End User License Agreement

Important — please read the terms and conditions of this license agreement carefully before proceeding with the installation of the Program.

Syspeace AB's End-User License Agreement (EULA) is a legal agreement between you (either an individual or an entity) and Syspeace AB for the Syspeace AB software product(s) Syspeace Server IPS and any related software components, media, printed materials, and online or electronic documentation (collectively, "Syspeace Server IPS", "the Software", or "the software product"). By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this EULA.

This EULA constitutes the entire agreement concerning the Program between you and Syspeace AB (the "Licensor"), and supersedes any prior contracts, representations, or agreements between the parties. If you do not agree to the terms of this EULA, do not install or use the software product.

General license terms

This EULA is a legal agreement between you, as Licensee, and Syspeace AB. It governs the terms of use for the software license you have purchased and applies exclusively. The current version of this License Agreement is available at any time on Syspeace's website.

Syspeace Server IPS includes machine-readable computer programs, in part source code, as well as documentation in electronic format. The functional scope of the software product, and instructions for its use, are presented in detail on Syspeace AB's website, independently of the installation, use, or purchase of the software product.

Syspeace Server IPS is protected by national copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Syspeace Server IPS is licensed, not sold.

The product is distributed in separate parts. "Syspeace Service" (or "service") is the component providing detection and protection. "Syspeace Console" (or "console") is the component providing administration access. (For Syspeace version 3, Syspeace Console and Syspeace Service are contained in the same part.)

Terms of use

By accepting this Agreement, Syspeace AB grants you, the Licensee, a non-exclusive, perpetual license to use the Software, provided that you agree to the following terms:

• You are entitled to install the Syspeace Service component on a server and use it as intended.
• You are entitled to install the Syspeace Console component on non-server or server computers and use it as intended.
• You are entitled to operate the software product under a single domain.
• You are not entitled to sell, rent, or lease the software product or parts of it.
• You are not entitled to grant sublicenses to third parties unless there is a separate written agreement between you and Syspeace AB (Reseller Agreement); the license is not otherwise transferable without Syspeace AB's prior written consent.
• You are not entitled to make copies beyond what is necessary for the intended use of the software product.
• You are not entitled to reverse engineer, decompile, or disassemble the software product, except to the extent applicable law expressly permits this notwithstanding this limitation.

Subject matter of the contract

For the quality and functionality of the software delivered by Syspeace AB, the performance description of the software product, freely available on the Syspeace website in its current version at any time, is conclusively authoritative. Syspeace AB does not owe a quality of the software beyond that performance description.

The Software can only be operated if it is able to access Syspeace AB's network via the internet at runtime, for the purpose of checking the validity of the license — an internet connection is required to operate the Software. As part of this regular validity check, the following data is transferred to Syspeace AB: the domain on which the software is installed, a unique software identifier, and the software version. If no valid license is found during a validity check, the software is automatically deactivated until a new license is purchased.

Part of the software product's functionality is based on the aggregated behavior of attackers observed across all instances of the software product. Syspeace AB has the right to collect information associated with the IP-address blocks the software product performs, and information about the environment the software product runs in.

Delivery and installation

Syspeace AB agrees to deliver the Software to the Licensee in machine-readable form via download from the Syspeace website. Installation, customization, and acceptance of the Software on a server, for a fee, can be performed by you or by a third party contracted by you.

Support, improvements, and further development

With the purchase of a license, the Licensee receives ongoing support, improvements, and upgrades. This includes free provision of software updates and upgrades as part of Syspeace AB's regular update and bug-fixing process, free provision of updated standard software documentation, and support requests via the ticket system at support@syspeace.com. These services continue to be provided on an ongoing basis; there is no scheduled end date for support or development. Third-party software is excluded from the terms of this EULA.

Copyright

The Software and all copies made of it are the intellectual property of Syspeace AB, protected by copyright laws and international copyright regulations. You are obliged to treat the Software like any other material protected by copyright, and may use it only within the scope of this License Agreement. You may not remove any trademarks or copyright notices from the delivered program parts.

Export restrictions

You agree that you will not export or transfer the Software, or any portion of it, to any country to which such export or transfer is restricted by applicable Swedish, U.S., or Canadian regulations or statutes.

Warranty

Syspeace AB expressly disclaims any warranty for the software product. Syspeace Server IPS is provided "as is" without any express or implied warranty of any kind, including as to the accuracy or completeness of its content. Syspeace AB makes no warranty with respect to damages caused by the transmission of any computer virus, worm, time bomb, logic bomb, Trojan horse, or other such program.

If a defect appears, Syspeace AB must be informed without delay (within two weeks of the Licensee becoming aware of it). Syspeace AB warrants, for three months from the date of delivery, that the Software will substantially conform to the program description in the accompanying documentation. Syspeace AB will remedy a reported defect within a reasonable time, at its option, by delivering a replacement, eliminating the defect, or offering an equivalent workaround.

Disclaimer

The software product is not designed or licensed for use in hazardous environments such as nuclear facilities, aircraft navigation or control, or other life-critical solutions.

Limitation of liability

In no event shall Syspeace AB be liable for any indirect, special, incidental, or consequential damages, including lost profits, business interruption, or lost data. Syspeace AB is only liable for damages caused intentionally or by gross negligence, and only as far as mandatory by law. In the event of a breach of a material contractual obligation, liability is limited to compensation for foreseeable, typically occurring damage up to one times the value of the license. The Licensee is obligated to regularly back up its own data.

Third-party rights

If a third party asserts that the Software infringes its rights, the Licensee shall notify Syspeace AB without undue delay and give Syspeace AB a reasonable opportunity to address the claim. If the Software is found to infringe third-party rights, Syspeace AB will, at its own option and expense, either procure the necessary rights of use or redesign the Software so it no longer infringes.

Test versions

The Syspeace Console software, and other components installed separately from Syspeace Service ("supporting software"), is available free of charge with full functionality, subject to acceptance of this license, and is not affected by trial licenses or time limitations.

Prior to purchasing a license, a potential Licensee may obtain a free test version of the Syspeace Service software, limited to 30 days from first installation. Aside from this time limit, the test version corresponds in full functionality to the licensed Syspeace Service software. The trial version should be used in a server environment that does not interfere with or jeopardize the workflow, data, or other software of the eventual Licensee. All warranties and liability claims are explicitly excluded for trial versions. If a paid license is purchased during the trial period, the trial license is automatically converted to a full license upon expiration of the trial period, with no new installation required.

Changes to this EULA or to Syspeace Server IPS

Syspeace AB reserves the right, at its sole discretion, to revise, update, or modify the terms of this EULA for security, legal, best-practice, or regulatory reasons, with or without prior notice. You are responsible for checking this EULA periodically for changes; continued use of Syspeace Server IPS following a revision constitutes acceptance of that revision. If a future change is unacceptable to you, you may terminate this EULA and must uninstall Syspeace Server IPS and destroy all copies.

Syspeace AB may modify Syspeace Server IPS at any time, for any reason, including for technical reasons such as updates, maintenance, or optimization, and modifications may install or download automatically. Syspeace AB may stop supporting previous versions once an updated version is available.

Entire agreement

This EULA is the entire agreement between you and Syspeace AB relating to Syspeace Server IPS and any Support Services, and supersedes all prior communications, proposals, and representations on the same subject matter.

No waiver

No failure or delay by Syspeace AB to exercise any right or remedy under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor preclude its further exercise.

Law and jurisdiction

To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it are governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of laws. This EULA is not governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded.

Contact us

If you have any questions about this EULA, you can contact us.

Syspeace AB
Bohusgatan 41
SE-116 67 Stockholm
Sweden
Email: support@syspeace.com