LIMITED USE IR LICENSE AGREEMENT
This Limited Use IR License Agreement (“Agreement”) is made between SentinelOne, Inc. (“SentinelOne”) and the entity on whose behalf this Agreement is accepted (“IR User” or “You”). This Agreement becomes binding, and the “Effective Date” occurs, upon the earliest of: (a) Your clicking a checkbox, button, or similar mechanism indicating acceptance of this Agreement; (b) Your downloading or installing any Solutions for IR Use; or (c) Your first access to or use of any Solutions for IR Use. BY ACCEPTING THIS AGREEMENT OR DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOLUTIONS FOR IR USE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOLUTIONS AND MUST IMMEDIATELY DISCONTINUE ANY EXISTING USE. IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT, IN WHICH CASE “IR USER” AND “YOU” SHALL REFER TO THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS AGREEMENT OR DOWNLOAD, INSTALL, ACCESS, OR USE THE SOLUTIONS.
Capitalized terms will have the meaning assigned to such terms where defined throughout this Agreement. Each of SentinelOne or IR User is sometimes described in this Agreement as a “Party” and together, “Parties”, and the Parties agree as follows:
1. DEFINITIONS.
1.1 “Affiliate(s)” means any entity that directly, or indirectly through intermediaries, controls, is controlled by, or is under common control with a Party; provided, however, that Your Affiliates shall not include any entity that directly, or indirectly through intermediaries, competes with SentinelOne. The license granted to You herein includes the right for You and Your Affiliates to use the Solutions as stated herein, provided that You agree to remain fully responsible and liable under this Agreement for Your Affiliates’ use of the Solutions.
1.2 “Confidential Information” means all information disclosed (whether in oral, written, or other tangible or intangible form) by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) concerning or related to this Agreement or the Disclosing Party that is marked as confidential or proprietary, or that the Receiving Party knows or reasonably should know is confidential information of the Disclosing Party given the facts and circumstances surrounding the disclosure of the information by the Disclosing Party. Confidential Information includes, but is not limited to, this Agreement, proprietary and/or non-public technical, business, commercial, financial and/or legal information, such as, without limitation, any and all Solutions information generally shared with You and as specifically related to You, Solutions information gained by You through use of the Solutions, business plans, product information, pricing, financial plans, know how, Your information, strategies, and other similar information.
1.3 “Customer Data” means data ingested from Your Endpoints, or otherwise provided, by or on behalf of You to SentinelOne via Your use of the Solutions, excluding System Data.
1.4 “Data Protection Addendum” means the then-current terms describing data processing and security obligations with respect to Customer Data, available at https://www.sentinelone.com/legal/data-protection-addendum/. Solely for purposes of applying the Data Protection Addendum to this Agreement: (i) references in the Data Protection Addendum to the “MSA,” the “Agreement,” shall be deemed to refer to this Agreement; (ii) capitalized terms used in the Data Protection Addendum that are defined in this Agreement shall have the meanings given to them in this Agreement; and (iii) capitalized terms used in the Data Protection Addendum that are not defined in this Agreement shall have the meanings given to them in SentinelOne’s standard Master Subscription Agreement available at https://www.sentinelone.com/legal/master-subscription-agreement/, solely to the extent necessary to give effect to the Data Protection Addendum.
1.5 “Documentation” means SentinelOne’s then-current published documentation such as technical user guides, installation instructions, articles or similar documentation specifying the functionalities of the Solutions and made available by SentinelOne to Customer through the SentinelOne Knowledge Base on the customer portal (the “Customer Portal”), available at https://support.sentinelone.com/hc/en-us and as updated from time-to-time in the normal course of business.
1.6 “Endpoint(s)” means physical or virtual computing devices and/or computing environments (such as containers) that can process data.
1.7 “Intellectual Property Right(s)” means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
1.8 “IR Services Partner” means an incident response partner of SentinelOne.
1.9 “IR Use” means accessing and using the Solution(s) during the IR Use Period, at no charge, solely in connection with Your engagement with an IR Services Partner for the investigation, response to, remediation of, or recovery from one Security Incident.
1.10 “IR Use Period” means the period starting on the Effective Date and ending forty-five (45) days thereafter.
1.11 “Security Incident” means one event that jeopardizes the confidentiality, integrity or availability of one of Your information systems or the information such systems processes, stores, or transmits.
1.12 “Solution(s)” means the products and services offered by SentinelOne.
1.13 “Special Information” means sensitive personal data or other information requiring additional protections under applicable laws.
1.14 “System Data” means threat data, contextual data, detections, and indicators of compromise compiled by SentinelOne, that SentinelOne may use for security, product, and operations management, and/or for research and development.
2. LICENSE GRANT.
2.1 Limited License. Subject to the terms and conditions of this Agreement, SentinelOne hereby grants to You a limited, non-exclusive, non-transferable, revocable license to access, install and use the Solution during the IR Use Period solely for IR Use. The Solutions must be used in accordance with this Agreement and the Documentation. Your use of the Solution is limited to the scope as reasonably required for the IR Use during the IR Use Period.
2.2 Use with IR Services Partner. You may only use the Solutions with an IR Services Partner to manage the installation, onboarding and/or operation, investigation, response, remediation, or recovery activities associated with the IR Use of the Solutions on Your behalf. As between the Parties, (i) You remain responsible for all of Your obligations under this Agreement and for your engagement with any IR Services Partner; (ii) You will ensure the IR Services Partner only uses the Solutions for Your internal purposes and not for the benefit of any third party; and (iii) You remain liable to SentinelOne for the IR Services Partner’s acts and omissions on Your behalf. SentinelOne is not responsible for any acts or omissions of any IR Services Partner. You or the IR Services Partner on Your behalf may request an extension of the IR Use Period to complete the applicable IR Use. SentinelOne may, in its sole discretion, extend the IR Use Period by written notice to You or the IR Services Partner, and any such extension will apply solely to the applicable IR Use. SentinelOne has the right to terminate such extension at any time. For avoidance of doubt, You are solely responsible to grant any access to Customer Data to IR Services Partners, and SentinelOne will not provide such access.
2.3 Restrictions. Except as expressly authorized by the Agreement, You shall not do any of the following: (i) modify, disclose, alter, translate or create derivative works of the Solutions (or any components thereof) or any accompanying Documentation; (ii) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Solutions (or any components thereof) or any Documentation; (iii) use the Solutions other than as permitted under this Agreement, as directly related to Your internal business operations and in conformity with the Documentation, and not otherwise use the Solutions for any other commercial or business use, including without limitation by offering any portion of the Solutions as benefits or services to third parties; (iv) use the Solutions or upload Customer Data in violation of any laws or regulations, including, without limitation, to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party privacy rights; (v) use the Solutions to store, transmit or test for any viruses, software routines or other code designed to permit unauthorized access, disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions; (vi) probe, scan or test the efficacy or vulnerability of the Solutions, or take any action in an effort to circumvent or undermine the Solutions, except for the legitimate testing of the Solutions in coordination with SentinelOne, in connection with considering a subscription to the Solutions as licensed herein; (vii) attempt to or actually disassemble, decompile or reverse engineer, copy, frame or mirror any part or content of the Solutions, or otherwise derive any of the Solutions’ source code; (viii) access, test, and/or use the Solutions in any way to build a competitive product or service, or copy any features or functions of the Solutions; (ix) interfere with or disrupt the integrity or performance of the Solutions; (x) attempt to gain unauthorized access to the Solutions or their related systems or networks or fail to maintain commercially reasonable technical and organizational measures to secure its login information; (xi) disclose to any third party or publish in any media any performance information or analysis relating to the Solutions; (xii) fail to maintain all copyright, trademark and proprietary notices on the Solutions and any permitted copy thereof; or (xiii) upload, manage, or process any Special Information in the Solution; and/or (xiv) cause or permit any Solutions user or third party to do any of the foregoing.
2.4 Third Party Product. If you enable, access, or use any third-party products, applications, integrations, add-ons, connectors in connection with Solutions or IR Use (“Third-Party Products”), Your use of such Third-Party Products is governed by the applicable third-party terms. SentinelOne does not warrant, endorse, or assume responsibility or liability for any Third-Party Products, including their operation, security, data handling, or any interaction between You, Your IR Services Partner, and the applicable Third-Party Products provider. You are solely responsible for deciding whether to enable and/or use any Third-Party Products and/or for authorizing any access to or disclosure of Customer Data in connection with such Third-Party Products.
3. OWNERSHIP AND RESERVATION OF RIGHTS. As between the Parties, SentinelOne reserves all right, title, and interest in and to the Solutions (and any and all modifications to or derivative works of the Solutions), Documentation, System Data, and any and all Intellectual Property Rights embodied in such. No rights are granted to You except as expressly set forth in this Agreement.
4. CONFIDENTIALITY.
4.1 Obligations. The Receiving Party will maintain in confidence, during the term of this Agreement and for three (3) years following the expiration or earlier termination of this Agreement, all Confidential Information, and will not use such Confidential Information except as expressly permitted in this Agreement; provided that trade secrets shall be kept confidential unless and until they no longer qualify as trade secrets under applicable law. The Receiving Party will use the same degree of care in protecting the Confidential Information as the Receiving Party uses to protect its own confidential and proprietary information from unauthorized use or disclosure, but in no event less than reasonable care. Confidential Information will be used by the Receiving Party solely for the purpose of carrying out the Receiving Party’s obligations under this Agreement, and the Receiving Party will only disclose Confidential Information to its directors, officers, employees, Affiliates, and/or contractors, including Your designated IR Services Partner, who have a need to know such Confidential Information in order to assist the Receiving Party in performing its duties under this Agreement, and if such directors, officers, employees, Affiliates, and/or contractors or, as applicable, designated IR Services Partner have executed a non-disclosure agreement with the Receiving Party with terms no less restrictive than those contained in this Agreement or are otherwise bound by confidentiality obligations at least as protective as those set forth herein. However, each Party may disclose the terms and conditions of this Agreement: (i) to legal counsel of such Party; (ii) to such Party’s accountants, banks, financing sources and their advisors; (iii) in connection with the enforcement of its rights under this Agreement; or (iv) in connection with an actual or proposed merger, acquisition, or similar transaction. You remain responsible for any access to, use of, or disclosure of Confidential Information by Your designated IR Partner.
4.2 Exceptions. Confidential Information will not include information that: (i) is in or enters the public domain through no fault of the Receiving Party; (ii) the Receiving Party can reasonably demonstrate was in its possession prior to first receiving it from the Disclosing Party; (iii) the Receiving Party can demonstrate was developed by the Receiving Party independently and without use of or reference to the Confidential Information; or (iv) the Receiving Party receives from a third party without restriction on disclosure and without breach of such third party’s nondisclosure obligation. In addition, the Receiving Party may disclose Confidential Information that is required to disclose by law, or by a subpoena or order issued by a court of competent jurisdiction (each, a “Court Order”), provided that the Receiving Party shall: (a) give the Disclosing Party written notice of the Court Order promptly after receiving it; and (b) cooperate fully with the Disclosing Party to provide the Disclosing Party with the opportunity to interpose any objections it may have to disclosure of the information required by the Court Order and to seek a protective order or other appropriate relief. In the event of any dispute between the Parties as to whether specific information is within one or more of the exceptions set forth in this Section 4.2, Receiving Party will bear the burden of proof, by clear and convincing evidence, that such information is within the claimed exception(s).
4.3 Remedies. The Receiving Party acknowledges that any unauthorized disclosure of Confidential Information will result in irreparable injury to the Disclosing Party that would not be adequately compensated by the payment of money damages. In addition to any other legal and equitable remedies that may be available, the Disclosing Party will be entitled to injunctive relief against any breach or threatened breach by the Receiving Party of the confidentiality obligations hereunder, from any court of competent jurisdiction, without being required to show any actual damage or irreparable harm, to prove the inadequacy of its legal remedies, or to post any bond or other security.
5. DATA PRIVACY. The SentinelOne Data Protection Addendum is hereby incorporated by reference and shall apply to the extent SentinelOne processes Customer Data, including personal data contained therein, in connection with the IR Use.
6. REPRESENTATIONS, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY.
6.1 IR User Representation and Warranty. You represent and warrant that You are a legal entity, and not a natural person, and that the individual accepting this Agreement on Your behalf is duly authorized to bind You. You will comply with the Restrictions and will use the Solution solely for the applicable IR Use. You will ensure that any IR Services Partner accesses and uses the Solution on Your behalf solely in connection with the applicable IR Use. You acknowledge that SentinelOne has agreed to enter into this Agreement in reliance upon the correctness of Your above statement.
6.2 DISCLAIMER. THE SOLUTIONS PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS-IS" AND “AS-AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE, TRADE, OR COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE. SENTINELONE DOES NOT WARRANT THAT THE FUNCTIONS DELIVERED BY THE SOLUTIONS WILL MEET YOUR REQUIREMENTS, THAT THE SOLUTIONS SHALL BE ERROR FREE, THAT THE SOLUTIONS SHALL NOT CAUSE OTHER SYSTEM INTERRUPTIONS, THAT THE OPERATIONS OF THE SOLUTIONS WILL BE UNINTERRUPTED, SECURE AND/OR ERROR-FREE, THAT THE SOLUTIONS WILL FIND, LOCATE, DETECT OR IDENTIFY ALL THREATS, VULNERABILITIES, MALWARE AND MALICIOUS SOFTWARE, OR RESTORE SYSTEMS WHERE CONTROL OF SYSTEMS HAS BEEN COMPROMISED AND/OR THAT DEFECTS IN THE SOLUTIONS WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK TO THE ACCESS AND USE OF, RESULTS AND PERFORMANCE OF THE SOLUTIONS, AND ACKNOWLEDGE THAT USE OF THE SOLUTIONS BY YOU, TO THE EXTENT APPLICABLE, MUST BE MADE IN STRICT CONFORMANCE WITH THIS AGREEMENT, THE DOCUMENTATION AND SENTINELONE'S INSTRUCTIONS. SENTINELONE RECOMMENDS THAT YOU BACKUP ALL DATA, FILES AND APPLICATIONS ON YOUR SYSTEM PRIOR TO USING THE SOLUTIONS.
6.3 LIMITATION OF LIABILITY. WITHOUT LIMITING THE FOREGOING, IT IS UNDERSTOOD AND AGREED THAT SENTINELONE WILL NOT BE LIABLE FOR ANY NETWORK DOWNTIME, SOLUTIONS DOWNTIME, AND/OR IDENTIFYING AREAS OF WEAKNESS IN THE SOLUTIONS. WITH RESPECT TO THE IR USE OR USE OF THE SOLUTIONS, SENTINELONE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE OR TANGIBLE LOSS, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SOLUTIONS, OR ASSOCIATED INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE SOLUTIONS OR ACCESS TO ASSOCIATED INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF SENTINELONE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SENTINELONE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTY. WHILE THE SOLUTIONS ARE PROVIDED FREE OF CHARGE FOR IR USE ONLY, SENTINELONE’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF ACTUAL DAMAGES OR US $1,000. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF SENTINELONE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE PARTIES’ CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT (EXCLUDING ANY BREACHES OF SENTINELONE’S OBLIGATIONS RELATING TO CUSTOMER DATA).
6.4 Indemnification. You will defend, indemnify and hold harmless SentinelOne, together with its directors, officers, employees, contractors, agents, Affiliates, or other authorized representatives (collectively, “SentinelOne Indemnitees”) from any claims, suits, actions or proceedings (“Actions”) and any related losses, damages, liabilities, deficiencies, judgments, interest, awards, penalties, fines, costs (including reasonable attorneys’ fees), expenses of whatever kind, injuries to any persons or any other liabilities, arising out of or relating to Your (including any of Your employees, agents, Affiliates, IR Services Partner or subcontractors) acts or omissions under this Agreement, except to the extent that any Action alleges that Your use of the Solutions in accordance with this Agreement infringes or misappropriates a third party’s valid Intellectual Property Right.
7. TERMINATION.
7.1 Term and Termination. This Agreement shall be in full force and effect from the Effective Date and until the expiration of the IR Use Period, unless terminated earlier by You or SentinelOne. If the IR Use of the Solutions exceeds the IR Use Period without SentinelOne’s written consent, then SentinelOne has the right to charge You the fees for such use as identified in SentinelOne’s price list. If You wish to continue using the Solutions after the IR Use Period, You shall purchase a new license for the Solutions from SentinelOne under a separate agreement. This Agreement and the license granted to You hereunder will automatically terminate if You fail to comply with any of the terms or conditions of this Agreement or if You enter into a subsequent subscription for Solutions. Either Party may terminate this Agreement and its corresponding IR Use Period immediately upon sending written notice to the other Party.
7.2 Effects of Termination. Upon termination or expiration of this Agreement: (i) all rights and licenses granted to You under this Agreement will immediately terminate; (ii) upon receiving a written request from the Disclosing Party, the Receiving Party will promptly return to the Disclosing Party all Confidential Information of the Disclosing Party then in its possession or destroy all copies of such Confidential Information, at the Disclosing Party’s sole discretion and direction; and (iii) You will immediately cease all use of the Solutions and destroy and/or permanently delete all copies of any components of the Solutions in Your possession, uninstall the Solutions immediately after termination or expiration of this Agreement, and upon SentinelOne’s request, provide written confirmation of such uninstallation.
Notwithstanding any terms to the contrary in this Agreement, Sections 2.3 (Restrictions), 3 (Ownership and Reservation of Rights), 4 (Confidentiality), 5 (Data Privacy), 6.3 (Limitation of Liability), 6.4 (Indemnification), 7.2 (Effects of Termination), and 8 (General Provisions) will survive any termination or expiration of this Agreement.
8. GENERAL PROVISIONS.
8.1 Entire Agreement. This Agreement, together with all terms referenced herein (all of which are incorporated herein by reference) represents the complete agreement between the Parties concerning the IR Use and the Parties herein expressly agree that this Agreement supersedes all prior or contemporaneous potentially or actually conflicting terms in agreements, proposals, negotiations, conversations, discussions and/or understandings, whether written or oral, with respect to such subject matter and all past dealing or industry customs, (including without limitation any non-disclosure agreement among the Parties relating to any prior IR use of the Solution, excluding only any written agreement executed by SentinelOne, expressly referencing this Agreement and only to the extent expressly superseding specific terms in this Agreement). You may be subject to additional terms and conditions when You purchase or access other services, content or material of SentinelOne.
8.2 Independent Contractors. Neither Party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner or partner of the other Party, and the relationship between the Parties will only be that of independent contractors. Neither Party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever.
8.3 Governing Law and Venue. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, without regard to any conflict-of-law principles. Any claim, suit, action, or proceeding arising out of or related to this Agreement, any Purchase Order, or the Parties’ relationship shall be instituted only in the federal or state courts located in Santa Clara County, California, and the Parties irrevocably consent to the exclusive jurisdiction of such courts in any such claim, suit, action, or proceeding. Prior to the filing or initiation of any action or proceeding relating to this Agreement, the Parties must participate in good faith mediation in Santa Clara County, California (except an action or proceeding required to protect or enforce a Party’s Intellectual Property Rights). In any such claim, suit, action, or proceeding, the prevailing Party is entitled to reimbursement of its reasonable attorneys’ fees and costs.
8.4 Export Compliance. The Solutions and all other components of the Solutions that SentinelOne may provide or make available to You and Your users for IR Use are subject to U.S. export control and economic sanctions laws, including the Export Administration Regulations and trade and economic sanctions imposed by Office of Foreign Asset Control (“OFAC”). You agree not to violate such laws and regulations as they relate to Your access to and IR Use of the Solutions. You shall not access or use the Solutions if You are located in any jurisdiction in which the provision of the Solutions is prohibited under U.S. or other applicable laws or regulations, (each, a “Prohibited Jurisdiction”), and You agree not to permit access to the Solutions to any government, entity, or individual located in any Prohibited Jurisdiction, or to any person or entity currently included on the Specially Designated Nationals and Blocked Persons List or the Consolidated Sanctions List maintained by OFAC (“Prohibited Person”), or to any other person or entity in violation of any U.S. or other applicable export laws, regulations, embargoes, prohibitions, or restrictions. You agree to comply with all applicable laws regarding the export or re-export of technology from the U.S. and the country in which You and Your users are located. You represent and warrant that neither You nor any of Your Affiliate is an entity that (i) is directly or indirectly owned or controlled by any person or entity currently included on the Specially Designated Nationals and Blocked Persons List or the Consolidated Sanctions List maintained by OFAC, or (ii) is located in, or is directly or indirectly owned or controlled by any entity or individual located in, any Prohibited Jurisdiction.
8.5 Amendment and Waivers. No modification, addition, deletion, or waiver of any rights under this Agreement will be binding on a Party unless made in a written agreement executed by a duly authorized representative of each Party. No failure or delay (in whole or in part) on the part of a Party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy, and no waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law.
8.6 Notices. Any legal notice (whether this Agreement expressly states “written notice” or “notice”) or communication required or permitted to be given hereunder must be in writing, signed or authorized by the Party giving notice, and may be delivered to the address of the receiving Party as identified in the signature box below, in the case of SentinelOne to legal.notices@sentinelone.com.
8.7 Severability. If any provision of this Agreement is deemed invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless remain in full force and effect. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, such provision shall be reformed to the extent necessary to make it enforceable.