN NO EVENT SHALL PACKETSLED OR ITS VENDORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, OR BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF PACKETSLED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PACKETSLED BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF CUSTOMER’S CONTENT OR OTHER DATA. SOLE RECOURSE HEREUNDER SHALL BE AGAINST PACKETSLED AND PACKETSLED’S VENDORS SHALL BE HELD HARMLESS.

9. INDEMNITY

Customer and its Users will defend at their own expense any action brought against PACKETSLED, its directors, officers, or employees by a third party to the extent that the action is based on a claim, suit, or proceeding arising from or relating to a) Customer’s or any User’s use of the Service (including any activities under Customer’s account and use by Customer’s employees and personnel); b) breach of the Agreement or any representation or warranty set forth herein; c) any third party claim based on Customer’s Content, including without limitation any claim involving alleged infringement or misappropriation of third-party rights by Customer’s Content; and d) a dispute between the Customer and any User. This Section 9 shall survive termination of the Agreement.

10. PROPRIETARY RIGHTS AND ADDITIONAL RESTRICTIONS

PACKETSLED and/or its Vendors retain all right, title, and interest in the Software and in all copies thereof, and no title to the Software or any intellectual property or other rights therein, are transferred to Customer or its Users other than as specified herein. No right, title or interest to any trademarks, service marks or trade names of PACKETSLED or its Vendors is granted by this Agreement. The Software is copyrighted and contains proprietary information and trade secrets belonging to PACKETSLED and/or its Vendors. As between Customer and PACKETSLED, Customer owns all right, title, and interest in and to Customer’s Content. Except as provided in this Section 10 and in Section 11, PACKETSLED obtains no rights under this Agreement from Customer to Customer’s Content, including any related intellectual property rights. Customer consents to PACKETSLED’s use of Customer Content to provide the Service to Customer and any of Customer’s Users. PACKETSLED may disclose Customer’s Content to provide the Service to Customer or any of Customer’s Users or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).

11. CONFIDENTIALITY

When disclosing information under this Agreement, the disclosing party will be the “Disclosing Party” and the receiving party will be the “Receiving Party.” The term “Confidential Information” includes: a) a party’s technical, financial, commercial or other proprietary information including without limitation product roadmaps, pricing, software code and documentation, Software, techniques or systems and b) information or data that is confidential and proprietary to a third party and is in the possession or control of a party. The Receiving Party will not disclose any of the Disclosing Party’s Confidential Information to any third party except to the extent such disclosure is necessary for performance of the Agreement or it can be documented that any such Confidential Information is in the public domain and generally available to the general public without any restriction or license, or is required to be disclosed by any authority having jurisdiction so long as Disclosing Party is provided advance notice of such disclosure by the Receiving Party. Each party’s respective Confidential Information shall remain its own property. Notwithstanding the foregoing, PACKETSLED may use anonymized data from the Service for its business purposes provided that PACKETSLED shall not identify the Disclosing Party to any third party as the source of such data.

12. EXPORT REGULATION AND GOVERNMENT RIGHTS

Both Customer and its Users agree to comply strictly with all U.S. export control laws, including the U.S. Export Administration Act and Export Administration Regulations (“EAR”). Software is prohibited for export or re-export to the list of terrorist supporting countries or to any person or entity on the U.S. Department of Commerce Denied Persons List or on the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists (together, “Denied Parties”). Access to the PacketSled Network Forensics Cloud Service: a) from the list of terrorist supporting countries or b) by Denied Parties is strictly prohibited. Customer is solely responsible for compliance related to the manner in which Customer chooses to use the Service, including Customer’s transfer and processing of Customer Content and the region in which any of the foregoing occur. Customer is solely responsible for ensuring that Users of Customer’s account are not Denied Parties. If Customer is licensing Software or its accompanying documentation on behalf of the U.S. Government, it is classified as “Commercial Computer Software” and “Commercial Computer Software Documentation” developed at private expense, contains confidential information and trade secrets of PACKETSLED and its licensors, and is subject to “Restricted Rights” as that term is defined in the Federal Acquisition Regulations (“FARs”). Contractor/Manufacturer is: PACKETSLED, Inc., and its subsidiaries, Burlington, Massachusetts, USA.

13. MODIFICATIONS TO THE AGREEMENT

PACKETSLED may modify this Agreement (including any referenced policies) at any time by posting a revised version at www.pravail.com/terms and any successor site designated by PACKETSLED (“Pravail SA Cloud Site”). The modified terms will become effective upon posting. By continuing to use the Service after the effective date of any modifications to this Agreement, you as Customer or User agree to be bound by the modified terms. It is your responsibility as a Customer or User to check the Pravail SA Cloud Site regularly for modifications to this Agreement.

14. GENERAL

This Agreement is made under the laws of the State of California, USA, excluding the choice of law and conflict of law provisions. Customer and its Users consent to the federal and state courts of California as sole jurisdiction and venue for any litigation arising from or relating to this Agreement. For each of Customer and its Users, this Agreement is the entire agreement between such party and PACKETSLED relating to the Service and supersedes all prior, contemporaneous and future communications, proposals and understandings with respect to its subject matter, as well as without limitation terms and conditions of any past, present or future purchase order. The waiver or failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of this Agreement is held invalid, all other provisions shall continue in full force and effect. All licenses and rights granted hereunder shall terminate upon expiration of this Agreement or Customer’s or its Users’ breach of this Agreement. Neither Customer nor PACKETSLED shall be liable for the failure to perform its obligations under this Agreement due to events beyond such party’s reasonable control including, but not limited to, strikes, riots, wars, fire, acts of God or acts in compliance with any applicable law, regulation or order of any court or governmental body. No party may assign its rights, duties or obligations under this Agreement without the prior written consent of the other party and any attempt to do so shall be void except that Customer or PACKETSLED may assign this Agreement to a successor by merger, acquisition or restructuring that assumes the rights and duties of this Agreement. The following sections survive termination or expiration of this Agreement: Proprietary Rights and Additional Restrictions (as well as any other terms pertaining to PACKETSLED’s proprietary rights and restrictions on use contained in the Agreement), Confidentiality, Limitation of Liability, Indemnity, Export and Government Rights, User Access to Your Account (as well as any other terms pertaining to Customer’s responsibility for its Users’ actions) and General.

© 2016 PacketSled, Inc.