To all MSP’s,Resellers Vars’s and Distributors (Called “MSP”)
Read your EULA’s
HAVE ALL MANUFACTURERS ADD ONE LINE TO THE AGREEMENT ADDRESSED TO YOUR FIRM (“Documentation ” Called “MFG”)
If a security breach is caused by the manufacturer..All agreements are nul and void immediately at the digression of the MSP.
Example Crowdstrike adding a bad sys file, that took down thousands of computers at on time via update distributed by Microsoft and Cloudfare.
Link
ClowdStrike EULA (https://www.crowdstrike.com/en-us/legal/software-terms-of-use/)
6. No Warranty.
6.1 Disclaimer. THE SOFTWARE AND ALL OTHER CROWDSTRIKE OFFERINGS ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND. CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. 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 SOFTWARE AND ALL OTHER CROWDSTRIKE OFFERINGS. THERE IS NO WARRANTY THAT THE SOFTWARE OR ANY OTHER CROWDSTRIKE OFFERINGS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF SOFTWARE USER’S PARTICULAR PURPOSES OR NEEDS. THE SOFTWARE AND ALL OTHER CROWDSTRIKE OFFERINGS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. NEITHER THE SOFTWARE OR ANY OTHER CROWDSTRIKE OFFERINGS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY, OR PROPERTY DAMAGE. SOFTWARE USER AGREES THAT IT IS SOFTWARE USER’S RESPONSIBILITY TO ENSURE SAFE USE OF SOFTWARE AND ANY OTHER CROWDSTRIKE OFFERING IN SUCH APPLICATIONS AND INSTALLATIONS. CROWDSTRIKE DOES NOT WARRANT ANY THIRD PARTY PRODUCTS OR SERVICES.
6.2 No Guarantee. SOFTWARE USER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT CROWDSTRIKE DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, DISCOVER, PREVENT OR WARN OF, ALL OF SOFTWARE USER’S OR ITS AFFILIATES’ SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, AND SOFTWARE USER AND ITS AFFILIATES WILL NOT HOLD CROWDSTRIKE RESPONSIBLE THEREFOR.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CROWDSTRIKE SHALL NOT BE LIABLE TO SOFTWARE USER (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) FOR: (A) ANY LOST PROFITS, REVENUE, OR SAVINGS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CROWDSTRIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE; OR (B) AN AMOUNT THAT EXCEEDS IN THE AGGREGATE $100. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THESE TERMS. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION 7.
Roy Miehe | MspPortal Partners Inc. | Ceo/President
Security Software Distributor: Bitdefender , Barracuda, Phishing Simulation & Cyber Security Training
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