This Agreement (“Agreement”) governs use of and access to the Intel 471 material primarily consisting of an offering of cyber threat intelligence material (the “Material”).
A user may not copy the Material or any portion thereof except as expressly permitted herein. For the purposes of this provision “copy” shall not include copying of statements and instructions of the Material or any portion thereof that naturally occurs during normal program execution when used in accordance with and for the purposes described in the documentation or in the course of making unmodified copies of the Material or documentation as part of the regular back-up of the Material in accordance with standard industry business practices. Notwithstanding the foregoing, if Intel 471 has terminated any license granted for the Material, no right to use the Material is granted hereunder.
The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement.
ACCESS AND USE.
Sharing or transferring user names or passwords is strictly prohibited without written permission from Intel 471.
User will only use the Material in accordance with this Agreement, all applicable laws and regulations, and the documentation provided by Intel 471, if any, as part of and for use in conjunction with the Material.
User will not knowingly infringe any Intel 471, Intel 471 affiliate or third party copyrights, trademarks, industrial design rights, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights.
User acknowledges that the Material may include software that may be subject to export, import, and/or use controls by Government Authorities (as hereinafter defined) by way of law or regulation. User agrees that the Material will not be exported, imported, used, transferred, or re-exported except in compliance with the laws and regulations of the national and/or other government authorities with authority over the country(ies) and/or territory(ies) from which the Material is being exported or to which the Material is being imported (collectively, the “Government Authority(ies)”). Notwithstanding any agreement with a third-party or any provision of law, regulation or policy, if user is any agency of the government of the United States of America, then user’s rights in respect of the Material shall not exceed the rights provided under this Agreement, unless expressly agreed upon by Intel 471 in a separate written agreement.
By virtue of this agreement, confidential information may be disclosed to user. User agrees to disclose only Intel 471 information that is required for the performance of obligations under this agreement. The term “confidential information” refers to any information marked confidential or disclosed or provided under circumstances that would lead a reasonable person to conclude that the information was confidential and includes everything within Intel 471’s Material. Confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
User acknowledges that the Material and the contents thereof are the intellectual property of Intel 471. User further acknowledges that nothing in this Agreement shall constitute a sale or transfer of title or ownership from Intel 471 to user of any rights in and to the Material. User shall not, infringe, or enable the infringement of, the intellectual property rights of Intel 471 in any way, including without limitation by making available externally from user including without limitation by auto-forwarding via email, manually forwarding via email, posting on a publicly accessible website, directly or indirectly reproducing, downloading or otherwise distributing (in any form current or yet to be developed) the Material or any portion thereof without prior written permission of Intel 471. During the Term and after termination or expiration of the Agreement, any dissemination or mass distribution of content from the Material is expressly prohibited. All rights not explicitly granted to user herein are reserved to Intel 471.
SERVICE PROVIDER USAGE ONLY.
Any product distributed or signature developed within customer delivery with Intel 471 transform content will include appropriate citation that this was “Powered by Intel 471” or “Sourced from Intel 471.”