|
2.5 FireEye Intelligence Center. During the Subscription Term, FireEye will provide access to the FireEye
<br />Intelligence Center (FIC), which includes the Community Threat Intelligence (CTI) platform, subject to the
<br />following:
<br />(a) Permitted Use; Reports. Customer may access, view and use FIC and content appearing on FIC ("FIC
<br />Content") solely for internal use. Some features of FIC may allow Customer to generate a report (each,
<br />a "FIC Report"). FIC Reports and FIC Content are FireEye IP. Subject to Customer's payment obligations,
<br />FireEye grants to Customer a limited, non-exclusive right to produce FIC Reports using FIC, and
<br />reproduce and distribute those FIC Reports and FIC Content internally for Customer's own business
<br />purposes.
<br />(b) Additional Use Limitations. Customer may appoint up to fifteen (15) users of FIC at any time. Each day,
<br />all users on Customer's account may collectively make up to (A) one hundred (100) queries of IP
<br />addresses and domain names and (B) one hundred (100) queries of malware. Customer may request
<br />additional queries, to be evaluated by FireEye on a case by case basis.
<br />(c) User Content. "User Content" means any communications, images, sounds, and all the material and
<br />information that Customer or anyone using Customer's account contributes to or through FIC, including
<br />any contributions to or through the CTI platform (e.g., comments to FIC Content, suspected malware
<br />that Customer uploads to FIC). Customer hereby grants FireEye a perpetual, irrevocable, worldwide,
<br />paid -up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce,
<br />fix, adapt, modify, translate, reformat, create derivative works from, publish, distribute, sell, license,
<br />transmit, publicly display, publicly perform, or provide access to electronically, broadcast, display,
<br />perform, and use and practice such User Content as well as all modified and derivative works thereof.
<br />Customer represents that Customer has all necessary rights to grant the license referenced in the
<br />preceding sentence. FireEye may use and disclose any of the information it collects about its customers'
<br />use of FIC, including CTI, to the extent such information is de -identified.
<br />(d) Restrictions. Customer may not access FIC by any means other than through the interface that is
<br />provided or approved by FireEye. Customer will not collect any information from or through FIC using
<br />any automated means, including without limitation any script, spider, "screen scraping," or "database
<br />scraping" application, and Customer will not damage, disable, overburden, or impair FIC or interfere
<br />with any other party's use and enjoyment of FIC.
<br />(e) Customer acknowledges that some optional features and content appearing on FIC may require
<br />payment of additional fees.
<br />2.6 Reseller and Partner Purchases. If Customer receives the Subscription via a FireEye authorized services or
<br />support partner (a "Partner"), Customer agrees that the Subscription and FaaS Reports may be delivered to
<br />Customer through the Partner. Notwithstanding any other confidentiality obligations between the parties,
<br />Customer authorizes FireEye to disclose information related to the Subscription and Customer Data to Partner.
<br />2.7 Customer Networks. The Subscription may only be provided for computer systems and networks leased
<br />to or owned by Customer, and under Customer's control, up to the number of Nodes allowed, as set forth in the
<br />applicable Subscription Order.
<br />2.8 Connectivity Requirements. Unless otherwise specified, the Subscription are provided by FireEye personnel
<br />remotely accessing Customer's environment from FireEye's networks. Customer must provide outbound TCP-
<br />based connectivity from all Products to FireEye for the establishment of a virtual private network (VPN). Details
<br />pertaining to specific network access requirements will be established in conjunction with installation activities.
<br />2.9 Credential Security. Customer will be responsible for the following: (a) providing accurate information to
<br />FireEye for provisioning access to (and removal of) Customer personnel access to the FaaS Portal; (b)
<br />implementing and adhering to strong password standards; (c) providing accurate information to FireEye for
<br />domain whitelisting; and (d) reporting any security issues related to the Subscription (including the FaaS Portal)
<br />to FireEye immediately.
<br />2.10 Exclusions. Notwithstanding anything else contained in this Agreement to the contrary, FireEye shall have
<br />no obligation or responsibility to provide the Subscription for (i) Products for which Customer does not have an
<br />active Subscription in place; (ii) Products that the Customer (or FireEye or another third party on Customer's
<br />behalf) has configured with a one-way feed of FireEye's Dynamic Threat Intelligence (DTI) Subscription; (iii)
<br />Confidential FireEye Rev. 8/2016
<br />Page 17
<br />
|