1.1. “We” , “Us” ,“Smart-X” , “Our” or the “Company” refer to Smart-X Software Solutions Ltd. an Israeli limited liability company, having its main place of business at 18 Abba Hillel Silver Street, P.O.Box 61022, Lod, Israel, 7116002.
1.2. “Licensee” refers to the business entity and/or inpidual person consenting to, and entering into, this Agreement.
1.3. “Software” refers to the software, in object code format, made available to You together with this EULA, including the Main Console and Agents ,in addition to but not limited to (i) third party`s software incorporated therein; (ii) related explanatory written materials (“Documentation”); and (iii), any patches, updates, modified versions, additions, service packs and upgrades, if any, which may be provided by the Company from time to time (“Updates & Upgrades”).
1.4. “License Program” refers to a certain combination, marked and chosen by the Licensee in the Registration Form.
1.5. “Support Services” refers to those support services detailed in the support statement available at the following URL http://ncontrolup.wpengine.com/support/support-statement/
1.6. “Annual License Fee” refers to the respective amounts that should be paid to Smart-X for the use of the Software for a period of one year in accordance with the relevant License Program.
1.7. “Monthly License Fee” refers to the respective amounts that should be paid to Smart-X per each month in which the Licensee uses the Software in accordance with the relevant License Program.
1.8. “Main Console” refers to the IT Management system, known as “Smart-X ControlUp” in the edition stipulated in the License Program the Licensee subscribed for, that is installed on the Licensee’s Server.
1.9. “Agent” refers to any piece of software code Smart-X provides the Licensee (deployed from the installation package installed with the Main Console or from Smart-X website), that is installed on all, selected, or none, of the Licensee’s End Points.
1.10. “Our Servers” refers to severs belonging to Smart-X and/or third party providing hosting service used by Smart-X.
1.11. “End Point” refers to each hardware or virtualized based station monitored by the Main Console under the terms of this Agreement, including, but not limited to, personal computers, laptops, terminal services, VDI, servers, screens etc.
1.12. “Server” refers to a single component of hardware enabling the installation of the Main Console on its storage device and the operation thereof.
1.13. “ControlUp User Account” refers to each issuance of a unique username and password enabling authenticated access to the Main Console.
1.14. “User/s” refers to the Licensee and any inpidual on its behalf that is assigned with a ControlUp User Account.
1.15. “Concurrent Sessions” refers to the number of sessions currently established on all of the Licensee’s End Points. The total amount of sessions is determined by the sum of user sessions and system (services) sessions. On RDS each user session is counted as a single session plus two sessions for the server itself. A workstation constitutes one session, whenever a user is logged to the work station. Any other server of any kind whatsoever (DC, Exchange, SQL, File Servers, etc.) constitutes 5 Concurrent Sessions, even if the no users are currently logged on to the Server.
1.16. “Registration Form” refers to the form the Licensee filled during the registration process stipulating the License Program the Licensee chose, and additional details.
1.17. “Offline Activation File” refers to a file which will be received and uploaded by the Licensee to its Server, which includes, inter alia, the details of the Licensee’s License Program as was approved by Smart-X, and additional details. The file allows the Main Console to operate without connecting to Our Servers
1.18. “Standalone Mode” refers to an operation of the Main Console in which the ControlUp configuration data and statistics are stored solely within the Licensee’s Local Area Network and are never sent to Our Servers.
1.19. “Enterprise Mode” refers to an operation of the Main Console in which certain login configuration and licensing information resides on Our Servers and the Main Console securely communicates and exchanges information with Our Servers .
2. Data sent to ControlUp Servers when working in an Standalone Mode:
2.1. NO DATA IS SENT TO CONTROLUP SERVERS WHEN USING Standalone Mode.
3. Data sent to ControlUp Servers when working in an Enterprise Mode:
3.1. User should be aware that portions of the Main Console contain functions which send information to ControlUp servers (Our Servers) when working in an Enterprise Mode. All of the aforementioned information is transferred using industry-standard encryption and identity-validation mechanisms (SSL). Configuration information, which is stored on Our Servers, is encrypted by using private customer-specific keys in order to prevent its leakage and misuse. The information sent contains:
3.1.1. General ControlUp User Account Settings and Configurations:
220.127.116.11. User information as entered by the user during user creation (Registration Form) or login.
18.104.22.168. Organization’s name and estimated size as entered by the user during organization’s creation.
22.214.171.124. User selected ControlUp’s organization upon logon.
126.96.36.199. User configured ControlUp’s Stress settings.
188.8.131.52. User configured ControlUp’s Security Policy settings.
184.108.40.206. User Login information such as login date/time, login count, login IP address and usage duration.
220.127.116.11. Various User requests / forms such as Bug Report, Feature Request, Offline Authentication File Request, Feature disable request, shared script-based actions and other requests made by the User.
18.104.22.168. Generated ID’s for ControlUp’s User Account, Organization and Environment.
22.214.171.124. License Program Class – The class to which the usage of the Main Console belongs to.
126.96.36.199. Static computer information, displayed in ControlUp’s Computers view while remote computer is not connected to ControlUp Console.
188.8.131.52. Remote Desktop configuration information (No credential information is ever sent!)
3.1.2. Details of system incidents as defined by one of the following:
184.108.40.206. Incident triggers explicitly configured by the user 220.127.116.11. Incident triggers configured and updated via ControlUp Cloud Analytics
3.1.3. Information which is NEVER sent to ControlUp servers when working in either Enterprise or Standalone Modes:
18.104.22.168. Any passwords configured or entered by the user 22.214.171.124. Active Directory domain connection information. 126.96.36.199. Active Directory users’ credentials information set by the user.
4. Use of Collected Information Smart-X reserves the right to compile, save, use within the scope of Smart-X activities, and analyze any and all data collected. Smart-X intends to use such data for multiple purposes, including without limitation for the purposes of responding to User’s requests, product improvements and for contacting the user.
5. Disclosure of User Information We will, to the extent possible, control User information, and, except as otherwise set forth herein, not disclose such User information to third parties. However, in the event disclosure of any User information by Smart-X is required by law, Smart-X may disclose such User information without the consent of User.
6. Security Smart-X uses reasonable security measures to safeguard information concerning, and submitted by, users. Despite the above security measures employed by Smart-X, users should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.