End User License Agreement Extended Detection and Response (XDR)

By using the Software in any way and registering on the Web Portal, the User agrees to comply with all the terms and conditions in this End-User License Agreement (hereinafter – EULA). If the End User does not agree with all or part of the terms and conditions in this EULA, the End User should stop using the Software.

This End-User License Agreement constitutes an integral part of the Master Software License and Service Agreement according to section 2.2. hereof. In the event of any discrepancies, the terms and conditions of the Agreement will prevail over the terms and conditions of this EULA.

In the event of any discrepancies, the terms and conditions of any existing license agreement or any other agreement that may serve as a basis to provide the End User with rights to use the Software, these agreements will prevail over the terms and conditions of this EULA.

1. Definitions

Activation means the moment when the Licensor assigns an account to the End User on the Web Portal.

Activation code means a 16-digit code provided to the End User by the Licensor in order to activate a XDR Appliance     .

Agreement means a Master Software License and Service Agreement for the supply of software and service, concluded with the Licensor or its partner that serves as the basis for granting the End User the right to use the Software.

End User means an individual who legally uses the Software on their own behalf or on behalf of their employer, a legal entity (or based on contracts with the legal entity).

Licensor means a legal entity that is a party to a respective Agreement and that is a part of Group-IB group of companies.

Software means the Group-IB XDR Software solution (hereinafter – Group-IB XDR), which consists of the following parts including the following software positions, jointly or separately, cloud-based version or on-prem version, of one of three possible types (Standard/PRO/Enterprise) and:

a) Group-IB XDR – Extended Detection and Response Software that leveraging both the increasing number of telemetry sources and the ever-evolving security tools and technologies, providing superior detection and response capabilities;

b) Network Traffic Analysis designed to analyze incoming and outgoing data packages. Using its own signatures, XDR detects interactions between infected devices and adversary infrastructure, general network anomalies, and behavior anomalies of network devices. Objects from various network-related sources are also extracted for further analysis;

с) Malware Detonation Platform carries out behavioral analysis of files extracted from emails, network traffic, file storage systems, PCs, and other sources. The analysis is conducted in realistic virtual environments, and advanced tech provides deep IoC extraction and battles modern evasion techniques;

d) Group-IB Business Email Protection Software that allows Customer to block and hunt for the most advanced email threats with patented email security technology;

e) Group-IB Endpoint Detection and Response Software that provides end host control and protection against targeted attacks. Collect additional contextual information, forensically relevant data, detect malicious activity on the host, and respond to it;     

f) XDR console unifies the telemetry sources, correlates events, provides a shared environment to connect with Group-IB experts, investigate and respond to threats. It’s a single-entry point to control your security infrastructure.

Update(s) means any Software upgrades, patches, enhancements, and modifications.

Help Center     means support materials relating to the Software, owned by the Licensor and provided to the End User electronically on the Web portal.

Web Portal means the cloud user interface located at the following address depending on the location:

https://huntbox.de.group-ib.com (EMEA)

https://huntbox.sg.group-ib.com (APAC).

2. License granting and Software activation

2.1. The End User is granted a non-exclusive license to use the Software from the moment that the Software is activated and during the timeframe specified in the respective Agreement (if available) or during the term displayed in the End User account on the Web Portal, in accordance with the technical requirements described in the Help Center     and the terms and conditions of the EULA and the respective Agreement.

      1. The End User is granted the right to use the Software by reproducing it (restricted to installing, copying, and running/launching the Software).

2.1.2. The term, usage area, and license fee are specified in the respective Agreement. The End User has the right to use the Software in relation to the Objects of Embedding and within the scope of the Software features specified in the relevant Agreement (if available).

2.2. After activating the Software, the End User has, during the time specified in the respective Agreement or in the End User account on the Web Portal, the right to automatically receive Software Updates when the Licensor releases them as well as technical support via the Web Portal in accordance with Software SLA.

2.2.1. Software Updates become available to the End User as soon as they are released by the Licensor by sending (in the ways specified in the relevant Agreement) a link to the program file for subsequent installation on the Object of Embedding for updating the Software and independently downloading the Software by the End User using the Internet.

2.3. Software functionality depends on the type of the License used and specified in the respective Agreement and corresponds to the description in the Help Center     and/or in the Agreement (if available). The End User has the right to use the Software on the number of devices specified in the relevant Agreement (if available).

2.4. From the Activation date, the End User should use the Software intended for informational purposes for such purposes only (informational purposes includes testing/ PoC/trials) during the trial period specified in the Agreement. It is prohibited to use the Software for other purposes or after the trial period ends. The term of using the Software trial version is specified in the End User’s account on the Web Portal.

2.5. The End User must keep their Web Portal account login details safe and cannot transfer them to third parties. The End User is liable for any actions carried out on the Web Portal through its account.

2.6. To ensure that the Software is being used legally, the Licensor has the right to use appropriate means to verify that the End User holds a licensed copy of the Software, whereas the End User must provide, at the Licensor’s request, documents confirming that it is using the Software lawfully.

2.6.1. The Software is configured to transfer information about the license to the Licensor in order to confirm that the End User is using the Software lawfully (including but not limited to information on the limits and methods of using the Software by the End User), including the one specified in clause 4.2. of the EULA.

2.7. If either the computer or the software of other rights holders installed on the End User’s computer are modified, it may be necessary to reactivate the Software.

2.8. As part of warranty maintenance, the Licensor must ensure that the Software functions properly by repairing it in case of errors (malfunctioning) that affect the Software’s functionality, including but not limited to inaccessibility of certain segments of the Software, delays in event generation, operational errors, unavailability of the Software or any of its individual parts. Warranty maintenance is carried out during the term of Software use and at the End User’s request under terms and conditions of SLA, incorporated into the Agreement.

3. Intellectual property rights

3.1. The End User acknowledges that the Software, documentation and other objects of copyright, trademarks and other information contained in the Software are the proprietary intellectual property of the Licensor. This EULA does not grant the End User any rights to use the Licensor’s intellectual property, including trademarks and service marks, except for those granted to the End User under the respective Agreement (if applicable).

3.2. This EULA does not grant the End User any rights to use the other Licensor’s intellectual property, including trademarks and service marks. The End User may not remove or alter any copyright notices or other proprietary notices on any copies of the Software. The Licensor retains all the rights to the Software and other intellectual property that are not directly granted to the End User hereunder.

4. Provision of information

4.1. During the use of the Software, the End User undertakes to automatically provide the Licensor with the information specified in the Help Center and/or in the Agreement (if available).

4.2. In order to detect new security events and their sources, identify intrusion threats that are difficult to detect, and take timely measures to enhance the security of information stored and processed by the End User on a computer, by activating the Software the End User agrees to automatically provide the Licensor with the following information:     

4.2.1.  When using Group-IB XDR software, Group-IB Endpoint Detection and Response, Group-IB Malware Detonation Platform, Group-IB Network Traffic Analysis (jointly or separately):

IP address of the device being activated, device serial number, metadata about registered information security events (including hash sums of malicious files), network identifiers of malicious events (IP addresses, domains and URI), parts of the payload from the registered network session, network traffic generated by file parsing, behavioral reports on malicious files (including indicators of changes that occurred in the virtual analysis environment when the malicious code was executed), and analyzed files received by Group-IB XDR Software through integration with network traffic, mail system and proxy servers.     

4.2.2. When using Group-IB Business Email Protection software:

information from emails (email addresses; attachments from emails deemed secure or malicious, and information from these attachments; download links; texts from emails deemed secure or malicious; other information obtained from emails).

4.3. To ensure that the Software functions properly and to gain access to the Web Portal, the End User, starting from the date of initial authorization on the Web Portal and during the term of use, undertakes to provide the Licensor with the following information: last name, first name, email address, phone number, and device data (time zone, language, and last registered activity of the End User). Such information is sent to the Licensor automatically when the End User uses the Web Portal.

4.4. If the End User runs the Software on behalf of a third party (a legal entity such as an employer or on the basis of civil contracts concluded with such a legal entity), the legal entity must obtain the consent of the End User who is the subject of the personal data to process any personal data collected for the purposes specified in clause 4.2. herein.

If the End User disagrees with the terms and conditions stipulated in clauses 4.2. and 4.3. of the EULA, and if the End User does not give consent to a third party in accordance with clause 4.4. of the EULA, the End User should stop using the Software.

4.5. The Licensor and its affiliates may use device information, details about errors, and malware reports to improve the Software, other Licensor’s software and services.

4.6. By agreeing to the terms and conditions hereof, the End User agrees to receive mailings from the Licensor via email in order to be informed about Software update releases, special offers, and information about marketing activities and other promotional activities and events, as well as for the purpose of providing information required for fulfilling obligations under this EULA.

5. Limitations

5.1. The End User must not copy, distribute, decompile, reverse engineer or modify the Software, or create derivative works based on the Software or any portion thereof, except as otherwise provided for by applicable legislation.

5.2. The End User must not transfer the right to use the Software to any third party nor assign its rights under the Agreement or the EULA.

5.3. The End User must not transfer or provide access to its account on the Web Portal to third parties if it violates the provisions hereof. The account credentials for the Web Portal, the Activation code and the contents of the Web Portal constitute confidential information.

5.4. The End User must not lease, rent or loan the Software to any third party.

5.5. The Software is not intended and must not be used in information systems serving life support systems, in which a software failure can threaten the life and health of people or cause various losses.

5.6. The Software must not be used to carry out any illegal activities.

5.7. Except for the limited warranty maintenance set forth hereunder, the Software is supplied “as is.” The Licensor does not give the End User any guarantees regarding the Software’s performance and suitability for certain purposes, for achieving any desired results, for installing and using the Software, and for its integration, with the exception of the guarantees, conditions, representations or provisions, the extent of which cannot be excluded or limited by applicable law.

5.8. If the End User violates the terms hereof, the Licensor may terminate the use of the Software by the End User.

6. Limited Warranty and Disclaimer

6.1. The Licensor guarantees that the Software will work according to the specifications and descriptions set forth in theHelp Center.

6.2. The End User acknowledges that no Software is free from errors and agrees to make backup copies of the files on a regular basis.

6.3. The Software is provided to the End User “as is”. The Licensor cannot guarantee that the Software will perform without any errors in an uninterrupted way or that it will meet the End User’s expectations and objectives except for any warranty, condition, representation or term the extent of which cannot be excluded or limited in accordance with applicable law.

6.4. The Licensor does not guarantee that the Software will work correctly if the End User violates the conditions set forth in the Help Center     and the terms and conditions stipulated herein.

6.5. The Licensor cannot be held liable or responsible for the functioning, operability or correctness of the settings of the End User’s third-party systems with which the Software is integrated, in particular Objects of Embedding, network equipment and its settings, as well as network availability and continuity.

6.6. Except for the limited warranty maintenance set forth here, the Software is supplied “as is.” The Licensor does not give the End User any guarantees regarding the performance and fitting the particular purposes, for achieving any desired results, for installing and using Software, and for its integration, with the exception of the guarantees, conditions, representations or provisions, the extent of which cannot be excluded or limited by applicable law.

7. Liability

7.1. If the End User fails to perform this EULA or performs in an improper manner, the End User will be liable hereunder and in accordance with applicable law.

7.2. To the maximum extent permitted by applicable law, under no circumstances can the Licensor be held liable or responsible for any damages (including damages for loss of profits or information, for business interruption, and for any other pecuniary loss) arising from using or being unable to use the Software, even if the Licensor has been informed about the possibility of such damages. In any case, the End User agrees that if the Licensor and/or its Partners are found liable, the liability of the Licensor will be limited to the cost of the Software. These limitations cannot be excluded or limited according to applicable law.

7.3. Infringements on intellectual property rights to the Software may result in legal prosecution against the End User according to applicable law.  The End User will be subject to a fine in the amount of 10 000 USD for each case of violation of intellectual property rights to the Software.

7.4. If the End User violates any of the terms hereof, the Licensor will have the right to terminate the EULA at any time without prior notice and to block the license without reimbursing the cost of the Software or any part of it.

8. Open-Source (Free) Software

8.1. The Software includes, or may include, some programs licensed (or sub-licensed) to the End User under the GNU General Public License (GPL) or other similar free software licenses (Open Source License) which, among other rights, allow the End User to copy, modify and redistribute certain programs or portions thereof and to have access to the source code (“Open-Source Software”). If such licenses require that, for any software which is distributed to the End User in an executable binary format, the source code also be made available to the End User, then the source code should be made available by sending the request to [email protected]. If any Open-Source Software licenses require the Licensor to provide rights to use, copy or modify an Open-Source Software program that are broader than the rights granted in this EULA, then such rights will prevail over the rights and restrictions herein.

9. Confidentiality

9.1. The End User must ensure the confidentiality of the content data, as well as any other information and data contained in the Software, on the Web Portal, and in the Help Center     , with the exception of information and data that are publicly available (hereinafter “Confidential Information“) during the period of using the Software, starting from the Activation date and for five years after the termination date of the use of the Software. The End User undertakes not to disclose Confidential Information to third parties without obtaining prior written consent from the Licensor.

    1. The End User must take all reasonable measures to protect the Confidential Information from unauthorized access by third parties, including:
      1. — ensuring that no unauthorized third parties can access the Confidential Informatio
      2. — restricting access to the Confidential Information, including for employees who do not need to be familiar with the information.
    2. The End User must immediately notify the Licensor about any known cases of a third party disclosing, threatening to disclose, and illegally receiving or using the Confidential Information.
    3. The End User must not unilaterally stop protecting the Confidential Information contained herein.
    4. Under this Agreement, disclosing Confidential Information means an action or omission made by the End User that leads to Confidential Information becoming known to third parties without prior consent from the Licensor, regardless of the form of disclosure (oral, written, disclosed using technical means, etc.).
    5. Providing Confidential Information at the request of law enforcement agencies or other authorized state bodies and officials as provided for by applicable law will not be regarded as disclosure, nor will providing information to shareholders/participants (if the End User is an authorized representative of the organization).
    6. If the End User discloses Confidential Information to the authorized bodies and/or individuals, the End User must notify the Licensor in writing of having provided such information, its content, and the body or individual to whom the information was provided, within two business days from disclosing the Confidential Information.

10. Arbitration & Applicable law

Any dispute, controversy or claim arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 (one) arbitrator. The language to be used in the arbitral proceedings shall be English.  This Agreement shall be governed by the Singapore law.

11. Final provisions

11.1. The Licensor reserves the right, in its sole discretion, to change, modify, add, or remove portions of this EULA on a going-forward basis at any time by making such modified EULA available to the End User on the Web Portal or through the Software, or both.  The EULA will be effective immediately upon posting, except in the event any such modification materially alters End User rights hereunder. In this latter case, the Licensor will notify End-User directly through a message sent to the email address End User have provided to the Licensor if any, or a pop-up window or other notification when End User access or use the Software, in which End-User will be required to explicitly provide End-User informed consent with such material modifications. In the absence of such explicit consent, End User will be deemed to withdraw his acceptance of this Agreement, in which case End-User will need to uninstall and discontinue his use of the Software at that time.

11.2. This EULA is available to the End User in the Help Center at https://huntbox.group-ib.com/help-center?section=MXDR%20Platform&article=EULA     after logging on to the Web portal.

11.3. If the End User violates any of the terms of this EULA, the Licensor may unilaterally terminate and/or limit the use of the Software without notifying the End User in writing.

11.4. Export and Government Restrictions.  End User may not transfer, export or re-export the Software in violation of any applicable laws or regulations including but not limited to those of the United States of America and the European Union. In addition, if the Software is identified as export controlled items under the export laws of the United States of America or the European Union, End User represents and warrants that he/she is not a citizen, or otherwise located within, an embargoed nation and that he/she is not otherwise prohibited under applicable export laws from receiving the Software. All rights to use the Software are granted on the condition that those rights are forfeited if End User fail to comply with the terms of this EULA.

11.5. End User acknowledges that under the applicable law, it is unlawful directly or indirectly, to make any payment or to give anything of value to any foreign official (other than a foreign official whose duties are essentially administrative or clerical) or to any foreign political party, any official of a foreign political party or any candidate for foreign political office for the purposes of influencing any action or failure to take action on the part of such person in connection with the obtaining, retaining or directing of business to any person or company. End User will not make any such payment, directly or indirectly, on behalf of Licensor.

11.6. Notices. Except as otherwise provided herein, all notices, consents, requests, instructions, approvals and other communications made, required, or permitted under this EULA will be given at the addresses set forth in the Agreement, by (i) personal service, deemed effective on the reported delivery date; (ii) recognized international or overnight courier, deemed effective on reported delivery date; or (iii) email transmission against receipt confirmation, deemed effective on delivery date confirmation.

11.7. Entire Agreement.  This EULA, together with the Agreement constitutes the entire agreement between the Licensor and the End User, and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.

12. The Licensor’s contact details