This Cylance End User License Agreement (“Agreement”) is entered into by and between Cylance Inc. (“Cylance”, “we”, “us” or “our”) and you, the person accepting this Agreement and registering for use of our proprietary software product (as defined in further detail below, the “Software”), or the organization or entity that has authorized you to accept this Agreement and register for access to the Software for its benefit (in either case “you”, “your” or “Client”), and governs your access to and use of the Software (defined below), including as a web-based hosted service made available by us via the hosted components of the Software if applicable (the “Service”), and as may be downloaded by you.
This Agreement includes the written ordering document issued to you by Cylance or an authorized Cylance distributor, reseller or OEM that identifies the Software licensed to you (“Ordering Document”) and any Cylance documentation expressly referenced herein, and constitutes the entire contract between you and Cylance with respect to the subject matter of this Agreement, and supersedes all prior agreements and understandings between you and us, whether written or oral. The terms of a purchase order or other ordering document are expressly rejected by both you and us, and our failure to object to such terms shall not be construed as a waiver of this Agreement nor an acceptance of such terms. If any provision of an Ordering Document directly conflicts with, or expressly supersedes, any term within the main body of this Agreement, then the provision of the Ordering Document shall govern solely for the Software and Services described therein.
BY EXECUTING THIS AGREEMENT, OR REGISTERING FOR, DOWNLOADING, ACCESSING OR USING THE SOFTWARE OR SERVICE, YOU CONFIRM THAT (1) YOU HAVE READ THIS AGREEMENT, (2) YOU AND ANY ORGANIZATION OR ENTITY ON WHOSE BEHALF YOU ARE ENTERING IN TO THIS AGREEMENT AND/OR USING THE SOFTWARE AND/OR SERVICE, ACCEPT THE TERMS OF THIS AGREEMENT, AND (3) IF YOU ARE AN INDIVIDUAL, THAT YOU ARE AN EMPLOYEE OR AGENT OF THE ORGANIZATION OR ENTITY ON WHOSE BEHALF YOU ARE ACTING, AND HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ORGANIZATION OR ENTITY.
IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT, THEN (I) WE ARE UNWILLING TO GRANT YOU RIGHTS TO THE SOFTWARE OR SERVICE, (II) YOU MUST CLICK ON THE “DO NOT ACCEPT” BUTTON BELOW; AND (III) YOU MAY NOT DOWNLOAD OR USE THE SOFTWARE OR SERVICE.
The effective date of this Agreement is the date on which you click the “ACCEPT” button below. Please print this Agreement for your records.