CrowdStrike Store Terms of Use

 

YOU AND ANY COMPANY OR  ENTITY THAT YOU ARE ACTING FOR (“STORE USER” OR “YOU” OR “YOUR”) ACCEPTS THESE CROWDSTRIKE STORE TERMS OF USE (THE “TERMS”) BY USING THE CROWDSTRIKE STORE (https://falcon.crowdstrike.com/store/). YOU REPRESENT THAT YOU: (1) ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS; AND (2) HAVE FULL AUTHORITY TO BIND THE STORE USER TO THESE TERMS. THESE TERMS ARE A BINDING CONTRACT BETWEEN STORE USER AND CROWDSTRIKE, INC., A DELAWARE CORPORATION, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES PERFORMING HEREUNDER (COLLECTIVELY, “CROWDSTRIKE”).  IF YOU DO NOT HAVE THIS AUTHORITY, OR YOU DO NOT AGREE TO, OR CANNOT COMPLY WITH, ALL THE TERMS, THEN YOU MAY NOT USE THE CROWDSTRIKE STORE.

CUSTOMERS: IF YOU ARE ALSO A CROWDSTRIKE CUSTOMER THE USE OF THE STORE IS GOVERNED BY THESE TERMS ALONE AND NO OTHER AGREEMENT CROWDSTRIKE HAS WITH YOU APPLIES.  THE SUBJECT MATTER OF THESE TERMS IS WHOLLY SEPARATE FROM, AND THESE TERMS DO NOT GOVERN, YOUR USE OF THE CROWDSTRIKE OFFERINGS, INCLUDING ANY CROWDSTRIKE OFFERINGS  THAT YOU MAY TRY, USE OR BUY FROM THE STORE. YOUR USE OF THE STORE IS OPTIONAL, AND IN NO WAY REQUIRED IN CONNECTION WITH THE USE OF ANY CROWDSTRIKE OFFERINGS.  USE OF THE CROWDSTRIKE OFFERINGS  ARE GOVERNED BY THE CROWDSTRIKE TERMS AND CONDITIONS UNLESS YOU HAVE ANOTHER VALID AGREEMENT WITH CROWDSTRIKE FOR THE PURCHASE AND USE OF CROWDSTRIKE OFFERINGS.

STORE “PARTNERS” AKA STORE CONTRIBUTORS:  IF YOU ARE A STORE CONTRIBUTOR OR OTHER THIRD PARTY THAT IS NOT ACTING AS A STORE CUSTOMER THE USE OF THE CROWDSTRIKE STORE IS GOVERNED BY THESE TERMS UNLESS YOU HAVE A SEPARATE VALID AGREEMENT THAT EXPRESSLY COVERS THE USE OF THE CROWDSTRIKE STORE IN WHICH CASE THESE TERMS APPLY TO THE EXTENT NOT SUPERSEDED BY THE SEPARATE VALID AGREEMENT.

1. Updating the Terms. We may revise and update these Terms from time to time in our sole discretion. Your continued use of the Store following the posting of revised Terms means that you accept and agree to the changes.  When accepted by you, the revised Terms automatically supersede the prior version. New Terms apply prospectively only.

2. Definitions

2.1 “Affiliate” means any entity that a party directly or indirectly controls (e.g., subsidiary) or is controlled by (e.g., parent), or with which it is under common control (e.g., sibling).

2.2 “CrowdStrike Store” or “Store” means the web pages and online marketplace located at https://falcon.crowdstrike.com/store/ or any other webpage, application, interface, service or in-product experience at which CrowdStrike makes available or lists various CrowdStrike Offerings and/or Store Contributor Products and information.

2.3 “CrowdStrike Offerings” means any of: (i) CrowdStrike’s cloud-based software or other products, the available accompanying API’s, CrowdStrike data, CrowdStrike content, and any documentation and any updates or upgrades thereto that may be made available from time to time by CrowdStrike, (ii) product-related services provided by CrowdStrike, including but not limited to technical support, training, managed services, threat hunting, intelligence analysts, and any other services provided or sold with CrowdStrike products, and (iii) professional services performed by CrowdStrike, including but not limited to, incident response, investigation and forensic services related to cyber-security adversaries, tabletop exercises, and next generation penetration tests related to cyber-security.

2.4 “CrowdStrike Offering Data” means data from the CrowdStrike Offerings, including data collected from or provided by Store User as a Customer of CrowdStrike and CrowdStrike’s proprietary data generated by or available through the CrowdStrike Offerings.

2.5 “CrowdStrike Offering Feature” means any feature, functionality or capability available in a CrowdStrike Offering that Customer, CrowdStrike or a Store Contributor may leverage in connection with a Store Contributor Product, including without limitation (i) the Falcon Real Time Response Feature (“RTR”), which  allows permissioned parties to take actions on endpoints in a Customer’s environment through the Falcon Console, including but not limited to, executing scripts and executables, deleting files, terminating processes, and deleting or modifying Windows registry keys and values and (ii) the Falcon Software Management Feature, which allows CrowdStrike to deploy and update third-party software on a Customer’s endpoints, using RTR.

2.6 “Store Contributor(s)” means a third party, including in some cases a CrowdStrike customer, (i) with products or services that integrate with CrowdStrike Offerings or (ii) that makes products,  services and/or information about itself and its products and services available in the Store or to CrowdStrike Store Users.

2.7 “Store Contributor Products” means Store Contributor’s products and services, including but not limited to applications, application programming interfaces, and any updates, upgrades, or new versions that you later use, access or download.

3. CrowdStrike Store.

3.1 Description. The CrowdStrike Store may make available: (i) CrowdStrike Offerings, (ii) Store Contributor Products and integrations with Store Contributor Products, (iii) listings, descriptions, specifications, and other information and documentation (“Materials”) about the CrowdStrike Offerings and/or Store Contributor Products; and (iv) areas to interact with, link to, or connect with CrowdStrike, Store Contributors or other Store users, such as message boards, chat rooms, forums, bulletin boards, training modules, user ratings, user reviews, and other related interactive and social features.

3.2 Licensing; Fees; and Support. Your use of Store Contributor Products is governed by the terms and conditions of an agreement between you and the Store Contributor (“Store Contributor Agreement”). Your use of the CrowdStrike Offerings are governed by the CrowdStrike Terms and Conditions unless you have another valid agreement for the purchase and use of CrowdStrike products and services with CrowdStrike (the “CS Offering Terms”). CrowdStrike may make CrowdStrike Offerings and/or Store Contributor Products available via the Store at no charge or for a fee. You may also be charged separately by the Store Contributor for use of the Store Contributor Products. Store Contributor Products may come with no support and maintenance or may have varying levels of support and maintenance provided by the Store Contributor pursuant the Store Contributor Terms. CrowdStrike has no responsibility for providing support and maintenance with respect to any Store Contributor Products.

3.3 User Accounts. Store User is liable and responsible for all actions and omissions occurring under its user account(s) for the Store. Store User shall notify CrowdStrike if it learns of any unauthorized access or use of Store User’s accounts or passwords for the Store.

3.4 Availability. CrowdStrike shall not be liable if, for any reason, all or any part of the Store, including but not limited to, any CrowdStrike Offerings or Store Contributor Products are unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Store, including any CrowdStrike Offering or Store Contributor Products to certain Store Users.

3.5 Ownership. Except for the rights explicitly granted to you in the: (i) CS Offering Terms with respect to the CrowdStrike Offerings, or (ii) Store Contributor Agreement with respect to the Store Contributor Products, all right, title and interest in the Store, the CrowdStrike Offerings and the Store Contributor Products, are reserved and retained by their respective providers. You do not acquire any ownership rights in the Store, the CrowdStrike Offerings, or the Store Contributor Products merely as a result of using the Store.

3.6 Feedback. Any feedback, comments, suggestions, communications, or requests for improvements or enhancements relating to the Store and the CrowdStrike Offerings (collectively “Feedback”) may be used by CrowdStrike for any purpose without acknowledgement or compensation and CrowdStrike shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose such Feedback

3.7 Reviews and Comments. Reviews and Comments. The Store may allow you to post reviews of CrowdStrike Offerings and Store Contributor Products that you have used, and to post comments on reviews. Reviews and comments that you post will be under your name. If you do not want your name to appear with any reviews or comments, do not post them on the Store. To be useful to other users, your reviews and comments posted on the Store must be made in good faith after reasonable evaluation of the applicable CrowdStrike Offering or Store Contributor Product. If you do post reviews or comments, you grant CrowdStrike a nonexclusive, royalty- free, fully paid up, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You must disclose your affiliation if you post a review or comment about your own product or a competitor’s product. We may, but are under no obligation to, monitor or moderate reviews or comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third‐party users and CrowdStrike disclaims any and all liability relating thereto. CrowdStrike reserves the right to remove reviews and comments that are prohibited under, or violate, these Terms.

3.8 Website Links. The Store provides certain links to third party and Store Contributor websites and pages for your convenience only. CrowdStrike has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third‑party websites linked to the Store, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites. CrowdStrike’s inclusion of links to third party websites or pages does not constitute an endorsement of such third parties, their products or services.

4. Prohibited Uses.

4.1 No Illegal, Harmful, or Offensive Use or Content. Store User shall not access, use, or authorize, encourage, promote, facilitate or help others to use, the Store for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include: (i) any activities that are illegal, that violate the rights of others, or that can be harmful to others, CrowdStrike’s operations or reputation, (ii) content that infringes or misappropriates the intellectual property or proprietary rights of others, (iii) content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, (iv) content or other computer technology or software that is designed to damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data without the owner’s permission, or (v) acting in a manner that is deceptive, false, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity; (b) misrepresenting your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.

4.2 No Security Violations. You are prohibited from using the Store to gain unauthorized access, or to support any attempt to gain unauthorized access, to any network, computer or communications system, software application, or network or computing device (each, a “System”) is strictly prohibited. Prohibited activities additionally include using the Store to: access or use any System without or in excess of authorization; probe, scan, or test the vulnerability of a System without or in excess of authorization; breach any security or authentication measures used by a System, monitor data or traffic on a System, without or in excess of authorization, monitor or copy materials from the Store for any unauthorized purpose, or access the  Store via any automatic device, process or means of access such as a robot or spider.

4.3 No Testing or Interference. You shall not, without the express written permission of CrowdStrike, probe, scan, or test the Store for vulnerabilities, breach Store security or authentication measures, or conduct penetration testing relating to the Store or the CrowdStrike Store Offerings.  You shall not take any action that may have a detrimental effect on the Store’s functionality, performance, availability, integrity, or security, including but not limited to: (i) disabling, damaging, overburdening or impairing the Store or any server, computer or database connected to or accessed by the Store; (ii) modifying, blocking or otherwise interfering with the display of the Store; (iii) interfering with another user’s ability to access, use and enjoy the Store; (iv) accessing another user’s registration information or user account without that user’s express written permission; (v) transmitting or introducing any malicious or technologically harmful element to the Store such as a spyware program, virus, Trojan horse, worm or logic bomb; (vi) performing, without CrowdStrike’s express prior written authorization, scalability or load testing of the Store; or (vi) engaging in any activities that results in any server supporting the Store being the target of a denial of service attack. Store User may not reverse engineer, decompile, disassemble, or work around any technical limitation of the Store or any Store Offerings.

5. Store Contributor Products.

5.1 Instruction and Authorization. Store User instructs and authorizes CrowdStrike to: (i)  give Store Contributors access to the Offerings, CrowdStrike Offering Features and CrowdStrike Offering Data to enable and provide for Store User’s use and receipt of Store Contributor Products; (ii) use CrowdStrike Offerings to deliver, deploy and manage Store Contributor Products, and (iii) share information about you, including your personal information, Store User Personal Data, and CrowdStrike Offering Data with Store Contributors to facilitate the delivery, provisioning, support and maintenance of Store Contributor Products, in each case in connection with Store User’s actual or potential evaluation of, access to, or use of applicable Store Contributor Products and as may be further specified or requested by Store User or the Store Contributor, including in applicable Store Contributor Products specifications and documentation. If at any time Store User decides to limit or revoke a Store Contributor’s access to CrowdStrike Offerings, CrowdStrike Offering Features or CrowdStrike Offering Data to the extent the applicable Store Contributor Products or CrowdStrike Offerings allows Store User to limit such access, Store User is responsible for taking the actions necessary to revoke such access. In the event Store User requires CrowdStrike assistance with such revocation or limitation of access, Store User must contact CrowdStrike Support at support@crowdstrike.com with written notice of such revocation or limitation. Within a reasonable period of time following receipt of such notice, but in any event within 72 hours of receipt of such notice, and to the extent within CrowdStrike’s control, CrowdStrike will disable the Store Contributor’s access the CrowdStrike Offerings and CrowdStrike Offerings Data. Store User is responsible to Store Contributor for such actions under the terms of the Store Contributor’s terms with Store User.

5.2 Integrations with Store Contributor Products. Store Contributor Products are not required for use of the CrowdStrike Offerings.  CrowdStrike Offerings may contain features, including API’s, designed to interface with Store Contributor Products, and (i) ingest, use and/or display Store Contributor provided data or content, or (ii) provide Customer related data or CrowdStrike data to Store Contributor Products, including, technical information relating to your device, system, Offerings or Store Contributor Products. Such technical information is gathered periodically and may be used: (a) to provide services related to, or facilitate the delivery, provision or maintenance of, Offerings or Store Contributor Products, and (b) for certain marketing efforts in compliance with law.  Store Contributor’s use of Customer related data is governed by the Store Contributor Agreement.

5.3 Store User Responsibility. Store User is solely responsible for: (i) independently testing and validating any Store Contributor Products before deploying them in a test or production environment, (ii) reading, understanding and abiding by the applicable Store Contributor Agreement and privacy policies, (iii) evaluating whether using any Store Contributor Products is lawful under the laws that apply to you or are permitted in your jurisdiction, (iv) paying for the Store Contributor Products and any claims that arise out of your use of the Store Contributor Products. You are responsible for (a) the accuracy, completeness, quality and legality of any information including personal information that you provide in connection with the Store, including information provided to Store Contributors, (b) the means by which you acquired such information, and (c) your use of such information in connection with the Store.

5.4 Store Contributor Products. CrowdStrike is not responsible or liable for any loss, costs or damages arising out of Store Contributor’s actions or inactions in any manner, including but not limited to, for any disclosure, transfer, modification or deletion of Store User data.  Whether or not a Store Contributor is designated by CrowdStrike as, or otherwise claims to be “certified,” “authorized,” or similarly labeled, CrowdStrike does not: (i) control, monitor, maintain or provide support for, Store Contributor Products, (ii) disclaims all warranties of any kind, indemnities, obligations, and other liabilities in connection with the Store Contributor Products, and any Store Contributor’s interface or integration with the CrowdStrike Offerings, (iii) provide support or maintenance for any Store Contributors Products, or (iv) guarantee the continued availability of Store Contributor Products and related features. CrowdStrike’s publication of Store Contributor Products and/or Materials does not constitute an endorsement regarding the suitability of such products or services. If Store Contributor Products and related features are no longer available for any reason, CrowdStrike is not obligated to provide any refund, credit, or other compensation for, or related to, the CrowdStrike Offerings.

6. Personal Information.CrowdStrike’s use of Store User personal information that is obtained through or by the Store (“Store User Personal Data”) is governed by the CrowdStrike Privacy Notice.  Store User authorizes and instructs CrowdStrike to process, collect, use, store, and transfer Store User Personal Data as contemplated in these Terms. CrowdStrike may use Store User Personal Data to: (i) operate the Store and deliver the Offerings and Store Contributor Products that you request, (ii)  administer the Terms,  (iii) further the business relationship between Store User and CrowdStrike or Store Contributors, including for marketing purposes consistent with applicable laws; (iv) use it for internal business purposes, such as to secure and improve the Store and/or its Offerings; (v) comply with law, (vi) create aggregated, non-personal data that does not identify you or any other individual, which CrowdStrike may use or disclose for any purpose. Any information you submit to or through the Store, including personal information, may be processed, stored, viewed or accessed outside the country in which you live. Store Contributor’s use of Store User Personal Data is governed by Store Contributor Agreement with the Store User and/or the Store Contributor’s privacy.

7. DISCLAIMER.THE STORE, THE OFFERINGS, THE STORE CONTRIBUTOR PRODUCTS AND THE MATERIALS MADE AVAILABLE IN THE STORE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.  ANY WARRANTY OF THE STORE CONTRIBUTOR PRODUCTS IS MADE SOLELY BY THE STORE CONTRIBUTOR UNDER THE STORE CONTRIBUTOR AGREEMENT. CROWDSTRIKE ASSUMES NO LIABILITY FOR YOUR USE OF THE STORE OR THE STORE CONTRIBUTOR PRODUCTS OR ANY ASSISTANCE PROVIDED BY CROWDSTRIKE, INCLUDING WITHOUT LIMITATION THE DELIVERY OR DEPLOYMENT OF ANY STORE CONTRIBUTOR PRODUCTS. CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE FOR THE CROWDSTRIKE STORE, ANY STORE CONTRIBUTOR PRODUCTS OR THE CROWDSTRIKE OFFERINGS AND THE MATERIALS AVAILABLE IN THE STORE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE CROWDSTRIKE STORE, ANY STORE CONTRIBUTOR PRODUCTS OR THE CROWDSTRIKE OFFERINGS AND THE MATERIALS AVAILABLE IN THE STORE. THERE IS NO WARRANTY THAT THE STORE, THE STORE CONTRIBUTOR PRODUCTS OR THE CROWDSTRIKE OFFERINGS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF STORE USER’S PARTICULAR PURPOSES OR NEEDS. THE  STORE, THE CROWDSTRIKE OFFERINGS AND THE CONTRIBUTOR PRODUCTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. INDEMNIFICATION, SECURITY, OR ANY OTHER OBLIGATIONS THAT CROWDSTRIKE AGREED TO IN THE CS OFFERING TERMS OR ARE OTHERWISE IMPOSED ON CROWDSTRIKE FOR STORE USER’S/CUSTOMER’S USE OF THE CROWDSTRIKE OFFERINGS SHALL NOT APPLY TO STORE CONTRIBUTOR PRODUCTS. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING DISCLAIMERS DO NOT VOID ANY CROWDSTRIKE OFFERING WARRANTY THAT MAY BE MADE BY CROWDSTRIKE UNDER CROWDSTRIKE’S AGREEMENT WITH THE STORE USER FOR STORE USER’S USE OF THE CROWDSTRIKE OFFERINGS.

8. Indemnification.To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold CrowdStrike, our affiliates and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from: (i) your violation of these Terms, (ii) your violation of the rights of a third party (including any Store Contributor), or (iii) your use of the Store, the CrowdStrike Offerings or the Store Contributor Products other than as permitted herein. We will be entitled, at our sole expense, to participate in the defense and settlement of the claim or action with counsel of our choosing. CrowdStrike will use reasonable efforts to: (a) promptly give you written notice of any such claim against CrowdStrike, (b) give you control of the defense and settlement of any such claim against CrowdStrike (except that you may not settle any claim against CrowdStrike unless it unconditionally releases each applicable CrowdStrike party of all liability and does not admit fault by CrowdStrike), and (c) give you reasonable assistance, at your expense.

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROWDSTRIKE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL OR BUSINESS, LOSS OR CORRUPTION OF DATA, OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF, PERFORMANCE OF, OR UNAVAILABILITY OF, THE STORE, THE CROWDSTRIKE OFFERINGS, THE STORE CONTRIBUTOR PRODUCTS OR ANY STORE MATERIALS, REGARDLESS OF WHETHER CROWDSTRIKE, ANY AFFILIATE OR SUPPLIER, OR AN AUTHORIZED CROWDSTRIKE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

10. Compliance with Laws.Store User agrees to comply with all applicable laws, including but not limited to, applicable export and import laws. Store User shall not use, transfer, or otherwise export or re-export the CrowdStrike Offerings or the Store Contributor Products in violation of the laws of the United States, or the jurisdiction in which the CrowdStrike Offerings or Store Contributor Products originated or were obtained. Specifically, Store User shall not export or re-export the CrowdStrike Offerings or Store Contributor Products to any location that the United States and/or the European Union maintains an embargo or comprehensive sanctions (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity subject to individual prohibitions (e.g., parties listed on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders) (collectively, “Designated Nationals”), without first obtaining all required authorizations from the U.S. government and any other applicable government. Store User represents and warrants that it is not located in, or under the control of, or a national or resident of, an Embargoed Country or Designated National.

11. Termination. Your rights under these Terms will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, CrowdStrike may immediately revoke your access to the Store and any related services. CrowdStrike’s  failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

12. Entire Agreement. These Terms constitute the sole and entire agreement between Store User and CrowdStrike concerning the Store and they supersede all prior and simultaneous proposals, agreements, understandings, or other communications between us, oral or written, regarding the Store. No provision in these Terms is intended or shall create any rights with respect to the subject matter of these Terms in any third party.

13. Governing Law; Venue. These Terms and the rights and duties of the parties arising from these Terms, shall be governed by, construed, and enforced in accordance with the laws of the State of California, excluding its conflicts-of-law principles. The sole and exclusive jurisdiction and venue for actions arising under these Terms shall be state and federal courts in Santa Clara County, California, and the parties agree to service of process in accordance with the rules of such courts. You agree to waive all defenses of lack of personal jurisdiction and forum non- conveniens, irrevocably waive your right to a jury trial and agree that process may be served in a manner authorized by applicable law or court rule.  Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any dispute arises under these Terms, the parties will negotiate in good faith to resolve the dispute. Notwithstanding the foregoing, CrowdStrike reserves the right to file a suit or action in any court of competent jurisdiction to protect its intellectual property rights. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply.

14. Notices. All legal notices to CrowdStrike will be given in writing at legal@crowdstrike.com or the U.S. headquarter address listed on crowdstrike.com to the attention of Legal Department and will be effective: (i) when personally delivered, (ii) on the reported delivery date if sent by a recognized international or overnight courier, or (iii) five business days after being sent by registered or certified mail (or ten days for international mail).  Notices to you may be made by any reasonable means, including by posting within Store, or by email or regular mail to the last known address.

15. Translations. Any version of these Terms made available to you in any language other than English is for your convenience only, and you acknowledge and agree that the English version of these Terms is the legally binding version.

16. Miscellaneous. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms will continue in full force and effect.