Additional special notes and conditions of Perseus Technologies GmbH for the "Intelligent Security" power module

The "Intelligent Security" performance module includes the use of software-based cyber security technology from Cylance Inc. (400 Spectrum Center Drive, Suite 900, Irvine, CA 92618, USA; hereinafter referred to as "Cylance") with "Endpoint Detection and Response" (EDR) functionality (hereinafter referred to as "Cylance security technology"). As far as a "membership" in the "Perseus Cyber Security Club" (PCSC) includes the "Intelligent Security" performance module, Perseus Technologies GmbH (hereinafter referred to as "Perseus") will provide the respective "member," to the extent necessary for the agreed use of Cylance security technology, a license from Cylance for the corresponding use of Cylance security technology in the IT infrastructure of the "member," in particular on terminal devices (PCs, notebooks, tablets, smartphones, etc.) integrated into and covered by the "membership" concerned.

Against this background, in addition to the "General Terms and Conditions for 'membership' in the 'Perseus Cyber Security Club' and related services' of Perseus (GTC), the following special provisions apply to the use of Cylance security technology as part of the "Intelligent Security" performance module. The respective (possibly future) "member" declares its agreement to be valid if it registers for a "membership" comprising the "Intelligent Security" module or, if offered by Perseus, for a separate addition or extension of its existing "membership" registered to that module.

1. Validity of Cylance EULA

The agreed use of Cylance security technology on the part of the "member" is subject to the provisions of the Cylance End User License Agreement ("EULA"). The latest version of the EULA is available via the link above and the corresponding link in the "Members Area."

By registering for a "membership" comprising the "Intelligent Security" performance module or for the inclusion of that performance module in an existing "membership," the relevant (future) "member" expressly declares that it agrees to the validity of the current version of the EULA at the time of the respective registration for the agreed use of Cylance security technology in its IT infrastructure and to use, operate and use, or have used, operate and have used the Cylance security technology only in accordance with the relevant provisions of the EULA. The relevant (future) "member" is required to read the EULA carefully. To the extent that provisions of the EULA contradict or deviate from those contained in Perseus' GTC, the specific provisions of the EULA shall take precedence over the relevant provisions in Perseus' GTC.

2. Information about location and extent of installation of Cylance security technology

To the extent that such installations are not performed by Perseus, itself, as part of the "membership" provision of services, the "member" shall, within 30 (thirty) days, comply with Perseus' specifications and requirements about locations and number installations of the Cylance security technology carried out on the part of the “member.”

3. Contact by Cylance

The "Member" agrees that Cylance is entitled to contact him directly from the beginning of the relevant "membership" comprising Cylance security technology or from the commencement of the agreed incorporation of the "Intelligent Security" performance module into the "membership" with respect to t Cylance security technology and its use and application on the part of the "member." Cylance shall be permitted to contact the “member” directly in the following cases:

  • Perseus will not be able to provide adequate support to the "member" regarding the Cylance Security Technology or to manage the security of the "member" end devices included in the "Intelligent Security" power module;

  • Cylance has a reasonable suspicion that Cylance's security technology is not being or will not be properly used by Perseus or the relevant "member;"

  • In response to a potential security incident that might affect one or more end devices on the part of the "member;"

  • In the event of any disruption in the Cylance security technology license chain from Cylance to the relevant “member;”

  • For the purpose of any agreed assumption of the services for the use, operation and use of the Cylance security technology by a third party designated by Cylance for this purpose (see section 5 below).

In addition, Cylance may remotely communicate directly with the Cylance security technology installed on the “member's” behalf for the following purposes in connection with the Cylance security technology:

  • for the purpose of verifying the data used to identify the "member" as an authorized user of the Cylance security technology;

  • for creating security reports and alerts, such as automatic support requests and alerts;

  • to provide support and maintenance services;

  • for the purpose of applying changes to the configuration and operating rules of Cylance Security Technology

  • to collect data and information about the usage and performance quality of Cylance security Technology, including the generation of event logs.

4. Passing "member" feedback on Cylance security technology on to Cylance

Perseus has the right to disclose any “member” feedback relating to Cylance Security Technology, in particular with respect to its use, operation and use, for free, ie, in particular, formally, content, time and spatially unlimited use by Cylance.

5. Assumption of benefits by Cylance or a third party appointed by Cylance for this purpose

In the event that the contractual relationship between Perseus and Cylance terminates, on the basis of which Perseus is entitled to integrate the Cylance security technology into its range of services, in particular into the "Intelligent Security" service module, and to broker a relevant license to the "member", prior to the agreement between Perseus and the "member" on the inclusion of Cylance security technology in the relevant "membership" being terminated, Cylance shall be entitled to appoint a third party service provider to provide the services necessary for the use, operation and agreed use of Cylance security technology as agreed with Perseus to the "member" concerned. For this purpose, Perseus shall be entitled to surrender to Cylance the necessary data and information relating to the affected "Member" and the agreed use, operation and agreed use of the Cylance security technology.

6. Protective effect of these regulations in favor of Cylance

As far as the Cylance security technology is concerned, Cylance shall be entitled to assert the rights to which Cylance is entitled on the basis of the above provisions, as well as the obligations which are thus incumbent upon the "members" concerned, directly with respect to the member concerned.

Stand: October 2019

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