This is a legal agreement (“Agreement”) between you, the party using the Service, and Cisco Systems, Inc., a California corporation having offices at 170 West Tasman Drive, San Jose, CA 95134 (“Cisco”). This Agreement applies to your access and use of the Service. BY CLICKING ON THE “AGREE” OR “ACCEPT” BUTTON, DOWNLOADING SOFTWARE OR USING THE SERVICE YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. If you do not agree with the terms of this Agreement, you may not use or otherwise access the Service.
“Cisco Materials” means the Service, Documentation and Software.
“Documentation” means Cisco’s release notes or other similar instructions in hard copy or machine readable form that describe the functionality of the Service and/or the Software.
“Endpoint” means any device capable of processing data, including but not limited to personal computers and mobile devices.
“Non-Personal Information” means technical data and information related to Endpoints that is not Personal Information, including, but not limited to the operating system type and version; file metadata and identifiers such as SHA-256 values; network host data; origin and nature of malware; Endpoint GUIDs (globally unique identifiers); Internet Protocol (“IP”) addresses; MAC addresses; logfiles; the types of software or applications installed on an Endpoint; and any aggregate or demographic data such as cookies, web logs, web beacons, and other similar applications.
“Personal Information” means any information that can be used to identify you and may include your name, address, email address, phone number, payment card number, and user name.
“Service” means Cisco’s Immunet™ malware and anti-virus protection software system that utilizes cloud computing to provide enhanced community-based security.
“Software” means any Cisco proprietary security software products or any third party software provided by Cisco, and any patches, updates, improvements, additions and other modifications or revised versions thereof that may be provided by Cisco or its licensors from time to time.
1. USE OF SERVICE. Subject to the terms and conditions of this Agreement, Cisco grants to you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Service made available for free at www.immunet.com in accordance with applicable Documentation and solely for your personal use. Cisco may enhance and/or change the features of the Service at its discretion. In no event shall you use the Service for any commercial purpose. This Agreement may be changed, modified, supplemented or updated by Cisco from time to time. Any such modifications to the Agreement will be in effect immediately upon posting on www.immunet.com. You will be bound by any changed, modified, supplemented or updated Agreement if you choose to continue to use the free Service after such changes to the Agreement are posted.
2. SOFTWARE. You may need to download and install Software to use the Service. If so, you are granted a limited, non-exclusive, non-sublicensable and non-transferable license to use the Software for free to the extent required to use the Service and only for the term that you are entitled to use the Service. In your use of the Software, you may be granted access to certain open source code third party software that is provided for free for use in combination with the Cisco Materials. Notwithstanding this Section 2, such third party products are being made available to you pursuant to their respective third party agreements. A listing of these third party products may be available in the Documentation. You may obtain the source code to such open source code software in accordance with the directions set forth in the Documentation.
3. DOCUMENTATION. Subject to the terms and conditions of this Agreement, Cisco grants to you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Documentation solely in connection with your use of the Service pursuant to the license rights granted in Section 1 and Section 2. You acknowledge that the Documentation is Cisco’s confidential information.
4. RESTRICTIONS. You recognize and agree that the Cisco Materials are the property of Cisco or its licensors, contain valuable assets and proprietary information and property of Cisco and its licensors, and are provided to you under the terms and conditions of this Agreement. You agree not to do any of the following: (i) download, use, install, modify, display, reproduce, distribute or disclose the Cisco Materials (even if merged with other materials as a compilation) other than as allowed under Sections 1-2 of this Agreement; (ii) use the Service for any unlawful, infringing, defamatory or fraudulent purpose; (iii) interfere with the use of the Service by other authorized users or attempt to crash the Service or render it inoperable; (iv) sell or license the Cisco Materials (in whole or in part) to any third party; (v) rebrand the Service or frame or mirror the Service on any other server or computer; (vi) publish the results of benchmark tests relating the performance of the Service; (vii) translate, reverse engineer (except to the limited extent permitted by law), decompile, disassemble or create derivative works based on any Cisco Materials; (viii) rent or lease any rights in any Cisco Materials in any form to any person; (ix) use any Cisco Materials for the benefit of any third parties (e.g., in an ASP, managed security services, outsourcing, time-sharing or service bureau relationship) except as otherwise expressly permitted by Cisco; (x) remove, alter or obscure any copyright notice, proprietary notice, labels, logos or marks on the Cisco Materials; (xi) disable or circumvent any access control, authentication process or security procedure established with respect to any Cisco Materials; (xii) share any user authentication information and/or password with any third party; or (xiii) collect information or content from the website thru which the Service is provided by using automated means (such as harvesting bots, robots, spiders, or scrapers). You are responsible for all use of any Cisco Materials and for compliance with this Agreement.
5. OWNERSHIP. This Agreement does not transfer to you any title or any ownership right or interest in any Cisco Materials or in any intellectual property rights in the Cisco Materials. You acknowledge that the Cisco Materials contain, embody and are based upon patented or patentable inventions, trade secrets, copyrights and other intellectual property rights owned by Cisco and its licensors. Cisco reserves all rights not granted herein. If you provide Cisco feedback regarding Cisco Materials, you grant Cisco a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide license, with the right to sublicense, to use, reproduce, perform, display, distribute, modify, prepare derivative works of and otherwise exploit such feedback without restriction, and to make, sell, distribute and offer any product or service that incorporates such feedback.
6. SUPPORT. Technical support for the Service is limited to the forum support available at www.immunet.com. Should you submit technical support questions or comments to Cisco, you acknowledge and agree Cisco may edit and post those questions or comments with the response without revealing personal information on Cisco’s support web site and that all such questions or comments shall be Cisco’s property.
7. YOUR RESPONSIBILITIES. You are responsible for maintaining the security of all access codes, passwords, technical specifications and connectivity protocols necessary to enable you to access the Service. You are also responsible for protecting and backing-up the data created, used, stored and/or transmitted in connection with the use of the Service. Cisco shall have no liability whatsoever for any loss of, or failure to recover, such data, or any loss or disruption caused by failure to properly back-up the data and/or the Service on a periodic basis.
8. USE OF YOUR DATA. In your use of the Service, you will be providing Cisco with Non-Personal Information and data about your network and your Endpoints (e.g., Endpoint IDs, IP addresses, location, content, etc.) (“Your Data”). By using the Service and accepting this Agreement, you agree and consent to the collection, use, transfer, backup, and storage of Your Data by Cisco and its authorized service providers. You grant to Cisco and its authorized service providers a non-exclusive right and license to store and use Your Data for the purpose of providing you the Service. You also agree and consent that Cisco and its authorized service providers may as part of the Service, transfer, copy, backup and store Your Data in the United States, Europe, or in other countries or jurisdictions outside of your own where data protection standards may be different.
9. AGGREGATE DATA. The data collected as part of your use of the Service is necessary for the essential use and functionality of the Service (e.g. device identification, access control, threat detection, malware and conduct-related analysis), and is also used by Cisco to improve the operation and functionality of the Service. For these reasons you may not be able to opt out from some of this data collection other than by stopping your use of the Service. Regarding the Non-Personal Information, you grant to Cisco and its authorized service providers a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide license, with the right to sublicense to (i) combine your Non-Personal Information with data submitted by other customers (collectively, the “Aggregate Data”), (ii) use the Aggregate Data to provide the Service to you and other customers, and (iii) use the Aggregate Data for any other purpose.
10. PRIVACY. With respect to Personal Information that you may provide to Cisco in your use of the Service, Cisco will not process this information other than in accordance with Cisco’s Privacy Statement. By entering into this Agreement, you agree that Cisco’s Privacy Statement, as it exists at any relevant time, applies to you. The most current Privacy Statement can be found at: http://www.cisco.com/web/siteassets/legal/privacy_full.html.
11. DISCLAIMER. THE SERVICE, SOFTWARE AND ALL DOCUMENTATION PROVIDED BY CISCO HEREUNDER ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND CISCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY CISCO ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. CISCO DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR THE DOCUMENTATION PROVIDED UNDER THIS AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. CISCO DOES NOT GUARANTEE THAT THE SERVICE WILL DETECT OR REVEAL ALL MALWARE, CORRUPT FILES OR VIRUSES ON YOUR ENDPOINT DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, NETWORKS AND ENDPOINTS. CISCO DOES NOT WARRANT THAT THE SERVICE WILL PROTECT YOUR FILES, NETWORK OR ENDPOINTS FROM ALL MALWARE, VIRUSES OR THIRD PARTY MALICIOUS ATTACKS. YOU ACKNOWLEDGE THAT CISCO’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR YOUR BENEFIT ONLY.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL CISCO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR SOFTWARE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICE (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). IN NO EVENT SHALL CISCO’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE SERVICE AND THE SOFTWARE EXCEED FIFTY U.S. DOLLARS ($50.00USD). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
13. ESSENTIAL BASIS. The disclaimers, exclusions and limitations of liability set forth in this Agreement form an essential basis of the bargain between the parties, and, absent any of such disclaimers, exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
14. TERMINATION. You may terminate the Service by simply discontinuing your use of such Service and uninstalling the Software. Cisco may terminate your access to all or any part of the free Service and Software at any time, with or without cause and with or without notice.
15. LEGAL COMPLIANCE; RESTRICTED RIGHTS. The Service and Software are subject to export control laws and regulations. You shall comply with such laws and regulations governing use, export, re-export, and transfer of Service and Software and will obtain all required authorizations, permits or licenses. You will not use the Service from an embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria). You warrant that you are not on any U.S. Government denied party list. The export obligations under this Section shall survive the expiration or termination of this Agreement.
16. GENERAL. This Agreement is the parties’ complete agreement regarding its subject matter, superseding any prior oral or written communications. Under no circumstances will the terms of any purchase order issued by you control or otherwise negate the terms set forth in this Agreement. Sections 4, 5, 9 11–16 shall survive the termination or expiration of this Agreement. Any notices to you from Cisco regarding the Service or this Agreement will be posted on www.immunet.com or made by email or regular mail. Neither party shall be liable for any delay or failure due to a force majeure event and other causes beyond its reasonable control. If any provision of this Agreement is held to be illegal or unenforceable for any reason, then such provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under law, and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be governed by the laws of the State of California, without regard to choice-of-law rules or principles, and shall be subject to the jurisdiction of the California state and federal courts in Santa Clara County, California. You expressly agree with Cisco that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
© 2016 Cisco Systems, Inc. and/or its affiliates. All rights reserved.