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End-User License Agreement (EULA) of Prelude Operator

This End-User License Agreement ("EULA") is a legal agreement between you and Prelude Research, Inc.

This EULA Agreement governs your download and use of the Prelude Operator software ("Software") directly from Prelude Research, Inc.

Please read this EULA Agreement carefully before downloading the Software and/or any updates. It provides a license to use the Software and contains warranty information and liability disclaimers.

This EULA Agreement governs the use of the Software for all users, whether on a free or paid license. By downloading the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA Agreement.

If you are entering into this EULA Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA Agreement, do not install or use the Software, and you must not accept this EULA Agreement.

This EULA Agreement shall apply only to the Software supplied by Prelude Research, Inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Prelude Research, Inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Subject to and conditioned upon your payment of fees (if any) and full compliance with all other terms of this Agreement, Prelude Research, Inc. hereby grants you a personal, non-sublicensable, non-transferable, non-exclusive license to use the Software during the Term on your devices for your own personal use in accordance with the terms of this EULA Agreement.

You are permitted to load the Software (for example a PC, laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;
  • Reproduce, copy, distribute, loan, resell or otherwise use the Software for any commercial purpose;
  • Allow any third party to use the Software on behalf of or for the benefit of any third party;
  • Use the Software in any way which breaches any applicable local, national or international law; or
  • Use the Software for any purpose that Prelude Research, Inc. considers is a breach of this EULA Agreement

Intellectual Property and Ownership

Prelude Research, Inc. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Prelude Research, Inc.

WARRANTY DISCLAIMER

THE SERVICES AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED "AS-IS", WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. COMPANY HEREBY DISCLAIMS FOR ITSELF AND ALL SUPPLIERS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

INDEMNIFICATION.

Customer shall indemnify, defend and hold harmless Company from and against all costs, expenses, claims, liabilities, demands, causes of action, losses or damages and all costs and expenses (including reasonable attorneys’ fees) arising from: (1) any use of the Services by Customer in breach of this Agreement; and/or (2) the negligence or willful misconduct of Customer or its employees, agents or representatives.

LIMITATION OF LIABILITY

NOTHING IN THIS AGREEMENT (OR ANY ORDER FORM) SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; OR (II) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL EITHER PRELUDE OR THEIR SUPPLIERS BE LIABLE TO CUSTOMER (OR ANY PERSON CLAIMING THROUGH SUCH PARTY) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE MAXIMUM LIABILITY OF PRELUDE RESEARCH, INC. OR THEIR SUPPLIERS FOR ANY AND ALL CLAIMS UNDER AN APPLICABLE ORDER FORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE $1 IF CUSTOMER IS ACTIVELY ON A PAID LICENSE. THE FOREGOING LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Termination

This EULA Agreement is effective from the date you first download the Software and shall continue in perpetuity.

Governing Law

This EULA Agreement, and any dispute arising out of or in connection with this EULA Agreement, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. The federal and state courts sitting in New York, New York, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this EULA Agreement.

Entire Agreement

This EULA Agreement, and, if applicable, the SaaS Services Agreement executed by the parties, constitutes the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by the party against whom the waiver, amendment, or modification is to be enforced; however, there will be no force or effect given to any additional terms contained in any purchase order or other vendor form issued by Customer, even if signed by Company after the date hereof. In the event of any conflicts between the provisions of this EULA Agreement and the SaaS Services Agreement, the terms and conditions of the SaaS Services Agreement shall control.

Current as of August 24, 2021

Emulate

Adversary Emulation

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Continous

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