BY CLICKING ON THE “I AGREE” BUTTON, OR BY ACCESSING THE ALIENVAULT OTX REPUTATION MONITOR ALERTTM (THE “SERVICES”), YOU (“CUSTOMER” OR “YOU”) ARE AGREEING TO THIS AGREEMENT WITH ALIENVAULT, INC. (“ALIENVAULT”). IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT, PLEASE CONTACT YOUR SALES REPRESENTATIVE.

A. The AlienVault OTX Reputation Monitor AlertTM is an online service whereby a user provides a public facing IP address as well as domain name(s), and AlienVault will monitor the addresses for any suspicious activity, informing the user if any suspicious activity is found. Users are required to complete the sign-up process. Additionally, the user must have knowledge of (and responsibility for) the publicly routable IP address ranges for Customer's organization. Customer shall also comply with AlienVault’s privacy policy, available at www.alienvault.com.

B. Use of the Services; Termination: As a condition of Customer’s use of the Services, Customer agrees that it will not use the Services (i) to violate any applicable law, statute, ordinance or regulation; (ii) to disseminate content that is harmful, threatening, abusive, harassing, tortIous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iii) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; or (v) use the Services for any purpose other than their intended use.
AlienVault may terminate this Agreement and the Services, upon written notice for any material breach of this Agreement that Customer fails to cure within ten (10) days following written notice specifying such breach. In the event of termination of this Agreement for any cause, all of Customer’s rights and licenses shall cease.

C. Warranty and Disclaimer; Limit of Liability: AlienVault warrants that it will use reasonable commercial efforts to provide the Services in accordance with generally accepted industry standards and practices. THE EXPRESS WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. ALIENVAULT DOES NOT GUARANTEE ANY SPECIFIC RESULTS OF THE SERVICES, OR THE AVAILABILITY OF ANY SERVICES.
IN NO EVENT SHALL ALIENVAULT OR ITS SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR (A) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, OR (B) ANY COSTS OR EXPENSES FOR THE PROCUREMENT OF SUBSTITUTE EQUIPMENT OR SERVICES. NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF ALIENVAULT AND/OR SUPPLIERS AND/OR SUBCONTRACTORS UNDER THIS AGREEMENT OR ANY ENGAGEMENT HEREUNDER SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY CUSTOMER TO ALIENVAULT, OR (B) U.S. $500. ALL LIABILITY UNDER THIS AGREEMENT IS CUMULATIVE AND NOT PER INCIDENT.

D. Ownership: AlienVault exclusively owns the Services (and all intellectual property rights related thereto) including all related trademarks. AlienVault grants Customer a limited, terminable, non-exclusive license to use the services in accordance with this Agreement.

E. Choice of Law and Jurisdiction: The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the laws of the United States and of the State of California without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. Customer hereby irrevocably consents to jurisdiction of both the state or federal courts located in San Francisco County, California.

F. Amendment and Waiver; Assignment: This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party. Neither party shall be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized officer of such party. Such a waiver shall be limited specifically to the extent set forth in said writing. Waiver as to one event shall not be construed as waiver of any right or remedy as it relates to any subsequent event. Neither party may assign this Agreement or any right or obligation hereunder, without the other party’s prior written consent. However, AlienVault may assign this Agreement in the event of a merger or consolidation or the purchase of all or substantially all of its assets. This Agreement will be binding upon and inure to the benefit of the permitted successors and assigns of each party.

G. Force Majeure: If by reason of Force Majeure including, without limitation, earthquakes, governmental regulation, fire, flood, labor difficulties, civil disorder and all acts of God, a party is unable to perform in whole or in part its obligations as set forth in this Agreement, such party shall not be liable to the other for its failure to perform said obligations.

H. Severability: If the application of any provision or provisions of this Agreement to any particular set of facts or circumstances is held to be invalid or unenforceable by a court of competent jurisdiction, the validity of said provision or provisions to any other particular set of facts or circumstances shall not, in any way, be affected. Such provision or provisions shall be reformed without further action by the Parties to the extent necessary to make such provision or provisions enforceable when applied to that set of facts or circumstances.