In addition, any Carbon Black software downloaded by you or made available to you by Carbon Black in connection with your use of Cb Threat Intel, including, but not limited to, (i) Cb Enterprise Protection; (ii) Cb Enterprise Response and (iii) all patches, updates, upgrades, modifications or other improvements provided by Carbon Black with respect to this Software are licensed in accordance with the terms of the End User License Agreement applicable to such Software (the ”License Agreement”). Your Cb Enterprise Protection and/or Cb Enterprise Response license serves as a record when specified. (i) The Licensed Service uses ”commercial computer software” or ”commercial computer software documentation”. Unless otherwise agreed in writing, the U.S. Government`s rights with respect to this Licensed Service under FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable, are limited by the terms of this Agreement. EAST PALO ALTO, Calif., April 09, 2018 (GLOBE NEWSWIRE) — Finjan Holdings, Inc. (NASDAQ: FNJN), a cybersecurity company, and its subsidiary Finjan, Inc. (”Finjan”) announced today that they entered into a confidential patent license and settlement agreement with Carbon Black on April 6, 2018 under which the companies have resolved all outstanding litigation (Case No. 5:18-cv-01760-NC). In addition, the subsidiary Finjan Mobile, Inc. (”Finjan Mobile”) and Carbon Black have entered into a separate confidential inter-patent licensing agreement designed to ensure the parties` freedom to operate within the other party`s patent portfolio.
The terms of each agreement are confidential; see Finjan`s Sec 8K form, filed on April 9, 2018, for more details available. ”Following our recent resolution of the Symantec and Blue Coat disputes, our agreements with Carbon Black at the beginning of the second quarter underscore our ability to close deals at a significant pace, confirming the value and sustainability of Finjan, Inc.`s patent portfolio,” commented Julie Mar-Spinola, CIPO and Vice President, Legal Operations for Finjan Holdings, Inc. 1. Your use of the EndPoint Software and any modifications or additions to the EndPoint Software (collectively, the ”Software”) are subject to the Dell Cloud Solutions Agreement, which relates to your use of the EndPoint Software, and any modifications or additions to the EndPoint Software (collectively, the ”Software”) are subject to the Dell Cloud Solutions Agreement under www.dell.com/learn/au/en/aucorp1/terms-conditions/cloud-solutions-agreement-au (the ”Cloud Solutions Agreement”).2. In addition to these Terms and the Cloud Solution Agreement, each Software Solution is subject to a separate Software License Agreement that is presented to you during the integration, installation, or deployment process. By accepting these Terms, you hereby agree and agree to abide by the terms of the applicable Software License Agreement. 3. You consent to the collection and transfer of your personal information in order to provide you with the Software.
We will not access or use your personal information unless it is necessary to maintain or provide the Software or to comply with applicable laws or regulations, legal process or a binding order of a government agency. We will only use your personal information in accordance with Dell`s Privacy Statement, which you can access www.dell.com/learn/us/en/uscorp1/policies-privacy-country-specific-privacy-policy. 4. ProSupport for the Software may be purchased from Dell and is subject to the service description to be www.dell.com/servicecontracts/global. 5. These Terms begin on the day you place your order and continue to apply until all Software Subscriptions and related services (if any) have expired or have been cancelled. Each Software Subscription is valid for the duration applicable to your order and automatically renews in accordance with these Terms, unless your Subscription is otherwise terminated or terminated. Auto-renewal ensures that the software continues to be used until you decide to cancel without having to follow the renewal dates. Dell will automatically renew your subscription using the registered payment method until you cancel all or part of your subscription.6. Each subscription to the Software will be billed according to the applicable option described in the following table and selected by you at the time of purchase.
On the renewal date, your subscription will automatically renew for another period equal to the original term. You must cancel your subscription before the appropriate renewal date to avoid renewal fees. (a) You agree not to use, distribute, transfer or transfer the Licensed Service or Confidential Information in violation of U.S. export regulations. 9. Modification. This Agreement may only be amended in writing, signed by Carbon Black and you, and will not affect the terms set forth in any order, confirmation or similar document you have provided to Carbon Black. (h) In the event of a dispute between the parties regarding this Agreement, the prevailing party shall be entitled to reimbursement of all reasonable costs and expenses associated with this Agreement (including, but not limited to, attorneys` fees). (b) This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to (i) its conflict of laws rules; (ii) the United Nations Convention on Contracts for the International Sale of Goods; and (iii) the Uniform Computer Information Transactions Act (UCITA) as enacted by a State. THESE TERMS AND CONDITIONS (THE ”TERMS”) APPLY TO SUBSCRIPTION LICENSES FOR THE ENDPOINT SOFTWARE LISTED BELOW. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING THESE TERMS OR ACCESSING OR USING THE SOFTWARE. BY PLACING AN ORDER, ACCESSING OR USING THE SOFTWARE, YOU ACCEPT AND AGREE TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS OR ARE NOT AUTHORIZED TO ACCEPT THESE TERMS, DO NOT SUBSCRIBE, ACCESS OR USE THE SOFTWARE. FOR THE PURPOSES OF THESE TERMS, ”ENDPOINT SOFTWARE” MEANS ALL CURRENTLY AVAILABLE SOFTWARE-AS-A-SERVICE OFFERINGS TO WHICH YOU ARE SUBSCRIBED TO DELL:· VMWARE WORKSPACE ONE· VMWARE CARBON BLACK· CARBONIT· ABSOLUTELY· SECUREWORKS MANAGED SERVICES· NETSKOPE You shall defend, indemnify and hold Carbon Black harmless from and against all claims, damages and losses, whether direct, indirect or consequential, including all attorneys` fees and expenses arising out of any third party claims in connection with your use of the Assessment Service. ”Carbon Black Threat Intel” means the cloud-based identification and software information service provided by Carbon Black through Carbon Black Enterprise Protection Software and/or Carbon Black Enterprise Response Software. Cb Threat Intel includes, but is not limited to, Software Reputation Service (SRS) infrastructure, Alliance Server infrastructure and services, other Carbon Black cloud-based infrastructure and services, and all data provided by such infrastructures and services. Finjan also has ongoing infringement lawsuits against Palo Alto Networks, ESET and its affiliates Cisco Systems, Inc., Sonicwall, Inc., Bitdefender and its affiliates Juniper Networks and Zscaler, Inc., involving a total of more than 20 patents in the Finjan portfolio. Court records for the above cases are publicly available on the PaceR (Public Access to Court Electronic Records) website www.pacer.gov, which is operated by the U.S. Courts Administration Office. ABOUT FINJAN Founded more than 20 years ago, Finjan is a globally recognized leader in cybersecurity.
Finjan`s inventions are integrated into a strong patent portfolio focused on software and hardware technologies that can proactively detect previously unknown and emerging threats on a real-time behavioral basis. Finjan continues to grow through investments in innovation, strategic acquisitions and partnerships to promote economic progress and job creation. For more information, see www.finjan.com. HOWEVER, NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, THE ASSESSMENT SERVICES ARE PROVIDED ”AS IS” WITHOUT WARRANTY OF ANY KIND. 7. Cancellation and management of your software subscription is possible on the online portal or via Dell_Data_Software_Assist@Dell.com8. To update your payment method, change your address, or view billing history, use billing accounts in Dell Digital Locker. Please use the Dell.com account associated with your billing email address to log in.9. Dell reserves the right to cancel orders due to pricing or other errors.10. You can contact your Dell sales representative for assistance in obtaining a copy of the documents referenced here. 1 March 2021 09 April 2018, 08:30 a.m.
ET | Source: Finjan Holdings, Inc. Finjan Holdings, Inc. Follow Finjan Holdings, Inc.: Twitter: @FinjanHoldings LinkedIn: linkedin.com/company/finjanFacebook: facebook.com/FinjanHoldings (c) Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party (whose consent is not unreasonably withheld), unless Carbon Black may assign its rights or obligations under this Agreement. Contract to be awarded or delegated to the surviving business. in the event of a merger or consolidation or to a purchaser of all or substantially all of the assets of his company. Any assignment or delegation in violation of this provision is null and void. All terms and conditions of this Agreement shall be binding and enforceable in their favor by the parties and their respective successors and permitted assigns….