General Terms Applicable to all FireEye Offerings
1.1 “Content Feed”
means all intelligence and content feeds associated with Products and
Subscriptions, which may consist of inbound and outbound feeds that
are part of FireEye’s Dynamic Threat Intelligence (DTI) Cloud,
downloads of Indicators for use with Products and Subscriptions,
and/or intelligence provided as part of Advanced Threat Intelligence (ATI).
1.2 “Deployment and Integration Services” or “D&I
Services” means professional services provided by FireEye for the
purpose of assisting the Customer in deploying, configuring, and
integrating the FireEye Offerings.
1.3 “Documentation” means the user manuals generally
provided in writing by FireEye to end users of the Products and
Subscriptions in electronic format, as amended from time to time by FireEye.
1.4 “FireEye” means (i) FireEye Security Holdings US LLC,
a Delaware limited liability company with its principal place of
business at 601 McCarthy Blvd., Milpitas, CA, 95035 with respect to
Offerings that are shipped to, deployed or rendered inside of North
America (including the United States, Mexico, Canada and the
Caribbean), Central America and South America (collectively, the
“Americas”); or (ii) with respect to all Offerings that are shipped
to, deployed or rendered outside of the Americas, FireEye Ireland
Limited, a company incorporated under the laws of Ireland with
principal place of business at 2 Park Place, City Gate Park, Mahon,
1.5 "FireEye Materials" means all FireEye
proprietary materials, intellectual property related to Products,
Services, or Subscriptions, (such as all rights in any software
incorporated into a Product or Subscription, copyrights, and patent,
trade secret and trademark rights related to Products, and screens
associated with Products or Subscriptions), Documentation, any
hardware and/or software used by FireEye in performing Services or
providing Subscriptions, Content Feeds, FireEye’s processes and
methods (including any forensic investigation processes and methods),
Indicators of Compromise, materials distributed by FireEye during
Training, and any FireEye templates and/or forms, including report and
presentation templates and forms. FireEye Materials does not include
Third Party Materials.
1.6 "Indicators of Compromise" or
"Indicators" means specifications of anomalies,
configurations, or other conditions that FireEye can identify within
an information technology infrastructure.
1.7 “Intellectual Property Rights” means copyrights
(including, without limitation, the exclusive right to use, reproduce,
modify, distribute, publicly display and publicly perform the
copyrighted work), trademark rights (including, without limitation,
trade names, trademarks, service marks, and trade dress), patent
rights (including, without limitation, the exclusive right to make,
use and sell), trade secrets, moral rights, right of publicity,
authors’ rights, contract and licensing rights, goodwill and all other
intellectual property rights as may exist now and/or hereafter come
into existence and all renewals and extensions thereof, regardless of
whether such rights arise under the law of the United States or any
other state, country or jurisdiction.
1.8 “Offerings” means, collectively, Products,
Subscriptions, Training, D&I Services and Support Services.
1.9 “Order” means a written purchase order or similar
ordering document, signed or submitted to FireEye by Customer and
approved by FireEye, under which Customer agrees to purchase Offerings.
1.10 “Products” means the FireEye software and hardware
products (which may include embedded software or firmware components),
provided as an on-premises deployment model, as described in the
Product Schedule to this Agreement.
1.11 "Service" or "Services" means the
D&I Services, Support Services and Training.
1.12 "Statement of Work" or “SOW” means a
mutually agreed-upon document between FireEye and Customer, describing
D&I Services, rates and timelines (if applicable) for those
Services, and incorporating this Agreement.
1.13 “Subscription” means a service provided by FireEye for
a fixed term, under which FireEye provides access to certain features,
functionality, and/or information, as described in the applicable
Schedule for each Subscription attached to this Agreement.
1.14 “Support Services” means the Product and Subscription
support and maintenance services provided by FireEye with respect to
each Product and Subscription, as described in the applicable Schedule
for each Product or Subscription.
1.15 “Third Party Materials” means software or other
components that are licensed to FireEye by third parties for use in
1.16 “Training” means training in the use of Products or
Subscriptions, or on security-related topics in general, provided by FireEye.