END USER LICENSE AND SERVICES AGREEMENT:
Supplemental Terms – Mobile Security App
These Supplemental Terms (“Supplemental Terms”), along with Imperva’s EULA (defined below), are a legal agreement between the end user customer of the Imperva Product (“You”, “Your”) and Imperva, Inc. (“Imperva”). Imperva is willing to license the Security Mobile App (“App”) to You on the condition that You accept and comply with the terms contained in the EULA as modified by these Supplemental Terms (together with the EULA, the “Agreement”). To the extent of any conflict between the terms of these Supplemental Terms and the EULA, the Supplemental Terms will apply to the App. Except as set forth in these Supplemental Terms, the terms of the EULA remain in full force and effect. Capitalized terms not otherwise defined in these Supplemental Terms will have the mean defined in the EULA.
Your use, duplication, modification, installation, or access of the App constitutes agreement and acceptance of the Agreement.
1. Definitions. For the purposes of these Supplemental Terms
a. “EULA” means the Imperva End User License and Services Agreement, as amended from time to time, currently located at: https://www.imperva.com/legal/license-agreement/.
b. “Products” will have the meaning defined in the EULA, butt all references to “Products” will be deemed to also include the App.
c. “Software” will have the meaning defined in the EULA, but all references in the Agreement to “Software” will be deemed to also include the App.
2. Licenses and Restrictions.
a. Software. Conditioned on End User’s compliance with the terms and conditions of the Agreement, Imperva grants End User a nonexclusive, nontransferable, nonsublicensable, revocable license to use the Software, in accordance with its corresponding Documentation, solely for End User’s internal business purposes. All restrictions in the EULA remain in full force and effect.
3. Services
a. Support. Provided End User has an effective and fully paid contract (or other entitlement) for Support for all Software and Appliances that form the relevant environment, Imperva shall provide Support in accordance with its standard Support terms then in effect as set out in the Customer Support Guide. For the App, contact mobileappsupport@imperva.com.
4. Term and Termination.
a. The term of this Agreement shall commence upon the Effective Date and shall continue in effect for such time as End User continues to have the right to access the Software.
5. General.
a. Entire Agreement. These Supplemental Terms, along with the EULA, set forth the entire agreement between You and Imperva with respect to the subject matter defined herein and supersedes any and all prior agreements or understandings between the parties about the specific subject matter of these Supplemental Terms. Except as expressly set forth in these Supplemental Terms, the Agreement is unmodified and in full force and effect. These Supplemental Terms may not be modified except by a written instrument duly signed by authorized representatives of each party and no course of dealing or usage of trade may be invoked to modify these Supplemental Terms.
b. App Store Notice.
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Software through specific devices:
i. Notice regarding Apple AppStore.
By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
• These Terms between Imperva and You; Apple is not a party to these Terms.
• The license granted to You hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Software on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
• Apple is not responsible for the Software or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
• In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software.
• Apple is not responsible for addressing any claims by You or a third party relating to the Software or your possession or use of the Software, including without limitation (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Software or your possession and use of the Software infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
• You represent and warrant that (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third party beneficiaries of these Terms and upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary hereof.
• Imperva expressly authorizes use of the Software by multiple users through the Family Sharing or any similar functionality provided by Apple.
ii. Notice regarding Google Play.
By downloading the Software from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), You specifically acknowledge and agree that:
• to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Software that you download from Google Play, and
• You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Imperva or You (or any other user) under these Terms or the Google Play Terms.
[Version 7 December 2020]
