CLIENT SOFTWARE END USER LICENSE AGREEMENT
For Pulse Secure Client Software
("CLIENT SOFTWARE EULA")
(October16, 2015)
BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACCEPT ALL TERMS OF THIS CLIENT SOFTWARE EULA, INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTY AND LIMITATIONS ON USE, TRANSFERABILITY AND DAMAGES. IF YOU DO NOT ACCEPT THE TERMS OF THIS CLIENT SOFTWARE EULA, DO NOT DOWNLOAD, INSTALL OR USE THE CLIENT SOFTWARE AND DELETE ALL COPIES OF THE SOFTWARE FROM ANY AND ALL OF YOUR DEVICES.
This Client Software EULA sets forth the terms of the agreement between you and Pulse Secure, LLC (herein referred to as "Pulse Secure.") (You and Pulse Secure individually are referred to as a "Party," and you and Pulse Secure collectively are referred to as the "Parties.") It governs your use of Pulse Secure client software or other Pulse Secure-distributed client software accompanying this Client Software EULA (herein referred to as "Client Software") for use on your mobile device or portable (laptop or desktop) computer.
This Client Software EULA does not entitle you to any maintenance or support services from either Pulse Secure or the manufacturer or seller of your mobile device or portable (laptop or desktop) computer or to any updates, patches or other revisions of the Client Software. This Client Software EULA will, however, govern the terms of your use of any such updates, patches or other revisions should you be so entitled, unless Pulse Secure conditions your use of them on your acceptance of different terms.
- SCOPE OF LICENSE. The Client Software is licensed, not sold. All right, title and interest in the Client Software remains with Pulse Secure or its licensors. Subject to your acceptance of and adherence to the terms and conditions of this Client Software EULA, Pulse Secure grants you a revocable, non-exclusive, non- transferrable, non-sublicensable right to use the Client Software on a single compatible laptop, desktop, or personal mobile device, provided that you are its primary user. Pulse Secure reserves all other rights with respect to the Client Software. Unless applicable law gives you more rights despite this limitation, you may use the Client Software only as expressly permitted in this Client Software EULA. In doing so, you must comply with any technical limitations in the Client Software that allow you to use it only in certain ways. You may not:
- Make any copy of the Client Software except for archival purposes;
- Work around any technical limitations in the Client Software;
- Reverse engineer, decompile or disassemble the Client Software, except and only to the extent that applicable law expressly permits, despite this limitation;
- Publish or otherwise make the Client Software available for others to copy;
- Modify or create derivative works of the Client Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Client Software);
- Rent, lease or lend the Client Software; or
- Sublicense or transfer the Client Software or this Client Software EULA to any third party, whether voluntarily or by operation of law. Any such attempted sublicense or transfer shall be void and shall terminate your rights in the Client Software. Some third party software or other content included in the Client Software may be subject to other terms and conditions accompanying the content.
- DOCUMENTATION. If documentation is provided with the Client Software, you may copy and use the documentation for your internal, reference purposes.
- PERSONAL DATA. You understand that the Pulse Secure product(s) and certain other Client Software may be used by you in combination with Pulse Secure or third party services to which you may subscribe in order to transmit from and receive in your mobile device certain personal data. Such data may include location- based information that tracks your whereabouts and that are contained in e-mails, text messages, unique device identifiers (UDID), address books and calendars that you store or receive on or send from your mobile device (collectively, "PersonalData"). Personal Data may include contact information of you and others, as well as more sensitive Personal Data, such as bank account or other financial accounts information, or your health data, personal communications, photos and other audio or visual material or other data that you consider to be very private, if you choose to store, receive or transmit this type of data on or through your mobile device.By agreeing to this Client Software EULA, you expressly consent to Pulse Secure's collection, copying, storage and processing of your Personal Data, including the transfer, copying, storage and processing of Personal Data by and to providers of associated services that you subscribe to and others that assist Pulse Secure in providing and supporting the Pulse Secure product(s); some of these parties may be located outside of your home country. Pulse Secure will handle your Personal Data, as well as all other personally identifiable information that you may provide to Pulse Secure as part of your registration and/or customer support process, in accordance with Pulse Secure's privacy policy located at Pulse Secure's public website ( In addition, Pulse Secure and other Client Software may be used to enable transmission of signals to your device from services you may subscribe to that may alter or erase data and functionality on your device if you or the services provider so directs. You consent to use of Client Software for such purposes subject to terms of your subscription.
- DISCLAIMER OF WARRANTY.THE CLIENT SOFTWARE IS LICENSED "AS-IS," "WITH ALL FAULTS." YOU BEAR THE FULL RISK OF USING IT. PULSE SECURE GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE CLIENT SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS TO WHICH THIS CLIENT SOFTWARE EULA CANNOT CHANGE.
- LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.PULSE SECURE'S AGGREGATE LIABILITY, AND THAT OF ITS SUPPLIERS, UNDER OR IN CONNECTION WITH THIS CLIENT SOFTWARE EULA SHALL BE LIMTED TO THE GREATER OF US $10.00 OR THE AMOUNT YOU PAID FOR THE CLIENT SOFTWARE, REGARDLESS OF THE THEORY OF RECOVERY, WHETHER BY CONTRACT, IN TORT OR UNDER STATUTE. YOU ALSO AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDINGCONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES OR LOST PROFITS FROM PULSE SECURE OR ITS SUPPLIERS IN CONNECTION WITH USE OF THE CLIENT SOFTWARE.These limitations apply to any claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. They also apply even if Pulse Secure knew or should have known about the possibility of the damages. They do not, however, limit Pulse Secure's liability to you in the event of death or personal injury resulting from Pulse Secure's negligence or for fraud.
- EXPORT RESTRICTIONS. The Client Software contains encryption and is subject to export laws and regulations of the United States and to export and/or import control laws of other nations. You represent and warrant that you are not a citizen or otherwise located within, an embargoed nation (including without limitation, Cuba, Iran, North Korea, Syria or Sudan) and you are not otherwise prohibited under any export laws from receiving the Client Software. These laws include additional restrictions on destinations, end users and end use. You must comply with all such laws and regulations in your use of the Client Software. Your rights to use the Client Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this section or any other provision of this Client Software EULA.
- ENTIRE AGREEMENT; MODIFICATION; SEVERABILITY. This Client Software EULA constitutes the entire and sole agreement between the Parties with respect to the Software, and supersedes all prior and contemporaneous agreements relating to the Client Software, whether oral or written (including any inconsistent terms contained in a purchase order), except that the terms of a separate written agreement executed by an authorized Pulse Secure representative and you shall govern to the extent such terms are inconsistent or conflict with terms contained herein. Neither any modification to this Client Software EULA nor any waiver of any rights hereunder shall be effective unless expressly assented to in writing by the party to be charged. If any portion of this Client Software EULA is held invalid, the Parties agree that such invalidity shall not affect the validity of the remainder of this Client Software EULA.
- APPLICABLE LAW. This Client Software EULA shall be governed by the laws of the State of California (without reference to its conflicts of laws principles). The provisions of the U.N. Convention for the International Sale of Goods shall not apply to this Client Software EULA. For any disputes arising under this Client Software EULA, the Parties hereby consent to the personal and exclusive jurisdiction of, and venue in the courts of the state of California (and the US District Court for the district of Northern California).
- LEGAL EFFECT. This Client Software EULA describes certain legal rights. You may have other rights under the laws of your country. This Client Software EULA does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
- RIGHTS OF LICENSORS. To the extent any Pulse Secure licensor has any right or interest in or to the Client Software, such licensor shall be a third party beneficiary of this Client Software EULA. Any licensor of Pulse Secure whose software is embedded in the Client Software and any supplier of Pulse Secure whose products or technology are embedded in (or services are accessed by) the Client Software shall be a third party beneficiary with respect to this Client Software EULA, and such licensor or vendor shall have the right to enforce this Client Software EULA in its own name as if it were Pulse Secure. In addition, certain third party software may be provided with the Software and is subject to the accompanying license(s), if any, of its respective owner(s). To the extent portions of the Software are distributed under and subject to open source licenses obligating Pulse Secure to make the source code for such portions publicly available (such as the GNU General Public License ("GPL") or the GNU Library General Public License ("LGPL")), Pulse Secure will make such source code portions (including Pulse Secure modifications, as appropriate) available upon request for a period of up to three years from the date of distribution. You may obtain a copy of the GPL at and a copy of the LGPL at Open source information and information on contacting Pulse Secure can be found at Pulse Secure's public website (
- TERMINATION; SURVIVAL. This Client Software EULA is effective until terminated. Your rights under this Client Software EULA will terminate automatically without notice from Pulse Secure if you fail to comply with any term(s) of this Client Software EULA. Upon the termination of this Client Software EULA, you shall cease all use of the Client Software and destroy all copies, full or partial, of the Client Software. The provisions of Sections 3, 4,5, 6, 8, 10 and 11 shall survive the termination of this Client Software EULA howsoever caused.