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MASTER PURCHASE AGREEMENT
<br />This Master Purchase Agreement (this "Agreement") is entered into as of [DATE] (the "Effective Date") by and
<br />between FireEye (as defined below) and , a corporation, with its
<br />principal place of business at ("Customer"). This Agreement will govern Customer's
<br />initial purchase of FireEye Offerings and any future orders by Customer as agreed between the parties in writing.
<br />FireEye shall provide its Offerings pursuant to the terms and conditions below. For good and valuable
<br />consideration, the parties hereby agree as follows:
<br />Structure and Order of Precedence. This Agreement provides the general terms under which the Customer may
<br />use FireEye's various Offerings. The explicit rights for the Customer to use and receive Products, Support Services
<br />or Subscriptions or otherwise engage with specific FireEye Offerings are set forth in the applicable Exhibit. In the
<br />event of conflict between any of the terms in this Agreement and an Exhibit, the Exhibit shall govern.
<br />GENERAL TERMS APPLICABLE TO ALL FIREEYE OFFERINGS
<br />1. DEFINITIONS.
<br />1.1 "Content Feed" means all intelligence and content feeds associated with Products, which may
<br />consist of inbound and outbound feeds that are part of FireEye's Dynamic Threat Intelligence (DTI) Cloud,
<br />downloads of Indicators for use with Products, and/or intelligence provided as part of the Advanced Threat
<br />Intelligence (ATI) Subscription.
<br />1.2 "Deliverables" means the written reports that are created specifically for Customer as a result of
<br />the Professional Services provided hereunder.
<br />1.3 "Documentation" means the user manuals generally provided in writing by FireEye to end users of
<br />the Products and Subscriptions in electronic format, as amended from time to time by FireEye.
<br />1.4 "FireEye" means (i) FireEye, Inc., a Delaware corporation with its principal place of business at 1440
<br />McCarthy Blvd., Milpitas, CA, 95035 with respect to Offerings that are shipped to, deployed or rendered inside
<br />of North America (including the United States, Mexico, Canada and the Caribbean), Central America and South
<br />America (collectively, the "Americas"); or (ii) with respect to all Offerings that are shipped to, deployed or
<br />rendered outside of the Americas, FireEye Ireland Limited, a company incorporated under the laws of Ireland
<br />with principal place of business at 2 Park Place, City Gate Park, Mahon, Cork, Ireland. FireEye includes the
<br />operating divisions Mandiant and iSIGHT.
<br />1.5 "FireEye Materials" means all FireEye proprietary materials, Deliverables, intellectual property
<br />related to Products or Subscriptions, (such as all rights in any software incorporated into a Product or Subscription,
<br />copyrights, and patent, trade secret and trademark rights related to Products, and screens associated with
<br />Products or Subscriptions), Documentation, any hardware and/or software used by FireEye in performing Services
<br />or providing Subscriptions, Content Feeds, FireEye's processes and methods (including any forensic investigation
<br />processes and methods), Indicators of Compromise, materials distributed by FireEye during Training, and any
<br />FireEye templates and/or forms, including report and presentation templates and forms. FireEye Materials does
<br />not include Third Party Materials.
<br />1.6 "Indicators of Compromise" or "Indicators" means specifications of anomalies, configurations, or
<br />other conditions that FireEye is capable of identifying within an information technology infrastructure, used by
<br />FireEye in performing Professional Services and providing Subscriptions.
<br />1.7 "Intellectual Property Rights" means copyrights (including, without limitation, the exclusive right to
<br />use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights
<br />(including, without limitation, trade names, trademarks, service marks, and trade dress), patent rights (including,
<br />without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors'
<br />rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or
<br />hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise
<br />under the law of the United States or any other state, country or jurisdiction.
<br />FireEye Master Purchase Agreement (Rev. 8/2016)
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