Xcitium Platform Terms

Xcitium Platform EULA (07052022)
XCITIUM PLATFORM TERMS AND END USER LICENSE AGREEMENT
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AND WAIVER
OF CLASS ACTION CLAUSE
IMPORTANT—PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OR
USING THE XCITIUM PLATFORM (“THE “PRODUCT”). BY SUBSCRIBING TO, ACCESSING OR
USING THE PRODUCT OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT 1)
YOU HAVE READ THIS AGREEMENT, 2) YOU UNDERSTAND IT, AND 3) YOU AGREE TO THE
TERMS HEREIN. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT SUBSCRIBE TO OR
USE THE PRODUCT AND CLICK “DECLINE” BELOW.


This end-user license agreement is a legal contract between you, as either an individual or as a business
entity, and either: Xcitium, Inc., a Delaware company with offices at 200 Broadacres Drive, Second Floor,
Bloomfield, NJ 07003, United States, hereinafter referred to as “Xcitium.”


This end-user license agreement covers the following features, which are included and may be enabled
at your option, as part of the Xcitium account: RMM, Service Desk, Patch Management, Xcitium Endpoint
Manager (separate EULA attached as Exhibit), and the Xcitium Platform Store. The Xcitium Standard
Module EULA is attached as Exhibit B. Additional products of Xcitium are also provided through the
Xcitium Platform, such as Xcitium’s Secure Internet Gateway, the terms of which are attached as Exhibit
C. The user can also subscribe to other products through the Xcitium Platform.


In exchange for use of the Product, you agree as follows:


1. General
1.1. Grant of License. Xcitium grants you a limited, non-exclusive, non-transferable, and
revocable license to download, install, access and use on your computer network(s) the
Product, including any documentation and files accompanying the Product. You shall not
resell, lease, sell, modify, reverse engineer, decompile, or create derivative works of any
software provided together with this Product. All rights not expressly granted herein are
reserved to Xcitium. Any violation of this paragraph or other license terms shall result in
automatic termination of the license grant and Xcitium may enforce its legal rights under
any applicable law, including copyright and intellectual property laws.
1.2. Scope. The Product consists of endpoint security, and as applicable, remote monitoring
and management, service desk, and patch management modules as described on the
Xcitium websites. The Product includes store and tools sections for adding more modules
and tools. The specific scope of the Product is in Xcitium’s sole discretion and may
change without notice.
1.3. Access. The Product is provided via cloud services and may be accessed anywhere with
proper credentials. You are responsible for providing and maintaining your network
connections. You warrant that use of the Product complies with all applicable computer
and network policies which you are using for access. For MSP and Enterprise
accounts, there is the option for Two Factor Authentication:
Prerequisites for Two Factor authentication usage:
• Authorized account user configuration
• Google Authenticator configuration on mobile device
Back up codes are available for users having Two Factor Authentication enabled.
Xcitium Platform EULA (07052022)
Further, Enterprise accounts have ability to use Cloud Backup services, with available
backup region options.


2. Limitations
2.1. Scope. The scope and extent of the Product are limited to the options selected by you
when registering for the Product. Xcitium provides the Product in any manner it sees fit.
Xcitium may modify the scope, type, and access to the Product without notice. The
Product does not cover restoration of the Product, repair the Product, lost or expected
profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files.
Xcitium does not guarantee against the loss of any file, information, or data. Unless your
subscription to the Product states otherwise, you are solely responsible for backing up
and safely storing its data, information, and files. You shall (1) obtain and pay for all
equipment and third-party product required to use and receive the Product and (2) be
responsible for all content on both your computer and network.
2.2. Quality of Product. Xcitium provides the Product using commercially reasonable efforts.
Xcitium does not represent that commercially reasonable efforts will optimally configure a
network or provide you with any significant energy or cost savings.
2.3. Compliance with Laws. You shall comply with all laws, regulations, and other restrictions
when using the Product, including any applicable data collection, privacy, and export
control laws or regulations. You may not use the Product to 1) engage in conduct that is
offensive, abusive, contrary to public morality, indecent, defamatory, obscene, or
menacing, 2) cause Xcitium or a third party distress, harassment, denial of any service,
disruption or inconvenience, or 3) send or receive unsolicited bulk correspondence.


3. Ownership. Xcitium retains its rights at all times over the Product, including its ownership or
licensed rights in any software or intellectual property accompanying the Product. You shall not
use Xcitium’s trademarks except with Xcitium’s prior written consent.


4. Promotions
4.1. Terms. Xcitium occasionally offers promotions and special offers ("Promotion") such as
free trials. Xcitium may terminate a Promotion at any time. If you subscribe to the
Product during a Promotion, you are bound by the terms of the Promotion as set forth on
the advertisement or web page of the Promotion.


5. Term and Termination
5.1. Term. This agreement is effective for one year or as otherwise indicated in any
applicable purchase order, unless terminated earlier by you or by Xcitium. If this is a paid
Product, you may only use paid Products during the period for which you have paid the
subscription fee or as indicated on any applicable purchase order. The subscription may
be renewed by paying an additional license fee as set forth on the Xcitium website.
5.2. Termination by You. For free software, you may terminate this agreement at any time by
removing all copies of the software in your possession or under your control. All paid
Products may be terminated by removing all copies of any related software and notifying
Xcitium of your intent to terminate this agreement. Notification of termination must be
sent by email to support@Xcitium.com. Your termination will be effective upon
Xcitium’s receipt and processing of the email. Processing may take up to 24 hours.
5.3. Termination by Xcitium. Xcitium may terminate this agreement at any time by posting
notice of the termination on its website or sending an email to the address provided
during your registration for the Products. Xcitium may monitor its systems for excessive
Xcitium Platform EULA (07052022)
consumption of network resources and may take technical or other remedies deemed
necessary to prevent or eliminate any excessive consumption. If Xcitium deems your use
to be excessive, Xcitium may, with email notice, terminate your account or adjust the
price of the Products. Violation of the license granted in paragraph 1.1 results in
automatic termination of the license and this agreement with all rights reverting back to
Xcitium.
5.4. Events Upon Termination. Upon termination, you must immediately cease using the
Products and delete all copies of any related software found on your computer and any
backup copies made. Upon termination, Xcitium may disable further use of the Products
without further notice and may delete, remove, and erase any account information, any
backup data stored by Xcitium, and any other information stored or collected by Xcitium.
Such deletions are in Xcitium’s sole discretion and may occur without notice to you. No
refunds shall be given for any reason.


6. Warranty Disclaimers and Limitations on Liability
6.1. Internet. You acknowledge that the Product is subject to the operation and
telecommunications infrastructures of the Internet and your network and that the
operation of the Internet and your network connections are all beyond Xcitium’s control.
6.2. Warranty Disclaimer; Assumption of Risk. YOU ACKNOWLEDGE THAT XCITIUM
PROVIDES THE PRODUCT “AS IS” AND “AS AVAILABLE”. XCITIUM EXPRESSLY
DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE PRODUCT AND
RELATED SOFTWARE. THIS DISCLAIMER INCLUDES ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY
LAW. XCITIUM DOES NOT GUARANTEE THAT 1) THE PRODUCT WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCT
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU BEAR THE
ENTIRE RISK AS TO THE QUALITY OF THE PRODUCT.
6.3. Damage Limitation. YOU WAIVE ALL LIABILITY OF XCITIUM AND ITS AFFILIATES,
AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND
CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT. YOU
WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST
PROFITS, REVENUE, USE, OR DATA AND APPLIES EVEN IF XCITIUM IS AWARE OF
THE POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum
extent permitted by law regardless of 1) the reason for or nature of the liability, including
tort claims, 2) the number of claims, 3) the extent or nature of the damages, and 4)
whether any other provisions of this agreement have been breached or proven
ineffective.
6.4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED
THROUGH THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY
RESPONSIBLE FOR THE USE OR YOUR POSSESSION OF SUCH DATA OR
MATERIAL. XCITIUM DOES NOT ACTIVELY MONITOR ANY INFORMATION OR
MATERIAL TRANSFERRED THROUGH ITS SERVICES AND CANNOT WARRANT
THE CONTENT OF SUCH MATERIAL OR DATA. COMMUNICATIONS AND DATA
RETURNED TO YOU FROM XCITIUM’S SERVERS IS SENT TO RECIPIENT IN ITS
ORIGINAL STATE AND NOT NECESSARILY ENCRYPTED. XCITIUM EXPRESSLY
DISCLAIMS ANY ENCRYPTION OF COMMUNICATIONS AND DATA DURING
TRANSFER.
6.5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting
certain damages, then the disclaimers of warranty and limitations on liability herein apply
Xcitium Platform EULA (07052022)
only to the maximum extent allowed by law.


7. Remedy
7.1. Limitation on Actions. Except for actions and claims related to a party’s indemnification
and confidentiality obligations, all claims and actions arising from this agreement must be
brought within one (1) year from the date when the cause of action occurred.
7.2. Remedy. Your sole remedy for a defect in the Product is to have Xcitium attempt to cure
the defect. Xcitium is not obligated to correct a defect if (i) the Product was misused,
damaged, or modified, (ii) you did not promptly report the defect to Xcitium, or (iii) you
have breached any provision of this agreement.


8. Privacy and Permissions
8.1. Privacy Policy. Xcitium shall follow the privacy policy posted at its website when using
collected personal information. Xcitium may revise its privacy policy without notice by
posting the amended privacy policy on the Xcitium website. You shall periodically review
the website to be aware of changes.
8.2. Communication. Xcitium may send you communications regarding your account, the
Product, or its other products. By accepting this agreement, you consent to receiving
marketing material from Xcitium. You may withdraw this consent later and opt-out of
receiving communication by unsubscribing from emails you receive.
The Product has a unified notification ability where module notifications may be
monitored over the Product’s platform.
8.3. Data Collection. Xcitium may collect any information necessary to ensure your
compliance with this agreement. Xcitium may also collect non-personally identifiable
information about your use of the Product. Xcitium may monitor and create logs relating
to the Product usage, for improving customer service, internal training, and internal
market research. Xcitium may disclose these logs and any other information to satisfy
any law, regulation or other governmental request, to operate the Product properly, or to
protect ourselves and/or Xcitium’s customers.
Data Collection may include:
obtaining system information from a client's computer;
retrieving a list of installed software, browser add-ons, and active tcp/udp
connections from a client's computer;
remote support session details logs; and
collecting operational and audit logs

Customer user interface actions are logged about Product usage.
The Xcitium portal provides data synchronization with enabled Xcitium applications, as
well as synchronization with services such as Microsoft Azure - please review the terms
of this third party application for more information.
Options are provided for regional data storage per customer region.
8.4 Permissions. Upon acceptance by you, information collected by the Product will include
(if you provide): company and contact name, phone, email, geo-location, such as zip
code, and industry for the purpose of providing offers and promotions regarding other
Xcitium products and services.
Xcitium Platform EULA (07052022)
If you desire to opt-out of this module, please write to: support@Xcitium.com to disable
access.
There is an automatic subscription of the Endpoint Manager, modules, Service Desk
applications. The Service Desk includes telemetric logging for administrators and staff;
audit logs and syslogs for monitoring. For authentication and authorization with Service
Desk, Microsoft Azure integration is used – please review the terms of this third party
application for more information.
For newly created accounts, remote access for Xcitium is enabled by default for
immediate support by sales engineers. Users may disable this feature at any time.
If you subscribe, automatic payment is done for the Acronis post-payment option.


9. Arbitration. The laws of the state of New Jersey, USA, govern the interpretation, construction,
and enforcement of this Agreement and all proceedings arising out of it, including tort claims,
without regard to any conflicts of law principles. Any controversy or claim arising out of or relating
to this contract, or the breach thereof, shall be settled by arbitration administered by the
International Chamber of Commerce in accordance with its Arbitration Rules, with the venue in
Bloomfield, NJ, USA and judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction thereof. The arbitration shall be conducted in English. Either party
may appear before the panel by telephone.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND XCITIUM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
NEITHER YOU NOR XCITIUM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A
FEDERAL OR STATE CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN
ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN
A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE
COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL
PARTIES TO ALL AFFECTED ARBITRATION OR PROCEEDINGS.


10. Miscellaneous
10.1. Independent Contractors. No party shall have any authority to act or bind the other party
in any way, or to represent that it has such authority. The parties are acting as
independent contractors and not as agents, partners, or employees of each other.
Neither party has the power to bind or obligate the other party and each party is
responsible for its own expenses and employees.
10.2. Notices. You shall send all notices to Xcitium by first class mail, return receipt requested,
in English writing to Xcitium, Inc., 200 Broadacres Drive, Second Floor, Bloomfield, NJ
07003, United States. Xcitium shall send all notices to the email address listed in your
account.
10.3. Entire Agreement. With respect to the Product, this agreement is the entire
understanding of the parties and supersedes all other agreements that may exist
between the parties. The parties may execute one or more counterparts of the
agreement, each of which will be deemed an original copy of the agreement. Section
headings in this agreement are for reference and convenience only and are not part of
the interpretation of the agreement.
Xcitium Platform EULA (07052022)
10.4. Modifications. Xcitium may modify this agreement by posting an updated copy of the
agreement on its website. Xcitium may also amend its website and pricing without
notice. You may not modify this agreement unless the modification is signed by Xcitium.
Xcitium may modify, supplement, or discontinue the Product, in whole or in part, without
notice.
10.5. Waiver. A party’s failure to enforce a provision of this agreement will not waive the
party’s right to enforce the same provision later or right to enforce any other provision of
this agreement. To be effective, all waivers must be both in writing and signed by the
party benefiting from the waived provision.
10.6. Force Majeure and Internet Frailties. Neither party will be liable for a delay or failure to
perform an obligation to the extent that the delay or failure is caused by an occurrence
beyond the party's reasonable control. Each party acknowledges that the operation of the
Internet is beyond the other party’s reasonable control, and neither party will be liable for
a delay or failure caused by an interruption or failure of telecommunication or digital
transmission links, Internet slow-downs or failures, or other such transmission failure.
10.7. Governing Law. The laws of the state of New Jersey, USA, govern the interpretation,
construction, and enforcement of this agreement and all proceedings arising out of it,
including tort claims, without regard to any conflicts of law principles.
The United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act shall not apply to this agreement and are
specifically excluded.
10.8. Assignment. You may not assign any of your rights or obligations under this agreement.
Any transfer without Xcitium’s consent is void. Xcitium may assign its rights and
obligations without your consent.
10.9. Severability. Any provision determined invalid or unenforceable by rule of law will be
reformed to the minimum extent necessary to make the provision valid and enforceable.
If reformation is not possible, the provision is deemed omitted and the balance of the
agreement remains valid and enforceable.
10.10. Survival. All provisions of the agreement relating to confidentiality, proprietary rights,
indemnification, and limitations of liability survive the termination of the agreement.
10.11. Rights of Third Parties. There are no third party beneficiaries under the agreement.


11. Included Software and Licenses
The following third party software is distributed with, and is provided under, other licenses and/or has
source available from other locations.
Component License
osTicket GPLv2
Vfense LGPLv3
OpenSSL OpenSSL License
SSLeay License
Qt Framework GPLv3
Google Protocol Buffers 3-Clause BSD License
Zlib zlib License
Xcitium Platform EULA (07052022)
Copies of the licenses covering some of these or other components can be found at the following
destinations:
1. GNU General Public License version 2 (June 1991) (“GPLv2”), which can be found here:
http://www.gnu.org/licenses/gpl-2.0.html
2. GNU General Public License version 3 (29 June 2007) (“GPLv3”), which can be found here:
http://www.gnu.org/copyleft/gpl.html
3. GNU Lesser General Public License version 3 (29 June 2007) (“LGPLv3”), which can be found here:
https://www.gnu.org/licenses/lgpl.html
4. OpenSSL License, which can be found here: https://www.openssl.org/source/license.html
5. SSLeay License, which can be found here: https://www.openssl.org/source/license.html
Balena
https://github.com/balena/stun-msg/blob/master/LICENSE
The following applies to components licensed under GPLv2:
Xcitium’s products include components that are licensed or sublicensed under GPLv2. GPLv2 permits the user to use, copy,
modify, or redistribute modules. A copy of the GPLv2 license can be found in this Schedule 2. All open-source software
components are licensed free of charge. Xcitium does not provide a warranty for these components. For 3 years following your
purchase of the Product, Xcitium will provide, for a charge reflecting Xcitium’s distribution costs, the complete machine-readable
copy of the modified software modules that are covered by GPLv2. To obtain a complete machine-readable copy of the
corresponding source code on a medium customarily used for software interchange, please send your written request to:
opensourcesoftware@Xcitium.com and send a check in the amount of fifteen dollars ($15) US to:
ATTN: Accounting
Xcitium, Inc.
200 Broadacres Drive, Second Floor
Bloomfield, NJ 07003
United States
In your email and along with your check please include your name, address, telephone number, email address, the Xcitium product
name, and the specific open-source software components. Your request will be processed once Xcitium receives both your email
and your check.
You may copy and distribute verbatim copies of the source code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty, keep intact all the notices that
refer to GPLv2 and to the absence of any warranty, and give any other recipients of the program a copy of GPLv2 along with the
program.
The following applies to Google Protocol Buffers:
Google Protocol Buffers - protobuf
Copyright 2008, Google Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions
are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
* Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to zlib:
Copyright © 1995-2004 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any
damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and
redistribute it freely, subject to the following restrictions:
Xcitium Platform EULA (07052022)
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this
software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly jloup@gzip.org
Mark Adler madler@alumni.caltech.edu
The following license applies to Vtiger components:
https://www.vtiger.com/vtiger-public-license/
The contents of this file are subject to the Vtiger Public License (the "License"); you may not
use this file except in compliance with the License. Software distributed under the License is
distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
implied. See the License for the specific language governing rights and limitations under the
License. The Original Code is Vtiger. The Initial Developer of the Original Code is Vtiger.
Portions created by Vtiger are Copyright (C) www.vtiger.com. All Rights Reserved.
The following applies to Google Analytics:
https://github.com/GoogleWebComponents/google-analytics/blob/master/LICENSE
Additional Libraries:
ngTagsInput: The MIT License license_url:
https://github.com/mbenford/ngTagsInput/blob/master/LICENSE
angular-ui:
Bootstrap 2.4
The MIT License
https://github.com/angular-ui/ui-sortable/blob/master/LICENSE
https://github.com/angular-ui/bootstrap/blob/master/LICENSE
AngularJS 1.4.9: The MIT License
https://github.com/angular/angular.js/blob/master/LICENSE
nvd3: Apache License
https://github.com/novus/nvd3/blob/master/LICENSE.md
Jasper Report 5.0.7: LGPL
https://sourceforge.net/p/jasperreports/code/ci/master/tree/jasperreports/lic
ense.txt
Apache Tomcat
8.0.35:
Apache License
http://www.apache.org/licenses/
Oracle JDK 8: Oracle Binary Code License (BCL)
http://www.oracle.com/technetwork/java/javase/overview/javase8speclicens
e-2158700.html
spring-framework
4.2.6:
Apache License
http://www.apache.org/licenses/LICENSE-2.0
jackson-core 2.4.4: Apache License
http://www.apache.org/licenses/
logback 1.1.7: EPL, LGPL:
http://logback.qos.ch/license.html
slf4j 1.7.21: MIT License
http://www.slf4j.org/license.html
jstl 1.2.2: CDDL, GPL:
https://jstl.java.net/license.html
Xcitium Platform EULA (07052022)
javaee-web-api 7.0: CDDL:
https://glassfish.java.net/nonav/public/CDDL+GPL.html
commons-pool2 2.2: Apache:
http://www.apache.org/licenses/
mysql-connectorjava 6.0.2 :
gpl:
http://www.gnu.org/licenses/old-licenses/gpl-2.0.html
beanstalkd 1.9: MIT license:
https://github.com/kr/beanstalkd/blob/master/LICENSE
jqplot ui chart (1.0.8) MIT License
https://github.com/jqPlot/jqPlot/blob/master/copyright.txt
moment/momenttimezone with data
(0.5.7)
MIT License
https://github.com/moment/moment-timezone/blob/develop/LICENSE
jquery-filestyle
(1.5.1)
MIT License
https://github.com/markusslima/jquery-filestyle/blob/master/LICENSE-MIT
nvd3 chart (1.1.15b) Apache License
https://github.com/novus/nvd3/blob/master/LICENSE.md
ui-grid (v3.0.7) MIT License
https://github.com/angular-ui/ui-grid/blob/master/LICENSE.md
redis (2.6.2) MIT License
https://raw.githubusercontent.com/xetorthio/jedis/master/LICENSE.txt
speakeasy 2.0.0 MIT License
https://github.com/speakeasyjs/speakeasy/blob/master/LICENSE
express-session
1.14.2
MIT License
https://github.com/expressjs/session/blob/master/LICENSE
Fontawesome 4.7 Fontawesome.io SIL Open Font License
http://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL
MIT License
https://opensource.org/licenses/mit-license.html
Connect-redis 3.1.0 MIT License
https://github.com/tj/connect-redis
Font Roboto v2 Apache v. 2.0 License
http://www.apache.org/licenses/LICENSE-2.0
https://github.com/google/roboto/blob/master/LICENSE
randomstring v.1.1.5 MIT License
https://www.npmjs.com/package/randomstring
node-pool v2.5 MIT License
https://github.com/coopernurse/node-pool/tree/v2.5
angucomplete-alt
v.3.0.0
MIT License
https://github.com/ghiden/angucomplete-alt/blob/master/LICENSE


12. Acceptance
BY CLICKING “I ACCEPT”, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND ACCEPT THE PRODUCT’S FUNCTIONS. DO NOT CLICK THE “I ACCEPT”
BUTTON IF YOU DO NOT ACCEPT THIS AGREEMENT AND THE PRODUCT’S FUNCTIONS.
Xcitium Platform EULA (07052022)


EXHIBIT A
XCITIUM END USER LICENSE AGREEMENT AND TERMS OF SERVICE
ENDPOINT MANAGER
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE.
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING XCITIUM ENDPOINT
MANAGER (THE “PRODUCT”). THE PRODUCT MEANS ALL OF THE ELECTRONIC FILES PROVIDED
BY DOWNLOAD OR ACCESSED OR INSTALLED WITH THIS LICENSE AGREEMENT. BY USING
THE PRODUCT, OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY
ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT USE THE SOFTWARE,
SUBSCRIBE TO OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.


Product Functionality
Xcitium Endpoint Manager (EM) allows administrators to manage, monitor and secure mobile devices
which connect to enterprise wireless networks. Once a device has been enrolled, administrators can
remotely apply configuration profiles which determine that device's network access rights, security
settings and general preferences. EM also allows administrators to monitor the location of the device; run
antivirus scans on the device; install/uninstall device apps; remotely lock or wipe the device;
view/start/stop running services; view reports on device hardware/software information; reset user
passwords; make the device sound an alarm and more. Integration with Simple Certificate Enrollment
Protocol also allows EM end-users to enroll for and install client certificates for the purposes of two factor
authentication and identification. Administrators also have mail access control and can whitelist devices
that have access to company mail server. Monitoring of users and devices on the network may also be
performed by administrators, including communication with users directly by sending push messages to
their devices. Error logs from EM portals are collected through mails.


EM integrates with Xcitium Verdict Cloud, (https://Xcitium.com) by Xcitium, Inc., a cloud based file
analysis which tests user submitted files with a range of detectors such as heuristics, file lookup and real
time behavior analysis. The Xcitium Verdict Cloud terms are also included as an Exhibit for your
convenience.


For a complete list and description of the Product features and functions, please refer to the
Administration Guide.
This end user license and subscriber agreement is between you (“you” or “Subscriber”), an individual or
entity, and:
a. Xcitium, Inc. a Delaware corporation, with offices at 200 Broadacres Drive, Second Floor,
Bloomfield, NJ 07003, United States, hereinafter referred to as “Xcitium”.
In exchange for your use of the Product, you agree as follows:


1. License
1.1. Grant of License.
a. Standard Edition:
Xcitium grants you a limited, non-exclusive, non-transferable, and revocable license to
download, install, access and use on your computer network(s) the Product, including any
documentation and files accompanying the Product. You shall not resell, lease, sell, modify,
reverse engineer, decompile, or create derivative works of any software provided together
with this Product. All rights not expressly granted herein are reserved to Xcitium. Any
violation of this paragraph or other license terms shall result in automatic termination of the
Xcitium Platform EULA (07052022)
license grant and Xcitium may enforce its legal rights under any applicable law, including
copyright and intellectual property laws. This license is free for up to a maximum of fifty (50)
devices having Xcitium RMM installed. Each device over the fifty device limit with Xcitium
RMM shall be paid on a per device basis per month at the fees indicated on any applicable
purchase order or if no purchase order, in the manner otherwise communicated to you,
including via electronically or via the website.
In the event Xcitium determines there are multiple accounts which belong to one customer,
Xcitium will recognize only the initially opened account and will close all of the additional
accounts and send a single invoice for all of the accounts as one account.


b. Premium Edition:
Xcitium grants you a limited, non-exclusive, non-transferable, and revocable user license to
download, access, install, back-up, and use the Product on or for one (1) network device
under a valid license granted by Xcitium for the term that you have paid for, including any
documentation and files accompanying the Product. You shall not resell, lease, sell, modify,
reverse engineer, decompile, or create derivative works of the Software. All rights not
expressly granted herein are reserved to Xcitium.
Premium Edition includes license to protection with Xcitium Client Security for your devices.
This License grant shall expire at the end of the paid subscription period or at the end of the
trial period.
1.2. Restrictions. The licenses granted herein are only valid if:
(i) the Product is NOT modified in any manner;
(ii) the Product is only installed and used in accordance with your network security
policies,
(iii) you possess the necessary authority and power to install and use the Product,
(iv) you promptly pay all license fees when due, and
(v) this agreement is accepted without modification and has not been breached.
1.3. Registration. When registering Product, you must provide accurate information and must
update the registration information if it changes. Xcitium may limit your ability to use the
Product if you fail to complete a required registration process. You may also be required to
select a username and password. Maintaining the confidentiality of this password and
username is your responsibility. You must notify Xcitium immediately of any unauthorized
use of your account.
1.4. Limited License. The licenses granted herein are only for the registered end user for one (1)
device for which you paid for the Product. Each of these devices must be enrolled and
activated through the Product. You can secure additional devices by obtaining a separate
license, which might require an additional fee. You must have a license for each mobile
device that accesses or uses the Product prior to installing or using the Product.
1.5. Updates. Xcitium may, but is not obligated, to provide updates to the Product. If an update is
provided and the update is not accompanied by an additional agreement, this agreement
applies to your use and installation of the update. The Product may update automatically
without notice.
Xcitium Platform EULA (07052022)
1.6. Technical Support. Xcitium is not obligated to provide technical or customer support for
Xcitium Endpoint Manager. In the event technical or customer support is offered or included,
Xcitium has a right to alter or terminate the support at any time without notice.
1.7. Trial, Free, Evaluation, and Beta. If this agreement pertains to a trial, free, beta, or evaluation
version, the licenses granted herein terminate at the end of the trial or evaluation period or
when Xcitium disables access to the Product. For a trial version of the Product if no term is
agreed or specifically set forth in the documentation that you receive with this Product, then
the term for the licenses granted herein shall be for the term that you purchased. All trial,
evaluation, and beta licenses are limited to one per customer. Generally, credit card or
account information is required to access a free trial. However, Xcitium shall not charge your
credit card or account until the trial period has ended. At the end of the trial period, Xcitium
may bill the credit card or account for the Product without further notice. Participants in a free
trial are not entitled to a 30 day refund period. Your termination of this agreement prior to the
end of the free trial is required to avoid fees for the Product. Annual subscriptions expire one
year from the end of the trial period. Xcitium may deny or revoke a free trial for any reason.


2. Ownership
2.1. No Ownership Rights. The Product is being licensed, not sold. Xcitium retains all of its
ownership rights in and to the Product, including any intellectual property rights therein.
2.2. Copyright. The Product contains material that is protected by United States and foreign
intellectual property laws, including copyright, trade secret, and patent law. All rights not
granted to you herein are expressly reserved by Xcitium. You may not remove any copyright
or other proprietary notice of Xcitium or any third party from the Product.
2.3. Content. Content, including files, links, images, and text, made available or accessible
through the Product is the sole responsibility of the person or entity from whom it originated
and is the property of the applicable owner. This agreement does not give any rights to such
content. Xcitium does not endorse any such content. You accept all responsibility for
security risks and any damage resulting from any content viewed or accessed through the
Product, and Xcitium is not responsible for any damage or loss caused by your use or
reliance on any of the content, goods or services, or information available through third party
sources regardless of how presented.
2.4. Submissions. Any communications sent to Xcitium are the property of Xcitium or its affiliates.
Unless stated otherwise herein, submissions are not considered confidential, and Xcitium is
not liable for any use or disclosure of a submission. Except as noted herein, and subject to
applicable law, Xcitium is entitled to unrestricted use of any submissions for any purpose
whatsoever without compensation to the provider of the submission.


3. Payment
3.1. Fees. If there is a free version of the Product, it may be used without payment to Xcitium.
For a paid Product, you must pay the fee listed on any applicable purchase order or Xcitium’s
website prior to using or accessing the Product. Free and paid for Product are listed on
www.Xcitium.com. Any products of affiliates or other third parties may be found on their
respective websites. Xcitium may modify fees for paid Product in its sole discretion. Your
failure to terminate this agreement after a fee change is posted to Xcitium’s website
constitutes your acceptance of amended prices, which will apply upon your renewal of the
Product.
3.2. Method of Payment. All fees must be paid in advance. Xcitium may automatically charge the
Xcitium Platform EULA (07052022)
credit card or account provided for renewing subscriptions to the Product. However, you
remain solely responsible for any renewal payment. If renewal payments are not made
before a subscription expires, Xcitium may, without notice, restrict or remove your access to
the Product.
3.3. Rejected Charges. If any charges are rejected by your credit card issuer then Xcitium may
deactivate your account until payment is successfully received. Xcitium may deactivate any
account that has a disputed charge until Xcitium, in its sole discretion, determines the dispute
resolved.
3.4. Billing Issues. You shall provide Xcitium notice of any billing problems or disputes within 60
days after the charge first appears on a statement you receive from your bank, credit card
company, or other billing company. Failure to notify Xcitium of the problem within the 60 day
period is your acceptance of the charges. Xcitium is not obligated to provide a refund for any
unused Product.


4. Restrictions
4.1. Lawful Use. The Product is solely for lawful purposes and use. You are responsible for
ensuring that your use of the Product is in accordance with this agreement and any
applicable laws, statutes, ordinances, regulations, rules and other government authority.
4.2. Compliance. You shall (1) not interfere or disrupt networks connected to Xcitium’s services;
(2) comply with all regulations, policies and procedures of networks connected to the
services; (3) not use the Product to infringe the privacy or intellectual property rights of a third
party; (4) not use the Product to distribute or transmit any file that contains malware, (5) not
attempt to gain unauthorized access to other computer systems or mobile devices; and (6)
not use the Product to transmit any unlawful, harassing, libelous, defamatory, racist,
indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or
otherwise objectionable material of any kind or nature.
4.3. Export. You represent that you are not located in and will not modify, export or re-export,
either directly or indirectly, the Product to any country or entity under United States
restrictions or to any country or entity subject to applicable trade sanctions. The United States
restricted country and persons list is subject to change without notice from Xcitium, and you
must comply with the list as it exists in fact. XCITIUM SHALL NOT BE LIABLE FOR YOUR
VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS, WHETHER UNDER UNITED
STATES LAW OR FOREIGN LAW.


5. Termination.
5.1. Term. This agreement is effective for one year or as otherwise indicated in any applicable
purchase order, unless earlier terminated by you or by Xcitium. You may only use paid
Product during the period for which you have paid the subscription fee. The subscription may
be renewed by paying an additional license fee as set forth on the Xcitium website.
5.2. Termination by You. For free software, you may terminate this agreement at any time by
removing all copies of the software in your possession or under your control. All paid Product
may be terminated by removing all copies of any related software and notifying Xcitium of
your intent to terminate this agreement, and paying any outstanding invoices. (To uninstall
EM, follow the instructions in section 5.5 below). Notification of termination must be sent by
email to support@Xcitium.com. Your termination will be effective upon Xcitium’s receipt and
processing of the email. Processing may take up to 24 hours.
Xcitium Platform EULA (07052022)
5.3. Termination by Xcitium. Xcitium may terminate this agreement at any time by posting notice
of the termination on its website or sending an email to the address provided during your
registration for the Product. Xcitium may monitor its systems for excessive consumption of
network resources and may take technical or other remedies deemed necessary to prevent
or eliminate any excessive consumption. If Xcitium deems your use to be excessive, Xcitium
may, with email notice, terminate your account or adjust the price of the Product.
5.4. Events Upon Termination. Upon termination, you must immediately cease using the Product
and delete all copies of any related software found on your mobile device and any backup
copies made. Upon termination, Xcitium may disable further use of the Product without
further notice and may delete, remove, and erase any account information any backup data
stored by Xcitium, and any other information stored or collected by Xcitium. Such deletions
are in Xcitium’s sole discretion and may occur without notice to you. No refunds shall be
given for any reason.
5.5. Uninstall. To uninstall the Xcitium application, you should be de-enrolled from the server by
the company administrator or you should remove the application. For Android, you should
remove the application from the device administration screen first. You can find the menu
under "Settings - Security - Device Administrators". You should disable the check mark from
the Xcitium application under Device Administrator menu. If removal protection is set by your
company administrator, your device would be locked and you will be asked to enter the
unlock password. You can ask your company administrator to get the password. When you
unlock it, you should go to “Settings – Application Manager” menu and find the Xcitium
application from the list. You should tab on application name to see the details on App info
menu. Under App info menu, you can see the action buttons. You should choose and tab
“Uninstall”. (*Menu names and order could be not exactly as described in here due to
Android versions and manufacturer customization. Please contact Xcitium if you need further
help).


6. Indemnification.
6.1. Indemnification. You shall indemnify (i) Xcitium, (ii) Xcitium’s affiliates, and (iii) Xcitium’s and
its affiliate’s directors, officers, employees, and agents (each an “Indemnified Person”)
against all liabilities, losses, expenses, or costs (including reasonable attorney’s fees)
(collectively “Losses”) that, directly or indirectly, are based on your breach of this agreement,
information provided by you, your infringement on the rights of a third party, or your violation
of a law, including but not limited to any law or regulation relating to the privacy and/or
security of your users and their devices.
6.2 Indemnification By Xcitium. Xcitium hereby agrees to indemnify, defend and hold harmless
You (an “Indemnified Person”), from and against, any and all Losses incurred by You in
connection with any claim, action, suit or proceeding by a third party (each, a “Claim”) to the
extent such Claim arises out of or results from Xcitium’s misappropriation of a trade secret of
a third party or direct infringement of any U.S. patent, registered copyright, or registered
trademark (“Intellectual Property Infringement”) related to the use of the Product. Xcitium’s
indemnification obligations shall not apply to the extent any such infringement or
misappropriation is the result of: (a) Your independent modification of the Product, or any
other product, software or service provided under this agreement where without such
modification the Product or other product would not infringe, (b) Your combination of the
Product or any other product, software or service provided under this agreement with any
other product, or use with any other product, (c) Xcitium’s adherence to Your express written
instructions where such instructions and any modifications, changes or combinations made
Xcitium Platform EULA (07052022)
as a result of said instructions are solely responsible for the claim of infringement, (d) any
Claim based on open source software or other third party code included with the Product, (e)
any unauthorized use of the Product, or (f) use of the Product other than in accordance with
the Documentation (any applicable administration guide for the current version of the
Product).
6.2.1. Remedy and Liability: In the event that a court of final determination and of competent
jurisdiction holds that the Product constitutes a direct infringement or use of the Product
is enjoined, Xcitium shall, at its sole discretion, do one or more of the following: (i)
procure for you the right to continue use of the Product, (ii) provide a modification to the
Product so that its use becomes non-infringing, (iii) replace the Product with software that
is substantially similar in functionality and performance or (iv), if none of the foregoing
alternatives is reasonably available to Xcitium, Xcitium shall refund the residual value of
the purchase price paid by you for the infringing Product, depreciated using a straight-line
method of depreciation over a three (3) year period from the date of delivery of the
Product to you. Xcitium may also request You to remove all copies of any Product held to
be infringing or giving rise to a Claim.
THE AGGREGATE LIABILITY OF XCITIUM AND ITS AFFILIATES, AND THEIR
OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS,
RESULTING FROM OR CONNECTED TO THIS SECTION OF THE AGREEMENT
SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID OR PAYABLE BY
YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO A CLAIM. THIS SECTION
STATES XCITIUM’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
6.3 Indemnification Procedure. Each Indemnified Person must notify the other party promptly
(within 14 days) of a demand for indemnification. However, an Indemnified Person’s failure to
notify will not relieve the other party from its indemnification obligations except to the extent
that the failure to notify materially prejudices a party. The Indemnitor may assume the
defense of any action, suit, or proceeding giving rise to an indemnification obligation unless
assuming the defense would result in potential conflicting interests as determined by the
Indemnified Person in good faith. Indemnitor may not settle any claim, action, suit or
proceeding related to this Agreement unless the settlement also includes an unconditional
release of all Indemnified Persons from liability.
6.4 Additional Liability. Your indemnification obligations are not Xcitium’s sole remedy for a
breach and are in addition to any other remedies Xcitium may have against you under this
agreement. Your indemnification obligations survive the termination of this agreement.


7. Disclaimers and Limitation of Liability.
7.1. Internet. You acknowledge that the Product is subject to the operation and
telecommunications infrastructures of the Internet and the operation of your Internet
connection services, all of which are beyond Xcitium’s control.
7.2. Guarantee Disclaimer; Assumption of Risk. EXCEPT AS SPECIFICALLY STATED
OTHERWISE IN THIS AGREEMENT, XCITIUM EXPRESSLY DISCLAIMS ALL IMPLIED
AND EXPRESS WARRANTIES IN THE PRODUCT. THIS DISCLAIMER INCLUDES ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY
LAW. XCITIUM DOES NOT GUARANTEE THAT 1) THE PRODUCT WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCT WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ACKNOWLEDGE
THAT IF YOU WISH TO PROTECT YOUR TRANSMISSION OF DATA OR FILES, IT IS
Xcitium Platform EULA (07052022)
YOUR RESPONSIBILITY TO USE A SECURE ENCRYPTED CONNECTION TO
COMMUNICATE WITH THE SERVICES.
7.3. Damage Limitation. EXCEPT AS STATED UNDER SECTION 6.2.1 (INDEMNIFICATION
FOR INTELLECTUAL PROPERTY INFRINGEMENT), THE TOTAL LIABILITY OF XCITIUM
AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS,
EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS
AGREEMENT IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT. YOU
WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST
PROFITS, REVENUE, USE, OR DATA AND APPLIES EVEN IF XCITIUM IS AWARE OF
THE POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum extent
permitted by law regardless of 1) the reason for or nature of the liability, including tort claims,
2) the number of claims, 3) the extent or nature of the damages, and 4) whether any other
provisions of this agreement have been breached or proven ineffective.
7.4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH
THE PRODUCT IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE
USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. XCITIUM DOES NOT
ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH
ITS PRODUCT AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR
DATA.
7.5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain
damages, then the disclaimers of guarantee and limitations on liability herein apply to the
maximum extent allowed by law.
7.6. Limitations on Remedy. Except for actions and claims related to a party’s indemnification
obligations, all actions or claims relating to this agreement must be brought within one (1)
year from the date when the cause of action occurred.


8. Privacy.
8.1. Privacy Policy. Xcitium shall follow the privacy policy posted on its website when collecting
and using information from you. Xcitium may amend the privacy policy at any time by posting
the amended privacy policy on its website.
In the event that third party products, features and functionalities are incorporated in or made
available in or through an Xcitium product, then the policies of those third parties apply.
Please visit each third party’s license agreement and privacy policy to better understand their
terms of use, privacy and data collection practices.
8.2. Permissions. Upon your request and permission, Xcitium may access your device
information and status, location, application list, and license list and Xcitium may take action
on your device for you remotely. Please see the EM user guide for a full list of features.
Xcitium may ask you to create a portal or select options based on your geolocation
preferences.
The EM endpoint agent, Xcitium Client Security (XCS), has additional features and
permissions including access to device information and device IP address. Please review the
corresponding XCS EULA which is included as an Exhibit for more detail.
Event Logging:
Xcitium Platform EULA (07052022)
Continuous integration of user action event logging to analyze user behavior within the
product, as well as event collection for analysis of user funnel data. Device event logging is
sent to the logging system. Logging between the product plugins and back end services for
analysis is also performed. Xcitium may enable logging for clients to send for Xcitium’s
investigation of incidents.
Audit logging includes logging of administrator actions with device list actions, such as sign in
attempts, basic actions with profiles, procedures sections, actions with RBAC system; logging
of IRC events. Also includes malware page action logs and antivirus page action logs.
Xcitium Remote Control (IRC) – this feature allows authentication by Xcitium and EM
credentials; By providing the device list, it allows use without the portal. (for Windows and
macOS). Profile management options allow for setting of access permissions. Ability is also
provided to select which cloud to connect by geo-location region (U.S. or EU). Access scope
restrictions may be set up as well.
Administrator Portal – Admin portal activity logging, admin portal account creation and role
based security and authorization implementations. Retrieval of installation origin of OS
patches and 3rd party applications.
Installation of Selected Applications – third party applications can be selected and installed to
selected devices.
8.3. Disclosure. Xcitium will disclose information where required by a subpoena, interception
order or other lawful process. Xcitium may also disclose information when it believes that
such disclosure is necessary to protect the rights or safety of others or to enforce, or protect
Xcitium’s rights under this Agreement.
8.4. Promotions. By clicking “I ACCEPT”, you affirmatively consent to receiving Xcitium’s
promotional material. You may opt out of any promotional materials you may receive by
unsubscribing from the emails.
8.5. User Data Compliance. You are responsible for ensuring that you or any users of the Product
comply with the obligations under this Agreement. You will duly observe all your obligations
under any relevant data protection or privacy law or regulation that may apply, including any
obligation to configure the Product appropriately, provide notice, obtain consent, or file
documents with any applicable data protection authorities. You are responsible for
developing a policy that protects user data, outlines the responsibilities of you and your
users, and informs your users of the scope your use of the Product.


9. Miscellaneous
9.1. Notices. All questions, notices, demands, or requests to Xcitium with respect to this
Agreement shall be made in English writing to Xcitium, Inc., 200 Broadacres Drive, Second
Floor, Bloomfield, New Jersey 07003, USA. All notices to you shall be made by posting the
notice on the Xcitium website.
9.2. Governing Law. The laws of New Jersey, USA govern the interpretation, construction, and
enforcement of this Agreement and all proceedings arising out of it, including tort claims,
without regard to any conflicts of law principles.
The United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act shall not apply to this Agreement and are
specifically excluded.
9.3. Entire Agreement. This agreement, along with the attached schedules and any documents
referred to herein, is the entire agreement between the parties with respect to the subject
Xcitium Platform EULA (07052022)
matter, superseding all other agreements that may exist with respect to the subject matter.
Section headings are for reference and convenience only and are not part of the
interpretation of the agreement.
9.4. Modifications. Xcitium may amend or discontinue the Product offered under this agreement
in its sole discretion, including modifying renewal license fees, availability, equipment and
software requirements, and limiting or restricting use of Product. Xcitium may amend this
agreement to the extent allowed by law. Xcitium will give you notice of these amendments by
posting the modified agreement to its website. You must periodically visit Xcitium’s website
to be aware of any changes. Continued use of a Product after an amendment constitutes
your acceptance of the change.
9.5. Waiver. A party’s failure to enforce a provision of this agreement does not waive the party’s
right to enforce the same provision later or right to enforce any other provision of this
agreement. To be effective, all waivers must be both in writing and signed by the party
benefiting from the waived provision.
9.6. Force Majeure and Internet Frailties. Other than for payment obligations by you, neither party
will be liable for a delay or failure to perform an obligation to the extent that the delay or
failure is caused by an occurrence beyond the party's reasonable control. Each party
acknowledges that the operation of the Internet is beyond the other party’s reasonable
control, and neither party will be liable for a delay or failure caused by an interruption or
failure of telecommunication or digital transmission links, Internet slow-downs or failures, or
other such transmission failure.
9.7. Arbitration. You agree that any dispute, claim or controversy arising out of this agreement
shall be determined by binding arbitration. Before you may begin arbitration with respect to a
dispute involving any aspect of this Agreement, you shall notify Xcitium and any other party to
the dispute for the purpose of seeking dispute resolution. The notice to Xcitium should be
addressed to Xcitium, Inc., 200 Broadacres Drive, Second Floor, Bloomfield, New Jersey
07003, USA.
If the dispute is not resolved within sixty (60) days after the initial notice, then a party may
proceed in accordance with the following: The laws of New Jersey, USA govern the
interpretation, construction, and enforcement of this agreement and all proceedings arising
out of it, including tort claims, without regard to any conflicts of law principles. Any
controversy or claim arising out of or relating to this contract, or the breach thereof, shall be
settled by arbitration administered by the International Chamber of Commerce in accordance
with its Arbitration Rules, with the venue in Bloomfield, NJ, USA and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Either
party may appear before the panel by telephone.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND XCITIUM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
NEITHER YOU NOR XCITIUM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A
FEDERAL OR STATE CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN
ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN
A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE
COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL
PARTIES TO ALL AFFECTED ARBITRATION OR PROCEEDINGS.
Xcitium Platform EULA (07052022)
9.8. Assignment. You may not assign any of your rights or obligations under this agreement,
whether by merger, consolidation, operation of law, or any other manner, without the prior
written consent of Xcitium. For purposes of this section only, a change in control is deemed
an assignment. Any transfer without consent is void. To the extent allowed by law, Xcitium
may assign its rights and obligations without your consent.
9.9. Severability. Any provision held invalid or unenforceable will be reformed to the minimum
extent necessary to make the provision valid and enforceable. If reformation is not possible,
the provision is deemed omitted and the balance of the agreement remains valid and
enforceable.
9.10. Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and
limitations of liability survive the termination of the agreement.
9.11. Rights of Third Parties. There are no third party beneficiaries under the agreement.


ACCEPTANCE
BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS. DO
NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT.


Xcitium Platform EULA (07052022)
SCHEDULE A
Included Software and Licenses
The following third party or open source software may be included and is provided under other licenses
and/or has source available from other locations.


Component License
PHP http://php.net/license/3_01.txt (PHP License v3.01)
OpenSSL https://www.openssl.org/source/license.html (OpenSSL License)
https://www.openssl.org/source/license.html (SSLeay License)
PostgreSQL http://www.postgresql.org/about/licence/ (PostgreSQL License)
Yii http://www.yiiframework.com/license/ (3-Clause BSD License)
PHPmailer https://www.gnu.org/licenses/lgpl-2.1.html (LGPLv2.1)
sscep https://www.openssl.org/source/license.html (OpenSSL License)
nzmqt https://github.com/jonnydee/nzmqt/blob/master/LICENSE.md
(2-Clause BSD License)
NGINX http://nginx.org/LICENSE (2-Clause BSD License)-like
Bootstrap https://github.com/twbs/bootstrap/blob/master/LICENSE (MIT License)
jQuery https://jquery.org/license/ (MIT License)
Leaflet https://github.com/Leaflet/Leaflet/blob/master/LICENSE (2-Clause BSD
License)-like
ORMLite http://ormlite.com/javadoc/ormlite-core/doc-files/ormlite_9.html#License
Apache http components http://www.apache.org/licenses/ (Apache License, Version 2.0)
ZeroMQ http://zeromq.org/area:licensing (LGPLv3.1 + static link exception)
AndroidAnnotations http://www.apache.org/licenses/LICENSE-2.0.html
(Apache License Version 2.0)
Zend Guard http://www.zend.com/en/products/guard
Qt https://qt-project.org/products/licensing
QXMPP library: https://github.com/qxmpp-project/qxmpp/blob/master/LICENSE.LGPL
Google Analytics https://github.com/GoogleWebComponents/googleanalytics/blob/master/LICENSE
QDJango https://github.com/django/django
https://github.com/django/django/blob/master/LICENSE.python
Tigase https://tigase.tech/projects/tigaseserver/repository/revisions/master/entry/server/COPYING


The following applies to PHP:
The PHP License, version 3.01
Copyright (c) 1999 - 2014 The PHP Group. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, is permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the distribution.
3. The name "PHP" must not be used to endorse or promote products derived from this software without prior written permission.
For written permission, please contact group@php.net.
4. Products derived from this software may not be called "PHP", nor may "PHP" appear in their name, without prior written
permission from group@php.net. You may indicate that your software works in conjunction with PHP by saying "Foo for PHP"
instead of calling it "PHP Foo" or "phpfoo"
5. The PHP Group may publish revised and/or new versions of the license from time to time. Each version will be given a
distinguishing version number. Once covered code has been published under a particular version of the license, you may always
continue to use it under the terms of that version. You may also choose to use such covered code under the terms of any
Xcitium Platform EULA (07052022)
subsequent version of the license published by the PHP Group. No one other than the PHP Group has the right to modify the terms
applicable to covered code created under this License.
6. Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes PHP software, freely available from <http://www.php.net/software/>".
THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PHP DEVELOPMENT TEAM OR ITS
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


The following applies to PostgreSQL:
Portions Copyright (c) 1996-2014, The PostgreSQL Global Development Group
Portions Copyright (c) 1994, The Regents of the University of California
Permission to use, copy, modify, and distribute this software and its documentation for any purpose, without fee, and without a
written agreement is hereby granted, provided that the above copyright notice and this paragraph and the following two paragraphs
appear in all copies.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS
SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED
HEREUNDER IS ON AN "AS IS" BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE
MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
The following applies to Yii:
Copyright © 2008-2014 by Yii Software LLC
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions
are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
- Neither the name of Yii Software LLC nor the names of its contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to Google Protocol Buffers:
Google Protocol Buffers - protobuf
Copyright 2008, Google Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions
are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
* Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
Xcitium Platform EULA (07052022)
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to sscep:
Copyright (c) 2003 Jarkko Turkulainen. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY JARKKO TURKULAINEN ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JARKKO TURKULAINEN BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to nzmqt:
Copyright 2011-2014 Johann Duscher (a.k.a. Jonny Dee). All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY JOHANN DUSCHER ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as
representing official policies, either expressed or implied, of Johann Duscher.
The following applies to Leaflet
Copyright (c) 2010-2014, Vladimir Agafonkin
Copyright (c) 2010-2011, CloudMade
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to NGINX:
Copyright (C) 2002-2014 Igor Sysoev
Copyright (C) 2011-2014 Nginx, Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions
are met:
Xcitium Platform EULA (07052022)
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to ORMLite:
Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that
this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE
AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THIS SOFTWARE.
The following applies to Bootstrap:
The MIT License (MIT)
Copyright (c) 2011-2014 Twitter, Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files
(the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Xcitium Platform EULA (07052022)


EXHIBIT A TO XCITIUM ENDPOINT MANAGER
END USER LICENSE AND SUBSCRIBER AGREEMENT
XCITIUM CLIENT SECURITY


IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING,
OR USING THE XCITIUM CLIENT SECURITY SOFTWARE (THE “PRODUCT”). THE PRODUCT
MEANS ALL OF THE ELECTRONIC FILES PROVIDED EITHER BY DOWNLOAD OR ON PHYSICAL
MEDIA (CD-ROM, DVD OR OTHER MEDIA) THAT IS PROVIDED WITH THIS LICENSE AGREEMENT.


THIS AGREEMENT CONTAINS A BINDING ARBITRATION AND A CLASS ACTION WAIVER CLAUSE.
BY DOWNLOADING, INSTALLING, OR USING THE PRODUCT, OR BY CLICKING ON “I ACCEPT”
BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE
TO THE TERMS HEREIN, DO NOT DOWNLOAD OR USE THE SOFTWARE, SUBSCRIBE TO OR USE
THE SERVICES, OR CLICK ON “I ACCEPT”.


This end user license and subscriber agreement is between you (“you” or “Subscriber”), as either an
individual or as a business entity, and one of the following:
Xcitium, Inc., which has its principal place of business at 200 Broadacres Drive, Second Floor, Bloomfield,
New Jersey 07003.
In exchange for your use of the Product, you agree as follows:


1. License
1.1. Grant of License. Subject to the limits herein, Xcitium grants you a non-exclusive, non-sublicensable, and revocable license to download, install, back-up, and use the Software,
including any documentation files or website information accompanying it, on a single
network. You shall not resell, lease, sell, modify, reverse engineer, decompile, or create
derivative works of the Software. All rights not expressly granted herein are reserved to
Xcitium.
1.2. Restrictions. The licenses granted herein are only valid if:
(i) the Product is NOT modified in any manner;
(ii) the Product is only installed and used in accordance with your network security
policies,
(iii) you possess the necessary authority and power to install and use the Product,
(iv) you promptly pay all license fees when due, and
(v) this agreement is accepted without modification and has not been breached.
1.3. Registration. When registering the Product, you must provide accurate information and must
update the registration information if it changes. Xcitium may limit your ability to use the
Product if you fail to complete a required registration process. You may also be required to
select a username and password. Maintaining the confidentiality of this password and
username is your responsibility. You must notify Xcitium immediately of any unauthorized
use of your account.
1.4. Limited License. The licenses granted herein are only for the number of computers for which
you paid for the Product. You can secure additional computers by obtaining a separate
license for each computer, which might require an additional fee. You must have a license
for each computer that accesses or uses the Product prior to installing or using the Product.
1.5. Updates. Xcitium is not obligated to provide updates to the Product. If an update is provided
and the update is not accompanied by an additional agreement, this agreement applies to
Xcitium Platform EULA (07052022)
your use and installation of the update. The Product may update automatically without
notice.
1.6. Trial, Free, Evaluation, and Beta. If this agreement pertains to a trial, free, beta, or evaluation
version, the licenses granted herein terminate at the end of the trial or evaluation period or
when Xcitium disables access to the Product. For a trial version of the Product if no term is
agreed or specifically set forth in the documentation that you receive with this Product, then
the term for the licenses granted herein shall be for the term that you purchased. All trial,
evaluation, and beta licenses are limited to one per customer. Generally, credit card or
account information is required to access a free trial. However, Xcitium shall not charge your
credit card or account until the trial period has ended. At the end of the trial period, Xcitium
may bill the credit card or account for the Product without further notice. Participants in a free
trial are not entitled to a 30 day refund period as described in section 6.4. Your termination of
this agreement prior to the end of the free trial is required to avoid fees for the Product.
Annual subscriptions expire one year from the end of the trial period. Xcitium may deny or
revoke a free trial for any reason.


2. Specific Licenses - The Product may include the following specific licenses:
2.1. Xcitium Security Software. Xcitium Client Security (XCS) includes the Xcitium Firewall and
Antivirus products. No technical or customer support is provided for XCS separate from the
Product as described. Installation of XCS may include installation of additional Products.
Use of these Products may be disabled until you pay for the Products.
2.2. Containment Services.
Containment is a service that isolates unknown programs. By default any unknown programs
identified as potential malware are executed inside a containment sandbox and then
automatically sent to Xcitium for malware analysis. If a program is found by Xcitium to be
malicious it is then added to the XCS malware definitions list. If it found to be safe it is added
to XCS safe program list. The next time XCS receives antivirus updates, XCS scans all the
programs running inside the containment sandbox. If any program is found to be malicious,
the containment sandbox isolates the program and moves it to the quarantine list to protect
your computer. Safe programs are removed from containment and are no longer executed
inside containment. To disable Containment and/ or automatic submission of programs to
Xcitium, go to “Containment Settings” and uncheck the appropriate boxes.


3. Ownership
3.1. No Ownership Rights. The Product is being licensed, not sold. Xcitium retains all ownership
rights in and to the Product, including any intellectual property rights therein.
3.2. Copyright. The Product contains material that is protected by United States and foreign
intellectual property laws, including copyright, trade secret, and patent law. All rights not
granted to you herein are expressly reserved by Xcitium. You may not remove any copyright
or other proprietary notice of Xcitium from the Product.
3.3. Content. Content, including files, links, images, and text, made available or accessible
through the Product is the sole responsibility of the person or entity from whom it originated
and is the property of the applicable owner. This agreement does not give any rights to such
content. Xcitium does not endorse any such content. You accept all responsibility for
security risks and any damage resulting from any content viewed or accessed through the
Product, and Xcitium is not responsible for any damage or loss caused by your use or
reliance on any of the content, goods or services, or information available through third party
sources regardless of how presented.
3.4. Submissions. Any communications sent to Xcitium are the property of Xcitium or its affiliates.
Unless stated otherwise herein, submissions are not considered confidential, and Xcitium is
not liable for any use or disclosure of a submission. Except as noted herein, Xcitium is
entitled to unrestricted use of any submissions for any purpose whatsoever without
compensation to the provider of the submission.
Xcitium Platform EULA (07052022)


4. Payment
4.1. Fees. You may use the Software only after paying Xcitium any applicable fees for the
Software. For other Xcitium Products, you must pay the fee listed on Xcitium’s website prior
to using or accessing those Products. Free and paid for Product are listed on
www.Xcitium.com. Xcitium may modify fees for paid products in its sole discretion. Your
failure to terminate this agreement after a fee change is posted to Xcitium’s website
constitutes your acceptance of amended prices, which will apply upon your renewal of the
Product.
4.2. Method of Payment. All fees must be paid in advance. Xcitium may automatically charge the
credit card or account provided for renewing subscriptions to the Product. However, you
remain solely responsible for any renewal payment. If renewal payments are not made
before a subscription expires, Xcitium may, without notice, restrict or remove your access to
the Product.
4.3. Rejected Charges. If any charges are rejected by your credit card issuer or the account
provided is closed, then Xcitium may deactivate your account until payment is successfully
received. Xcitium may deactivate any account that has a disputed charge until Xcitium, in its
sole discretion, determines the dispute resolved.
4.4. Billing Issues. You shall provide Xcitium notice of any billing problems or disputes within 60
days after the charge first appears on a statement you receive from your bank, credit card
company, invoice, or other billing company. Failure to notify Xcitium of the problem within the
60 day period is your acceptance of the charges. Xcitium is not obligated to provide a refund
for any unused Product.


5. Restrictions
5.1. Lawful Use. The Product is solely for lawful purposes and use. You are responsible for
ensuring that your use of the Product is in accordance with this agreement and any
applicable laws, statutes, ordinances, regulations, rules and other government authority.
5.2. Compliance. You shall (1) not interfere or disrupt networks connected to Xcitium’s services;
(2) comply with all regulations, policies and procedures of networks connected to the
services; (3) not use the Product to infringe the privacy or intellectual property rights of a third
party; (4) not use the Product to distribute or transmit any file that contains malware, (5) not
attempt to gain unauthorized access to other computer systems; and (6) not use the Product
to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent,
threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable
material of any kind or nature.
5.3. Export. You represent that you are not located in and will not modify, export or re-export,
either directly or indirectly, the Product to any country or entity under United States
restrictions or to any country or entity subject to applicable trade sanctions. The United States
restricted country and persons list is subject to change without notice from Xcitium, and you
must comply with the list as it exists in fact. XCITIUM SHALL NOT BE LIABLE FOR YOUR
VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS, WHETHER UNDER UNITED
STATES LAW OR FOREIGN LAW.


6. Termination.
6.1. Term. This agreement is effective until terminated by you or by Xcitium. You may only use
paid Product during the period for which you have paid the subscription fee. The subscription
may be renewed by paying an additional license fee as set forth on the Xcitium website.
6.2. Termination by You. For free software, you may terminate this agreement at any time by
removing all copies of the software in your possession or under your control. All paid Product
may be terminated by removing all copies of any related software and notifying Xcitium of
your intent to terminate this agreement. Notification of termination must be sent by email to
Xcitium Platform EULA (07052022)
support@Xcitium.com. Your termination will be effective upon Xcitium’s receipt and
processing of the email. Processing may take up to 24 hours.
6.3. Termination by Xcitium. Xcitium may terminate this agreement for non-payment by delivering
notice of the termination or sending an email to the address provided during your registration
for the Product. Xcitium may monitor its systems for excessive consumption of network
resources and may take technical or other remedies deemed necessary to prevent or
eliminate any excessive consumption. If Xcitium deems your use to be excessive, Xcitium
may, with email notice, terminate your account or adjust the price of the Product.
6.4. Refunds. After purchasing the Product, you may cancel your subscription at any time. Unless
you have participated in a promotion under section 1.6, you may be entitled to a refund. If
you cancel your subscription within the first 30 days after making payment and are eligible for
a refund, Xcitium shall refund to you the full amount paid by you. To request a refund, you
must email refunds@Xcitium.com within 30 days of the purchase date.
6.5. Events Upon Termination. Upon termination, you must immediately cease using the Product
and delete all copies of any related software found on your computer and any backup copies
made. Upon termination, Xcitium may disable further use of the Product without further
notice and may delete, remove, and erase any account information, any backup data stored
by Xcitium, and any other information stored or collected by Xcitium. Such deletions are in
Xcitium’s sole discretion and may occur without notice to you. No refunds shall be given for
any reason.


7. Indemnification.
7.1. Indemnification By You. You shall indemnify (i) Xcitium, (ii) Xcitium’s affiliates, and (iii)
Xcitium’s and its affiliate’s directors, officers, employees, and agents (each an “Indemnified
Person”) against all liabilities, losses, expenses, or costs (including reasonable attorney’s
fees) (collectively “Losses”) that, directly or indirectly, are based on your breach of this
agreement, information provided by you, or your infringement on the rights of a third party.
7.2 Indemnification By Xcitium. Xcitium hereby agrees to indemnify, defend and hold harmless
You (an “Indemnified Person”), from and against, any and all Losses incurred by You in
connection with any claim, action, suit or proceeding by a third party (each, a “Claim”) to the
extent such Claim arises out of or results from Xcitium’s direct infringement or
misappropriation of a trade secret of a third party or of any U.S. patent, registered copyright,
or registered trademark (“Intellectual Property Infringement”) related to the use of the
Product. Xcitium’s indemnification obligations shall not apply to the extent any such
infringement or misappropriation is the result of: (a) Your independent modification of the
Product, or any other product, software or service provided under this agreement where
without such modification the Product or other product would not infringe, (b) Your
combination of the Product or any other product, software or service provided under this
agreement with any other product, or use with any other product, (c) Xcitium’s adherence to
Your express written instructions where such instructions and any modifications, changes or
combinations made as a result of said instructions are solely responsible for the claim of
infringement, (d) any Claim based on open source software or other third party code
included with the Product, (e) any unauthorized use of the Product, or (f) use of the Product
other than in accordance with the Documentation (any applicable administration guide for the
current version of the Product).
7.2.1. Remedy and Liability: In the event that a court of final determination and of competent
jurisdiction holds that the Product constitutes a direct infringement or use of the Product
is enjoined, Xcitium shall, at its sole discretion, do one or more of the following: (i)
procure for you the right to continue use of the Product, (ii) provide a modification to the
Product so that its use becomes non-infringing, (iii) replace the Product with software that
is substantially similar in functionality and performance or (iv), if none of the foregoing
alternatives is reasonably available to Xcitium, Xcitium shall refund the residual value of
Xcitium Platform EULA (07052022)
the purchase price paid by you for the infringing Product, depreciated using a straight-line
method of depreciation over a three (3) year period from the date of delivery of the
Product to you. Xcitium may also request You to remove all copies of any Product held to
be infringing or giving rise to a Claim.
THIS SECTION STATES XCITIUM’S SOLE LIABILITY AND YOUR EXCLUSIVE
REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
7.3 Indemnification Procedure. Each Indemnified Person must notify the other party promptly
(within 14 days) of a demand for indemnification. However, an Indemnified Person’s failure to
notify will not relieve the other party from its indemnification obligations except to the extent
that the failure to notify materially prejudices a party. The Indemnitor may assume the
defense of any action, suit, or proceeding giving rise to an indemnification obligation unless
assuming the defense would result in potential conflicting interests as determined by the
Indemnified Person in good faith. Indemnitor may not settle any claim, action, suit or
proceeding related to this Agreement unless the settlement also includes an unconditional
release of all Indemnified Persons from liability.
7.4 Additional Liability. Your indemnification obligations are not Xcitium’s sole remedy for a
breach and are in addition to any other remedies Xcitium may have against you under this
agreement. Your indemnification obligations survive the termination of this agreement.


8. Disclaimers and Limitation of Liability.
8.1. Internet. You acknowledge that the Product are subject to the operation and
telecommunications infrastructures of the Internet and the operation of your Internet
connection services, all of which are beyond Xcitium’s control.
8.2. Guarantee Disclaimer; Assumption of Risk. EXCEPT AS SPECIFICALLY STATED
OTHERWISE IN THIS AGREEMENT, XCITIUM EXPRESSLY DISCLAIMS ALL IMPLIED
AND EXPRESS WARRANTIES IN THE PRODUCT. THIS DISCLAIMER INCLUDES ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY
LAW. XCITIUM DOES NOT GUARANTEE THAT 1) THE PRODUCT WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCT WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
8.3. Damage Limitation. THE TOTAL LIABILITY OF XCITIUM AND ITS AFFILIATES, AND EACH
OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS,
RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS LIMITED TO THE
AMOUNT PAID BY YOU FOR THE PRODUCT OR IF THIS IS A FREE PRODUCT UP TO A
MAXIMUM OF ONE HUNDRED U.S. DOLLARS ($100 USD). YOU WAIVE ALL LIABILITY
FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR
DATA AND APPLIES EVEN IF XCITIUM IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES. These limitations apply to the maximum extent permitted by law regardless of 1)
the reason for or nature of the liability, including tort claims, 2) the number of claims, 3) the
extent or nature of the damages, and 4) whether any other provisions of this agreement have
been breached or proven ineffective.
8.4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH
THE PRODUCT IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE
USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. XCITIUM DOES NOT
ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH
ITS PRODUCT AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR
DATA.
Xcitium Platform EULA (07052022)
8.5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain
damages, then the disclaimers of guarantee and limitations on liability herein apply to the
maximum extent allowed by law.
8.6. Limitations on Remedy. All actions or claims relating to this agreement must be brought
within one (1) year from the date when the cause of action occurred.


9. Privacy.
9.1. Privacy and Information Access. Xcitium shall follow the privacy policy posted on its website
at https://www.Xcitium.com when collecting and using information from you. Xcitium may
amend the privacy policy at any time by posting the amended privacy policy on its website.
By accepting this Agreement, you are providing express permission for the following
information to be obtained by this program:


Data and information that is collected from users for statistics and analysis during Xcitium
product installation, uninstallation and product update(s) in order for Xcitium to know specific
Xcitium product usage on various operating systems, and to assist in further product planning
and support include:


Anonymous Computer ID; Xcitium defined integer values for Product ID, Channel ID,
Affiliate ID and selected Interface Language, Xcitium product version; operating system
name, platform, language, build and version; input e-mail (if optionally provided during
installation); Xcitium product related license information; settings for consent to data
collection; if the web filtering feature is enabled and a browsed URL is a heuristic match
with a malicious website database, the URL may be sent to Xcitium for further analysis.
The following information is also sent to Xcitium to determine active users:
Anonymous Computer ID; Xcitium defined integer values for Product ID, Channel ID and
Affiliate ID; and Xcitium product version.


The following information is only sent to Xcitium based on consent:


Install options;
Xcitium application usage (i.e. Xcitium product launch and which features and interfaces
used);
Information on executed files which includes the file path, file size, the file’s sha-1 hash,
Xcitium verdict and source of verdict, user’s decision on application, parent application
sha-1 hash, url associated with the file, IP of domain from where the file is downloaded,
browser name and version from where a file is downloaded, if the file is seen as an
installer by product, a file’s digital signing status, digital signer name if the file is signed;
Information on installed browser, such as name, search engine and home page settings;
Default browser;
Crash dumps of Xcitium application and Kernel crash dumps.


In order to investigate crashes in the context of the system, computer information as
extracted using Microsoft tool “msinfo32.exe /nfo” is sent, which contains complete
system information including but not limited to, the categories of “Hardware Resources”,
“Components”, and “Software Environment” with information about installed applications.


Xcitium Product(s) may produce log files of information about certificate revocation checks
which are transmitted to Xcitium for analysis. No correlation of personally identifiable
information is made or included in the log files.
Additional particular details of information collection include:
Xcitium Platform EULA (07052022)
The file/application list is scanned; reporting of information of scan events to Xcitium’s
server/ portal for integration, where the scan events will be shown on EM portal per device;
System information via PAAR Service (Information about the computer or device such as
computer ID, operating system language, operating system type);


User events, (such as install, uninstall, and updates), logging, heartbeat, operating system
changes, installation failure via Xcitium Messaging Center Service. Upon enablement of
functionality, collection includes global machine code, operating system version, and any
changes to OS.


Administrator access control for device;


Data reporting to Xcitium of response errors and response time for the following services:
FLS, Xcitium Verdict Cloud, EM File Rating, and download. Xcitium.com, as well as
determining if these services are available.


Options to automatically submit crash reports for XCS processes crash and Windows
crashes and event logs are also available.


XCS also sends the following information to Xcitium’s FLS:
Scan of files; file downloads from URLs and from which URL the file is downloaded; domain
IP, browser name; parent hash if the file/process has a parent process; user id; product id;
product version; installer; file size; file type; file path; digital signature status; file hidden
status; verdict source; caller type; value of signer name of the code signing digital signature;
enterprise field; enterprise value; registration and de-registration information; logging the
parent process of file-less script launched in Containment.


XCS monitors file upload/download status and the duration of such. Monitoring and reporting
of file operations including any upload to Xcitium Verdict Cloud, upload to Xcitium account
manager service (if configured), downloading updates from download.Xcitium.com or other
configured updating service. Reporting of unrecognized files that have stayed unrecognized
for a given time period. Downloads of the local verdict service database updates is also
allowed.


A recognizer function of the program blocks suspicious applications from dropping files into a
user’s auto run folder and has the ability to choose applicable actions.
XCS may also send logs to third party logging systems, these could include event logs,
system logs, and external files.
XCS also creates, as needed, files or other items (such as logs, registry, keys etc.) required
by the operating system for compatibility purposes.
9.2. Disclosure. Xcitium will disclose information where required by a subpoena, interception
order or other lawful process. Xcitium may also disclose information when it believes that
such disclosure is necessary to protect the rights or safety of others or to enforce, or protect
Xcitium’s rights under this Agreement.
9.3. Opt Out. You may opt-out of having information used for purposes not directly related to the
Product by emailing a clear notice to optout@Xcitium.com. By clicking “I AGREE”, you
affirmatively consent to receiving Xcitium’s and its affiliates’ promotional material.
9.4. File Submission. This product may automatically submit to Xcitium any files or programs that
are identified as potential malware, including information on the actions taken by such files.
The collected files could potentially contain personally identifiable information that has been
obtained within the file which was identified as a potential malware file. Files of this type are
being collected by Xcitium only for the purpose of improving the ability of Xcitium’s products
to detect malicious behavior. Xcitium will not correlate these files with any personally
identifiable information.

Xcitium Platform EULA (07052022)


10. Miscellaneous
10.1. Notices. All questions, notices, demands, or requests to Xcitium with respect to this
Agreement shall be made in English writing to: Xcitium, Inc., 200 Broadacres Drive, Second
Floor, Bloomfield, New Jersey 07003
. All notices to you shall be made by posting the notice
on the Xcitium website.
10.2. Entire Agreement. This agreement, along with the attached schedules and any documents
referred to herein, is the entire agreement between the parties with respect to the subject
matter, superseding all other agreements that may exist with respect to the subject matter.
Section headings are for reference and convenience only and are not part of the
interpretation of the agreement.
10.3. Modifications. Xcitium may amend or discontinue certain Product offered under this
agreement in its sole discretion, including modifying renewal license fees, availability,
equipment and software requirements, and limiting or restricting use of the Product. Xcitium
may amend this agreement to the extent allowed by law. Xcitium will give you notice of these
amendments by posting the modified agreement to its website. You must periodically visit
Xcitium’s website to be aware of any changes. Continued use of a Product after an
amendment constitutes your acceptance of the change.
10.4. Waiver. A party’s failure to enforce a provision of this agreement does not waive the party’s
right to enforce the same provision later or right to enforce any other provision of this
agreement. To be effective, all waivers must be both in writing and signed by the party
benefiting from the waived provision.
10.5. Force Majeure and Internet Frailties. Other than for payment obligations by you, neither party
will be liable for a delay or failure to perform an obligation to the extent that the delay or
failure is caused by an occurrence beyond the party's reasonable control. Each party
acknowledges that the operation of the Internet is beyond the other party’s reasonable
control, and neither party will be liable for a delay or failure caused by an interruption or
failure of telecommunication or digital transmission links, Internet slow-downs or failures, or
other such transmission failure.
10.6. Arbitration.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY TRIAL IN
A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.
You agree that any dispute, claim or controversy arising out of this agreement shall be
determined by binding arbitration, except as indicated at the end of this section below. Before
you may begin arbitration with respect to a dispute involving any aspect of this Agreement,
you shall notify Xcitium and any other party to the dispute for the purpose of seeking dispute
resolution. The notice to Xcitium should be addressed to 200 Broadacres Drive, Second
Floor, Bloomfield, New Jersey 07003.
If the dispute is not resolved within sixty (60) days after the initial notice, then a
party may proceed in accordance with the following: Any unresolved dispute arising under the
terms of this Agreement shall be decided by arbitration conducted through the services of the
Commercial Arbitration Rules of the American Arbitration Association (hereinafter referred to
as the “AAA”). Notice of demand for an arbitration hearing shall be in writing and properly
served upon the parties to this Agreement. Arbitration hearings shall be held in the state of
New Jersey at a location mutually agreeable to the parties.
You and Xcitium agree that “dispute, claim or controversy” as defined in this Agreement shall
not include any claim or cause of action by You or Xcitium for trade secret misappropriation,
patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
You agree that a Court, not an Arbitrator, may decide if a claim falls within one of these
exceptions.
Xcitium Platform EULA (07052022)
10.7 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND XCITIUM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
NEITHER YOU NOR XCITIUM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A
FEDERAL OR STATE CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN
ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN
A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE
COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL
PARTIES TO ALL AFFECTED ARBITRATION OR PROCEEDINGS.
10.8 Governing Law
The laws of the state of New Jersey govern the interpretation, construction and enforcement
of this agreement and all proceedings arising out of it without regard to any conflicts of laws
principles. Both parties agree to the exclusive venue and jurisdiction of state or U.S. federal
courts located in New Jersey.
The United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act shall not apply to this Agreement and are
specifically excluded.
10.9. Assignment. You may not assign any of your rights or obligations under this agreement,
whether by merger, consolidation, operation of law, or any other manner, without the prior
written consent of Xcitium. For purposes of this section only, a change in control is deemed
an assignment. Any transfer without consent is void. To the extent allowed by law, Xcitium
may assign its rights and obligations without your consent.
10.10. Severability. Any provision held invalid or unenforceable will be reformed to the minimum
extent necessary to make the provision valid and enforceable. If reformation is not possible,
the provision is deemed omitted and the balance of the agreement remains valid and
enforceable.
10.11. Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and
limitations of liability survive the termination of the agreement.
10.12. Rights of Third Parties. There are no third party beneficiaries under the agreement.


ACCEPTANCE
BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS. DO
NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT.


Xcitium Platform EULA (07052022)


SCHEDULE A
Included Software and Licenses
The following third party or open source software may be included and is provided under other licenses
and/or has source available from other locations.


SQLite
(Public domain)
FileHash.h
https://github.com/JoeKun/FileMD5Hash/blob/master/Library/FileHash.h
(Apache v2.0 http://www.apache.org/licenses/LICENSE-2.0 )
Open DLAP License
https://github.com/LMDB/lmdb/blob/mdb.master/libraries/liblmdb/LICENSE
Luajit
http://luajit.org/luajit.html MIT License
https://opensource.org/licenses/mit-license.php


Xcitium Platform EULA (07052022)


ENDPOINT MANAGER EXHIBIT B
XCITIUM VERDICT CLOUD TERMS AND CONDITIONS


THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER
WHICH REQUIRES THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR
ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN
CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL FOR CERTAIN DISPUTES.


IMPORTANT—READ THESE TERMS CAREFULLY BEFORE USING XCITIUM VERDICT CLOUD
(“SERVICES”). BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS AND CONDITIONS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO THEM.


These terms and conditions (“Terms”) govern the relationship between you and Xcitium, Inc., with its
principal place of business at 200 Broadacres Drive, Second Floor, Bloomfield, NJ 07003, United States,
(“Xcitium”) with respect to your use of the Services.


1. Use of Services
You agree to submit files to Xcitium only for the purpose of malware analysis. You agree that you shall
have no right to any file after its submission and that all submissions shall be deemed NOT
CONFIDENTIAL. Xcitium may use submitted files and the results of its test in any manner it sees fit and
you grant Xcitium an irrevocable license to modify, use, display, perform, reproduce, transmit, and
distribute any submitted files. You agree that all testing shall be conducted in Xcitium’s sole and
absolute discretion. Xcitium does not guarantee that a report will be generated for each file submitted.
Xcitium does not guarantee that a generated report will be accurate or that Xcitium will detect all malware.
Any generated report shall be solely owned by Xcitium.


2. Restrictions
You agree to not use the Services to:
i engage in unlawful activity or to use the Services in an unlawful manner
ii use the Services in any manner that is likely to damage, disable, overburden or impair the
Services (excluding the submission of malware to Xcitium);
iii use automated scripts to collect information from or otherwise interact with the Services;
iv transmit content that would reasonably be considered harmful, threatening, unlawful, defamatory,
infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or
publicity rights, hateful, or racially, ethnically or otherwise objectionable;
v impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
vi transmit any private information; or
vii transmit content that would constitute or encourage criminal offense, violate the rights of any
party, create liability for Xcitium, or violate any local, state, national or international law.


3. Disclaimer of Warranties
ANY USE OF THE SERVICES IS AT YOUR OWN RISK AND THE SERVICES MAY NOT OPERATE AS
INTENDED. XCITIUM, ITS AFFILIATES, AND THEIR LICENSORS, SUPPLIERS, EMPLOYEES OR
AGENTS SHALL NOT BE RESPONSIBLE FOR ANY USE OF THE SERVICES. THE SERVICES MAY
NOT OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION. XCITIUM MAKES NO
REPRESENTATIONS THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED
OR THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, XCITIUM DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
Xcitium Platform EULA (07052022)
INFRINGEMENT. XCITIUM DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, OR THAT ACCESS TO THE SERVICES WILL BE
UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE.


4. Permissions and Privacy Policy
The Xcitium Verdict Cloud Services may integrate with other Xcitium products and services, such as File
Analysis Tool (with report generation) and REST Services. These may include requests for you to submit
file paths and user email address(es). The scan session detail page link can be sent to a user email
after scan completion. Further, the scan session email and/or user email may be sent to Xcitium sales
and marketing for follow up contact.


YOU ARE GIVING EXPRESS PERMISSION FOR RECEIVING SALES AND MARKETING
COMMUNICATIONS FROM XCITIUM BY EMAIL AND TELEPHONE.


Xcitium shall follow the privacy policy posted on its website at:
https://www.Xcitium.com and
when collecting and using information from you. Xcitium may amend the privacy policy at any time by
posting the amended privacy policy on its website.


Any history in Xcitium’s possession older than thirty (30) days may be deleted, including history and
dashboard data.
You are also giving express permission to receive notification emails and alerts with respect various
product features, including uncertain verdicts.
Xcitium Verdict Cloud Services also include optimization with Endpoint Manager product and can receive
statistics regrading files submitted/queried for a given client, as well as retrieving information about each
file for a given client. You are giving express permission for retrieval of the statistics and information of
the files.


In Managed Service Provider (“MSP”) use, the following permissions apply:
When in use with MSP’s, the files of an MSP group can be reached by that MSP’s users.
When an MSP with a Cloud license on the Xcitium Platform: (i) creates a user, a user is also created
automatically on Verdict Cloud; (ii) updates a user, that user is updated on Verdict Cloud automatically;
(iii) deletes a user, that user is deleted on Verdict Cloud automatically.
In the event that third party features and functionalities are incorporated in or made available in or through
Xcitium Product(s), then the policies of those third parties apply. Please visit each third party’s license
agreement and privacy policy to better understand their terms of use and data collection practices.


5. Limitation of Liability
XCITIUM, ITS LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
RELATED TO THE USE OR INABILITY TO USE THE SERVICES. XCITIUM WILL NOT BE LIABLE
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT, SPECIAL,
PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) EVEN IF XCITIUM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION UNDER
ALL LEGAL THEORIES, INCLUDING THEORIES OF CONTRACT, WARRANTY, STRICT LIABILITY,
MISREPRESENTATION, NEGLIGENCE, AND OTHER TORTS. To the extent that your jurisdiction does
not allow the limitation or exclusion of liability for incidental or consequential damages, this exclusion may
Xcitium Platform EULA (07052022)
not apply to you. In such circumstances, Xcitium’s liability shall be limited to a maximum of the minimum
allowable liability in that jurisdiction.


6. Indemnity
You agree to release, indemnify, defend and hold harmless Xcitium and any of its contractors, agents,
employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages,
costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or
arising out of (a) your breach of these Terms, (b) falsehoods or misrepresentations of fact by you, or (c)
your use or misuse of the Services. Xcitium has the right to participate in any defense of a third-party
claim related to your use of the Services, with counsel of our choice. You shall have sole responsibility to
defend Xcitium against any claim, but you must receive Xcitium’s prior written consent regarding any
related settlement. The terms of this paragraph will survive these Terms.


7. Arbitration / Governing Law
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY TRIAL IN A COURT
PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.


You agree that any dispute, claim or controversy arising out of this agreement shall be determined by
binding arbitration. Before you may begin arbitration with respect to a dispute involving any aspect of this
Agreement, you shall notify Xcitium and any other party to the dispute for the purpose of seeking dispute
resolution. The notice to Xcitium should be addressed to Xcitium, Inc., 200 Broadacres Drive, Second
Floor, Bloomfield, New Jersey 07003.


If the dispute is not resolved within sixty (60) days after the initial notice, then a
party may proceed in accordance with the following: Any unresolved dispute arising under the terms of
this Agreement shall be decided by arbitration conducted through the services of the Commercial
Arbitration Rules of the American Arbitration Association (hereinafter referred to as the “AAA”). Notice of
demand for an arbitration hearing shall be in writing and properly served upon the parties to this
Agreement. Arbitration hearings shall be held in the state of New Jersey at a location mutually agreeable
to the parties.


These Terms shall be governed by and construed in accordance with the laws of the state of New Jersey,
United States of America, without regard to any conflicts-of-law rules. You irrevocably consent to the
exclusive jurisdiction and venue of the federal and state courts of New Jersey and waive any right you
may have to object to or seek to change such jurisdiction or venue.


The United Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act shall not apply to this agreement and are specifically excluded.
Waiver of Class Actions and Class Arbitrations: Any proceedings to resolve or litigate any dispute in any
forum will be conducted solely on an individual basis. Neither you nor Xcitium will seek to have any
dispute heard as a class action, private attorney general action, or in any other proceeding in which either
party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined
with another without the prior written consent of all parties to all affected arbitration or proceedings.


8. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be unenforceable or
illegal, such provision shall be modified to the minimum extent necessary to make the provision
enforceable. The remainder of the Terms shall remain in full force and effect.
Xcitium Platform EULA (07052022)


9. Force Majeure
Xcitium is not responsible for any cessation, interruption or delay in the operation of the Services or
performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God
or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of
hazardous or toxic substances, explosion, accident, communications outages, Internet frailities, or any
other causes whether or not of the same class or kind as those specifically above named.


10. Amendments
Any waiver of these Terms shall only be effective if it is in writing and signed by both parties. Xcitium may
change the Terms and the Services without prior notice to you. You should check the Terms each time
you use or access the Services. Your use of the Services after any changes to the Terms constitutes
your acceptance of the new terms. Section headings are for convenience only and shall not be
considered in the interpretation of these Terms.


11. Notices
All notices, demands or requests to Xcitium with respect to these Terms shall be made in writing to:
Xcitium, Inc., 200 Broadacres Drive, Second Floor, Bloomfield, New Jersey 07003.


ACCEPTANCE

BY USING THE SERVICES OR CLICKING “SUBMIT”, YOU AGREE TO BE BOUND BY AND COMPLY
WITH ALL OF THE TERMS HEREIN. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS.
Xcitium Platform EULA (07052022)


Verdict Cloud Third Party Software
The following third party software may be distributed with, and is provided under, other licenses and/or
has source available from other locations.
Cuckoo Sandbox GNU GLPv3
https://github.com/spender-sandbox/cuckoo-modified/blob/master/docs/LICENSE
ipwhois
https://github.com/secynic/ipwhois/blob/master/LICENSE.txt
IPy
https://docs.python.org/3/license.html
Copyright 2001-2017 Python Software Foundation; All Rights reserved
jqvmap
https://github.com/manifestinteractive/jqvmap/blob/master/LICENSE
radar chart
data-driven documents
BSD-3-Clause
https://opensource.org/licenses/BSD-3-Clause
D3-based reusable chart library
MIT License
https://opensource.org/licenses/MIT
Xcitium Platform EULA (07052022)


XCITIUM PLATFORM EXHIBIT B
END USER LICENSE AGREEMENT AND TERMS OF SERVICE
XCITIUM PLATFORM STANDARD MODULE


THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE.
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE XCITIUM MODULE
PRODUCT (THE “PRODUCT”). THE PRODUCT MEANS ALL OF THE ELECTRONIC FILES PROVIDED
BY DOWNLOAD OR ACCESSED WITH THIS LICENSE AGREEMENT. BY USING THE PRODUCT, OR
BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT USE THE SOFTWARE, SUBSCRIBE TO
OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.


Product Functionality
For a complete list and description of the Product features and functions, please refer to the appropriate
section of any applicable Administration Guide.
This end user license and subscriber agreement is between you (“you” or “Subscriber”), an individual, and
Xcitium, Inc., a Delaware limited liability company, with offices at 200 Broadacres Drive, Second Floor,
Bloomfield, NJ 07003, United States.
In exchange for your use of the Product, you agree as follows:


1. License
1.1. Grant of License.
Xcitium grants you a limited, non-exclusive, non-transferable, and revocable user license to
download, install, back-up, and use the Software (collectively, the “Product”) on one network
per MSP unless otherwise indicated under a valid license granted by Xcitium including any
documentation and files accompanying the Product. You shall not resell, lease, sell, modify,
reverse engineer, decompile, or create derivative works of the Software. All rights not
expressly granted herein are reserved to Xcitium.
This License grant shall expire at the end of the paid subscription period or at the end of the
trial period.
1.2. Restrictions. The licenses granted herein are only valid if:
(i) the Product is NOT modified in any manner;
(ii) the Product is only installed and used in accordance with your network security
policies,
(iii) you possess the necessary authority and power to install and use the Product,
(iv) you promptly pay all license fees when due, and
(v) this agreement is accepted without modification and has not been breached.
1.3. Registration. When registering Product, you must provide accurate information and must
update the registration information if it changes. Xcitium may limit your ability to use the
Product if you fail to complete a required registration process. You may also be required to
select a username and password. Maintaining the confidentiality of this password and
username is your responsibility. You must notify Xcitium immediately of any unauthorized
use of your account.
1.4. Limited License. The licenses granted herein are only for the registered MSP account for
which you paid for the Product. Each account(s) must be enrolled and activated through the
Xcitium Platform EULA (07052022)
Product. You can secure additional accounts by obtaining a separate license, which might
require an additional fee. You must have a license for each account that accesses or uses
the Product prior to installing or using the Product.
1.5. Updates. Xcitium is not obligated to provide updates to the Product. If an update is provided
and the update is not accompanied by an additional agreement, this agreement applies to
your use and installation of the update. The Product may update automatically without
notice.
1.6. Technical Support. Xcitium is not obligated to provide technical or customer support for the
Product. In the event technical or customer support is offered or included, Xcitium has a right
to alter or terminate the support at any time without notice.
1.7. Trial, Free, Evaluation, and Beta. If this agreement pertains to a trial, free, beta, or evaluation
version, the licenses granted herein terminate at the end of the trial or evaluation period or
when Xcitium disables access to the Product. For a trial version of the Product if no term is
agreed or specifically set forth in the documentation that you receive with this Product, then
the term for the licenses granted herein shall be for the term that you purchased. All trial,
evaluation, and beta licenses are limited to one per customer. Generally, credit card or
account information is required to access a free trial. However, Xcitium shall not charge your
credit card or account until the trial period has ended. At the end of the trial period, Xcitium
may bill the credit card or account for the Product without further notice. Participants in a free
trial are not entitled to a 30 day refund period. Your termination of this agreement prior to the
end of the free trial is required to avoid fees for the Product. Annual subscriptions expire one
year from the end of the trial period. Xcitium may deny or revoke a free trial for any reason.


2. Ownership
2.1. No Ownership Rights. The Product is being licensed, not sold. Xcitium retains its rights of
ownership or licensed in and to the Product, including any intellectual property rights therein.
2.2. Copyright. The Product contains material that is protected by United States and foreign
intellectual property laws, including copyright, trade secret, and patent law. All rights not
granted to you herein are expressly reserved by Xcitium. You may not remove any copyright
or other proprietary notice of Xcitium from the Product.
2.3. Content. Content, including files, links, images, and text, made available or accessible
through the Product is the sole responsibility of the person or entity from whom it originated
and is the property of the applicable owner. This agreement does not give any rights to such
content. Xcitium does not endorse any such content. You accept all responsibility for
security risks and any damage resulting from any content viewed or accessed through the
Product, and Xcitium is not responsible for any damage or loss caused by your use or
reliance on any of the content, goods or services, or information available through third party
sources regardless of how presented.
2.4. Submissions. Any communications sent to Xcitium are the property of Xcitium or its affiliates.
Unless stated otherwise herein, submissions are not considered confidential, and Xcitium is
not liable for any use or disclosure of a submission. Except as noted herein and subject to
applicable law, Xcitium is entitled to unrestricted use of any submissions for any purpose
whatsoever without compensation to the provider of the submission.


3. Payment
3.1. Fees. If there is a free version of the Product, it may be used without payment to Xcitium.
For a paid Product, you must pay the fee listed on any applicable purchase order or Xcitium’s
website prior to using or accessing the Product. Free and paid for Product are listed on
www.Xcitium.com. Xcitium may modify fees for paid Product in its sole discretion. Your
failure to terminate this agreement after a fee change is posted to Xcitium’s website
Xcitium Platform EULA (07052022)
constitutes your acceptance of amended prices, which will apply upon your renewal of the
Product.
3.2. Method of Payment. All fees must be paid in advance. Xcitium may automatically charge the
credit card or account provided for renewing subscriptions to the Product. However, you
remain solely responsible for any renewal payment. If renewal payments are not made
before a subscription expires, Xcitium may, without notice, restrict or remove your access to
the Product.
3.3. Rejected Charges. If any charges are rejected by your credit card issuer then Xcitium may
deactivate your account until payment is successfully received. Xcitium may deactivate any
account that has a disputed charge until Xcitium, in its sole discretion, determines the dispute
resolved.
3.4. Billing Issues. You shall provide Xcitium notice of any billing problems or disputes within 60
days after the charge first appears on a statement you receive from your bank, credit card
company, or other billing company. Failure to notify Xcitium of the problem within the 60 day
period is your acceptance of the charges. Xcitium is not obligated to provide a refund for any
unused Product.


4. Restrictions
4.1. Lawful Use. The Product is solely for lawful purposes and use. You are responsible for
ensuring that your use of the Product is in accordance with this agreement and any
applicable laws, statutes, ordinances, regulations, rules and other government authority.
4.2. Compliance. You shall (1) not interfere or disrupt networks connected to Xcitium’s services;
(2) comply with all regulations, policies and procedures of networks connected to the
services; (3) not use the Product to infringe the privacy or intellectual property rights of a third
party; (4) not use the Product to distribute or transmit any file that contains malware, (5) not
attempt to gain unauthorized access to other computer systems or mobile devices; and (6)
not use the Product to transmit any unlawful, harassing, libelous, defamatory, racist,
indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or
otherwise objectionable material of any kind or nature.
4.3. Export. You represent that you are not located in and will not modify, export or re-export,
either directly or indirectly, the Product to any country or entity under United States
restrictions or to any country or entity subject to applicable trade sanctions. The United States
restricted country and persons list is subject to change without notice from Xcitium, and you
must comply with the list as it exists in fact. XCITIUM SHALL NOT BE LIABLE FOR YOUR
VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS, WHETHER UNDER UNITED
STATES LAW OR FOREIGN LAW.


5. Termination.
5.1. Term. This agreement is effective for one year or as otherwise stated in any applicable
purchase order, unless earlier terminated by you or by Xcitium. You may only use paid
Product during the period for which you have paid the subscription fee. The subscription may
be renewed by paying an additional license fee as set forth on the Xcitium website.
5.2. Termination by You. For free software, you may terminate this agreement at any time by
removing all copies of the software in your possession or under your control. All paid Product
may be terminated by removing all copies of any related software and notifying Xcitium of
your intent to terminate this agreement. Notification of termination must be sent by email to
support@Xcitium.com. Your termination will be effective upon Xcitium’s receipt and
processing of the email. Processing may take up to 24 hours.
5.3. Termination by Xcitium. Xcitium may terminate this agreement at any time by posting notice
of the termination on its website or sending an email to the address provided during your
registration for the Product. Xcitium may monitor its systems for excessive consumption of
Xcitium Platform EULA (07052022)
network resources and may take technical or other remedies deemed necessary to prevent
or eliminate any excessive consumption. If Xcitium deems your use to be excessive, Xcitium
may, with email notice, terminate your account or adjust the price of the Product.
5.4. Events Upon Termination. Upon termination, you must immediately cease using the Product
and delete all copies of any related software found on your mobile device and any backup
copies made. Upon termination, Xcitium may disable further use of the Product without
further notice and may delete, remove, and erase any account information, any backup data
stored by Xcitium, and any other information stored or collected by Xcitium. Such deletions
are in Xcitium’s sole discretion and may occur without notice to you. No refunds shall be
given for any reason.


6. Indemnification.
6.1. Indemnification. You shall indemnify (i) Xcitium, (ii) Xcitium’s affiliates, and (iii) Xcitium’s and
its affiliate’s directors, officers, employees, and agents (each an “Indemnified Person”)
against all liabilities, losses, expenses, or costs (including reasonable attorney’s fees)
(collectively “Losses”) that, directly or indirectly, are based on your breach of this agreement,
information provided by you, your infringement on the rights of a third party, or your violation
of a law, including but not limited to any law or regulation relating to the privacy and/or
security of your users and their devices.
6.2 Indemnification By Xcitium. Xcitium hereby agrees to indemnify, defend and hold harmless
You (an “Indemnified Person”), from and against, any and all Losses incurred by You in
connection with any claim, action, suit or proceeding by a third party (each, a “Claim”) to the
extent such Claim arises out of or results from Xcitium’s misappropriation of a trade secret of
a third party or direct infringement of any U.S. patent, registered copyright, or registered
trademark (“Intellectual Property Infringement”) related to the use of the Product. Xcitium’s
indemnification obligations shall not apply to the extent any such infringement or
misappropriation is the result of: (a) Your independent modification of the Product, or any
other product, software or service provided under this agreement where without such
modification the Product or other product would not infringe, (b) Your combination of the
Product or any other product, software or service provided under this agreement with any
other product, or use with any other product, (c) Xcitium’s adherence to Your express written
instructions where such instructions and any modifications, changes or combinations made
as a result of said instructions are solely responsible for the claim of infringement, (d) any
Claim based on open source software or other third party code included with the Product, (e)
any unauthorized use of the Product, or (f) use of the Product other than in accordance with
the Documentation (any applicable administration guide for the current version of the
Product).
6.2.1. Remedy and Liability: In the event that a court of final determination and of competent
jurisdiction holds that the Product constitutes a direct infringement or use of the Product
is enjoined, Xcitium shall, at its sole discretion, do one or more of the following: (i)
procure for you the right to continue use of the Product, (ii) provide a modification to the
Product so that its use becomes non-infringing, (iii) replace the Product with software that
is substantially similar in functionality and performance or (iv), if none of the foregoing
alternatives is reasonably available to Xcitium, Xcitium shall refund the residual value of
the purchase price paid by you for the infringing Product, depreciated using a straight-line
method of depreciation over a three (3) year period from the date of delivery of the
Product to you. Xcitium may also request You to remove all copies of any Product held to
be infringing or giving rise to a Claim.
THE AGGREGATE LIABILITY OF XCITIUM AND ITS AFFILIATES, AND THEIR
OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS,
RESULTING FROM OR CONNECTED TO THIS SECTION OF THE AGREEMENT
SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID OR PAYABLE BY
Xcitium Platform EULA (07052022)
YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO A CLAIM. THIS SECTION
STATES XCITIUM’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
6.3 Indemnification Procedure. Each Indemnified Person must notify the other party promptly
(within 14 days) of a demand for indemnification. However, an Indemnified Person’s failure to
notify will not relieve the other party from its indemnification obligations except to the extent
that the failure to notify materially prejudices a party. The Indemnitor may assume the
defense of any action, suit, or proceeding giving rise to an indemnification obligation unless
assuming the defense would result in potential conflicting interests as determined by the
Indemnified Person in good faith. Indemnitor may not settle any claim, action, suit or
proceeding related to this Agreement unless the settlement also includes an unconditional
release of all Indemnified Persons from liability.
6.4 Additional Liability. Your indemnification obligations are not Xcitium’s sole remedy for a
breach and are in addition to any other remedies Xcitium may have against you under this
agreement. Your indemnification obligations survive the termination of this agreement.


7. Disclaimers and Limitation of Liability.
7.1. Internet. You acknowledge that the Product is subject to the operation and
telecommunications infrastructures of the Internet and the operation of your Internet
connection services, all of which are beyond Xcitium’s control.
7.2. Guarantee Disclaimer; Assumption of Risk. EXCEPT AS SPECIFICALLY STATED
OTHERWISE IN THIS AGREEMENT, XCITIUM EXPRESSLY DISCLAIMS ALL IMPLIED
AND EXPRESS WARRANTIES IN THE PRODUCT. THIS DISCLAIMER INCLUDES ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY
LAW. XCITIUM DOES NOT GUARANTEE THAT 1) THE PRODUCT WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCT WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ACKNOWLEDGE
THAT IF YOU WISH TO PROTECT YOUR TRANSMISSION OF DATA OR FILES, IT IS
YOUR RESPONSIBILITY TO USE A SECURE ENCRYPTED CONNECTION TO
COMMUNICATE WITH THE SERVICES.
7.3. Damage Limitation. EXCEPT AS STATED UNDER SECTION 6.2.1 (INDEMNIFICATION
FOR INTELLECTUAL PROPERTY INFRINGEMENT), THE TOTAL LIABILITY OF XCITIUM
AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS,
EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS
AGREEMENT IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT. YOU
WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST
PROFITS, REVENUE, USE, OR DATA AND APPLIES EVEN IF XCITIUM IS AWARE OF
THE POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum extent
permitted by law regardless of 1) the reason for or nature of the liability, including tort claims,
2) the number of claims, 3) the extent or nature of the damages, and 4) whether any other
provisions of this agreement have been breached or proven ineffective.
7.4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH
THE PRODUCT IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE
USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. XCITIUM DOES NOT
ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH
ITS PRODUCT AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR
DATA.
Xcitium Platform EULA (07052022)
7.5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain
damages, then the disclaimers of guarantee and limitations on liability herein apply to the
maximum extent allowed by law.
7.6. Limitations on Remedy. Except for actions and claims related to a party’s indemnification
obligations, all actions or claims relating to this agreement must be brought within one (1)
year from the date when the cause of action occurred.


8. Privacy.
8.1. Privacy Policy. Xcitium shall follow the privacy policy posted on its website when collecting
and using information from you. Xcitium may amend the privacy policy at any time by posting
the amended privacy policy on its website.
8.2. Permissions. Please refer to the particular product or administrative guide for any specific
permissions.
8.3. Disclosure. Xcitium will disclose information where required by a subpoena, interception
order or other lawful process. Xcitium may also disclose information when it believes that
such disclosure is necessary to protect the rights or safety of others or to enforce, or protect
Xcitium’s rights under this Agreement.
8.4. Promotions. By clicking “I ACCEPT”, you affirmatively consent to receiving Xcitium’s and its
affiliates’ promotional material.
8.5. User Data Compliance. You are responsible for ensuring that you or any users of the Product
comply with the obligations under this Agreement. You will duly observe all your obligations
under any relevant data protection or privacy law or regulation that may apply, including any
obligation to configure the Product appropriately, provide notice, obtain consent, or file
documents with any applicable data protection authorities. You are responsible for
developing a policy that protects user data, outlines the responsibilities of you and your
users, and informs your users of the scope your use of the Product.


9. Miscellaneous
9.1. Notices. All questions, notices, demands, or requests to Xcitium with respect to this
Agreement shall be made in English writing to Xcitium, Inc., 200 Broadacres Drive,
Bloomfield, New Jersey 07003, USA. All notices to you shall be made by posting the notice
on the Xcitium website.
9.2. Governing Law. The laws of New Jersey, USA govern the interpretation, construction, and
enforcement of this Agreement and all proceedings arising out of it, including tort claims,
without regard to any conflicts of law principles.
The United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act shall not apply to this Agreement and are
specifically excluded.
9.3. Entire Agreement. This agreement, along with the attached schedules and any documents
referred to herein, is the entire agreement between the parties with respect to the subject
matter, superseding all other agreements that may exist with respect to the subject matter.
Section headings are for reference and convenience only and are not part of the
interpretation of the agreement.
9.4. Modifications. Xcitium may amend or discontinue the Product offered under this agreement
in its sole discretion, including modifying renewal license fees, availability, equipment and
software requirements, and limiting or restricting use of Product. Xcitium may amend this
agreement to the extent allowed by law. Xcitium will give you notice of these amendments by
posting the modified agreement to its website. You must periodically visit Xcitium’s website
to be aware of any changes. Continued use of a Product after an amendment constitutes
your acceptance of the change.
Xcitium Platform EULA (07052022)
9.5. Waiver. A party’s failure to enforce a provision of this agreement does not waive the party’s
right to enforce the same provision later or right to enforce any other provision of this
agreement. To be effective, all waivers must be both in writing and signed by the party
benefiting from the waived provision.
9.6. Force Majeure and Internet Frailties. Other than for payment obligations by you, neither party
will be liable for a delay or failure to perform an obligation to the extent that the delay or
failure is caused by an occurrence beyond the party's reasonable control. Each party
acknowledges that the operation of the Internet is beyond the other party’s reasonable
control, and neither party will be liable for a delay or failure caused by an interruption or
failure of telecommunication or digital transmission links, Internet slow-downs or failures, or
other such transmission failure.
9.7. Arbitration. You agree that any dispute, claim or controversy arising out of this agreement
shall be determined by binding arbitration. Before you may begin arbitration with respect to a
dispute involving any aspect of this Agreement, you shall notify Xcitium and any other party to
the dispute for the purpose of seeking dispute resolution. The notice to Xcitium should be
addressed to Xcitium, Inc., 200 Broadacres Drive, Second Floor, Bloomfield, New Jersey
07003, USA.
If the dispute is not resolved within sixty (60) days after the initial notice, then a party may
proceed in accordance with the following: The laws of New Jersey, USA govern the
interpretation, construction, and enforcement of this agreement and all proceedings arising
out of it, including tort claims, without regard to any conflicts of law principles. Any
controversy or claim arising out of or relating to this contract, or the breach thereof, shall be
settled by arbitration administered by the International Chamber of Commerce in accordance
with its Arbitration Rules, with the venue in Bloomfield, NJ, USA and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Either
party may appear before the panel by telephone.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND XCITIUM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
NEITHER YOU NOR XCITIUM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A
FEDERAL OR STATE CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN
ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN
A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE
COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL
PARTIES TO ALL AFFECTED ARBITRATION OR PROCEEDINGS.
9.8. Assignment. You may not assign any of your rights or obligations under this agreement,
whether by merger, consolidation, operation of law, or any other manner, without the prior
written consent of Xcitium. For purposes of this section only, a change in control is deemed
an assignment. Any transfer without consent is void. To the extent allowed by law, Xcitium
may assign its rights and obligations without your consent.
9.9. Severability. Any provision held invalid or unenforceable will be reformed to the minimum
extent necessary to make the provision valid and enforceable. If reformation is not possible,
the provision is deemed omitted and the balance of the agreement remains valid and
enforceable.
9.10. Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and
limitations of liability survive the termination of the agreement.
9.11. Rights of Third Parties. There are no third party beneficiaries under the agreement.
Xcitium Platform EULA (07052022)


ACCEPTANCE
BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS. DO
NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT.


Xcitium Platform EULA (07052022)


XCITIUM PLATFORM EXHIBIT C
END USER LICENSE AGREEMENT
XCITIUM SECURE INTERNET GATEWAY


THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND WAIVER OF CLASS
ARBITRATIONS AND CLASS ACTIONS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCEPTING ITS TERMS AND CONDITIONS.


IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT. THE
“PRODUCT” MEANS XCITIUM’S SECURE INTERNET GATEWAY, INCLUDING ALL OF THE
ELECTRONIC FILES, DOCUMENTATION, AND SOFTWARE PROVIDED THEREIN, EXCEPT AS
EXPRESSLY STATED HEREIN. BY USING THE PRODUCT, OR BY CLICKING ON “I ACCEPT”
BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE
TO THE TERMS HEREIN, DO NOT USE THE PRODUCT, SUBSCRIBE TO OR USE THE SERVICES,
OR CLICK ON “I ACCEPT”.


This end user license agreement (“Agreement”) is between you, or the business entity you represent,
(“Subscriber”) and Xcitium, Inc., with its principal place of business at 200 Broadacres Drive, Second
Floor, Bloomfield, New Jersey 07003, United States (hereinafter “Xcitium”).


In exchange for Subscriber’s use of the Product, Subscriber agrees as follows:


1. License.
1.1. Grant of License. Subject to the limits herein, Xcitium grants Subscriber a non-exclusive, nonsublicensable, and revocable license to use the Product, including any documentation and
files accompanying the Product, on a single network for the term that Subscriber has paid.
Subscriber shall not resell, lease, sell, modify, reverse engineer, decompile, or create
derivative works of the Product. All rights not expressly granted herein are reserved to
Xcitium. This license grant shall expire at the end of the paid subscription period or at the end
of the trial period.


1.2. Restrictions. The licenses granted herein are only valid if:
(i) the Product is NOT modified in any manner;
(ii) the Product is only installed and used in accordance with Subscriber’s network
security policies;
(iii) Subscriber possesses the necessary authority and power to install and use the
Product;
(iv) Subscriber promptly pays all license fees when due; and
(v) this Agreement is accepted without modification and has not been breached.


1.3. Registration. When registering the Product, Subscriber must provide accurate information
and must update the registration information if it changes. Xcitium may limit Subscriber’s
ability to use the Product if Subscriber fails to complete a required registration process.
Subscriber may also be required to select a username and password. Maintaining the
confidentiality of this password and username is Subscriber’s responsibility. Subscriber must
notify Xcitium immediately of any unauthorized use of Subscriber’s account.


1.4. Limited License. The licenses granted herein are only for the number of computers or devices
for which Subscriber has paid for the Product. Subscriber can secure additional computers
by obtaining a separate license for each computer or device, which might require an
additional fee. Subscriber must have a license for each computer or device that accesses or
Xcitium Platform EULA (07052022)
uses the Product prior to installing or using the Product.


1.5. Updates. Xcitium is not obligated to provide updates to the Product. If an update is provided
and the update is not accompanied by an additional agreement, this Agreement applies to
Subscriber’s use and installation of the update. The Product may update automatically
without notice.


1.6. Technical Support. Xcitium is not obligated to provide technical or customer support for the
Product. In the event technical or customer support is offered or included, Xcitium has a right
to alter or terminate the support at any time without notice.


1.7. Open Source Software. The Product contains open source software ("OSS"), which is
licensed to Subscriber by third parties under different licenses than this Agreement. The
licenses and notices for OSS contained in the Product can be found in Schedule 1 to this
Agreement. To the extent the license for an OSS component grants Subscriber rights to use,
copy, or modify the component that are broader than the rights granted in this Agreement,
such rights shall take precedence over the rights and restrictions granted in this Agreement
solely for that OSS component.


1.8. Trial, Free, Evaluation, and Beta. If this Agreement pertains to a trial, free, beta, or
evaluation version, the licenses granted herein terminate at the end of the trial or evaluation
period or when Xcitium disables access to the Product. For a trial version of the Product if no
term is agreed or specifically set forth in the documentation that Subscriber received with this
Product, then the term for the licenses granted herein shall be for the term that Subscriber
purchased. All trial, evaluation, and beta licenses are limited to one per customer. Generally,
credit card information is required to access a free trial. However, Xcitium shall not charge
Subscriber’s credit card until the trial period has ended. At the end of the trial period, Xcitium
may bill the credit card for the Product without further notice. Participants in a free trial are
not entitled to a 30 day refund period. Subscriber’s termination of this Agreement prior to the
end of the free trial is required to avoid fees for the Product. Annual subscriptions expire one
year from the end of the trial period. Xcitium may deny or revoke a free trial for any reason.


1.9. DNS Services Upon installation and setup, the Product will reconfigure your DNS settings
to point to the Xcitium name servers to accept, process, and resolve recursive DNS queries
(“Recursive Traffic”). Xcitium may re-direct or terminate Recursive Traffic that Xcitium, in its
sole discretion, determines or considers to be harmful or invalid. You must not disclose the
NameServer addresses to any third party who has not accepted this Agreement. You are
giving Xcitium express permission for the above with use of this Product.


You will be able to use your DNS package until you reach the total pre-set maximum DNS
Requests per month. Upon reaching that limit, Xcitium may block your usage and request you
to upgrade your account to a higher level. The limits are calculated per month and at the
beginning of every month the number of requests reset and if within a month you exceed the
allotted DNS requests, Xcitium may apply such actions as blocking your account, halting user
interface, or disabling support or any other actions Xcitium deems necessary, including
terminating your account.


Xcitium calculates one (1) endpoint as 1200 DNS Requests per day. Free usage limit and the
pricing that Xcitium applies is on a per endpoint basis and is calculated based on this
number. (As an Example, 20,000 DNS Requests is approximately 16 endpoints). There may
be cases where customers' DNS requests are more than Xcitium’s standard calculation. It is
the Customer’s responsibility to inform Xcitium and provide the correct number of endpoints.
Absent evidence otherwise, Xcitium will use the 1200 DNS requests per day for endpoint
count calculations. Upon customer’s notification about the actual number of endpoints,
Xcitium has the right to investigate the Customer’s particular case in detail and if necessary,
Xcitium Platform EULA (07052022)
request the Customer to satisfy a different pricing level based on the endpoint count as a
result of the investigation.


Upon termination of this agreement, you must change your DNS settings away from Xcitium’s
NameServers. Xcitium is not required to provide access to alternative services at
termination.


2. Ownership.
2.1. No Ownership Rights. The Product is being licensed, not sold. Xcitium retains all ownership
rights in and to the Product, including any intellectual property rights therein.


2.2. Copyright. The Product contains material that is protected by United States and foreign
intellectual property laws, including copyright, trade secret, and patent law. All rights not
granted to Subscriber herein are expressly reserved by Xcitium. Subscriber may not remove
any copyright or other proprietary notice of Xcitium from the Product.


2.3. Content. Content, including files, links, images, and text, made available or accessible
through the Product is the sole responsibility of the person or entity from whom it originated
and is the property of the applicable owner. This Agreement does not give any rights to such
content. Xcitium does not endorse any such content. Subscriber accepts all responsibility for
security risks and any damage resulting from any content viewed or accessed through the
Product, and Xcitium is not responsible for any damage or loss caused by Subscriber’s use
or reliance on any of the content, goods or services, or information available through third
party sources regardless of how presented.


2.4. Submissions. Subscriber represents that it has the necessary rights and licenses to any files
submitted to Xcitium for scanning. Subscriber also represents that its submission of files to
Xcitium will not violate any third party rights to such files, including intellectual property rights
and rights to privacy. Any communications sent to Xcitium are the property of Xcitium or its
affiliates. Unless stated otherwise herein, submissions are not considered confidential, and
Xcitium is not liable for any use or disclosure of a submission. Except as noted herein, and
subject to any applicable laws, Xcitium is entitled to unrestricted use of any submissions for
any purpose whatsoever without compensation to the provider of the submission.


3. Payment.
3.1. Xcitium Fees. If there is a free version of the Product, it may be used without payment to
Xcitium. For a paid Product, Subscriber must pay the fee listed on Xcitium’s website prior to
using or accessing the Product or any purchase order for the Product. Free versions and
paid versions of the Product are listed on the Xcitium website. Xcitium may modify fees for a
paid version of the Product in its sole discretion. Subscriber’s failure to terminate this
Agreement after a fee change is posted to Xcitium’s website constitutes Subscriber’s
acceptance of the amended prices, which will apply upon Subscriber’s renewal of the
Product.
(i) Method of Payment. All Xcitium fees must be paid in advance. Xcitium may
automatically charge the account or credit card provided for renewing subscriptions
to the Product. However, Subscriber remains solely responsible for any renewal
payment. If renewal payments are not made before a subscription expires, Xcitium
may, without notice, restrict or remove Subscriber’s access to the Product.
(ii) Rejected Charges. If any charges are rejected by Subscriber’s credit card issuer
then Xcitium may deactivate Subscriber’s account until payment is successfully
received. Xcitium may deactivate any account that has a disputed charge until
Xcitium, in its sole discretion, determines the dispute resolved.
(iii) Billing Issues. Subscriber shall provide Xcitium notice of any billing problems or
disputes within 60 days after the charge first appears on a statement Subscriber
Xcitium Platform EULA (07052022)
receives from Subscriber’s bank, credit card company, or other billing company.
Failure to notify Xcitium of the problem within the 60day period is Subscriber’s
acceptance of the charges. Xcitium is not obligated to provide a refund for any
unused Product.


3.2. Third Party Fees. Subscriber’s use of the Product in connection with a third party account
may result in other fees, charged by a third party, which are separate from and in addition to
fees charged by Xcitium. Subscriber agrees that other terms of use and privacy policies may
apply to Subscriber’s use of the Product in connection with a third party account. Xcitium is
not responsible for fees charged by third parties. These fees are not charged or billed by
Xcitium, and should not be paid to Xcitium.


4. Restrictions.
4.1. Lawful Use. The Product is solely for lawful purposes and use. Subscriber is responsible for
ensuring that Subscriber’s use of the Product is in accordance with this Agreement and any
applicable laws, statutes, ordinances, regulations, rules and other government authority.


4.2. Mobile Device Policies. The Product may contain functions allowing Subscriber to set policies
for mobile devices. For each mobile device Subscriber includes in such policies, Subscriber
represents that it (1) is the owner of the mobile device covered under such policies, or (2) has
obtained the mobile device owner’s express consent (i) to include the mobile device under
such policies, and (ii) for Xcitium and Subscriber to collect the information provided for in
section 8.2 (Permissions) below.


4.3. Subscriber Obligations. Subscriber shall (1) not interfere or disrupt networks connected to
Xcitium’s services; (2) comply with all regulations, policies and procedures of networks
connected to the services; (3) not use the Product to infringe the privacy or intellectual
property rights of a third party; (4) not use the Product to distribute or transmit any file that
contains malware, (5) not attempt to gain unauthorized access to other computer systems or
mobile devices; and (6) not use the Product to transmit any unlawful, harassing, libelous,
defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar,
obscene, offensive or otherwise objectionable material of any kind or nature.


4.4. Export. Subscriber represents that it is not located in and will not modify, export or re-export,
either directly or indirectly, the Product to any country or entity under United States
restrictions or to any country or entity subject to applicable trade sanctions. The United States
restricted country and persons list is subject to change without notice from Xcitium, and
Subscriber must comply with the list as it exists in fact. XCITIUM SHALL NOT BE LIABLE
FOR SUBSCRIBER’S VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS,
WHETHER UNDER UNITED STATES LAW OR FOREIGN LAW.


5. Termination.
5.1. Term. This Agreement is effective until terminated by Subscriber or by Xcitium. Subscriber
may only use the paid Product during the period for which Subscriber has paid the
subscription fee. The subscription may be renewed by paying an additional license fee as set
forth on the Xcitium website.


5.2. Termination by Subscriber. For the free Product, Subscriber may terminate this Agreement
at any time by removing all copies of the Product in Subscriber’s possession or under
Subscriber’s control. The paid Product may be terminated by removing all copies of any
related software and notifying Xcitium of Subscriber’s intent to terminate this Agreement.
Notification of termination must be sent by email to support@Xcitium.com. Subscriber’s
termination will be effective upon Xcitium’s receipt and processing of the email. Processing
may take up to 24 hours.
Xcitium Platform EULA (07052022)


5.3. Termination by Xcitium. Xcitium may terminate this Agreement at any time by posting notice
of the termination on its website or sending an email to the address provided during
Subscriber’s registration for the Product. Xcitium may monitor its systems for excessive
consumption of network resources and may take technical or other remedies deemed
necessary to prevent or eliminate any excessive consumption. If Xcitium deems Subscriber’s
use to be excessive, Xcitium may, with email notice, terminate Subscriber’s account or adjust
the price of the Product. See also Section 1.9 for termination due to excessive use of DNS
services.


5.4. Events Upon Termination. Upon termination, Subscriber must immediately cease using the
Product and delete all copies of any related software found on Subscriber’s mobile device
and any backup copies made. Upon termination, Xcitium may disable further use of the
Product without further notice and may delete, remove, and erase any account information,
any backup data stored by Xcitium, and any other information stored or collected by Xcitium.
Such deletions are in Xcitium’s sole discretion and may occur without notice to Subscriber.
No refunds shall be given for any reason.


6. Indemnification.
6.1. Indemnification. Subscriber shall indemnify (i) Xcitium, (ii) Xcitium’s affiliates, and (iii)
Xcitium’s and its affiliate’s directors, officers, employees, and agents (each an “Indemnified
Person”) against all liabilities, losses, expenses, or costs (including reasonable attorney’s
fees) (collectively “Losses”) that, directly or indirectly, are based on Subscriber’s breach of
this Agreement, information provided by Subscriber, or Subscriber’s infringement on the
rights of a third party.


6.2. Indemnification Procedure. Xcitium shall notify Subscriber promptly of any demand for
indemnification. However, Xcitium’s failure to notify will not relieve Subscriber from
Subscriber’s indemnification obligations except to the extent that the failure to provide timely
notice materially prejudices Subscriber. Subscriber may assume the defense of any action,
suit, or proceeding giving rise to an indemnification obligation unless assuming the defense
would result in potential conflicting interests as determined by the Indemnified Person in good
faith. Subscriber may not settle any claim, action, suit or proceeding related to this
Agreement unless the settlement also includes an unconditional release of all Indemnified
Persons from liability.


6.3. Additional Liability. Subscriber’s indemnification obligations are not Xcitium’s sole remedy for
a breach and are in addition to any other remedies Xcitium may have against Subscriber
under this Agreement. Subscriber’s indemnification obligations survive the termination of this
Agreement.


7. Disclaimers and Limitation of Liability.
7.1. Internet. Subscriber acknowledges that the Product is subject to the operation and
telecommunications infrastructures of the Internet and the operation of Subscriber’s Internet
connection services, all of which are beyond Xcitium’s control.


7.2. Guarantee Disclaimer; Assumption of Risk. EXCEPT AS SPECIFICALLY STATED
OTHERWISE IN THIS AGREEMENT, XCITIUM EXPRESSLY DISCLAIMS ALL IMPLIED
AND EXPRESS WARRANTIES IN THE PRODUCT. THIS DISCLAIMER INCLUDES ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY
LAW. XCITIUM DOES NOT GUARANTEE THAT 1) THE PRODUCT WILL MEET
SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE
PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.


7.3. Damage Limitation. THE TOTAL LIABILITY OF XCITIUM AND ITS AFFILIATES, AND EACH
OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS,
Xcitium Platform EULA (07052022)
RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS LIMITED TO THE
AMOUNT PAID BY SUBSCRIBER FOR THE PRODUCT. SUBSCRIBER WAIVES ALL
LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR
DATA AND APPLIES EVEN IF XCITIUM IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES. These limitations apply to the maximum extent permitted by law regardless of 1)
the reason for or nature of the liability, including tort claims, 2) the number of claims, 3) the
extent or nature of the damages, and 4) whether any other provisions of this Agreement have
been breached or proven ineffective.


7.4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH
THE PRODUCT IS AT SUBSCRIBER’S OWN RISK. SUBSCRIBER IS SOLELY
RESPONSIBLE FOR ITS USE OR POSSESSION OF SUCH DATA OR MATERIAL.
XCITIUM DOES NOT ACTIVELY MONITOR ANY INFORMATION OR MATERIAL
TRANSFERRED THROUGH ITS PRODUCT AND CANNOT WARRANT THE CONTENT OF
SUCH MATERIAL OR DATA.


7.5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain
damages, then the disclaimers of guarantee and limitations on liability herein apply to the
maximum extent allowed by law.


7.6. Limitations on Remedy. Except for actions and claims related to a party’s indemnification
obligations, all actions or claims relating to this Agreement must be brought within one (1)
year from the date when the cause of action occurred.


8. Privacy.
8.1. Privacy Policy. Xcitium shall follow the privacy policy posted on its website at:
https://www.Xcitium.com when collecting and using information from Subscriber. Xcitium
may amend the privacy policy at any time by posting the amended privacy policy on its
website.

8.2. Permissions. By using the Product, Subscriber expressly gives permission to Xcitium and the
Product to collect information relating to the following: Subscriber’s HTTP/S traffic, URLs
visited, external IP addresses, and device name(s). This information is collected to improve
the ability of Xcitium’s products to detect malicious behavior, and to allow the Product to
create rule-based actions (such as blocking or allowing) for particular types of
traffic/information. In addition, the Product may automatically submit to Xcitium any files or
programs that are unknown or untrusted, including information on the actions taken by such
files. Such files could contain personally identifiable information that has been obtained by
any of the identified pending/unrecognized files without your permission. Files of this type
are being collected by Xcitium only for the purpose of improving the ability of Xcitium’s
products to detect malicious behavior. Subscriber expressly gives permission to Xcitium and
for the Product to collect and review such information, files, and to upload executable files to
a cloud based system for malware analysis. Xcitium stores all processed files for further
analysis and has access to those files.


8.3. Disclosure. Xcitium will disclose information where required by a subpoena, interception
order or other lawful process. Xcitium may also disclose information when it believes that
such disclosure is necessary to protect the rights or safety of others or to enforce, or protect
Xcitium’s rights under this Agreement.


8.4. Opt Out. Subscriber may opt-out of having information used for purposes not directly related
to the Product by emailing a clear notice to optout@Xcitium.com. By clicking “I ACCEPT”,
Subscriber affirmatively consents to receiving Xcitium’s and its affiliates’ promotional material.
Xcitium Platform EULA (07052022)


9. Miscellaneous.
9.1. Notices. All questions, notices, demands, or requests to Xcitium with respect to this
Agreement shall be made in English writing to: Xcitium, Inc., 200 Broadacres Drive, Second
Floor, Bloomfield, New Jersey 07003. All notices to Subscriber shall be made by posting the
notice on the Xcitium website.


9.2. Entire Agreement. This Agreement, along with the attached schedules and any documents
referred to herein, is the entire agreement between the parties with respect to the subject
matter, superseding all other agreements that may exist with respect to the subject matter.
Section headings are for reference and convenience only and are not part of the
interpretation of this Agreement.


9.3. Modifications. Xcitium may amend or discontinue the Product offered under this Agreement
in its sole discretion, including modifying renewal license fees, availability, equipment and
software requirements, and limiting or restricting use of Product. Xcitium may amend this
Agreement to the extent allowed by law. Xcitium will give Subscriber notice of these
amendments by posting the modified agreement to its website. Subscriber must periodically
visit Xcitium’s website to be aware of any changes. Continued use of a Product after an
amendment constitutes Subscriber’s acceptance of the change.


9.4. Waiver. A party’s failure to enforce a provision of this Agreement does not waive the party’s
right to enforce the same provision later or right to enforce any other provision of this
Agreement. To be effective, all waivers must be both in writing and signed by the party
benefiting from the waived provision.

9.5. Force Majeure and Internet Frailties. Other than for payment obligations by Subscriber,
neither party will be liable for a delay or failure to perform an obligation to the extent that the
delay or failure is caused by an occurrence beyond the party's reasonable control. Each party
acknowledges that the operation of the Internet is beyond the other party’s reasonable
control, and neither party will be liable for a delay or failure caused by an interruption or
failure of telecommunication or digital transmission links, Internet slow-downs or failures, or
other such transmission failure.


9.6. Arbitration and Governing Law. Subscriber agrees that any dispute, claim or controversy
arising out of this Agreement shall be determined by binding arbitration. Before Subscriber
may begin arbitration with respect to a dispute involving any aspect of this Agreement,
Subscriber shall notify Xcitium and any other party to the dispute for the purpose of seeking
dispute resolution. The notice to Xcitium should be addressed to 200 Broadacres Drive,
Second Floor, Bloomfield, New Jersey 07003.


If the dispute is not resolved within sixty (60) days after the initial notice, then a party may
proceed in accordance with the following: Any unresolved dispute arising under the terms of
this Agreement shall be decided by arbitration conducted through the services of the
Commercial Arbitration Rules of the American Arbitration Association (hereinafter referred to
as the “AAA”). Notice of demand for an arbitration hearing shall be in writing and properly
served upon the parties to this Agreement. Arbitration hearings shall be held in the state of
New Jersey at a location mutually agreeable to the parties.


The laws of the state of New Jersey govern the interpretation, construction and enforcement
of this Agreement and all proceedings arising out of it without regard to any conflicts of laws
principles. Both parties agree to the exclusive venue and jurisdiction of state or U.S. federal
courts located in New Jersey.


Xcitium Platform EULA (07052022)


The United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act shall not apply to this Agreement and are
specifically excluded.


WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND XCITIUM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
NEITHER YOU NOR XCITIUM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A
FEDERAL OR STATE CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN
ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN
A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE
COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL
PARTIES TO ALL AFFECTED ARBITRATION OR PROCEEDINGS.


9.7. Assignment. Subscriber may not assign any of its rights or obligations under this Agreement,
whether by merger, consolidation, operation of law, or any other manner, without the prior
written consent of Xcitium. For purposes of this section only, a change in control is deemed
an assignment. Any transfer without consent is void. To the extent allowed by law, Xcitium
may assign its rights and obligations without Subscriber’s consent.


9.8. Severability. Any provision held invalid or unenforceable will be reformed to the minimum
extent necessary to make the provision valid and enforceable. If reformation is not possible,
the provision is deemed omitted and the balance of this Agreement remains valid and
enforceable.


9.9. Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and
limitations of liability survive the termination of this Agreement.


9.10. Rights of Third Parties. There are no third party beneficiaries under this Agreement.


ACCEPTANCE
BY CLICKING “I ACCEPT” BELOW, SUBSCRIBER AGREES THAT IT HAS READ AND
UNDERSTANDS THIS AGREEMENT AND THAT IT WILL BE BOUND BY AND COMPLY WITH ALL OF
ITS TERMS. DO NOT CLICK THE “I ACCEPT” BUTTON IF SUBSCRIBER DOES NOT AGREE TO THE
TERMS OF THIS AGREEMENT.


Xcitium Platform EULA (07052022)


SCHEDULE 1
Open Source Software
Open source software may be used to provide the Product and is provided under other licenses and/or
has source available from other locations. Subscriber agrees that any copies of third party software shall
contain the same copyright and proprietary notices that appear in the Product. The following open source
software may be included and is provided under other licenses and/or has source available from other
locations:


The following applies to Angular:
The MIT License
Copyright (c) 2010-2016 Google, Inc. http://angularjs.org
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and
associated documentation files (the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do
so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.


The following applies to Boost:
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of
the software and accompanying documentation covered by this license (the "Software") to use,
reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative
works of the Software, and to permit third-parties to whom the Software is furnished to do so, all
subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant,
this restriction and the following disclaimer, must be included in all copies of the Software, in
whole or in part, and all derivative works of the Software, unless such copies or derivative works
are solely in the form of machine-executable object code generated by a source language
processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE
LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR
THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Xcitium Platform EULA (07052022)


The following applies to Curl:
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2016, Daniel Stenberg, <daniel@haxx.se>, and many contributors, see the
THANKS file.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is
hereby granted, provided that the above copyright notice and this permission notice appear in all
copies.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR
ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising
or otherwise to promote the sale, use or other dealings in this Software without prior written
authorization of the copyright holder.


The following applies to Libsodium:
ISC License
Copyright (c) 2013-2016
Frank Denis <j at pureftpd dot org>
Permission to use, copy, modify, and/or distribute this software for any purpose with or without
fee is hereby granted, provided that the above copyright notice and this permission notice appear
in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.


The following applies to dnscrypt-proxy:
Copyright (c) 2011-2016 Frank Denis <j at pureftpd dot org>
Permission to use, copy, modify, and/or distribute this software for any purpose with or without
fee is hereby granted, provided that the above copyright notice and this permission notice appear
in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
Xcitium Platform EULA (07052022)
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
====
This license applies to all parts of dnscrypt-proxy that are not externally maintained libraries.
The externally maintained libraries used by dnscrypt-proxy are:
- libsodium (https://github.com/jedisct1/libsodium). 2-clause BSD license. Based on NaCl
(http://nacl.cr.yp.to), public domain. See src/libsodium/{COPYING,AUTHORS}.
- libevent (http://libevent.org/). 3-clause BSD license. See src/libevent/LICENSE.


Licenses for Android Application:
Squareup Retrofit2 2.3.0
http://www.apache.org/licenses/LICENSE-2.0
Squareup Okhttp3 3.8.1
http://www.apache.org/licenses/LICENSE-2.0
PhilJay MPAndroidChart 3.0.2
http://www.apache.org/licenses/LICENSE-2.0
Timber 4.5.1
http://www.apache.org/licenses/LICENSE-2.0
strongSwan 5.6
http://www.gnu.org/licenses/gpl-2.0.html
The following applies to components licensed under GPLv2:
Xcitium’s products include components that are licensed or sublicensed under GPLv2. GPLv2 permits the user to use, copy,
modify, or redistribute modules. A copy of the GPLv2 license can be found in this Schedule 2. All open-source software
components are licensed free of charge. Xcitium does not provide a warranty for these components. For 3 years following your
purchase of the Product, Xcitium will provide, for a charge reflecting Xcitium’s distribution costs, the complete machine-readable
copy of the modified software modules that are covered by GPLv2. To obtain a complete machine-readable copy of the
corresponding source code on a medium customarily used for software interchange, please send your written request to:
opensourcesoftware@Xcitium.com and send a check in the amount of fifteen dollars ($15) US to:
ATTN: Accounting
Xcitium, Inc.
200 Broadacres Drive
Second Floor
Bloomfield, NJ 07003
United States
In your email and along with your check please include your name, address, telephone number, email address, the Xcitium product
name, and the specific open-source software components. Your request will be processed once Xcitium receives both your email
and your check.
You may copy and distribute verbatim copies of the source code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty, keep intact all the notices that
refer to GPLv2 and to the absence of any warranty, and give any other recipients of the program a copy of GPLv2 along with the
program.

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