If applicable to the Services purchased by Customer, the definitions and rules of interpretation in this clause shall apply:
“Documentation” means CrowdStrike’s end-user technical documentation.
“Endpoint” means any physical or virtual device, such as a computer, server, laptop, desktop computer, mobile, cellular, container or virtual machine image.
“Error” means a reproducible failure of a Product to perform in substantial conformity with its applicable Documentation.
“Product” means any of CrowdStrike’s cloud-based software or other products ordered by Customer as set forth in the relevant Order Form.
“Updates” means any correction, update, upgrade, patch, or other modification or addition made by CrowdStrike to any Product and provided to Customer by CrowdStrike from time to time on an as available basis.
- Malware Samples. If CrowdStrike makes malware samples available to Customer in connection with an evaluation or use of the Product (“Malware Samples”), Customer acknowledges and agrees that: (i) Customer’s access to and use of Malware Samples is at Customer’s own risk, and (ii) Customer should not download or access any Malware Samples on or through its own production systems and networks and that doing so can infect and damage Customer’s systems, networks, and data. Customer shall use the Malware Samples solely for internal use and not for any malicious or unlawful purpose. CrowdStrike will not be liable for any loss or damage caused by any Malware Sample that may infect Customer’s computer equipment, computer programs, data, or other proprietary material due to Customer’s access to or use of the Malware Samples.
- Third Party Software. CrowdStrike uses certain third party software in its Products, including what is commonly referred to as open source software. Under some of these third party licenses, CrowdStrike is required to provide Customer with notice of the license terms and attribution to the third party. See the licensing terms and attributions for such third party software that CrowdStrike uses at: https://falcon.crowdstrike.com/opensource.
- Product Warranty. CrowdStrike warrants to Customer during the applicable Service Term that: (i) the Product will operate without Error; and (ii) CrowdStrike has used industry standard techniques to prevent the Products at the time of delivery from injecting malicious software viruses into your Endpoints where the Products are installed. Customer must notify Cloudreach of any warranty claim during the Service Term. Customer’s sole and exclusive remedy for its breach of this warranty will be for CrowdStrike, at its own expense to do at least one of the following: (a) use commercially reasonable efforts to provide a work-around or correct such Error; or (b) terminate Customer’s license to access and use the applicable non-conforming Product. CrowdStrike shall have no obligation regarding Errors reported after the applicable Service Term.
- Exclusions. The express warranties do not apply if the applicable Product: (i) has been modified, except by CrowdStrike, (ii) has not been installed, used, or maintained in accordance with the Documentation, or (iii) is non-conforming due to a failure to use an applicable Update. If any part of a Product references websites, hypertext links, network addresses, or other third party locations, information, or activities, it is provided as a convenience only.
- No Guarantee. CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT CROWDSTRIKE DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, OR DISCOVER ALL OF CUSTOMER’S OR ITS AFFILIATES’ SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, AND CUSTOMER AND ITS AFFILIATES WILL NOT HOLD CROWDSTRIKE RESPONSIBLE THEREFOR.
- Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS EULA, CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE OFFERINGS AND CROWDSTRIKE TOOLS. THERE IS NO WARRANTY THAT THE OFFERINGS OR CROWDSTRIKE TOOLS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS. THE OFFERINGS AND CROWDSTRIKE TOOLS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. NEITHER THE OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY, OR PROPERTY DAMAGE. Customer agrees that it is Customer’s responsibility to ensure safe use of the CrowdStrike Tools in such applications and installations. CROWDSTRIKE DOES NOT WARRANT ANY THIRD PARTY PRODUCTS OR SERVICES.