FireEye Community Terms of Use

Version 1

    FireEye Community Terms of Use

     

    Before using this FireEye Community website, please carefully read these FireEye Community Terms of Use (“Terms”) that will govern your use of this website. By signifying your “acceptance” below and/or using this FireEye Community website, you, on behalf of yourself and your organization/company, are hereby agreeing to the full acceptance of, to be bound by, and to comply with, these Terms. If you do not want to comply or agree with these Terms, you should “click” the “Exit/Reject” link below, refrain from using and/or accessing any Content or information on this website, and you should leave this website immediately.

     

    This website and its Content (defined below) is owned, controlled, operated and maintained by FireEye, Inc. (“FireEye”). The Content (and any information) on this website may or may be not provided, reviewed, approved and/or reviewed by FireEye. All postings, information and use of the Content on this site are subject to these Terms. FireEye may add, make changes to, or remove anything contained on this website at any time, in its sole discretion without any notice, including changes to any Content, specifications, product designs, descriptions or any other information on this website.

     

    1. PURPOSE(S) OF THIS WEBSITE AND ITS CONTENT.

    This FireEye Community website is owned and operated by FireEye for the purpose of sharing knowledge, driving inspiration, and connecting a broad IT network. This website is a thought-leadership center for the IT and cyber security communities and provides a platform for discussing best practices, latest products, and technical innovations. This website may also provide best practices presentations, white papers, webinars, podcasts, technology news, tools, products information and education for the IT and developer community.

    More specifically, this FireEye Community provides a platform for the sharing of technical knowledge and user experiences of Cyber Security professionals engaged with FireEye’s products and services. Subject to these Terms, FireEye employees, partners and customers may post best practices, problem resolutions, troubleshooting guides, and/or general information and/or discussions about FireEye products and services, networking or technology related to or integrating with FireEye products and services, or information of interest to the cyber security field in general or the FireEye Community population in particular.

     

    This FireEye Community website may also consist of a number of individual communities or sub-communities (e.g., the Support Community, Support Knowledge Base, Open Knowledge Base, Community Center, Education Center and the Fuel Partner Center). Individual communities or sub-communities are created and retired as needed by FireEye in its sole discretion, but all of communities fall under this FireEye Community website and are subject to these Terms.

     

    2. CODE OF CONDUCT.

    You are welcome to register/access, use this website and post Content on this website, but by doing so, you agree to comply with these Terms, including the following code of conduct:

    ( i )You agree use this site lawfully.

    ( ii ) You agree not post any third party copyrighted information on the website.

    ( iii ) You agree not disclose any third party confidential information.

    ( iv ) You agree not upload any viruses, worms, Trojan horses, or other forms of harmful computer code.

    ( v ) You agree not disrupt ordinary operation of the website.

    ( vi ) You understand and agree to keep your password and account private and confidential.

    ( vii ) You understand that FireEye is not responsible for, nor support, any Content that is uploaded and/or downloaded by a user of this site or on third party links.

    ( viii ) You agree not to use this site to make personal attacks, hate speech, or other egregious commentary against another contributor to this website.

    ( ix ) You agree to use this website constructively and consistent with the stated purposes herein.

    ( x ) You understand that FireEye retains the right to monitor and remove or change any Content that FireEye deems inappropriate or that does not comply with these Terms governing this website.

    ( xi ) You understand that FireEye retains the right to terminate your access (or the access of any user) to the website for any reason or no reason at any time.

     

    3. ACCEPTANCE OF TERMS.

    This FireEye Community website is sponsored by FireEye to provide the information to you and any user, conditioned upon the acceptance by you and each user of these Terms without modification.

     

    4. MODIFICATIONS TO THESE TERMS AND THE CONTENT ON THIS WEBSITE.

    FireEye reserves the right, in FireEye’s sole discretion, to change, modify, add or remove portions of these Terms periodically and any such modifications shall be effective immediately upon posting of the modified Terms to this website and shall govern your use of this website. FireEye further reserves the right at any time to modify or discontinue, temporarily or permanently, this website or any of the Content or information on this website. FireEye shall not be liable to you, any user, or other third party for any such modification, change, suspension, discontinuance or deletion of this website, its Content or any other information on this website.

     

    5. NO UNLAWFUL OR PROHIBITED USE.

    When using this FireEye Community website, you agree that you will not use this website or any of the Content obtained from this website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your authorization/permission to use this FireEye Community website and any of its Content shall immediately terminate, you must cease using this website and the Content on this website immediately, and FireEye may also immediately revoke and terminate your access to this website.

     

    6. ACCESS TO, AND USE OF, THIS WEBSITE.

    You acknowledge that you must be authorized by FireEye to access and use this website, and such authorization is generally granted as a result of you (or your organization) having a valid contract with FireEye (e.g., a support contract and/or strategic partner agreement).  Also, to the extent requested, you and each FireEye Community website user may be required to provide true, accurate, current and complete information on a registration form to access and use this website (collectively, the "Registration Data”)."). If your contract with FireEye has been terminated and/or expired, and/or after an investigation, FireEye has reasonable grounds to suspect that your (or any user’s) information is untrue, inaccurate, not current or incomplete, FireEye may suspend or terminate your (or any user’s) access to, and use of, this website and prohibit any and all current or future use of this website (or any portion thereof) by you (or any user).

     

    In order to access/use this website, each user will receive and/or create a password and username and receive account designations upon complying certain FireEye Community website processes/policies and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. FireEye cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to: (1) immediately notify FireEye of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account to this website at the end of each session.

     

    In the event that FireEye collects any Registration Data, FireEye will handle any Registration Data of a user in accordance with the FireEye's Privacy Policy located at:   https://www.fireeye.com/company/privacy.html.

     

    7. CONTENT.

    “Content” means all information, data, text, software, tools, scripts, music, sound, photographs, graphics, video, messages, or any other materials or information that is posted or transmitted by FireEye, you or any user on this website (collectively, "Content"). You, as well as any current employee or representative of FireEye or any other user of this website (e.g., partner or customer) may post Content to or on this FireEye Community website without consulting FireEye for permission. Subject to these Terms, any Content that is posted is the sole responsibility of the user from whom such Content originated and/or has posted on this website. This means that you or the particular user, and not FireEye, is entirely responsible for all Content that he or she downloads, uploads, posts, emails or otherwise transmits on or from this website. No user shall transmit Content or otherwise conduct or participate in any activities on this website that are prohibited by law in any applicable jurisdiction, including refraining from violating laws that govern the encryption of software, the export of technology, the transmission of obscenities, copyrights, or any laws protecting the intellectual property of others.

     

    FireEye reserves the right to refuse, delete or archive any Content at any time in its sole and absolute discretion, including any Content that FireEye:  ( i ) deems inappropriate or does not fulfill the purpose(s) stated in these Terms; (ii) believes violates the Terms or to be otherwise illegal. FireEye, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined by FireEye to be useful to protect the rights, property, or personal safety of you or the users of the FireEye Community or for any other reason. FireEye does not control all of the Content posted to this website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will FireEye be liable in any way for any Content, including, but not limited to, liability for any inaccuracies, errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via this FireEye Community or posted on this website.

     

    You and each user, by using this FireEye Community website, may be exposed to Content that some users may consider offensive, indecent or objectionable. FireEye reserves the right, in its sole discretion, to remove any Content it deems offensive, indecent or objectionable and to disable the posting user’s password and/or terminate the posting user’s account. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Users may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject FireEye’s hosted network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of this FireEye Community website.

     

    8. OTHER TERMS APPLYING TO THE ACCESS, USE, REMOVAL, STORAGE AND POSTING OF CONTENT.

    From time to time, FireEye may establish general practices and limits concerning the access, use and storage of Content on this website. FireEye has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on this website or any other website. FireEye reserves the right to mark as "inactive" and archive accounts that are inactive and/or remove Content from this website in its sole discretion. FireEye reserves the right to change these general practices at any time, in its sole discretion.

     

    a. Except as specifically stated herein, FireEye does not and cannot control the actions of the users of this website or linked third parties. FireEye reserves the right to take any action that FireEye deems appropriate to protect the integrity and reputation of FireEye as well as any user of this website, including reporting any act of malfeasance to the appropriate authorities.

    b. With respect to Content, documents, papers, text, data or other information posted by FireEye or FireEye employees, any and all such Content documents, papers, text, data, or other information posted by FireEye on this website is and shall remain the sole property of FireEye. Your use of such materials shall be governed by these Terms and any agreement that you may have with FireEye, and in the event of any conflict between these Terms and your other agreement(s) with FireEye, the terms of your other agreement(s) with FireEye shall govern.

    c. You agree not to sell, resell, or offer for any commercial purposes, access to this FireEye Community website or any portion of the Content on this website to any third party.

     

    9. FIREEYE SOFTWARE & SOFTWARE TOOLS.

    In the event that an employee of FireEye uploads software or a software tool from this website, unless otherwise stated in a license specifically governing that software or software tool, these Terms plus the terms in Freeware End User License Agreement (the “EULA”) attached to these Terms as Exhibit A shall govern the use of such software or software tool, and the EULA shall govern any conflict between the EULA and these Terms.

     

    10. LICENSE GRANTED TO CONTENT/SOFTWARE UPLOADED/POSTED BY YOU.

    With respect to Content submitted by you, you, as the submitting user, represent that you have all rights and interests to post such Content. When your Content is posted by you, you shall be deemed to grant, and hereby do grant, to FireEye and each user of this website a royalty-free, perpetual, irrevocable, non-exclusive, fully transferable license to copy, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate such Content into any products, services or other works in any form, media, or technology now known or later developed.

     

    11. TERMINATION.

    FireEye may terminate your access (or the access of any user) to this website at any time in FireEye’s sole and absolute discretion and for any or no reason. Examples of circumstances in which FireEye may terminate your access (or any user’s ability to access) and use of this website include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of this website’s resources or any attempt to gain unauthorized entry to this website or site resources; (3) use of this website in a manner inconsistent with the purpose(s) stated in these Terms; (4) a request by you or a user to terminate their access to this website; (5) posting inappropriate or obscene materials; (6) violation of copyright or other laws with regards to the Content posted by any user of this website, or (7) as required by law, regulation, or a court or governing agency order. FireEye’s termination of any user's access to this website may be implemented without notice. In the event that FireEye terminates a user’s access to this website, FireEye may immediately deactivate or delete the user's account and/or bar any further access to this website, including any access to the Content on this website. FireEye shall not be liable to you or any user for any termination of the access to this website or any of its Content. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account.

     

    12. LINKS.

    You, as well as any employee or representative of FireEye, and other user may provide links to other websites (e.g., forums, comments, blogging, library, wiki or any other feature or information). In addition to complying with these Terms, Content provided on this website or links to other websites may contain or be subject to third party terms, guidelines or limitations on its use and you agree to abide by any such third party terms, limitations or guidelines. FireEye exercises no control whatsoever over any third party websites and web-based resources and is not responsible or liable for the availability thereof or the information, advertising, products or other materials on such third party websites. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. FireEye shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by you or any user in connection with any third party website.

     

    13. PRIVACY.

    FireEye’s Privacy Statement/Policy governs the use of this website and can be found at: https://www.fireeye.com/company/privacy.html. Once you choose to link to another website, you should read that website’s applicable terms of use and privacy statement/policy before disclosing any personal information.

     

    14. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY.

    You shall defend, indemnify and hold harmless FireEye, its affiliates and their respective officers, employees, representatives and agents, and each user of this website (as well as any FireEye website partner), from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions, including claims that your submission, posting or transmission of Content violates these Terms.

     

    THE USE OF THIS WEBSITE, ITS CONTENT AND ANY OTHER INFORMATION OF THIS WEBSITE BY YOU (AND EACH USER) IS AT YOUR (AND EACH USER’S) OWN RISK. UNLESS SPECIFICALLY STATED OTHERWISE IN WRITING, ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND ON "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, AND FOR SOLE CONVENIENCE OF YOU, FIREEYE CUSTOMERS AND PARTNERS AND THE USERS OF THIS WEBSITE.

     

    FIREEYE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THIS WEBSITE. FIREEYE EXPRESSLY DISCLAIMS ALL LIABILITIES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY, APPROPRIATENESS OR NON-INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT. FIREEYE MAKES NO WARRANTY THAT YOUR ACCESS OR USE OF THIS WEBSITE OR THE CONTENT ON THIS WEBSITE:  ( i ) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (ii) WILL BE ACCURATE OR OF HIGH QUALITY OR WILL MEET YOUR EXPECTATIONS, REQUIREMENTS OR NEEDS. FIREEYE ALSO HAS NO RESPONSIBIILTY TO CORRECT ANY ERRORS IN ANY CONTENT ON THIS WEBSITE. NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED HEREIN EXCEPT AS PROVIDED IN FIREEYE'S TERMS AND CONDITIONS OF SALE FOR ITS PRODUCTS AND SERVICES OR AS OTHERWISE PROVIDED IN A SEPARATE CONTRACT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND FIREEYE.

     

    FIREEYE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES (EVEN IF FIREEYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR:   ( I ) LOSS OF PROFITS, GOODWILL OR CONTENT POSTED ON THIS WEBSITE; (II) THE USE OF CONTENT OR THIS WEBSITE; (III) LOSS OF DATA OR OTHER INTANGIBLE LOSSES; (IV) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (V) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS FIREEYE COMMUNITY WEBSITE. IN NO EVENT SHALL FIREEYE'S TOTAL CUMULATIVE LIABILITY TO YOU, ANY USER OF THIS WEBSITE OR ANY OTHER THIRD PARTY EXCEED TEN DOLLARS ($10). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, AND IN SUCH AN EVENT, SOME OF THE ABOVE EXCLUSIOINS OR LIMITATIONS MAY NOT APPLY TO YOU.

     

    15. INDEPENDENT CONTRACTOR.

    Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between FireEye, you and any user or other person or entity nor do these Terms extend rights to any third party.

     

    16. TRADEMARK INFORMATION.

    FireEye logos and service marks, and product and service names are FireEye trademarks or registered trademarks in the United States and in other countries (the "FireEye Marks"). These Terms do not grant to any user any license in the FireEye Marks, trademarks or any other FireEye owned intellectual property. FireEye, Mandiant, iSIGHT, FireEye as a Service (FaaS), and Security Orchestrator are registered trademarks or trademarks of FireEye, Inc. in the United States and/or other countries. All other brands, products or service names are or may be trademarks or service marks of their respective owners.

     

    17. COPYRIGHTS & DIGITAL MILLENNIUM COPYRIGHT ACT of 1998 (DMCA).

    FireEye respects the intellectual property rights of others, and requires that the people who use this website to do the same. It is FireEye’s policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our designated agent (pursuant to the under the Digital Millennium Copyright Act OF 1998 ("DMCA")) at  social-support@fireeye.com< with the following information in writing:

    ( i ) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

    ( ii ) identification of the copyrighted work that you claim has been infringed;

    ( iii ) identification of the material that is claimed to be infringing and information reasonably sufficient to permit FireEye to locate the material, including the full URL;

    ( iv ) your name, address, telephone number, and email address;

    ( v ) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    ( vi ) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

     

    If FireEye receives such a claim, FireEye reserves the right to refuse or delete Content as described in these Terms or to terminate a user's account.

     

    After receiving a claim of infringement, FireEye will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, FireEye will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. FireEye will take reasonable steps to expeditiously notify the applicable user that it has removed or disabled access to such material.

     

    Upon receipt of a proper counter notification under the DMCA, FireEye will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, FireEye will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless FireEye designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the FireEye system or network.

     

    You may provide us with a counter notification by providing our copyright agent with the following information in writing:

    ( i ) your physical or electronic signature;

    ( ii ) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;

    ( iii ) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

    ( iv ) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which FireEye may be found and that you will accept service of process from the person who provided the initial notification of infringement.

     

    18. GENERAL PROVISIONS.

    These Terms constitute the entire agreement between you (and each user) and FireEye and you acknowledge that this agreement governs the use of you (and each user) of this website, superseding any prior agreements. You (and each user) may be subject to additional terms and conditions that may apply when you or any user uses affiliated services, third party content or third party software. These Terms and the relationship between you and FireEye shall be governed by the laws of the State of California without regard to any conflict of law provisions and you hereby agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the county of Santa Clara, California area. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms remain in full force and effect.

     

    19. VIOLATIONS OF THESE TERMS.

    If you believe that there has been any violation of these Terms, your Content or any other Content has been copied in an unauthorized manner or is accessible on this website that in any way constitutes copyright infringement, you agree to notify the FireEye Community Managers of any such violations at social-support@fireeye.com. In response to this information, FireEye may request additional information and you agree to reasonably cooperate with FireEye’s requests.

     

    If you do not want to comply with these Terms, you should not accept these Terms, click “EXIT/REJECT”, and leave this website immediately. Otherwise, please indicate your acceptance of these Terms by clicking “ACCEPT” below.

     

    © 2017 FireEye, Inc. All rights reserved.

     


    EXHIBIT A

    FREEWARE END USER LICENSE AGREEMENT (“Agreement”)

    (FOR OBJECT CODE VERSIONS OF FIREEYE SOFTWARE & SOFTWARE TOOLS, i.e., “Software”)

     

    BY DOWNLOADING, INSTALLING OR USING (WHICHEVER COMES FIRST) THIS SOFTWARE AND RELATED DOCUMENTATION (THE “SOFTWARE”) YOU AND THE ENTITY THAT YOU REPRESENT ("LICENSEE") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY THIS AGREEEMNT WITH FIREEYE, INC. (“FIREEYE”). IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD INSTALL OR USE THE SOFTWARE.

     

    1. Grant of License and Restrictions. Subject to the terms hereof, FireEye grants Licensee a personal, non-sublicensable, non-transferable and nonexclusive, right to use the Software, but only in object code form. FireEye retains ownership of the Software and Licensee shall maintain the copyright and other notices that appear on the Software.

     

    2. No Obligation to Deliver Updates and Support Services. In no event shall FireEye be liable for any support, maintenance or updates of the Software. In the event FireEye provides, in its sole discretion, any such updates, they shall be deemed “Software” subject to this Agreement unless otherwise stated in writing by FireEye.

     

    3. Restrictions. Licensee shall not, and shall not authorize or assist any third party to, reverse engineer or attempt to discover any source code or underlying ideas or algorithms of the Software (except to the limited extent that applicable law prohibits reverse engineering restrictions). Prior to disposing of any media or apparatus containing any part of the Software, Licensee shall completely destroy all copies of the Software contained therein. Licensee acknowledges that the Software may contain or use certain open source or other third party components (“Third Party Software”). Licensee agrees to be bound to any and all license provisions applicable to the Third Party Software. No rights or licenses are granted other than as expressly and unambiguously set forth herein.

     

    4. Confidentiality. The Software in source code form remains a confidential trade secret of FireEye. The Software is protected by the copyright and other intellectual property laws of the United States and international treaties.

     

    5. Termination. This Agreement is effective until terminated. This Agree_ment shall terminate automatically if Licensee fails to comply with any term or con_dition of this Agreement. Upon termination, Licensee shall destroy all copies of the Software. Paragraphs 3, 4, 6, 7, 8 and 9 of this Agreement shall survive any termination.

     

    6. Limited Warranty and Disclaimer. LICENSEE ACCEPTS THE SOFTWARE "AS IS," AND FIREEEYE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT. FIREEYE DOES NOT WARRANT THAT THE FUNC_TIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK ARISING OUT OF SELECTION, USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

     

    7. Limitation of Liability. LICENSEE’S EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF FIREEYE RELATED TO THE SOFTWARE SHALL BE EXPRESSLY LIMITED TO REPLACEMENT OF THE SOFTWARE. IN NO EVENT WILL FIREEYE OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUC_TION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBIL_ITY OF SUCH DAMAGES, OR OTHER LIABILITY.

     

    8. Export Control. Licensee represents and warrants that it shall comply with all laws and regulations applicable to Licensee with respect to the Software and its license and use, including without limitation those with respect to export.

     

    9. Miscellaneous. This Agreement shall be deemed to have been made in, and shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act. This is the complete and exclusive statement of the mutual understanding of the parties with respect to the license granted herein and supersedes and cancels all agreements and communications relating to such license.