What is the Pure Access Cloud End User License Agreement (EULA)?

ISONAS End User Software License Agreement

 This End User Software License Agreement (the "Agreement") relates to your purchase of Products and Software from ISONAS, Inc., a Colorado corporation. This Agreement is effective upon your use of the Products and is the exclusive agreement between you and ISONAS related to such Products. ISONAS reserves the right to update and change the Agreement, including any referenced policies and other documents, from time to time without notice or acceptance by You.

1. The products, including the Software (as defined below) that you have purchased from ISONAS herewith (the "Products") may consist, in part, of used or refurbished parts and components that meet new component specifications, which will be subject to the warranties set forth below. You have purchased the Products; however, the intellectual property included in the Products (including, without limitation, firmware and all updates thereto, including any software that may be downloaded electronically via the Internet or otherwise, the "Software") is licensed, not sold, to you. Subject only to the express license set forth below, all rights, title and interest to, and all applicable rights in patents, copyrights, trade secrets and/or any other proprietary information in the Products or any of its parts ("Intellectual Property") will remain vested in ISONAS. Subject to the terms of this Agreement, ISONAS hereby grants to you a personal, non-transferable, non-exclusive right to use the Software solely on the Products, solely in object code format, solely for your own use and only on the specific Products for which the Software is first provided or installed, except as otherwise herein provided. The Software may be copied, in whole or in part, subject to the proper inclusion of any and all copyright and proprietary notices, only as may be necessary for your use on such single specific unit of the Products and solely for archival and back-up purposes or to replace a worn or defective copy. Unless otherwise provided herein, the foregoing license will expire at such time as you discontinue use of the single unit of the Products on which the Software is first provided, but otherwise will be without restriction as to time.

2. You will not reverse compile, disassemble or otherwise reverse engineer, embed within any other software product, or modify in any manner with respect thereto, the Software in whole or in part. You agree and acknowledge that the Intellectual Property included in the Product is confidential and proprietary information. You will not disclose, provide or otherwise make available the Software or the Intellectual Property or any part or copies thereof to any person other than employees of yours who have a legitimate need therefore, without prior written consent of the manufacturer of the Product. You will take all appropriate actions by instruction, agreement or otherwise, with any persons permitted access to the Products, necessary to satisfy your obligations under this Agreement. All copies of the Software, whether provided by ISONAS or made by you as permitted by this Agreement, including without limitation, translations, compilations, or partial copies, are the property of the manufacturer of the product and may not be used or disclosed except as permitted by this Agreement. You also agree that the Intellectual Property will be treated as a trade secret.

3. Notwithstanding the foregoing, ISONAS will have the right to terminate your rights hereunder if you fail to comply with the terms and conditions of set forth herein, or fail to cure any breach of these terms within ten (10) days after receipt of written notice from ISONAS. You agree that upon expiration of your rights hereunder or upon notice of termination thereof, you will immediately return or destroy the Software and all portions and copies thereof as directed by ISONAS and, if requested, will certify in writing to ISONAS as to the destruction or return of the Software and all copies thereof.

4. The Products have been tested and found to comply with the limits of FCC Part 15 rules. These limits are designed to provide reasonable protection against harmful interference. However, there is no guarantee that interference will not occur in a particular installation. The Products generate and radiate radio frequency energy, and if not installed and used in accordance with the instructions and guidelines, may cause harmful interference to radio communication. Conversely, the Products utilize unlicensed radio frequencies that are subject to interference from other sources that may cause undesirable operation of the device. You understand and agree that the Product for which the Software is licensed uses radio communication technology that is subject to interference, which can cause radio communications disruptions. THEREFORE, YOU AGREE NOT TO RELY ON THE PRODUCTS OR THE SOFTWARE FOR COMMUNICATIONS IN CRITICAL, LIFE THREATENING, OR EMERGENCY SITUATIONS.

5. The Intellectual Property has been developed at private expense. Any end user that is a branch or agency of the United States Government or is otherwise subject to the Federal Acquisitions Regulations System acquires rights to the Software as a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. The Software is provided to the U.S. Government or controlled entity only as a commercial end item. Consistent with 48 C.F.R. 12.212 (and 48 C.F.R. 227.7202, if applicable), all U.S. Government users and controlled entities acquire the Software with only those limited rights set forth in Paragraph 1 above.

6. THE PRODUCTS AND SOFTWARE ARE WARRANTED TO PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR THE PRODUCTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY TO YOU; OTHERWISE, THE PRODUCTS AND SOFTWARE ARE STRICTLY PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND FROM ISONAS. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED BY THE MANUFACTURER.

7. General Data Protection Regulation (GDPR) Policy. The end user is responsible for entering personal information into the ISONAS Pure Access Cloud portal. This data can include name, credential, phone number and / or email. Please see your company security administrator responsible for entering data into the ISONAS Pure Access Cloud system for exact details regarding custom fields that the security administrator may have created. The data is stored securely in the ISONAS Cloud platform and only stored for the explicit purpose of use within the ISONAS Pure Access Cloud application. No data is shared, processed or exposed. Data is retained in backups for 12 months at which time it is purged from the system. Data access is restricted to administrators that require access to maintain the system. ISONAS is not responsible for the on premise version (Pure Access Manager) as it is provided with no data and installed or configured on the customer's premises. Pure Access Manager is under the customers exclusive control. By inputting data into the ISONAS system the customer agrees that upon separation or deletion of data, the data will: (1) Delete from the primary system immediately, (2) Remain in near line backups for up to but not to exceed 48 hours where it is only accessible by ISONAS administrators, and (3) Remain in off line backups for up to but not to exceed 12 months where it is only accessible by ISONAS administrators.

8. ISONAS is always working to improve our Products and Services. To do so, we measure, analyze, and aggregate how users interact with our Products, such as usage patterns and characteristics of our user base. We collect and use analytics data regarding the use of our Products as described in our Privacy Policy and this data is only used by ISONAS with the intent of improving our Products and Services. Tenants established in any location governed by the GDPR policy are, by default, not included in any analytics data capture. You can opt-out of analytics data capture by sending an email to [email protected].

9. You agree that the license, restrictions and confidentiality provisions set forth herein are made for the express benefit of ISONAS. ISONAS may revoke your license to use the Software if, in the sole discretion of ISONAS, you or your employees or agents materially breach any of these terms and conditions.

10. UNDER NO THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, WILL THE MANUFACTURER HAVE ANY LIABILITY TO YOU FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS THAT YOU PAID ISONAS FOR THE PRODUCTS YOU PURCHASED HEREWITH.

11. You will provide ISONAS all assistance and information necessary to enable ISONAS to determine that you and your company are in compliance with these terms and conditions.

12. This Agreement shall be governed by the laws of the State of Colorado, USA, without reference to its conflicts of law provisions.

ISONAS Terms and Conditions

General Data Protection Regulation (GDPR)