FIREEYE DEVELOPER HUB TERMS OF USE
The FireEye Developer Hub (the "Developer Hub"), including the FireEye Developer Docs and FireEye Developer Community sites (collectively, the “FireEye Developer Hub” or the “Developer Hub”) is owned and operated by FireEye, Inc. and its affiliated entities ("FireEye" or "we" or "us"). The Developer Hub is an online community space where we invite users and developers to share feedback, ideas, projects, documents, graphics, text, code, tools, or other materials (collectively, “Developer Hub Content”) for discussion and use by other Developer Hub participants (each, a "Developer Hub Participant").
To access portions of the Developer Hub or certain resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Developer Hub, and you hereby represent and warrant, that you are of the legal age of majority in the jurisdiction in which you reside and that all information you provide is correct, current and complete. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible for all activities associated with or undertaken through your account. You agree to immediately notify FireEye of any unauthorized use of your user name or password or any other breach of security related to the Developer Hub.
- Binding Agreement. By visiting the Developer Hub website, you agree that your visiting and use of the Developer Hub website is governed by these FireEye Developer Hub Terms of Use ("Terms of Use"), which you acknowledge represent a binding agreement between you and FireEye. If you are agreeing to these Terms of Use on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to these Terms of Use, and the terms "you" and "your" will refer to that company or organization. If you do not have that authority, or if you do not agree with these Terms of Use, you may not use the Developer Hub or any of the Developer Hub Content. FireEye reserves the right to make changes to Developer Hub and to these Terms of Use at any time. Your continued use of Developer Hub and any Developer Hub Content will constitute your acceptance of any new or amended Terms of Use for the Developer Hub.
- Availability of the Developer Hub. FireEye reserves the right to modify, suspend, or discontinue the Developer Hub at any time. We will not be liable if, for any reason, all or any part of the Developer Hub is unavailable at any time or for any period. To the extent you contribute Developer Hub Content, and wish for that Developer Hub Content to continue to be available to you after you post it, you are encouraged to archive that Developer Hub Content locally or in another medium, as FireEye does not guarantee that any Developer Hub Content will continue to be available to you or any other Developer Hub Participant once posted. From time to time, we may restrict access to all or part of the Developer Hub to registered users or another subset of users. You are solely responsible for making all arrangements necessary to access the Developer Hub.
- Contributing to the Developer Hub.
- Overview. Developer Hub Content made available on the Developer Hub may be provided and licensed to you by FireEye, or by third parties including other Developer Hub Participants (when publishing, posting, or otherwise contributing Developer Hub Content, a “Publisher”). In the Developer Hub, you can access, browse, view, use, and contribute Developer Hub Content. Developer Hub Content is licensed for your personal and internal research and informational use only.
- Publishing Developer Hub Content.You may be allowed to contribute, post, or publish Developer Hub Content as a Publisher. When you are acting as a Publisher, you represent and warrant that you have all rights and permissions necessary to post the Developer Hub Content on the Developer Hub, and that your posting and publication of the Developer Hub Content does not violate any right of any person, including any privacy or publicity rights, copyrights, patent rights, trade secret rights or other obligations of confidentiality, or similar rights anywhere in the world. You are solely responsible for the Developer Hub Content you publish to the Developer Hub.
- License.You remain the owner of all Developer Hub Content that you publish, post, or otherwise contribute to the Developer Hub, but you grant to FireEye and other Developer Hub Participants a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, fully-paid license to use, reproduce, prepare derivatives of, publicly display and/or perform, publicly distribute, modify, and adapt the Developer Hub Content in all formats and media. You further grant to FireEye a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, fully-paid license to use Developer Hub Content, including any identifying information such as your user name and any visual likenesses you make available to Developer Hub Participants, in connection with promoting, advertising, and marketing the Developer Hub or any FireEye product, service, or subscription. You hereby waive any claims and assertions of moral rights, including any rights of attribution, that may be associated with the Developer Hub Content that you publish, post, or otherwise contribute to the Developer Hub. Any feedback you provide to FireEye directly or indirectly related to the Developer Hub or any FireEye product, service, or subscription, is provided gratuitously, and FireEye may use any such feedback freely without any obligations of compensation or otherwise to you.
- Developer Hub Content.
- Developer Hub Content Provided "As Is". Developer Hub Content may or may not have been reviewed, tested or validated by FireEye, and FireEye assumes no responsibility for any Developer Hub Content posted by Developer Hub Participants. The posting and availability of any Developer Hub Content shall not be construed as making any representation, warranty, guarantee or promise apart from those set forth in these Terms of Use, nor that your use of any Developer Hub Content is permitted by third parties or any applicable laws and regulations. You are solely responsible for independently testing and validating any Developer Hub Content that constitutes code, an API, a tool, or an indicator of compromise before deploying it in a production environment, and evaluating whether using any Developer Hub Content is permitted in your jurisdiction.
- Prohibited Content. FireEye may, but is under no obligation to, monitor or moderate Developer Hub Content, and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by Developer Hub Participants. FireEye disclaims any and all liability relating thereto. Developer Hub Content that you publish, post, or otherwise contribute may not contain, and FireEye reserves the right to remove Developer Hub Content that, in FireEye’s exclusive opinion:
- is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
- is false, fraudulent or misleading;
- violates applicable laws, rules, regulations or guidelines or rights of third parties; including without limitation any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
- constitutes advertising or any other form of commercial solicitation; or impersonates any other person or entity, including any of FireEye's employees.
- Privacy and Your Data.
- Consent to Use Data and Personal Information. You expressly acknowledge, agree and consent that FireEye may collect and use personal information, technical data and related information, (including without limitation, your name, your IP address, company name (if any), addresses (including e- mail address) and phone number) as well as technical information relating to your device, system, and browser, that is gathered periodically to facilitate the provision of the Developer Hub and Developer Hub Content. FireEye may use this information, as long as it is in a form that does not personally identify you, to improve its products and services, develop new offerings, and/or to provide services or technology to you (including the Developer Hub and Developer Hub Content).
- Privacy Policy. Any information FireEye receives from you is subject to the FireEye Privacy Policy located at https://www.fireeye.com/company/privacy.html.
- General.
- Prohibited Uses. You agree not to access or use the Developer Hub in any manner:
- That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
- That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or FireEye, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the FireEye Privacy Policy.
- To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- To monitor or attempt to gain unauthorized access to: (a) any data, information or communications on any network or system not owned by you, without authorization; or (b) any system or network user accounts or passwords of other users, without authorization.
- That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
- To monitor or copy materials from the Developer Hub, including Developer Hub Content, for any unauthorized purpose or access the Developer Hub via any automatic device, process or means of access such as a robot, scraper, or spider.
- That is in violation of export or import laws, rules or regulations.
- That may have a detrimental effect on the Developer Hub’s functionality, performance, availability, integrity, or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Developer Hub or any server, computer or database connected to or accessed by the Developer Hub; (d) modifying, blocking or otherwise interfering with the display of the Developer Hub; (e) interfering with another user’s ability to access, use and enjoy the Developer Hub; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Developer Hub such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without FireEye’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Developer Hub; and (i) engaging in any activities that results in any server serving the Developer Hub being the target of a denial of service attack.
- DISCLAIMER. THE MATERIALS MADE AVAILABLE ON THE DEVELOPER HUB, INCLUDING WITHOUT LIMITATION THE DEVELOPER HUB CONTENT, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS AND THE DEVELOPER HUB CONTENT. FIREEYE ASSUMES NO LIABILITY FOR YOUR USE OF THESE MATERIALS, THE DEVELOPER HUB CONTENT OR ANY ASSISTANCE PROVIDED BY FIREEYE. FIREEYE AND ITS SUPPLIERS ALONG WITH ANY OTHER PUBLISHER EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. FIREEYE MAKES NO WARRANTY AS TO THE RELIABILITY, USEFULNESS, COMPLETENESS, TIMELINESS, QUALITY, SECURITY, SUITABILITY, AVAILABILITY OR ACCURACY OF ANY DEVELOPER HUB CONTENT OR THE DEVELOPER HUB ITSELF OR THAT THE DEVELOPER HUB OR DEVELOPER HUB CONTENT WILL BE ERROR FREE OR OPERATE WITHOUT INTERRUPTION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification. To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold us, our affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of defense) resulting from your violation of these Terms of Use, your violation of the rights of a third party (including any Publisher), or your use of the Developer Hub or the Developer Hub Content other than as permitted herein. We will be entitled, at our sole expense, to participate in the defense and settlement of the claim or action with counsel of our choosing. You may not settle any claims without our prior written consent (which will not be unreasonably withheld).
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIREEYE OR ITS SUPPLIERS/LICENSORS (INCLUDING PUBLISHERS) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL OR BUSINESS, LOSS OR CORRUPTION OF DATA, OR COSTS TO PROCURE SUBTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF, OR UNAVAILABILITY OF, THE DEVELOPER HUB OR THE DEVELOPER HUB CONTENT OR ARISING OUT OF THE USE OR PERFORMANCE OF THE DEVELOPER HUB OR DEVELOPER HUB CONTENT, REGARDLESS OF WHETHER FIREEYE, ANY PUBLISHER, OR AN AUTHORIZED FIREEYE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
- Compliance with Laws; Reservation of Rights; Export. You will use the Developer Hub and Developer Hub Content in compliance with all applicable laws, rules, regulations and guidelines. Except for the rights explicitly granted to you in these Terms of Use, all right, title and interest in the Developer Hub and the Developer Hub Content are reserved and retained by their respective providers, Publishers, licensors and rights holders. You do not acquire any ownership rights in the Developer Hub or the Developer Hub Content as a result of using the Developer Hub or downloading, accessing, or using the Developer Hub Content. You may not use or otherwise export or re-export the Developer Hub Content except as authorized by United States law and the laws of the jurisdiction in which the Developer Hub Content originated or were obtained. In particular, but without limitation, the Developer Hub Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. If you access the Developer Hub from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. In addition, you are responsible for complying with any local laws which may impact your right to import, export, download or use the Developer Hub Content. Access to the Developer Hub from territories where the Developer Hub or any of its services or products are illegal is prohibited.
- Termination. Your rights under these Terms of Use will automatically terminate without notice if you fail to comply with any of its terms. Further, FireEye may terminate these Terms of Use and the licenses granted herein at any time and for any or no reason by giving you written notice. In case of any such termination, you must cease all use of the Developer Hub and the Developer Hub Content, and FireEye may immediately revoke your access to the Developer Hub.
- Governing Law; Jurisdiction; Jury Trial Waiver. These Terms of Use are governed by the laws of the State of California, without regard to its conflicts of laws rules, and each party irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts located in the Santa Clara County in the State of California. You agree to waive all defenses of lack of personal jurisdiction and Developer Hub non-conveniens, irrevocably waive your right to a jury trial and agree that process may be served in a manner authorized by applicable law or court rule. Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any dispute arises under these Terms of Use, the parties will negotiate in good faith to resolve the dispute. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms of Use.
- DMCA Process. If you believe that any Developer Hub Content violates your copyright, please notify FireEye’s copyright agent in writing. The contact information for FireEye’s copyright agent is at the bottom of this section. FireEye cannot take any action unless you give us all the information required by applicable law. In order for FireEye to take action, you must include the following in your notice:
- provide your physical or electronic signature;
- identify the copyrighted work that you believe is being infringed;
- identify the item that you think is infringing and include sufficient information about where the material is located (including which page in the Developer Hub) so that FireEye can find it;
- provide FireEye with a way to contact you (such as address, telephone number, or email);
- provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by the Publisher or FireEye; and
- provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for FireEye’s copyright agent:
Copyright Enforcement
Attention: Legal Department
FireEye, Inc.
copyrights@FireEye.com - Assignment. You may not assign or transfer the agreement formed by your agreeing to these Terms of Use. FireEye may freely assign, transfer, and delegate its rights and obligations under these Terms of Use. You acknowledge and agree that FireEye’s affiliates, contractors, Publishers, and service providers may exercise all rights of FireEye under these Terms of Use.
- Weblinks. Certain links provided herein permit you to leave this site and enter non- FireEye sites. These linked sites are not under FireEye‘s control. FireEye is not responsible for the contents of any linked site or any changes or updates to such sites. FireEye is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by FireEye of any linked site. FIREEYE’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY OTHER PRODUCT OR SERVICE. Linking to this site is subject to FireEye policies. If you would like to link to FireEye’s web site, please contact us at: webmaster@FireEye.com
- Copyright to Developer Hub. All content included on the Developer Hub website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FireEye or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Developer Hub website is the exclusive property of FireEye and protected by U.S. and international copyright laws. The Developer Hub website or any portion of the Developer Hub website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FireEye. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Developer Hub website without express written consent of FireEye. You may not use any meta tags or any other “hidden text” utilizing FireEye’s name or trademarks without the express written consent of FireEye. Any unauthorized use terminates the permissions and licenses granted under these Terms of Use by FireEye.
- Miscellaneous. No waiver of these Terms of Use by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. There are no third‐party beneficiaries to these Terms of Use. These Terms of Use (including any applicable EULA, etc.) and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Developer Hub and Developer Hub Content, except as expressly set forth herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Developer Hub Website. For the avoidance of doubt, these Terms of Use do not supersede any written agreement between you and FireEye for the use of, or the right to which you have been granted the right to use or access, a FireEye product, service, or subscription.
- Prohibited Uses. You agree not to access or use the Developer Hub in any manner:
Last Updated: September 19, 2019