SOLUTIONS ADDENDUM: SINGULARITY PLATFORM TERMS
These Singularity Platform Terms (“Singularity Terms”) is 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 Other SentinelOne Services and Products (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.
- Definitions
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, available at: support.sentinelone.com or https://portal.attivonetworks.com/, as applicable and as updated from time-to-time in the normal course of business.
1.2 “Endpoint” means physical or virtual computing devices and/or computing environments (such as containers) that can process data.
1.3 “SentinelOne Services” means Singularity Support, Technical Account Management (“TAM”), SentinelOne’s Vigilance Service, Incident Response service, or other services.
1.4 “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.
1.5 “Singularity Support” means services related to the Singularity Platform, software tools and/or applications from SentinelOne, including but not limited to support services.
1.6 “Sample Malware Kit” means an evaluation framework comprising of malware and exploit samples provided by SentinelOne.
1.7 “Test Environment” means an isolated environment provided by SentinelOne to test the Solution(s) on.
-
License.
2.1 Scope of Agreement. These Singularity Terms governs Customer’s purchase of a subscription to or Evaluation of 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 a Customer subscribing to the Singularity Platform under the 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 the 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 the Agreement, SentinelOne hereby grants Customer (directly or through a Partner, as applicable) 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 or pursuant to the Evaluation. SentinelOne will make the SentinelOne Software and/or SDK available to Customer via download the Site or other means determined by SentinelOne.
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 may 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, offering any portion of the Singularity Platform as benefits or services to third parties; (iv) use the Singularity Platform 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 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; (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; or (xiii) cause or permit any Singularity Platform user or third party to do any of the foregoing.
-
Additional Terms for Hardware Leases
4.1. Applicability. This Section 4 shall only apply to Singularity Platform products that include hardware as part of the Solution.
4.2. Title. SentinelOne retains all right, title, and interest in all to the hardware, and the embedded 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. IP Ownership. As between SentinelOne and Customer, Customer retains all right, title, and interest (or if applicable, must ensure it has a valid license) to the Customer Data, including any data Customer uploads to the Solution hardware, subject to SentinelOne’s underlying intellectual property in the Solution.
4.4. 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 embedded software within the hardware to, or use the embedded 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.
4.5. Disclaimer. In addition to any other disclaimers found in the Agreement SentinelOne shall have no liability for damage to the hardware that results from: (i) modifications, alterations, and repairs to the hardware not expressly authorized by SentinelOne in writing; (ii) physical, electrical abuse or neglect, misuse, or accidents; and (iii) flood, fire, or other environmental faults.
4.6. Effect of Termination. If applicable, and in addition to the other terms in the Agreement that take effect upon termination, upon any termination or expiration of the Agreement or these Singularity Terms, Customer shall promptly delete any Customer Data remaining on the hardware and return the hardware to SentinelOne. SentinelOne shall have no liability for any Customer Data remaining on the hardware once the hardware has been returned to SentinelOne.