Solutions Addendum: Singularity Platform Terms
SOLUTIONS ADDENDUM: SINGULARITY PLATFORM TERMS
These Singularity Platform Terms (“Singularity Terms”) are between SentinelOne, Inc. (“SentinelOne”) and the customer (“Customer”) who has an active governing agreement (“Agreement”) in place with SentinelOne and who has purchased a subscription to the Singularity Platform (as defined below) and/or any SentinelOne Services (as defined below) in a Purchase Order or is Evaluating the Singularity Platform. Capitalized terms defined in these Singularity Terms shall apply to these Singularity Terms and any terms not defined in these Singularity Terms shall have their meaning as defined in the Agreement.
1.1 “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 as updated from time-to-time in the normal course of business.
1.2 “Hardware” means the hardware appliance Customer may purchase that comes preloaded with the software licensed under the applicable Purchase Order.
1.3 “Sample Malware Kit” means an evaluation framework comprising of malware and exploit samples provided by SentinelOne.
1.4 “SentinelOne Services” means Singularity Support, Technical Account Management (“TAM”), SentinelOne’s Vigilance Service, Incident Response service, or other services.
1.5 “Singularity Platform” means SentinelOne’s singularity platform including its malware protection, detection and remediation solutions, endpoint detection and response solutions, device discovery and control solutions, identity and directory management security solutions, and other solutions offered by SentinelOne over time, directly or through a Partner, together with the software underlying such products and services and any Enhancements.
1.6 “Singularity Support” means services related to the Singularity Platform, software tools and/or applications from SentinelOne, including but not limited to support services.
1.7 “Test Environment” means an isolated environment provided by SentinelOne to test the Solution(s) on.
2.1 Scope of Agreement. These Singularity Terms governs Customer’s purchase of a subscription to the Singularity Platform. Customer agrees to accept all Enhancements necessary for the proper function of the Singularity Platform as released by SentinelOne from time to time, and further agrees that SentinelOne shall not be responsible for the proper performance of the Singularity Platform or security issues encountered with the Singularity Platform related to Customer’s failure to accept Enhancements in a timely manner.
2.2 Related Services and Products. As an active Customer subscribing to the Singularity Platform under this Agreement, during the Subscription Term, or during an Evaluation Period, Customer may receive and/or subscribe to Singularity Platform offerings or SentinelOne Services as detailed in a relevant Purchase Order. Customer’s subscription to Singularity Platform offerings or SentinelOne Services is subject in each case to applicable terms and conditions of this Agreement as well as the specific terms for each such SentinelOne Services and Singularity Platform products detailed here: https://www.sentinelone.com/legal/.
2.3. Documentation. All use of the Singularity Platform shall be in accordance with the then-current Documentation.
2.4. License Grant.
2.4.1 Singularity Platform License. Subject to Customer’s compliance with the terms and conditions of this Agreement, SentinelOne hereby grants Customer a worldwide, non-transferable, non-exclusive license during the Subscription Term or any Evaluation Period to access, use, execute, install (as provided for by the applicable Purchase Order), store, and display the Singularity Platform (including Enhancements) solely in support of Customer’s (and Customer’s Affiliate(s)) internal business and security and operations, in accordance with the Documentation describing the permissible use of the Singularity Platform (“License”). The License granted herein is limited to the quantity of Endpoints as set forth in a valid Purchase Order. Customer agrees that in providing the Solution, SentinelOne reserves the right, but does not have the obligation, to monitor and access the Solutions to remediate suspected illegal activity and to prevent harm. SentinelOne will make the SentinelOne Software available to Customer via download the Site or other means determined by SentinelOne. The Solution may be capable of modifying, retrieving, exporting and deleting data on an ad-hoc or automated basis, and which is solely determined by the Customer and use of such functionality may retrieve Special Information. Customer acknowledges that because it fully controls this type of data retrieval it shall take sole responsibility for any data retrieved in this manner by its personnel.
2.4.2 Evaluations and Software Malware Kit. Unless otherwise agreed to in writing, Customer may install the Sample Malware Kit in a non-production-controlled environment, which is not connected to a production network, with access to only the SentinelOne’s management server, all in accordance with the Documentation and under the direction of SentinelOne. SentinelOne may also provide a Test Environment for Customer to conduct malware testing. During and following the Evaluation Period, the Parties shall discuss Evaluation results in good faith.
LICENSE RESTRICTIONS. Except as expressly authorized by these Singularity Terms, Customer shall not do any of the following: (i) modify, disclose, alter, translate, or create derivative works of the Singularity Platform (or any components thereof) or any accompanying Documentation; (ii) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Singularity Platform (or any components thereof) or any Documentation; (iii) use the Singularity Platform other than as permitted under these Singularity Terms, as directly related to Customer’s internal business operations and in conformity with the Documentation, and not otherwise use the Singularity Platform for any other commercial or business use, including without limitation by offering any portion of the Singularity Platform as benefits or services to third parties; (iv) use the Singularity Platform 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 Singularity Platform 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 Singularity Platform, or take any action in an effort to circumvent or undermine the Singularity Platform, except for the legitimate testing of the Singularity Platform in coordination with SentinelOne, in connection with considering a subscription to the Singularity Platform as licensed herein; (vii) attempt to or actually disassemble, decompile, or reverse engineer, copy, frame, or mirror any part or content of the Singularity Platform, or otherwise derive any of the Singularity Platform’s source code; (viii) access, test, and/or use the Singularity Platform in any way to build a competitive product or service, or copy any features or functions of the Singularity Platform; (ix) interfere with or disrupt the integrity or performance of the Singularity Platform; (x) attempt to gain unauthorized access to the Singularity Platform 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 Singularity Platform; (xii) fail to maintain all copyright, trademark, and proprietary notices on the Singularity Platform and any permitted copy thereof; (xiii) upload, manage, or process any Special Information in the Singularity Platform; (except as allowed for use of Admin Tools provided that Customer is fully liable for all such use); or (xiv) cause or permit any Singularity Platform user or third party to do any of the foregoing.
ADDITIONAL TERMS FOR HARDWARE.
4.1. Applicability. This Section 4 shall only apply to Customer purchases of Hardware.
4.2. Title. Hardware is shipped FOB Origin, and title to and risk of loss of Hardware transfers to Customer when delivered to the carrier. Notwithstanding the aforementioned, SentinelOne retains all right, title, and interest in the Singularity Platform software, and the intellectual property rights therein. No license or other implied rights of any kind are granted except for the limited right to access and use the Solution as described in these Singularity Terms.
4.3. Additional Restrictions. In addition to the Restrictions stated in Section 3 of these Singularity Terms, Customer will not, and will not permit any third party to: (i) rent or lease the Hardware, unless otherwise expressly authorized by SentinelOne in writing; or (ii) transfer or copy the Singularity Platform software within the Hardware to, or use the Singularity Platform software on, any other product or device, including any second-hand or grey market hardware that Customer has not purchased from SentinelOne or a Partner.
4.4. Warranty. In addition to any warranties found in the Agreement, SentinelOne warrants that the Hardware will perform in substantial conformance with the Documentation for a period of three years from the date of shipment from SentinelOne (“Hardware Warranty Term”).
4.5. Warranty Exclusions. SentinelOne shall have no liability for defects or damage to the Hardware that result from: (i) use of the Hardware other than in its normal and customary manner in accordance with the Documentation; (ii) modifications, alterations, and repairs to the Hardware not expressly authorized by SentinelOne in writing; (iii) physical, electrical abuse or neglect, misuse, or accidents; and (iv) damage caused during shipping; and (v) flood, fire, or other environmental faults. SentinelOne shall have no liability for loss or inadvertent disclosure of Customer Data stored or remaining on any Hardware returned to SentinelOne.