SCHEDULE – MANDIANT SOLUTIONS
MANDIANT MANAGED DEFENSE – CONTINUOUS VIGILANCE SUBSCRIPTION
MANDIANT MANAGED DEFENSE – NIGHTS AND WEEKENDS SUBSCRIPTION

In addition to the General Terms Applicable to all Offerings, which govern this Schedule, the following terms govern the Mandiant Managed Defense – Continuous Vigilance and Mandiant Managed Defense Nights and Weekends Subscription (each, a “Managed Defense Subscription” or “Subscription”).

1.     Managed Defense Subscription.  Mandiant will provide Customer with the most current version of the Mandiant Managed Defense service description (“Service Description”). The Service Description will contain an up-to-date description of the entitlements and support available through each Managed Defense Subscription. Customer acknowledges that Mandiant may update the Service Description from time to time, and that the most current version of the Service Description will apply to the Managed Defense Subscription. During the Subscription Term, Mandiant will provide the Managed Defense Subscription as set forth in the Service Description, according to the number of Nodes purchased by Customer as set forth in the Subscription Order. All services Customer requests that are not described in the Service Description will be performed at mutually agreed upon rates as set forth in Statements of Work.  If the number of Nodes exceeds the purchased Nodes reflected in the Subscription Order by more than ten percent (10%), Mandiant will notify Customer in writing, and will issue an invoice for the next higher Node count at Mandiant’s then-current rates pro-rated for the remaining portion of the then-current Subscription Term.

2.      Reseller and Partner Purchases.  If Customer receives the Subscription via a Mandiant authorized services or support partner (a “Partner”), Customer agrees that the Subscription and Managed Defense Reports may be delivered to Customer through the Partner. Notwithstanding any other confidentiality obligations between the parties, Customer authorizes Mandiant to disclose information related to the Subscription and Customer Data to Partner.

3.      Customer Responsibilities. Customer acknowledges and agrees that Mandiant’s ability to successfully deliver the Managed Defense Subscription is dependent on the Customer’s ability to meet its responsibilities as outlined herein.

3.1   Mandiant will have no liability for any failure to deliver the Managed Defense Subscription that may arise due to Customer’s refusal or failure to perform its responsibilities.

    a)     Installation Requirements. Customer will be responsible for the following: (i) providing network architecture diagrams, physical, and logical access to Customer’s environment for the sole purpose of deploying and configuring Managed Defense Supported Technology (as defined in the Service Description);  (ii) upgrading pre-existing Managed Defense Supported Technology to the minimum software version as referenced within the Managed Defense Service Description for each product or service; (iii) providing confirmation that all Managed Defense Supported Technology within the Customer’s environment has been successfully configured and connected to their network according to the individual Product’s or Subscription’s System Administration Guide and the configurations supported as noted in the FireEye Support Portal; (iv) providing the ability to establish a persistent connection to the Customer’s network within the designated port range corresponding to the country from which the Managed Defense Subscription will be delivered as referenced within the Managed Defense Quick Start Guide.

    b)     Compromised Systems. Customer recognizes that the Managed Defense Subscription is not an alternative to an incident response engagement for an environment that is compromised prior to the start of the Managed Defense Subscription.

    c)     Credential Security. Customer will be responsible for the following: (i) providing accurate information to Mandiant for provisioning access to (and removal of) Customer personnel access to the Managed Defense Portal; (ii) implementing and adhering to strong password standards; (iii) providing accurate information to Mandiant for domain whitelisting; and (iv) reporting any security issues related to the Subscription (including the Managed Defense Portal) to Mandiant immediately.

    d)     Network Segment Exclusion: Customer must notify Mandiant if specific network segments will not require Managed Defense monitoring. Customer must provide detailed information regarding the specific network segment range when possible. Examples: guest networks, testing environments, etc.

    e)     Remediating Known Compromises. Customer must make a reasonable effort to remediate any known compromises reported by Mandiant or third party vendors. Mandiant may choose to suppress alerts generated by known compromised systems until such time the compromise is remediated.

    f)      Time and Date Settings. Customers purchasing a Managed Defense the Nights and Weekends Subscription must ensure that all Managed Defense Supported Technology has accurate time and date settings, to help ensure that Nights and Weekends Supported Alerts are accurately categorized. Mandiant will not be responsible for reporting on Alerts generated by Managed Defense Supported Technology that does not have up to date time and date settings.


3.2.    Exclusions.  Notwithstanding anything else contained in this Agreement to the contrary, Mandiant shall have no obligation or responsibility to provide the Managed Defense Subscription for (i) Products that the Customer (or Mandiant or another third party on Customer’s behalf) has configured with a one-way feed of Mandiant’s Dynamic Threat Intelligence (DTI) Content Feed; (ii) Managed Defense Supported Technology that has been declared end of support or that are not currently supported; (iii) Managed Defense Supported Technology that has no active Support Service in place; (iv) Managed Defense Supported Technology for which software updates have not been applied; (v) Products that have not been installed and deployed; or (vi) Managed Defense Supported Technology that is misconfigured or incorrectly deployed, which prevents the Managed Defense Supported Technology from monitoring the Covered Systems. Customer acknowledges that to facilitate Mandiant’s efficient performance of the Managed Defense Subscription, Mandiant may control some features and functionality of the Managed Defense Supported Technology, including by applying updates, and such features or functionality may not be available for Customer’s independent use during the Subscription Term.