License. Subject to this Agreement, Harmonic grants You a non-exclusive, non-transferable, non-sublicensable license during the Term, for Your Authorized Users and any AI agents You authorize, and in accordance with the Documentation, to access and use the Service — including by installing its browser extension, endpoint agent, MCP gateway, telemetry ingestion integrations and API components on systems You control — and to use, store and copy the Documentation, in each case for Your internal business purposes only or, where You are an individual accepting this Agreement for Your own use, for Your own personal or professional purposes only. You are responsible for the acts and omissions of Your Authorized Users.

Entitlements. For Subscription Use, the license in Section 1.1 is limited to the Subscription Term and to the tier, packages, modules, quantities and other entitlements set out in the Order, which You will not exceed. The Order is incorporated into this Agreement for those purposes only. For Trial Use, the license is limited to internal evaluation, is not for production use unless Harmonic agrees otherwise in writing, and may be limited, suspended or withdrawn at any time.

Accounts. You may be required to register an account. You will provide accurate, current and complete registration information and keep it updated, will not share Your credentials, and will notify Harmonic promptly of any unauthorized use of them or other breach of security. You are responsible for all activity under Your credentials. Harmonic may suspend or terminate an account registered using materially inaccurate information or a false identity.

Restrictions. You will not, and will not permit any Authorized User or other person to: (a) permit access to the Service by anyone other than an Authorized User; (b) modify, adapt or translate the Service; (c) sublicense, lease, rent, loan, distribute or otherwise transfer the Service or any rights in it; (d) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas, algorithms, structure or organization of the Service, except to the extent that restriction is prohibited by applicable law; or (e) use or copy the Service except as expressly permitted. No license or right in the Service is granted other than as expressly set out in this Agreement. You will ensure that Your Content does not infringe or misappropriate any third-party right, does not cause either party to violate any law, and contains no malicious code. Each party will comply with all laws applicable to its use of the Service.

Suspension. Harmonic may suspend Your access to the Service, and any support under Section 3, on advance written notice or, where there is an imminent security threat, as soon as reasonably practicable afterwards, if (a) Harmonic reasonably determines that there has been a material breach of Section 2.1, a security breach caused by You, or non-payment of fees due to Harmonic for the Service; or (b) as provided in Schedule A. Harmonic will consult with You and restore access promptly once the cause has been cured; if it is not cured, Harmonic may terminate under Section 9.

Security. Harmonic is responsible during the Term for hosting, maintaining and operating the Service. You are responsible for Your own devices, browser software and internet access, for changes to and deletions of Your Content, and for the security of Your credentials. Harmonic will maintain, directly or through its hosting sub-processors, administrative, physical and technical safeguards consistent with industry standards and designed to protect the security, confidentiality and integrity of the Service and Your Content, and may update them provided no update materially decreases the overall protection they afford. For Subscription Use, Harmonic will maintain, or ensure that the Harmonic group entity that hosts and operates the Service maintains, SOC 2 Type II, ISO/IEC 27001 or an equivalent or more protective certification throughout the Subscription Term. Audit reports, certifications and audit rights are governed by Section 9 (Audits) of the DPA (as defined in Section 4.3).

Monitoring; Notice and Consent. You acknowledge that the Service observes, records and analyzes interactions of Authorized Users and authorized AI agents with artificial intelligence systems and other external services, and that those interactions may include the use of personal accounts accessed through devices, browsers or systems You manage. You are solely responsible for determining the scope of that observation and analysis. Without limiting Your responsibilities under Section 11.2 of the DPA, You are also solely responsible for satisfying any obligation to notify or consult with Authorized Users, employee representatives, works councils or trade unions, in each case to the extent applicable to You, in respect of that observation and analysis.

Personal Data. Each party will comply with its obligations under the Data Processing Addendum at https://www.harmonic.security/r/dpa, as may be updated from time to time (the “DPA”), which is incorporated into this Agreement. No update to the DPA will materially reduce Harmonic’s obligations or materially degrade the protections afforded to Your Content or personal data. For the purposes of the DPA: (a) references to Harmonic Security, Inc. mean the Harmonic entity identified in the Glossary that is the contracting party under this Agreement; (b) references to Customer Content or Traffic Intercept Agent Data mean Your Content; and (c) references to deployment of the Traffic Intercept Agent mean such of the Service’s interaction control components as You elect to deploy.

Protected Health Information. The Processing (as defined in the DPA) of Protected Health Information (PHI) is governed by Sections 2.2 to 2.4 of the DPA and by the business associate agreement or business associate subcontractor agreement incorporated by reference into the DPA.

Harmonic Property. The Service, including all enhancements and improvements to it, the Operational Usage Data, Harmonic’s Confidential Information, the artificial intelligence and machine learning models used in the Service, and all intellectual property rights in each of them, are the exclusive property of Harmonic and its suppliers. All rights not expressly granted to You are reserved.

Your Content. You own all right, title and interest in Your Content and are solely responsible for its accuracy, quality and legality. You will obtain all third-party licenses, consents and permissions needed for Harmonic to use Your Content to provide and support the Service. You grant Harmonic a non-exclusive, worldwide, royalty-free, fully paid license during the Term to use Your Content as necessary to provide, operate, support and secure the Service, subject to Sections 4.3, 5.3 and 5.6. All rights not expressly granted are reserved by You.

No Training on Your Content. Harmonic will not use Your Content or Your Confidential Information to train, fine-tune or otherwise modify the weights, parameters or training corpus of any artificial intelligence or machine learning model, whether directly or through any third party or licensor.

Operational Usage Data. As between the parties, all right, title and interest in the Operational Usage Data belong to and are retained solely by Harmonic, and Harmonic may compile and use it to operate, support, secure and improve the Service.

Feedback. You assign to Harmonic any suggestions, ideas, enhancement requests, feedback and recommendations relating to the Service (“Feedback”), provided the assignment does not extend to Your Confidential Information, Your Content or personal data and is made as-is without warranty. Nothing in this Section prevents Harmonic from receiving, reviewing and acting on Feedback that references or contains Your Confidential Information, Your Content or personal data in order to provide, support and correct the Service; the DPA governs any personal data processed in doing so.

Aggregated Data. Harmonic may use data derived from Your Content, the Operational Usage Data or Your use of the Service in aggregated and anonymized form only, such that no organization, Authorized User or individual is identified or reasonably identifiable and the data cannot be reverse-engineered to identify You or Your Confidential Information, to develop, publish and distribute industry research, reports, benchmarks and thought-leadership materials.

Mutual Representations. Each party represents and warrants that this Agreement has been duly accepted in accordance with its preamble and is enforceable against the accepting party, that no third-party authorization is required for its acceptance or performance, that its acceptance and performance do not violate any law or other agreement binding on it, that it will comply with all applicable laws in connection with this Agreement, and that the individual accepting this Agreement or placing an Order on its behalf is authorized to bind the party for which they act.

Disclaimer. EXCEPT FOR THE REPRESENTATIONS IN SECTION 6.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND HARMONIC MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICE, ITS OUTPUTS OR ANY THIRD-PARTY SOFTWARE IT USES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARMONIC DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN PARTICULAR, HARMONIC DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT ANY OUTPUT WILL BE ACCURATE, FIT FOR ANY PURPOSE, OWNED BY YOU OR FREE OF THIRD-PARTY RIGHTS.

Nature of the Service. The Service relies on automated analysis, third-party systems, the policies You configure and information available at the time of analysis. It will not detect or prevent every instance of sensitive data exposure, security event, policy violation or other risk, does not replace human judgment or professional advice, and is intended to supplement rather than replace Your own security controls, policies, monitoring and risk management. You are responsible for reviewing any output before relying on it and use outputs at Your own risk.

No Indemnification by Harmonic. Harmonic provides no indemnity under this Agreement, including for any claim that the Service infringes or misappropriates the rights of any third party. If You require an indemnity, You must enter into a Subscription Agreement with Harmonic.

Indemnification by You. You will indemnify, defend and hold harmless Harmonic, its affiliates and their personnel against any third-party claim, and all resulting liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees), arising out of (a) any allegation that Your Content infringes or misappropriates a third party’s intellectual property rights, (b) Your breach of Section 2.1, or (c) Your failure to satisfy the requirements described in Section 4.2. Harmonic will promptly notify You of the claim, You will control its defense and settlement, and Harmonic will reasonably cooperate at Your expense. You will not settle in a way that imposes any obligation or admission on Harmonic without its prior written consent.

Exclusion of Indirect Damages. EXCEPT AS PROVIDED IN SECTION 7.3, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.

Aggregate Cap. EXCEPT AS PROVIDED IN SECTION 7.3, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED (A) FOR SUBSCRIPTION USE, THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM, WHETHER PAID TO A RESELLER OR TO HARMONIC, OR (B) FOR TRIAL USE, ONE THOUSAND UNITED STATES DOLLARS (US$1,000). YOU WILL PROVIDE THE ORDER AND RELEVANT INVOICES TO EVIDENCE FEES PAID TO A RESELLER; ABSENT THAT EVIDENCE, THE CAP IN CLAUSE (A) IS THE AMOUNT HARMONIC RECEIVED FROM THE RESELLER FOR YOUR ACCESS IN THAT PERIOD.

Exclusions. Sections 7.1 and 7.2 do not apply to a party’s fraud, gross negligence or willful misconduct; death or personal injury caused by a party’s gross negligence; Your obligations under Section 6.5; Your breach of Section 2.1 or misappropriation of Harmonic’s intellectual property; or any liability that cannot be excluded or limited under applicable law. The limitations in this Section form an essential basis of the bargain and survive any failure of an exclusive remedy.

Term. For Subscription Use, this Agreement commences on Your acceptance and continues for the Subscription Term and any subsequent Subscription Term purchased under a further Order. For Trial Use, it continues for as long as Harmonic provides You access to the Service. In each case it continues unless earlier terminated (the “Term”). The “Effective Date” is the earlier of the date You first access the Service and the date Harmonic first processes any of Your Content, and is the Effective Date for the purposes of the DPA.

Termination. For Trial Use, either party may terminate at any time, with or without notice. For Subscription Use, either party may terminate immediately on written notice if the other materially breaches this Agreement and the breach is incapable of remedy or remains uncured more than thirty (30) days after notice of it, or if the other becomes subject to a bankruptcy or other insolvency proceeding; and Harmonic may terminate as provided in Schedule A. Harmonic has no obligation to refund any amount on termination, and any claim for a refund of fees paid to a Reseller lies against that Reseller.

Effect of Termination. On expiration or termination, all licenses terminate and You will cease all use of the Service; each party will delete or destroy the other’s Confidential Information; for Subscription Use, You will have thirty (30) days following termination to export Your Content; and Harmonic will delete Your Content within thirty (30) days following termination, in accordance with Section 10 (Return and Deletion) of the DPA, except that Your Content contained in back-ups will be deleted in accordance with Harmonic’s scheduled back-up deletion routines and will be put beyond use pending that deletion. The Glossary and Sections 2.1, 4.2, 4.3, 5, 6, 7, 8, 9.3 and 10, and any provision that by its nature is intended to survive, will survive.

Changes to this Agreement. Harmonic may post updated versions of this Agreement at the URL at which it is published. For Subscription Use, the version posted as at the start of the then-current Subscription Term governs that Subscription Term and no later version applies to it. For Trial Use, an updated version takes effect on posting and Your continued use constitutes acceptance. Harmonic will retain superseded versions and make them available on request. No other amendment or waiver is effective unless in a writing signed by authorized representatives of each party, except that the DPA may be updated as provided in Section 4.3.

Notices. Notices must be in writing and may be delivered by email (return receipt requested) or by courier or nationally recognized express-mail service, and are effective on receipt or refusal of delivery. Notices to You may be sent to the address or email address associated with Your account or stated in the Order. Notices to Harmonic must be sent to the address for the applicable Harmonic entity in the Glossary, copied by email to legal@harmonic.security.

Assignment. You may not assign this Agreement without Harmonic’s prior written consent, except that You may assign it in its entirety, without consent, to an affiliate or to a successor in a merger, acquisition, reorganization or sale of all or substantially all of Your assets, provided the assignee’s entitlements remain those set out in the Order. Any other purported assignment is null and void.

Governing Law. Where Harmonic Security, Inc. is the contracting party, this Agreement is governed by the laws of the State of California and the parties submit to the personal jurisdiction of the state and federal courts in San Francisco County, California. Where Harmonic Security Limited is the contracting party, it is governed by the laws of England and the parties submit to the personal jurisdiction of the courts in London, England. Conflict of laws principles are excluded in each case, and all communications and disputes will be in English.

No Third-Party Beneficiaries. This Agreement is between You and Harmonic only. No Reseller or other third party is a party to or beneficiary of it or may enforce it.

Entire Agreement. This Agreement, together with the DPA and the entitlements incorporated under Section 1.2, is the entire agreement between the parties on its subject matter and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral, other than any Subscription Agreement described in the preamble, which governs and controls. Nothing in this Section affects the formation or enforceability of the DPA or any business associate agreement or business associate subcontractor agreement.

Other. The parties are independent contractors. You will not assist with or participate in any export or re-export of the Service or Documentation in violation of applicable law. If any provision is held invalid or unenforceable, it will be deemed modified to the least extent necessary to be valid and enforceable and the remaining provisions will be unaffected.

Consumers. If You are an individual who accepts this Agreement for Your own use and who is a consumer under applicable law, nothing in this Agreement excludes, restricts or varies any right or remedy You have under mandatory consumer protection law that cannot lawfully be excluded, restricted or varied, and Sections 6.2, 6.5, 7.1, 7.2, 10.1 and 10.4 apply to You only to the extent permitted by that law.