Full Text Document
1STPROTECT END USER LICENSE AGREEMENT Last updated: July 19, 2026 URL: https://1stprotect.ai/legal/eula This End User License Agreement (this “EULA”) is a binding contract between 1stProtect Corp., a Delaware corporation (“1stProtect”), and the entity that has obtained a license to use the 1stProtect Software Platform (the “Licensee” or “End User”). For end users who acquired the Software Platform through a 1stProtect distributor or reseller: This EULA governs the End User’s right to use the Software Platform. Commercial terms (price, payment, term, support level) are between the End User and the distributor or reseller from whom the End User purchased. For larger or negotiated deployments: The 1stProtect Master License and Services Agreement (MLSA) at https://1stprotect.ai/legal/mlsa may be substituted in place of this EULA by mutual written agreement between 1stProtect and the End User. Where executed, the MLSA supersedes this EULA. By installing, accessing, or using the Software Platform, by clicking “I accept,” or by allowing the End User’s authorized users to do any of the foregoing, End User agrees to be bound by this EULA. If End User does not agree, do not install or use the Software Platform. 1. License Grant Subject to the terms of this EULA and payment of all applicable fees (whether to 1stProtect, a distributor, or a reseller), 1stProtect grants End User a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license, during the subscription term identified in the End User’s order, to: • install Sensors on the number of Endpoints purchased; • access and use the Software Platform for End User’s internal business purposes; and • use the accompanying Documentation in connection with such use. The Software Platform is licensed, not sold. 1stProtect retains all right, title, and interest in and to the Software Platform. 2. Definitions “Endpoint” means a computing device — including a server, workstation, laptop, container, virtual machine, Kubernetes node, or industrial control system — on which a Sensor is installed. “Sensor” means an instance of the 1stProtect SIGMA engine deployed on an Endpoint. “Software Platform” means the 1stProtect unified runtime enforcement platform, including the SIGMA engine, the 22 Protect modules, the on-host MCP Server, the customer portal, and any updates or upgrades made available by 1stProtect. “Documentation” means the user guides, technical specifications, and operating manuals 1stProtect makes available for the Software Platform. “Customer Data” means electronic data and information submitted by or for End User to the Software Platform, including telemetry derived from End User’s IT environment. 3. Restrictions End User shall not, and shall not permit any user or third party to: • reverse engineer, decompile, disassemble, or attempt to derive source code from the Software Platform, except to the extent applicable law prohibits this restriction; • modify, translate, or create derivative works of the Software Platform or Documentation; • rent, lease, sell, redistribute, sublicense, or transfer the Software Platform, or use it for the benefit of a third party (including outsourcing or service-bureau use), without 1stProtect’s separate written agreement; • circumvent or disable any technical protection or telemetry feature; • remove or obscure proprietary notices; • use the Software Platform to develop a competitive product or to publish benchmarks; • deploy more Sensors than purchased; or • use the Software Platform in violation of applicable law. 4. Updates and Support 4.1 1stProtect may issue updates that add features, fix bugs, or address security issues. End User is responsible for installing updates in a timely manner. 1stProtect supports the most recent generally available version and the two immediately superseded versions. 4.2 Support is provided in accordance with the support level purchased. Standard support details are published in the Documentation; enhanced support requires a separate support agreement. 5. Audit 1stProtect may, on at least thirty (30) days’ written notice and not more than once per year, audit End User’s deployment for compliance with the licensed Sensor count. If End User has deployed more Sensors than licensed, End User shall purchase the additional Sensors at then-current list prices and pay for any audit costs if the over-deployment exceeds five percent (5%). 6. Data Collection and Use 6.1 The Software Platform processes telemetry locally on the Endpoint. By default, only confirmed detection events — not raw payload contents — are transmitted to 1stProtect’s cloud infrastructure for dashboard display, alerting, and threat intelligence. 6.2 1stProtect uses telemetry to (a) provide and operate the Software Platform, (b) detect and respond to threats, (c) improve the Software Platform’s detection engines (including via aggregated, de-identified threat-intelligence data), and (d) comply with legal obligations. 6.3 1stProtect does not inspect payload content unless End User explicitly configures the Software Platform for data-loss-prevention inspection of specific data streams. 7. Data Privacy and Security 7.1 1stProtect maintains a written information security program with administrative, technical, and physical safeguards designed to protect Customer Data, including AES-256 encryption at rest, TLS 1.3 encryption in transit, and the controls required for 1stProtect’s SOC 2 Type II attestation and ISO 27001 certification. 7.2 Where 1stProtect processes personal data on End User’s behalf, the parties’ rights and obligations are governed by the Data Processing Agreement at https://1stprotect.ai/legal/dpa, which is incorporated by reference. 7.3 1stProtect shall notify End User without undue delay (and in any event within seventy-two (72) hours) after becoming aware of any actual or reasonably suspected unauthorized acquisition of Customer Data in 1stProtect’s custody. 8. Confidentiality The Software Platform, Documentation, and detection logic are 1stProtect’s confidential information. End User shall not disclose them to any third party except to its personnel and contractors who have a need to know and are bound by confidentiality obligations no less protective than those in this EULA. Confidentiality obligations survive termination of this EULA for five (5) years. 9. Warranties and Disclaimer 9.1 1stProtect warrants that, during the subscription term, the Software Platform will perform materially in accordance with the Documentation. As End User’s sole remedy for breach of this warranty, 1stProtect shall use commercially reasonable efforts to correct the non-conformity; if 1stProtect cannot do so within thirty (30) days, End User may terminate the affected order and receive a pro-rata refund of prepaid unused fees (paid through the distributor or reseller, where applicable). 9.2 EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, THE SOFTWARE PLATFORM IS PROVIDED “AS IS” AND 1STPROTECT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. 1STPROTECT DOES NOT WARRANT THAT THE SOFTWARE PLATFORM WILL DETECT, PREVENT, OR RESPOND TO ALL THREATS, OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE. NO SECURITY PRODUCT CAN DETECT OR PREVENT ALL ATTACKS. 10. Indemnification 10.1 1stProtect shall defend End User against third-party claims that the Software Platform, used in accordance with this EULA, infringes a U.S. patent, copyright, trademark, or trade secret, and shall pay damages and costs finally awarded or agreed in settlement, subject to End User giving prompt notice, sole control of defense, and reasonable cooperation. 1stProtect’s options include procuring continued rights, modifying the Software Platform, or refunding prepaid unused fees. 10.2 1stProtect has no obligation under Section 10.1 for claims arising from (a) End User modifications, (b) combinations with non-1stProtect technology where the claim would not have arisen but for the combination, (c) use of a superseded version, or (d) use contrary to the Documentation. THIS SECTION 10 IS THE SOLE REMEDY FOR INFRINGEMENT CLAIMS. 10.3 End User shall defend 1stProtect against third-party claims arising from End User’s Customer Data, breach of Section 3, or unlawful use, subject to reciprocal procedural conditions. 11. Limitation of Liability 11.1 EXCEPT FOR LIABILITY UNDER SECTION 8 (CONFIDENTIALITY), SECTION 10 (INDEMNIFICATION), OR ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR COSTS OF SUBSTITUTE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11.2 EXCEPT FOR LIABILITY UNDER SECTION 8, SECTION 10, OR ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE FEES PAID FOR THE AFFECTED LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. 12. Term and Termination 12.1 This EULA continues for the duration of End User’s subscription. Either party may terminate for material breach uncured within thirty (30) days after written notice. 12.2 Upon termination, End User shall cease use of the Software Platform and uninstall all Sensors. Sections 3, 5, 6.3, 7.3, 8, 9.2, 10, 11, and 13 survive termination. 13. General 13.1 Governing Law. This EULA is governed by Delaware law, excluding its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply. 13.2 Disputes. Disputes are resolved by binding arbitration in San Francisco, California, under JAMS Comprehensive Arbitration Rules, before a single arbitrator. Either party may seek injunctive relief in court to protect intellectual property or confidential information. Class actions are waived. 13.3 Export Controls. The Software Platform is subject to U.S. export laws (EAR) and OFAC sanctions. End User shall comply with all applicable export laws and shall not export, re-export, or transfer the Software Platform to any prohibited country, person, or entity. 13.4 Government Use. If End User is a U.S. government entity, the Software Platform is “commercial computer software” under FAR 12.212 and DFARS 227.7202. 13.5 Assignment. End User may not assign this EULA without 1stProtect’s consent, except that either party may assign on notice in connection with a merger, acquisition, or asset sale. 13.6 Modifications. 1stProtect may update this EULA prospectively. Material changes do not apply to an active subscription term. 13.7 Entire Agreement. This EULA, together with End User’s order and the DPA, is the entire agreement on its subject matter. Pre-printed terms on End User purchase orders are of no effect. 13.8 Severability. If any provision is unenforceable, the remainder remains in effect. Contact: [email protected] · Security: [email protected]