This Amendment (“Amendment”) to the Cylance End User License Agreement (“Agreement”) is entered into by and between Cylance Inc. (“Cylance”, “we”, “us” or “our”) and you, the person accepting this Amendment and registering for use of our proprietary software product (as defined in further detail below, the “Software”), or the organization or entity that has authorized you to accept this Amendment and register for access to the Software for its benefit (in either case “you”, “your” or “Client”), and governs your access to and use of the Software, as a web-based hosted service made available by us (the “Service”), and as may be downloaded by you. Unless expressly stated to the contrary herein, all capitalized terms in this Amendment shall have the meaning ascribed to them in the Agreement for the applicable Software or Service.
BY EXECUTING THIS AMENDMENT, OR REGISTERING FOR, DOWNLOADING, ACCESSING OR USING THE SOFTWARE OR SERVICE, YOU CONFIRM THAT (1) YOU HAVE READ THIS AMENDMENT, (2) YOU AND ANY ORGANIZATION OR ENTITY ON WHOSE BEHALF YOU ARE ENTERING IN TO THIS AMENDMENT AND/OR USING THE SOFTWARE AND/OR SERVICE, ACCEPT THE TERMS OF THIS AMENDMENT, AND (3) IF YOU ARE AN INDIVIDUAL, THAT YOU ARE AN EMPLOYEE OR AGENT OF THE ORGANIZATION OR ENTITY ON WHOSE BEHALF YOU ARE ACTING, AND HAVE THE AUTHORITY TO ENTER INTO THIS AMENDMENT ON BEHALF OF SUCH ORGANIZATION OR ENTITY.
This Amendment includes the Agreement and the written ordering document issued to you by Cylance or an authorized Cylance distributor or reseller that identifies the Software licensed to you as CylanceGUARD. CylanceGUARD includes the proprietary software and services of a third-party software vendor, Critical Start. Cylance and Client hereby agree to amend the Agreement as follows:
The following clause shall be added as a new Section 11.10 of the Agreement:
11.10 Third Party Beneficiary. You acknowledge and agree that Critical Start, a third party software licensor, its subsidiaries and licensors, are intended third party beneficiaries of the Agreement with full power and authority to enforce the terms and conditions therein, and that, upon your acceptance of the terms and conditions of this Agreement, Critical Start as a software licensor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Except as set forth in this Amendment, all other terms and conditions of the Agreement continue in full force and effect in accordance with its terms. If there is any conflict between this Amendment and the Agreement, the terms of this Amendment shall prevail.