User Guide

CISCO IRONPORT SYSTEMS, LLC SOFTWARE LICENSE AGREEMENT
APPENDIX A: IRONPORT END USER LICENSE AGREEMENT 541
1.6 “Upgrade(s)” means revisions to the Software, which add new enhancements to existing
functionality, if and when it is released by IronPort or its third party licensors, in their sole
discretion. Upgrades are designated by an increase in the Software’s release number, located
to the left of the decimal point (e.g., Software 1.x to Software 2.0). In no event shall Upgrades
include any new versions of the Software marketed and licensed by IronPort or its third party
licensors as a separate product.
2. LICENSE GRANTS AND CONSENT TO TERMS OF DATA COLLECTION
2.1 License of Software. By using the Software and the License Documentation, Company
agrees to be bound by the terms of this Agreement, and so long as Company is in compliance
with this Agreement, IronPort hereby grants to Company a non-exclusive, non-sublicensable,
non-transferable, worldwide license during the Term to use the Software only on IronPort’s
hardware products, solely in connection with the provision of the Company Service to End
Users. The duration and scope of this license(s) is further defined in the License
Documentation. Except as expressly provided herein, no right, title or interest in any Software
is granted to the Company by IronPort, IronPort’s resellers or their respective licensors. This
license and any Services are co-terminus.
2.2 Consent and License to Use Data. Subject to Section 8 hereof, and subject to the IronPort
Privacy Statement at http://www.IronPort.com/privacy.html, as the same may be amended
from time to time by IronPort with notice to Company, Company hereby consents and grants
to IronPort a license to collect and use the data from the Company as described in the License
Documentation, as the same may be updated from time to time by IronPort (“Data”). To the
extent that reports or statistics are generated using the Data, they shall be disclosed only in
the aggregate and no End User identifying information may be surmised from the Data,
including without limitation, user names, phone numbers, unobfuscated file names, email
addresses, physical addresses and file content. Notwithstanding the foregoing, Company may
terminate IronPort’s right to collect and use Data at any time upon prior written or electronic
notification, provided that the Software or components of the Software may not be available
to Company if such right is terminated.
3. CONFIDENTIALITY. Each Party agrees to hold in confidence all Confidential Information of
the other Party to the same extent that it protects its own similar Confidential Information (and
in no event using less than a reasonable degree of care) and to use such Confidential
Information only as permitted under this Agreement. For purposes of this Agreement
“Confidential Information” means information of a party marked “Confidential” or
information reasonably considered by the disclosing Party to be of a proprietary or
confidential nature; provided that the Data, the Software, information disclosed in design
reviews and any pre-production releases of the Software provided by IronPort is expressly
designated Confidential Information whether or not marked as such.
4. PROPRIETARY RIGHTS; OWNERSHIP. Title to and ownership of the Software and other
materials and all associated Intellectual Property Rights (as defined below) related to the
foregoing provided by IronPort or its reseller to Company will remain the exclusive property
of IronPort and/or its superior licensors. Company and its employees and agents will not
remove or alter any trademarks, or other proprietary notices, legends, symbols, or labels