END USER LICENSE AGREEMENT

End User License Agreement defines the terms under which the application can be used.

IMPORTANT LEGAL NOTICE TO ALL USERS: Read through the terms of the License Agreement carefully before you start using the application.

Running the Software, clicking the button that confirms that You accept the License Agreement during installation, or entering the corresponding character(s), constitutes Your unconditional acceptance of the terms of this License Agreement. If You do not agree with the terms of this License Agreement, you must abort the installation of the Software and\or delete the Software.

IF THERE IS A LICENSE CONTRACT IN ITS WRITTEN FORM OR A LICENSE CERTIFICATE ACCOMPANING THE SOFTWARE, THE TERMS OF THE SOFTWARE USE DEFINED IN THE LICENSE CONTRACT OR LICENSE CERTIFICATE PREVAILS OVER THE CURRENT END USER LICENSE AGREEMENT.

1. Definitions

1.1 Software means software including any Updates and related materials. 1.2 Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means Network Intelligence India Pvt. Ltd., a company incorporated according to the laws of India. 1.3 Computer — the operating system, virtual machine, or hardware, including the workstation, mobile device, or server for which the Software is intended and/or on which the Software is to be installed and/or used. 1.4 The Standard Version of the Software means the version of the Software provided to users free of charge and not requiring an activation procedure. 1.5 The Extended Version of the Software means the version of the Software with functionality available only after activation. The Extended Version of the Software under this Agreement also means Software which is not divided into Standard and Extended functionality. 1.6 End User (You/Your) means individual(s) installing or using the Software on their own behalf or who are legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “You” further means the organization for which the Software is downloaded or installed and it is represented hereby that this organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization”, without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority. For Software distributed free of charge, excluding Software provided for evaluation purposes, End User (You/Your) means only individual(s). 1.7 Partner(s) means organizations or individual(s), who distributes the Software based on an agreement and license with the Rightholder. 1.8 Update(s) — databases, improvements, patches, expansions and/or modifications for the Software. 1.9 Software expansions — additional software components and services provided by the Rightholder that extend the functionality of the Software and can be used with the Software or independently of it and for which a new license may need to be acquired or the existing one extended. Some expansions are provided free of charge and others for a fee. You can find out more about these expansions before acquiring them. 1.10 User Manual means user manual, administrator guide, reference book and related explanatory or other materials. 1.11 License Certificate means a document that is given to the User which is accompanied by an activation code as well as further information about the license. 1.12 User Account means the personal section of the Web-Portal created using data provided by the User when registering at the Web-Portal. The User Account allows the User to gain access to the Web-Portal to carry out the actions listed in the user manual.

2. Grant of License

2.1. You are granted a non-exclusive license to use the Software within the scope of the functionality described in the User Manual or on the Rightholder’s Technical Support website, provided You comply with all technical requirements, restrictions and terms of use specified in this License Agreement. Trial Version. If you have received, downloaded and/or installed a trial version of the Software and are hereby granted an evaluation license for the Software, you may use the Software only for evaluation purposes and only during the single applicable evaluation period, unless otherwise indicated, from the date of the installation of the trial version. Any use of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited. Multiple-Environment Software; Multiple-Language Software; Dual-Media Software; Multiple Copies; Bundles. If you use different versions of the Software or different language editions of the Software, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total permitted number of your Computers on which all versions of the Software are installed shall correspond to the number of computers specified in licenses you have obtained from the Rightholder provided that, unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software on the number of Computer(s) and/or for the number of User Accounts as is specified in Sections 2.2 and 2.3. The right to use the Software distributed free of charge is granted only to individuals, excluding Software provided for evaluation purposes. Software may be used by individuals only for personal non-commercial use. Use of Software distributed free of charge by legal entities excluding Software provided for evaluation purposes is strictly prohibited. 2.2. If the Software was acquired on a physical medium, you have the right to use the Software for the number of Computer(s) and/or User Accounts as is specified on the Software package. 2.3. If the Software was received/acquired via the Internet You have the right to use the Software for the number of Computers and/or User Accounts as was specified when You acquired the License to the Software. 2.4. You have the right to make a copy of the Software solely for back-up purposes and only to replace the legally owned copy if such copy is lost, destroyed, or becomes unusable. This back-up copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason according to the legislation in force in the country of your principal residence or in the country where You are using the Software. 2.5. You cannot transfer the non-exclusive license to use the Software to other entities within the scope of the license granted by the Rightholder. 2.6. After activating the Software (except Software intended for evaluation purposes) within the period specified on the package or specified during confirming a subscription order or purchasing the Software (if the Software acquired online), You will receive periodic updates and the latest versions of the Software from the Rightholder or its Partners, as well as technical support as per section 5.

3. Activation and Term

3.1. The period of use for the Standard version of the Software is not limited by the Rightholder. 3.2. If You modify Your Computer or make changes to other vendors’ software installed on it, you may be required by the Rightholder to repeat activation of the Software, the count of which may be limited by the Rightholder. 3.3. If the Software was received/acquired via the Internet, the Software can be used, upon your acceptance of this Agreement, for the period that was specified during acquisition. 3.4. If you have received the Software from a Partner, the period of effective use of the Software may be agreed upon between you and the Partner. 3.5. Where there is a License Certificate, the period of use of the Software is specified in the License Certificate. 3.6. Where there is a subscription, the period of use of the Software is specified when confirming the subscription. 3.7. If the Software is activated with a free license, the period of Software usage is restricted to 1 (one) month. If the Rightholder specifies a different license period, the User is duly informed. At the end of the period, the Rightholder may provide a new limited free license to use the Software at its own discretion. 3.8. If You received the Software from the Rightholder for evaluation purposes, the period of use of the Software is restricted to 1 (one) month. 3.9. If the Software acquired was intended for the prolongation of the right to use previously acquired Software, you can repeat activation of the Software only if the activation code for previously acquired Software is present. In the absence of this activation code, the period of effective use of the Software will be limited in accordance with the information shown when purchasing the license, on the packaging or online resource where you acquired the license. 3.10. For Software activated with a license for evaluation purposes as specified in section 2.1, the period of use of the Software can be obtained using the methods described in the User Manual. 3.11. Upon expiry of the Software license the functionality of the Software shall be limited as details of the limited functionality can be found at docs.firesec.io 3.12. After expiration of the Software license, you may be entitled to continue use of the Software for a grace period of fifteen (15) days, while the functionality of the Software may be limited. Details are available at docs.firesec.io 3.13. If You purchased the Software for use on more than one computer, the license period of the Software begins from the date of activation of the first Computer or is specified in the License Certificate where such a License Certificate exists. 3.14. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any time without notice to You be entitled to terminate this License to use the Software without refunding the purchase price or any part thereof. 3.15. The Rightholder reserves the right to limit the ability to activate the Software to the region in which the Software was intended to be sold from the Rightholder or its Partners. Information about these restrictions is available after completing the purchase of the Software license. 3.16. To check the legitimacy of the Software’s, use the Rightholder reserves the right to use means to verify that You have a licensed copy of the Software. The Software can transmit Rightholder license information needed to verify the legitimacy of the Software use. If the check cannot be performed in a reasonable amount of time, the functionality of the Software may be limited.

4. HANDLING DATA

4.1. You agree that use of the Software must be in accordance with its intended purpose and must not violate local legislation. 4.2. Your email address and other data provided during the account registration process can be transferred and further processed by a trusted third-party service provider of the Rightholder. This third-party service provider can process the data in countries where the level of personal data protection is lower than in Your country of residence. 4.3. You are responsible for any actions performed using Your account involving the resources of the Rightholder and/or its Partners. You agree that the Rightholder shall not be liable for the unauthorized use of Your account.

5. Technical Support

5.1. Rightholder or an Authorized Reseller, as applicable, will provide support in accordance with its standard support plans. Any enhancements and changes made by Rightholder or an Authorized Reseller to the Solution or Software as part of maintenance support, and information provided in the course of supplying maintenance support, shall be and remain at all times proprietary to and the sole property of the Rightholder and the provisions in this Agreement relating to the confidential and proprietary nature of the Solution and Software shall apply with equal force and effect to such enhancements, modifications, and changes. 5.2. User data stored on the Rightholder’s and/or its Partner’s resources may be used by Technical Support only when processing a request from the User.

6. Provision of information (if applicable).

6.1. In order to enhance the protection of information and improve the quality of the Software and services, You agree to automatically provide Network Intelligence India Pvt. Ltd. with information of a statistical and administrative nature, including, but not limited to, information about installed programs, license data, information on connected devices, checksums of processed objects, technical information about the Computer and devices connected to it, information about online activity of the device. More information is available at https://docs.firesec.io. 6.2. In order to identify new information to enhance the operational functionality for Users of the Software, and improve the quality of the product, you agree to automatically provide with information specified in the Terms of Use of Firesec. You further acknowledge and agree that any information gathered by Rightholder can be used to track and publish reports on security risk trends at the Rightholder’s sole and exclusive discretion.

7. Use of the functionality of third-party online services (if applicable).

7.1. If You use Software functions linked to data storage and\or backup on third-party FTP servers or through third-party online data storage services, you must be aware that the Rightholder is not responsible for the security (confidentiality, integrity, accessibility) of data stored on these resources. Access to information and its protection is governed by the relevant terms of use of the services.

You should familiarize yourself with the terms of security for FTP servers or online services before using them.

8. Limitations

8.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse-engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waiver able right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human-readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither the Software’s binary code nor source may be used or reverse-engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You. 8.2. You shall not transfer the rights to use the Software to any third party 9.3. You shall not provide the activation code to third parties or allow third parties access to the activation code and/or license key, which are deemed the confidential data of the Rightholder License code is confidential information. You are responsible for concealing and protecting your License code during the period of use of the Software. 8.3. You shall not rent, lease, or lend the Software to any third party. 8.4. You shall not use the Software in the creation of data or software used for detection, blocking, or treating config rules and policies described in the User Manual. 8.5. If You are using the trial version of the Software You do not have the right to receive the Technical Support specified in Section 5 of this Agreement and You do not have the right to transfer the license or the rights to use the Software to any third party. 8.6 Violation of the intellectual rights to the Software shall result in civil, administrative, or criminal liability in accordance with the law.

9. Limited Warranty and Disclaimer

9.1. The Rightholder guarantees the operation of the Software as described in the User Manual and, if supported versions of the Software are used, the installation by the User of all the latest updates for the Software, unless otherwise stipulated in the License Agreement. The list of supported versions is available at https://docs.firesec.io. 9.2. You agree that if needed the Software automatically downloads extensions for web browsers, which are necessary to ensure basic functionality of the licensed Software. 9.3. You acknowledge, accept, and agree that no software is error-free, and you are advised to back up the data and computer with the frequency and reliability suitable for you. 9.4. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement. 9.5. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Section 2.6 of this Agreement. 9.6. The Rightholder does not guarantee the availability of the functionality described in the User Manual on expiry of the period specified in Section 3 of this License Agreement. 9.7. You acknowledge that the Software will be provisioned with Firesec standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements. 9.8. You acknowledge and agree that the Software will engage in actions necessary for performance. 9.9 THE SOFTWARE IS PROVIDED “AS IS” AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.

10. Exclusion and Limitation of Liability

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABLE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE). NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

11. GNU and Other Third Party Licenses

11.1 The Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code “Open-Source Software”). If these licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code could be found either on their respective website or GitHub repository, or could be made available by sending a request to info@firesec.io If any Open-Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open-Source Software program that are broader than the rights granted in this Agreement, then these rights shall take precedence over the rights and restrictions herein.

12. Intellectual Property Ownership

12.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its partners and that the Rightholder and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark, and patents of India as well as other countries and international treaties. This Agreement does not grant You any rights to the intellectual property, including any Trademarks or Service Marks of the Rightholder and/or its partners (“Trademarks”). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner’s name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The Rightholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, updates, or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Rightholder reserves all rights not expressly granted to you in this Agreement. 12.2. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.

13. Governing Law

13.1. This Agreement shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Software, without reference to or application of conflicts of laws principles: a. India. If you obtained the Software in India, the laws of India. b. United States, Puerto Rico, American Samoa, Guam, and U.S. Virgin Islands. If you obtained the Software in the United States, Puerto Rico, American Samoa, Guam or the U.S. Virgin Islands, the laws of the Commonwealth of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury. c. Canada. If you obtained the Software in Canada, the laws of the Province of Ontario. d. Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico. e. European Union (EU). If you obtained the Software in a member country of the EU, the laws of England. f. Australia. If you obtained the Software in Australia, the laws of the State or Territory in which you obtained the license. g. Hong Kong Special Administrative Region (SAR) and Macau SAR. If you obtained the Software in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR. h. Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan. i. Japan. If you obtained the Software in Japan, the laws of Japan. j. Any Other Country or Territory. If you choose to obtain the Software in another country, the substantive laws of the country where the purchase took place will be in effect. 13.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Section 14.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country. 13.3. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 13.4. The End User is responsible for contacting only the Right Holder or their partners directly if having any problems with the product.

14. Period for Bringing Actions

14.1. No action, regardless of form, arising out of the transactions under this Agreement may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

15. Entire Agreement; Severability; No Waiver

15.1. This Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications, or advertising, oral or written, with respect to the Software or to the subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach. Rightholder’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

Rightholder Contact Information

Should you have any questions concerning this Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Service Department at:

Network Intelligence Pvt. Ltd. 204, Ecospace IT Park, Andheri East, Mumbai. India E-mail: info@firesec.io Web site : www.firesec.io

© 2018-2023 Network Intelligence Pvt. Ltd. All Rights Reserved.

The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.