SkyFormation End User License Agreement

END USER LICENSE AGREEMENT
Last updated at: Feb 24, 2019

ACCEPTANCE.
1. By installing the SkyFormation Software ("Software“)
  and/or clicking the “I agree” button (or any similar button)
  and/or using the Software and/or any services provided by
  SkyFormation Ltd. (”Licensor“ or "SkyFormation") in connection with the
  Software (”Services", together with the Software, the
  "Software Product“), user (”Licensee“) agrees to be
  legally bound by this End User License Agreement (”EULA")
  the Licensor. If Licensee does not agree to the terms of this
  license, Licensee must not install or use or attempt to use or
  install the Software Product.
2. Licensor may amend the terms of this EULA from time to time and
  each amended EULA will be in effect from the time it is first
  posted on
  https://support.skyformation.com/hc/en-us/articles/360015157094-SkyFormation-End-User-License-Agreement-.
GRANT OF LICENSE.
1. Subject to the terms and conditions of this EULA, Licensor
  grants Licensee a limited, personal, non-exclusive,
  non-transferable, non-sub-licensable license to download,
  install and use the Software Product subject to the terms
  hereof, solely for the purpose of monitoring Licensee’s own
  cloud services.
2. If Licensee monitors cloud services owned by different entities
  ("Multi-Tenants“), Licensee must make sure that it has
  executed Managed Security Service Provider (”MSSP")
  Partner Agreement with SkyFormation, and is in strict compliance
  with such agreement.
LICENSE RESTRICTIONS.
1. Licensee must install the Software Product in accordance with
  the terms hereof and any additional instructions of the
  Licensor. Except as expressly and unambiguously permitted
  hereunder, Licensee may not, and/or permit anyone else to,
  directly or indirectly: (i) commercially distribute, rent,
  lease, market, sublicense, resell or otherwise transfer the
  Software Product; (ii) copy or modify the Software Product
  either alone or in conjunction with any other product or
  program; (iii) alter, tamper with, repair, or otherwise create
  derivative works of any software included in the Software
  Product, or apply any other process or procedure to derive the
  source code of any software included in the Software
  Product, (iii) decompile, disassemble or reverse engineer all or
  any portion of the Software Product, or apply any other process
  or procedure to derive the source code of any software included
  in the Software Product; (iv) remove any identification,
  including copyright, trademark, patent or other notices,
  contained in or on the Software Product; or (v) use the
  Licensor’s name, logo or trademarks without prior written
  consent from Licensor.
2. Any right not explicitly granted to Licensee is reserved to the
  Licensor or its licensors, if any.
3. It shall hereby be clarified that Licensee’s use of the
  Software Product is subject to the existence of and Licensee’s
  compliance with valid agreements ("Third Party
  Agreements") between the Licensee and the third party
  providers of cloud services and/or cloud applications, which
  Licensee uses in connection with the Software Product
  (collectively "Cloud Service Providers"). In case Licensee
  is not party to valid Third Party Agreement(s) with the Cloud
  Service Providers, and/or does not comply with all the terms of
  such Third Party Agreement(s), Licensee must not use, or must
  immediately stop using the Software Product.
4. Licensee acknowledges that SkyFormation may occasionally bring
  down part or all of its system for maintenance purposes.
OWNERSHIP; COPYRIGHT PROTECTION.
1. The Software Product is licensed, not sold. As between the
  parties, all title, ownership rights, and intellectual property
  rights (including all copyrights, patents, trade secret rights
  and trademarks) in and to the Software Product, including all
  documentation, shall remain in Licensor, its affiliates, or
  their respective suppliers and licensors, if any.
2. If Licensee provides any feedback to Licensor concerning the
  Software Product (including but not limited to identifying
  potential errors, enhancements and improvements)
  ("Feedback"), Licensee hereby assigns to Licensor all right,
  title, and interest in and to the Feedback. Licensor may use
  such Feedback without any payment or restriction.
AUTOMATIC UPDATES.
1. Licensee acknowledges that the Software Product may include
  automatic updating. Licensee will be provided with an option to
  activate/deactivate such automatic updates when available.
TERM AND TERMINATION.
1. The EULA is effective as of the day Licensee installs the
  Software Product.
2. Licensor shall be entitled to terminate this Agreement at any
  time and for any reason or for no reason without any prior
  notice.
3. Any failure to comply with this EULA or the termination hereof
  (whichever occurs first) will result in the automatic and
  immediate termination of the license granted herein. Upon
  termination of the license granted herein for any reason,
  Licensee agrees to immediately cease the use of the Software
  Product and destroy all copies, full or partial, of the licensed
  Software Product.
4. Any financial obligations incurred by the Licensee before the
  termination of this Agreement shall survive any expiration or
  termination of the EULA.
5. The following provisions will survive any termination of this
  EULA: Sections 4, 6.3, 6.4, 6.5, 8-13.
EXTERNAL SERVICES.
1. Licensee understands that when using the Software Product,
  Licensee is exposed to third-party content, services and
  websites ("External Services"), and that Licensor is not
  responsible for the accuracy, usefulness, safety, or
  intellectual property rights of or relating to such External
  Services, and Licensee agrees to waive, and hereby does waive,
  any legal or equitable rights or remedies Licensee might have
  against Licensor with respect thereto.
2. Licensee acknowledges that Licensor is not responsible for the
  privacy practices with respect to the External Services. Any
  information collected by third parties (including but not
  limited to cloud providers) is subject to such third parties’
  privacy policies.
PRIVACY; DISCLOSURE OF INFORMATION.
1. Licensor does not collect any personal information via the
  Software Product.
2. Without derogating from the above, Licensor may collect certain
  non-personal data, as set forth in SkyFormation’s privacy
  policy at
  http://www.skyformation.com/skyformation-privacy-policy, and
  as may be amended from time to time ("Data").
3. Licensor may disclose any Data if Licensor has a good faith
  belief that disclosure of such information is reasonably
  necessary to (i) comply with any applicable law, regulation,
  legal process or governmental request; (ii) detect, prevent, or
  otherwise address fraud or security issues; or (iii) protect
  against harm to the rights, property or safety of Licensor, its
  users, Licensee, or the public.
4. In the event that Licensor is acquired by or merged with a third
  party entity, Licensor reserves the right to transfer or assign
  any Data as part of such merger, acquisition, sale, or other
  change of control. In such case, the Data will be subject to the
  privacy policy of the purchaser or assignee.
DISCLAIMER.
1. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE PRODUCT IS
  PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND THE LICENSOR,
  ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD PARTY LICENSORS, IF
  ANY, DISCLAIM ANY WARRANTIES, INCLUDING WITHOUT LIMITATION
  REGARDING THE SECURITY, RELIABILITY, TIMELINESS, PERFORMANCE OF
  THE SOFTWARE PRODUCT, MERCHANTABILITY, FITNESS FOR A PARTICULAR
  PURPOSE AND NONINFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT
  THE SOFTWARE PRODUCT AND/OR THE EXTERNAL SERVICES WILL OPERATE
  ERROR-FREE, THAT THE SOFTWARE PRODUCT AND/OR THE EXTERNAL
  SERVICES IS FREE OF COMPUTER VIRUSES OR ANY OTHER HARMFUL
  MECHANISMS, OR THAT THE LICENSOR WILL CORRECT ANY ERRORS IN THE
  SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
  BY LICENSOR OR ANYONE ON ITS BEHALF WILL CREATE A WARRANTY.
LIMITATION OF LIABILITY.
1. IN NO EVENT SHALL THE LICENSOR, ITS AFFILIATES, SUBSIDIARIES OR
  ITS THIRD PARTY LICENSORS, IF ANY, BE LIABLE FOR ANY DAMAGES
  WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL,
  INDIRECT, DIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES)
  ARISING, IN CONNECTION WITH THE SOFTWARE PRODUCT, THIS EULA, OUT
  OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT FOR ANY
  REASON, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE
  DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF
  USER’S DATA, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE
  POSSIBILITY OF SUCH DAMAGES.
2. WITHOUT DEROGATING FROM ANY OF THE FOREGOING, LICENSOR’S TOTAL
  AGGREGATE LIABILITY UNDER THIS AGREEMENT, IF ANY, TO LICENSEE OR
  ANY THIRD PARTY, IN CONNECTION WITH ANY CLAIM RELATING TO THE
  SOFTWARE PRODUCT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY
  LICENSEE TO LICENSOR FOR THE SOFTWARE PRODUCT, IF ANY, IN THE 6
  MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM,
  FOR USING THE SOFTWARE PRODUCT.
3. THE EXISTENCE OF ONE OF MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.
  WITHOUT DEROGATING FORM THE ABOVE, NO ACTION ARISING UNDER OR
  RELATING TO THIS AGREEMENT, REGARDLESS OF ITS FORM, MAY BE
  BROUGHT AGAINST THE LICENSOR THAN SIX (6) MONTHS AFTER THE CAUSE
  OF ACTION HAS ACCRUED AND IN ANY EVENT NO LATER THAN THREE (3)
  MONTHS AFTER THE TERMINATION OF THIS AGREEMENT.
INDEMNIFICATION.
1. Licensee shall indemnify, hold harmless, and defend the
  Licensor, its affiliates, directors, employees, and agents, from
  and against any loss, liability, damages, costs or expenses
  (including but not limited to reasonable attorney’s fees)
  arising from or incurred as a result of (i) Licensee’s acts or
  omissions hereunder; or (ii) Licensees violation of any terms of
  this EULA. Licensor reserves the right, at Licensee’s expense,
  to assume the exclusive defense and control of any matter
  subject to indemnification by Licensee.
EXPORT CONTROLS
1. Licensee acknowledges that the Software Product may be subject
  to international rules that govern the export of the Software
  Product. Licensee agrees to comply with all applicable
  international and national laws that apply to the Software
  Product as well as APPLICABLE end-user, end-use and destination
  restrictions issued by national governments.
MISCELLANEOUS.
1. This EULA constitutes the single and entire agreement applying
  to the Licensee’s use of the Software Product, and supersedes
  any prior representations and negotiations, if any; all other
  terms which are not expressly incorporated herein.
2. This EULA may only be modified by Licensor.
3. If any portion of this EULA is held to be invalid or
  unenforceable, the remaining portions of this EULA will remain
  in full force and effect. Any invalid or unenforceable portions
  will be interpreted to effect and intent of the original
  portion. If such construction is not possible, the invalid or
  unenforceable portion will be severed from this EULA but the
  rest of the EULA will remain in full force and effect.
4. The failure by Licensor to enforce any provision of this EULA
  will not constitute a present or future waiver of such provision
  nor limit Licensor’s right to enforce such provision at a later
  time. All waivers by Licensor must be in writing to be
  effective.
5. The terms of this EULA are personal to Licensee and may not be
  assigned or transferred for any reason whatsoever without the
  prior written approval of the Licensor and any action or conduct
  in violation of the foregoing shall be void and without effect.
6. This Agreement shall be governed by the laws of the State of
  Israel. The competent courts located of Tel Aviv, Israel shall
  have exclusive jurisdiction to adjudicate any dispute arising
  out of this Agreement.
7. Contact Information. For any lack of clarity with respect to the
  terms hereof or for any questions Licensee may have, Licensee is
  invited to contact the Licensor at legal@skyformation.com.

Articles in this section

Comments

Articles in this section

Related articles