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Copyright (c) 2015-2021, Mandiant Corporation All rights reserved.

Mandiant Limited Open Source License Agreement

BY DOWNLOADING, INSTALLING OR USING (WHICHEVER COMES FIRST) THIS SOFTWARE AND RELATED DOCUMENTATION (IF ANY), YOU ARE UNCONDITIONALLY AGREEING TO BE BOUND BY THIS AGREEMENT WITH MANDIANT, INC. (TOGETHER WITH ITS AFFILATES, "MANDIANT"). IF YOU DO NOT UNCONDITIONALLY AGREE TO THESE TERMS, YOU MUST NOT USE THIS SOFTWARE.

  1. Definitions a. "Affiliate" means an entity that controls, is controlled by, or is under common control with Mandiant, Inc., now or in the future. b. "Non-Commercial Purposes" shall mean solely for personal purposes that (i) are not, in whole or in part, of a commercial or business nature, or (ii) do not directly or indirectly result in financial gain. By way illustration, the following are not Non-Commercial Purposes: (a) use of the Software in, with or by a product or service offered for sale, (b) use of the Software in developing, operating or supporting a product or service offered for sale, (c) use of the Software in operating, or in performing consulting or other services for, a business or other organization. c. "Object Form" shall mean any form resulting from transformation or translation of a Source Form for execution by a computing device including but not limited to compiled object code. d. "Party" shall mean Mandiant or You (collectively, the "Parties"). e. "Patent Assertion" shall mean any claim, suit or other action alleging direct, indirect, or contributory infringement or inducement to infringe any patent, including a cross-claim or counterclaim. f. "Software" shall mean the software subject to this Agreement in Source Form or Object Form and any related documentation files. g. "Source Form" shall mean the preferred form of software for making modifications, including but not limited to source code, comments, annotations, documentation, and configuration files. For clarity, Source Form includes, without limitation, software scripts.

  2. License a. Grant of Copyright License. Subject to the terms hereof, Mandiant grants You a personal, nonexclusive, non-sublicensable, non-transferable, and worldwide right to use, reproduce, display, perform, distribute, modify, compile, execute and prepare derivative works of the Software whether in Source Form or Object Form, solely for Non-Commercial Purposes, subject to the restrictions of Paragraph (b) of this Section 2. b. Restrictions. You must: i. Distribution. If the Software is distributed by You in the form provided by Mandiant or as a derivative work created by You, (1) include a copy of this Agreement with the Software with the distribution, (2) legally bind in writing the recipient of the distribution to the same terms, conditions and restrictions set forth in this Agreement, and (3) if the Software is modified, include in or with the Software prominent notices identifying changes made by You, and (4) include the following notice on any copy you distribute: "This Software is subject to the terms of the Mandiant Limited Open Source License Agreement"; ii. Derivative Works. If the Software is modified by You or if derivative works are created by You, grant to Mandiant a nonexclusive, irrevocable, perpetual, sublicensable, transferable, and worldwide license to use, reproduce, distribute, display, perform, modify, run, and prepare derivative works of the Software as so modified and/or of the derivative works; and iii. Patents. If the Software or derivative works thereof are subject to patent rights obtained by You, grant to Mandiant a nonexclusive, irrevocable, perpetual, sublicensable, transferable, and world-wide license to practice under such patent rights, including the rights to make, have made, use, sell, offer to sell, and import, the Software and derivative works of the Software.

  3. Ownership. Mandiant retains ownership of the Software. You shall maintain and not obscure the copyright and other legal notices and attributions that are contained in the Software.

  4. Third Party Software. You acknowledge that the Software may contain or use certain open source software whose copyrights are owned by third-parties. You agree to be legally bound to any and all license provisions applicable to such open source software. You shall indemnify and hold Mandiant harmless with respect to Your use of such open source software. Mandiant makes no representations or warranties with respect to such open source software.

  5. Termination. This Agreement is effective until terminated. This Agreement shall terminate automatically if You fail to comply with any of its terms or conditions. This Agreement shall also terminate upon a Patent Assertion by You against Mandiant. If You distribute the Software to a third party, the rights hereunder enjoyed by that third party shall terminate upon that third party making a Patent Assertion against Mandiant. Upon termination, You shall erase or otherwise destroy all copies of the Software. Sections 2(b)(ii) and (iii), 3 through 10, inclusive, of this Agreement shall survive any termination.

  6. No Warranty. YOU ACCEPT THE SOFTWARE "AS IS", AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE SOFTWARE AND ASSUME ANY RISKS ASSOCIATED WITH THE SOFTWARE AND PRACTICE OF THIS LICENSE.

  7. Limitation of Liability. IN NO EVENT SHALL MANDIANT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, and CONSEQUENTIAL DAMAGES OF ANY CHARACTER, OR ANY OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF, INABILITY TO USE OR OTHER DEALINGS IN THE SOFTWARE, EVEN IF ADVISED OF THE POSSBILITY OF SUCH DAMAGES.

  8. No Obligation to Deliver Updates and Support Services. In no event shall Mandiant be responsible or liable for any support, maintenance or updates of the Software.

  9. Trademarks. This Agreement does not grant permission to use, and You agree not to adopt any confusingly similar, trade names, trademarks, or service marks of Mandiant, except for reasonable and customary use in describing the origin of the Software.

  10. Legal Compliance. You warrant that You shall comply with all laws and regulations applicable to You with respect to the Software and its license, use and distribution, including without limitation those with respect to export.

  11. Misc. This Agreement shall be deemed to have been made in, and shall be governed by, the laws of the State of Delaware and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. This is the complete and exclusive statement of the mutual understanding of the Parties with respect to the Software and the license granted herein, and supersedes all prior agreements and communications relating thereto. This Agreement is not assignable by You, and is fully assignable by Mandiant. No amendment or waiver of any provision of this Agreement shall be legally effective unless made in writing and signed by You and a duly authorized representable of Mandiant.