eWitness
END USER LICENSE AGREEMENT (EULA)

1. This End User License Agreement (the "Agreement") is a legal agreement between you (the "User") and Unit 221B, a Delaware corporation with headquarters in Jersey City, New Jersey ("Unit 221B"), for the use of the eWitness service (the "Service"), which is a moderated portal that collects, stores and analyzes data from certain selected platforms. By using the Service, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use the Service.

2. Description of Service

The Service collects, stores and analyzes data from certain selected platforms, which is intended to preserve otherwise publicly posted information from these platforms for analysis by the computer security, research and threat intelligence community. The nature of the data collected, the platforms selected, and the channels retrieved are determined for the most part by the eWitness user community, although Unit 221B and other threat intelligence professionals may, in their sole discretion, add or remove channels or postings.

3. License Grant

Subject to the terms and conditions of this Agreement, Unit 221B hereby grants to the User a non-exclusive, non-transferable license to use the Service.

4. Restrictions on Use

The User shall not:

1. Use the Service for any illegal purpose;

2. Copy or reproduce the Service, in whole or in part;

3. Modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Service;

4. Sell, rent, lease, sublicense or otherwise transfer the Service to any third party;

5. Use the Service to harass, defame, abuse, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;

6. Use the Service to distribute viruses, worms, Trojan horses, corrupted files or other harmful code;

7. Interfere with or disrupt the Service or servers or networks connected to the Service;

8. Use the Service in any manner that could damage, disable, overburden, or impair Unit 221B's servers or networks, or interfere with any other party's use and enjoyment of the Service;

9. Use the copyright or trademark of Unit 221B or eWitness without permission;

10. Resell or redistribute data or reports collected by the Service without permission of Unit 221B;

11. Use the data collected by the Service for purposes other than cybersecurity, intelligence, or law enforcement purposes, which are defined broadly as the prevention, detection, investigation, or mitigation of threats to national security, public safety, or cybersecurity;

12. Misuse or disclose data accessed from the eWitness platform, and shall take reasonable measures to protect the privacy and security of such data.

5. Intellectual Property Rights

The Service and all intellectual property rights in and to the Service are owned by Unit221B or its licensors. The User acknowledges that the User has no right to have access to the Service in source code form.

6. Privacy Policy

The User acknowledges that Unit221B may collect, store, use and disclose information about the User in accordance with the eWitness Privacy Policy, which is available on the Service.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND UNIT 221B DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. UNIT 221B DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. UNIT 221B FURTHER DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE AVAILABLE AT ANY GIVEN TIME.

8. Limitation of Liability

UNIT 221B SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF UNIT221B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

The User shall indemnify, defend and hold Unit 221B harmless from any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from the User's breach of this Agreement or the User's use of the Service.

10. Termination

This Agreement shall remain in effect until terminated by either party. The User may terminate this Agreement at any time by ceasing to use the Service. Unit 221B may terminate this Agreement and the User's access to the Service at any time without notice or liability, for any reason or no reason, including without limitation, if Unit221B believes that the User has breached this Agreement or acted inconsistently with the spirit of this Agreement. Upon termination of this Agreement, the User shall immediately cease all use of the Service.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved exclusively through mandatory and binding arbitration under the rules of the American Arbitration Association, and the User hereby waives the right to participate in any class or representative action.

12. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, whether written or oral, relating to the subject matter hereof. This Agreement may not be amended or modified except in writing signed by both parties.

13. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Waiver

The failure of either party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

15. Acknowledgement

By using the Service, the User acknowledges that the User has read this Agreement, understands it, and agrees to be bound by its terms and conditions. The User also acknowledges that the User has a duty to protect any data the User accesses from the eWitness platform and to protect the privacy and security of such data.