Supplemental End User License Agreement for Cisco Systems Content Security Software
IMPORTANT: READ CAREFULLY
This Supplemental End User License Agreement ("SEULA") contains additional terms and conditions for the Software product licensed under the End User License Agreement ("EULA") between You ("You" as used herein means You and the business entity you represent or "Company") and Cisco (collectively, the "Agreement"). Capitalized terms used in this SEULA but not defined will have the meanings assigned to them in the EULA. To the extent that there is a conflict between the terms and conditions of the EULA and this SEULA, the terms and conditions of this SEULA will take precedence.
In addition to the limitations set forth in the EULA on your access and use of the Software, you agree to comply at all times with the terms and conditions provided in this SEULA.
DOWNLOADING, INSTALLING, OR USING THE SOFTWARE CONSTITUTES ACCEPTANCE OF THE AGREEMENT, AND YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT TO THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE (INCLUDING ANY UNOPENED CD PACKAGE AND ANY WRITTEN MATERIALS) FOR A FULL REFUND, OR, IF THE SOFTWARE AND WRITTEN MATERIALS ARE SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM CISCO OR AN AUTHORIZED CISCO RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.
For purposes of this SEULA, the Product name and the Product description You have ordered is any of the following Cisco Systems Email Security Appliance ("ESA"), Cisco Systems Web Security Appliance ("WSA") and Cisco Systems Security Management Application ("SMA") (collectively, "Content Security") and their Virtual Appliance equivalent ("Software"):
Cisco AsyncOS for Email
Cisco AsyncOS for Web
Cisco AsyncOS for Management
Cisco Email Anti-Spam, Sophos Anti-Virus
Cisco Email Outbreak Filters
Cloudmark Anti-Spam
Cisco Image Analyzer
McAfee Anti-Virus
Cisco Intelligent Multi-Scan
Cisco RSA Data Loss Prevention
Cisco Email Encryption
Cisco Email Delivery Mode
Cisco Web Usage Controls
Cisco Web Reputation
Sophos Anti-Malware
Webroot Anti-Malware
McAfee Anti-Malware
Cisco Email Reporting
Cisco Email Message Tracking
Cisco Email Centralized Quarantine
Cisco Web Reporting
Cisco Web Policy and Configuration Management
Cisco Advanced Web Security Management with Splunk
Email Encryption for Encryption Appliances
Email Encryption for System Generated Bulk Email
Email Encryption and Public Key Encryption for Encryption Appliances
Large Attachment Handling for Encryption Appliances
Secure Mailbox License for Encryption Appliances
Definitions
For purposes of this SEULA, the following definitions apply:
"Company Service" means the Company's email, Internet, security management services provided to End Users for the purposes of conducting Company's internal business.
"End User" means: (1) for the WSA and SMA, the employee, contractor or other agent authorized by Company to access the Internet and the SMA via the Company Service; and (2) for the ESA, the email boxes of the employees, contractors, or other agent authorized by Company to access or use the email services via the Company Service.
"Ordering Document" means the purchase agreement, evaluation agreement, beta, pre-release agreement or similar agreement between the Company and Cisco or the Company and a Cisco reseller, or the valid terms of any purchase order accepted by Cisco in connection therewith, containing the purchase terms for the Software license granted by this Agreement.
"Personally Identifiable Information" means any information that can be used to identify an individual, including, but not limited to, an individual's name, user name, email address and any other personally identifiable information.
"Server" means a single physical computer or devices on a network that manages or provides network resources for multiple users.
"Services" means Cisco Software Subscription Services.
"Service Description" means the description of the Software Subscription Support Services at http://www.cisco.com/c/en/us/about/legal/service-descriptions.html.
"Telemetry Data" means samples of Company's email and web traffic, including data on email message and web request attributes and information on how different types of email messages and web requests were handled by Company's Cisco hardware products. Email message metadata and web requests included in Telemetry Data are anonymized and obfuscated to remove any Personally Identifiable Information.
"Term" means the length of the Software subscription You purchased, as indicated in your Ordering Document.
"Virtual Appliance" means the virtual version of Cisco's email security appliances, web security appliances, and security management appliances.
"Virtual Machine" means a software container that can run its own operating system and execute applications like a Server.
Additional License Terms and Conditions
LICENSE GRANTS AND CONSENT TO TERMS OF DATA COLLECTION
License of Software.
By using the Software and the Documentation, Company agrees to be bound by the terms of this Agreement, and so long as Company is in compliance with this Agreement, Cisco hereby grants to Company a nonexclusive, non-sublicensable, non-transferable, worldwide license during the Term to use the Software only on Cisco's hardware products, or in the case of the Virtual Appliances, on a Virtual Machine, solely in connection with the provision of the Company Service to End Users. The number of End Users licensed for the use of the Software is limited to the number of End Users specified in the Ordering Documents. In the event that the number of End Users in connection with the provision of the Company Service exceeds the number of End Users specified in the Ordering Documents, Company shall contact an Approved Source to purchase additional licenses for the Software. The duration and scope of this license(s) is further defined in the Ordering Document. The Ordering Document supersedes the EULA with respect to the term of the Software license. Except for the license rights granted herein, no right, title or interest in any Software is granted to the Company by Cisco, Cisco's resellers or their respective licensors. Your entitlement to Upgrades to the Software is subject to the Service Description. This Agreement and the Services are co-terminus.
Consent and License to Use Data.
Subject to the Cisco Privacy Statement at http://www.cisco.com/web/siteassets/legal/privacy.html, Company hereby consents and grants to Cisco a license to collect and use Telemetry Data from the Company. Cisco does not collect or use Personally Identifiable Information in the Telemetry Data. Cisco may share aggregated and anonymous Telemetry Data with third parties to assist us in improving your user experience and the Software and other Cisco security products and services. Company may terminate Cisco's right to collect Telemetry Data at any time by disabling SenderBase Network Participation in the Software. Instructions to enable or disable SenderBase Network Participation are available in the Software configuration guide.
Description of Other Rights and Obligations
Please refer to the Cisco Systems, Inc. End User License Agreement, Privacy Statement and Service Description of Software Subscription Support Services.