1. Agreement
This Software License Agreement (the “Agreement”) governs your access to and use of software, container images, documentation, updates, and related materials made available by Ghost Security, Inc. (“Ghost Security,” “we,” “us,” or “our”) for installation or operation on infrastructure controlled by you or your organization (collectively, the “Software”).
By downloading, installing, accessing, or using the Software, or by accepting an order form or other written agreement that references this Agreement, you agree to be bound by this Agreement. If you are using the Software on behalf of an organization, you represent that you have authority to bind that organization to this Agreement.
If you and Ghost Security have entered into a separate written agreement that expressly governs the Software, that separate agreement controls to the extent of any conflict.
2. License Grant
Subject to your compliance with this Agreement and payment of any applicable fees, Ghost Security grants you a limited, non-exclusive, non-transferable, non-sublicensable license during the applicable subscription term to install and use the Software on customer-controlled infrastructure solely for your internal business purposes.
Your permitted scope of use, including any usage limits, environments, users, workloads, features, support level, subscription term, or other entitlements, may be specified in an applicable order form, quote, purchase document, or written agreement between you and Ghost Security.
All rights not expressly granted in this Agreement are reserved by Ghost Security and its licensors.
3. Self-Hosted Deployment
The Software is provided for self-hosted deployment. You are responsible for provisioning, securing, monitoring, maintaining, and backing up the infrastructure, networks, systems, credentials, configurations, logs, and data used with the Software.
You are responsible for installing updates, patches, and configuration changes made available by Ghost Security, unless a separate written agreement states otherwise. Ghost Security is not responsible for your environment, third-party infrastructure, or failures caused by your deployment, configuration, integrations, modifications, or failure to follow documentation.
4. Restrictions
Except as expressly permitted by this Agreement or applicable law, you may not:
- Copy, modify, adapt, translate, or create derivative works of the Software;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of the Software;
- Rent, lease, lend, sell, sublicense, distribute, provide, or otherwise make the Software available to any third party;
- Use the Software to provide outsourced, service bureau, managed security, or time-sharing services for third parties, unless expressly authorized in writing by Ghost Security;
- Remove, alter, or obscure any proprietary notices, labels, or marks in the Software;
- Bypass or interfere with any license key, access control, usage limit, telemetry, or security feature of the Software; or
- Use the Software in violation of applicable law, this Agreement, documentation, or any applicable third-party terms.
5. Orders, Fees & Taxes
Fees, payment terms, subscription terms, renewals, usage limits, and other commercial terms are governed by the applicable order form, quote, invoice, purchase document, or other written agreement between you and Ghost Security.
Unless otherwise stated in writing, fees are non-refundable and exclude taxes, duties, levies, and similar governmental assessments. You are responsible for taxes associated with your purchase, other than taxes based on Ghost Security's net income.
6. Support & Updates
Ghost Security may provide support, updates, patches, fixes, enhancements, or new versions for the Software as described in an applicable order form, support policy, documentation, or other written agreement.
Updates may modify, replace, or remove features. Unless otherwise stated, updates are part of the Software and are governed by this Agreement. You are responsible for testing and applying updates in your self-hosted environment.
7. Customer Data & Security
As between you and Ghost Security, you retain ownership of data, content, logs, configurations, and materials that you submit to or process through the Software in your environment (“Customer Data”).
You are responsible for the accuracy, legality, security, retention, and backup of Customer Data, and for obtaining any rights, permissions, and notices required to process Customer Data with the Software.
Unless otherwise agreed in writing, Ghost Security does not host or control your self-hosted environment and is not responsible for Customer Data stored or processed there.
8. Third-Party Components
The Software may include, depend on, or interoperate with third-party software, open-source software, container registries, cloud services, security tools, data sources, APIs, and other third-party products or services.
Third-party and open-source components may be subject to separate terms, licenses, notices, or usage restrictions. Your use of third-party products and services is at your own risk and is governed by the applicable third-party terms.
9. Ownership
Ghost Security and its licensors own all right, title, and interest in and to the Software, documentation, technology, trademarks, and related intellectual property, including all improvements, enhancements, modifications, and derivative works.
As between you and Ghost Security, you retain ownership of Customer Data and customer-specific agents, workflows, automations, playbooks, configurations, policies, scripts, integrations, prompts, templates, and similar materials developed specifically for you, whether developed by you, by Ghost Security for you, or in collaboration with you, except to the extent otherwise stated in a separate written agreement.
Customer-specific materials do not include the Software, documentation, Ghost Security's pre-existing materials, platform components, libraries, connectors, generic templates, generalized know-how, tools, techniques, or materials that are independently developed by Ghost Security without use of your Customer Data or confidential information.
You grant Ghost Security a limited license to access, use, reproduce, modify, and process customer-specific materials as necessary to provide, support, maintain, secure, and improve the Software and related services for you.
You may provide feedback, suggestions, or ideas about the Software. Ghost Security may use that feedback without restriction or obligation to you.
10. Confidentiality
The Software, documentation, license keys, non-public product information, pricing, security information, and related materials may constitute Ghost Security confidential information. You agree to use reasonable care to protect such information and to use it only as permitted by this Agreement.
Confidentiality obligations do not apply to information that is publicly available without breach of this Agreement, already known without restriction, independently developed without use of confidential information, or rightfully received from a third party without a duty of confidentiality.
11. Compliance
You are responsible for using the Software in compliance with all applicable laws, regulations, and industry obligations, including privacy, data protection, security, employment, export control, sanctions, and procurement laws.
You may not use, export, re-export, or transfer the Software in violation of applicable export control or sanctions laws, or for prohibited end uses.
12. Term & Termination
This Agreement applies for the subscription term or other period specified in the applicable order form or written agreement. If no term is specified, this Agreement continues until terminated by either party as permitted by law or written agreement.
Ghost Security may suspend or terminate your license if you materially breach this Agreement and fail to cure the breach within a reasonable period after notice. Upon expiration or termination, you must stop using the Software and delete or return copies in your possession or control, except as otherwise required by law or agreed in writing.
Sections that by their nature should survive expiration or termination will survive, including restrictions, payment obligations, ownership, confidentiality, disclaimers, limitations of liability, indemnification, compliance, governing law, and contact provisions.
13. Disclaimers
THE SOFTWARE, DOCUMENTATION, SUPPORT, AND RELATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, GHOST SECURITY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Ghost Security does not warrant that the Software will be uninterrupted, error-free, secure, compatible with your environment, or that it will detect, prevent, or remediate all security issues. You are responsible for evaluating whether the Software, configuration, and deployment are appropriate for your requirements.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GHOST SECURITY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE.
IN NO EVENT WILL GHOST SECURITY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO GHOST SECURITY FOR THE SOFTWARE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100) IF NO AMOUNTS WERE PAID. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
15. Indemnification
You agree to defend, indemnify, and hold harmless Ghost Security and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your deployment or use of the Software, Customer Data, your environment, your violation of this Agreement, or your violation of applicable law.
16. Changes to This Agreement
We may revise this Agreement from time to time in our sole discretion. When we do, we will update the “Effective date” shown above. Changes are effective when posted or otherwise made available, and material changes may be communicated through additional notice where appropriate.
Your continued use of the Software after any changes take effect constitutes your acceptance of the revised Agreement. If you do not agree to the revised Agreement, you should stop using the Software.
17. Governing Law
This Agreement and any dispute arising out of or relating to it or the Software are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any such dispute.
18. Contact
If you have any questions about this Agreement, please contact us at the address below.
Ghost Security, Inc.
Email: legal@ghostsecurity.ai