Terms and Conditions

Wordfence Intelligence is provided by Defiant, Inc. (“Company”). These Terms and Conditions govern the use of the Wordfence Intelligence by you and are incorporated into and made part of the Wordfence Terms of Service, available at https://www.wordfence.com/terms-of-service/ (collectively the “Agreement”). As used in these Terms and Conditions, the terms “you” and “your” have the meaning set forth in the Wordfence Terms of Service.

To the extent that these Terms and Conditions conflict with any of the terms of the Wordfence Terms of Service, the terms of these Terms and Conditions shall supersede the Wordfence Terms of Service.

1. Company Service. Wordfence Intelligence is a database of software vulnerability information and Application Programming Interface (“API”) further described and made available at https://www.wordfence.com/threat-intel/. For the purposes of this Agreement, “Service” means the Wordfence Intelligence database, the software vulnerability information made available through the database, and the Wordfence Intelligence API. For the purposes of this Agreement; and “Third-Party Materials” means all materials and information in any form or medium, software, documents, data, content, specifications, or components of or relating to the Services, that are not proprietary to Company.

WORDFENCE INTELLIGENCE IS OFFERED AT NO FEE.

2. Grant of Rights.

(a) License Grants. Subject to this Agreement, Company hereby grants you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Service.  Any copy you make for such purposes is authorized provided that you reproduce Company’s copyright designation, this license, and the license of any disclosed Company licensor in any such copy.

(b) Use Restrictions. You shall not use the Services for any purposes beyond the scope of the license granted in this Agreement. Except as otherwise expressly set forth in this Agreement, you shall not at any time, directly or indirectly use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

(c) No Implied Rights. Company reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third-party any IP rights or other right, title, or interest in or to any of the Service. All uses in this Agreement of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price,” and the like mean the grant of a license and shall not be deemed a sale of any copy of or rights in the Service or other Service in the case of you, under this Agreement. Nothing in this Agreement grants or conveys, or permits you to grant or convey, any ownership right in any of the Service or Third-Party Materials, or any article or copy thereof or IP rights therein.

3. Intellectual Property Ownership. All right, title, and interest in and to the Service and Third-Party Materials, including all intellectual property rights therein, are and will remain, respectively, with Company and the rights holders in the Third-Party Materials. You have no right or license to the Service or Third-Party Materials except as expressly licensed under this Agreement or the applicable third-party license, and subject to the requirements and restrictions set forth in this Agreement.

4. Miscellaneous

(a) Compliance with Laws and Export Control. You agree to comply with U.S., foreign, and international laws and regulations, including without limitation the U.S. Foreign Corrupt Practices Act, U.K. Bribery Act, other anti-corruption laws, U.S. Export Administration and Treasury Department’s Office of Foreign Assets Control regulations, and other anti-boycott and import regulations. you represent and warrant that you are neither a Prohibited Person nor owned or controlled by a Prohibited Person. “Prohibited Persons” shall mean a person or entity appearing on the lists published by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury or any other list that may be published by the U.S. Government, as amended from time to time, that is prohibited from acquiring ownership or control of items under this Agreement, or with which Company is prohibited from doing business.

(b) Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

(c) Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Company and you relating to the subject matter and supersedes all earlier agreements, understandings, proposals, discussions, negotiations, representations and warranties, both written and oral, regarding the subject matter.