Device Services Additional Terms

Last Updated: April 12, 2023

These Device Services Additional Terms (these “Device Additional Terms”) are a part of the Montra Customer Terms of Service (and are hereby incorporated into the Montra Customer Terms of Service by reference), available at https://montra.io/legal. Capitalized terms used but not otherwise defined in these Device Additional Terms will have the meanings set forth in the Terms of Service. These Device Additional Terms set forth the additional terms and conditions under which Montra will provide to Customer certain device services, and other related services (“Device Services,” as further described below). All terms of the Montra Terms of Service, including all disclaimers, limitations of liability, agreements and indemnities, apply to these Device Additional Terms.

PLEASE REVIEW THESE DEVICE ADDITIONAL TERMS CAREFULLY. BY ACCEPTING THESE DEVICE SERVICES ADDITIONAL TERMS OR USING THE DEVICE SERVICES, YOU AGREE TO THIS AGREEMENT, INCLUDING THESE DEVICE ADDITIONAL TERMS WITH MONTRA, AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE MONTRA PRIVACY POLICY, WHICH IS PART OF THIS AGREEMENT.

1. Device Services

1.1 Device Purchasing and Leasing

Customer may purchase or lease computers and equipment for its internal use as part of the Montra Services. Any computer or equipment leases will also be subject to the terms of an applicable Order Form, and any applicable equipment lease agreement contained or referenced therein. Customer bears all responsibility for any damage or loss of any equipment purchased or leased through Montra, and Montra may recover such loss as set forth in the applicable Order Form.

1.2 Software Provisioning

Montra may provision computers or other equipment for Customer’s employees and contractors. In connection with the provisioning of such computers or equipment, Montra may install certain third-party software on behalf of Customer on such computers or equipment, in accordance with the information technology policies selected by Customer. Montra is not responsible or liable for any third-party software installed on such computers or equipment (e.g., Microsoft Office) or any failure of such software to meet Customer’s expectations. If Customer instructs Montra to purchase licenses on its behalf through Customer’s account with the applicable third-party provider, Customer agrees to add Montra to Customer’s account as necessary and otherwise hereby grants Montra the authority to engage in such purchases on behalf of Customer.

1.3 Device Management Services

Montra may install an agent on computers and equipment enrolled in Device Management Services, utilizing one or more device management partner products, currently Kaseya VSA, Mosyle, Apple Business Manger and/or Microsoft InTune (“Device Management Partners”), to assist you in the set up and management of Customer devices, including pre-install software, remotely erase and re-assign devices, and enforce security and management policies.

Subject to these Device Additional Terms, the acceptance of an Order Form, and payment of all applicable fees, Customer is granted a non-transferable, non-sublicensable, non-exclusive right to use the specific Device Management Partner software and services made available by Montra (“DM Technology”). Customer is solely responsible for safeguarding any credentials to the DM Technology. Customer agrees to and accepts each applicable DM Technology terms, which limit’s each Device Management Partner’s potential liability to Customer:

Customer further agrees that it will not do any of the following:

modify, disclose, alter, translate or create derivative works of the DM Technology, any components thereof, or any then-current published documentation (“DM Documentation”);
license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the DM Technology (or any components thereof) or any DM Documentation;
use the DM Technology other than as permitted under these Device Terms and the DM Technology Terms of Service, and in conformity with the Documentation;
use the DM Technology in violation of any laws or regulations, including, without limitation to store or transmit infringing, libelous or otherwise unlawful or tortious material, or material in violation of third-party property, personal or privacy rights;
use the DM Technology to store, transmit or test for any viruses, software routines or other code designed to permit unauthorized access, disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions;
probe, scan or test the efficacy or vulnerability of the DM Technology, or take any action in an effort to circumvent or undermine the DM Technology;
attempt or actually disassemble, decompile or reverse engineer, copy, frame or mirror any part or content of the DM Technology;
access, test, and/or use the DM Technology in any way to build a competitive product or service, or copy any features or functions of the DM Technology;
interfere with or disrupt the integrity or performance of the DM Technology;
attempt to gain or provide unauthorized access to the DM Technology or related systems or networks;
disclose to any third party or publish in any media any performance information or analysis relating to the DM Technology;
fail to maintain all copyright, trademark and proprietary notices on the DM Technology and any permitted copy thereof;
share any usernames, passwords, or account information related to the DM Technology with any third parties outside of Customer and its authorized employees and agents.

1.4 Device Protection Services

Montra makes available device protection services available through its partners, currently Webroot and SentinelOne (“Device Protection Partners”). Montra is not responsible or liable for the performance of its Device Protection Partners in detecting threats, which are subject to the terms and conditions of each Device Protection Partner.

Subject to these Device Additional Terms, the acceptance of an Order Form, and payment of all applicable fees, Customer is granted a non-transferable, non-sublicensable, non-exclusive right to use the specific Device Protection Partner software and services made available by Montra (“DP Technology”). Customer is solely responsible for safeguarding any credentials to the DP Technology. Customer agrees to and accepts each applicable DP Technology Terms of Service, which limit each Device Protection Partner’s potential liability to Customer:

Customer further agrees that it will not do any of the following:

modify, disclose, alter, translate or create derivative works of the DP Technology, any components thereof, or any then-current published documentation (“DP Documentation”);
license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the DP Technology (or any components thereof) or any DP Documentation;
use the DP Technology other than as permitted under these Identity and Device Terms and the DP Technology Terms of Service, and in conformity with the DP Documentation;
use the DP Technology in violation of any laws or regulations, including, without limitation to store or transmit infringing, libelous or otherwise unlawful or tortious material, or material in violation of third-party property, personal or privacy rights;
use the DP Technology to store, transmit or test for any viruses, software routines or other code designed to permit unauthorized access, disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions;
probe, scan or test the efficacy or vulnerability of the DP Technology, or take any action in an effort to circumvent or undermine the DP Technology;
attempt or actually disassemble, decompile or reverse engineer, copy, frame or mirror any part or content of the DP Technology;
access, test, and/or use the DP Technology in any way to build a competitive product or service, or copy any features or functions of the DP Technology;
interfere with or disrupt the integrity or performance of the DP Technology;
attempt to gain or provide unauthorized access to the DP Technology or related systems or networks;
disclose to any third party or publish in any media any performance information or analysis relating to the DP Technology;
fail to maintain all copyright, trademark and proprietary notices on the DP Technology and any permitted copy thereof;
share any usernames, passwords, or account information related to the DP Technology with any third parties outside of Customer and its authorized employees and agents.

2. Additional Obligations

2.1 Device Participation

Customer is solely responsible for ensuring that the computers or equipment provisioned for the Montra Device Services are utilizing the latest patches or updates made available by or through Montra (including forcing such computers or equipment to restart to install the applicable patches or updates).

2.2 Administrator Accounts

To the extent Montra provides Customer with access to any administrator account for the computers or equipment provisioned for the Montra Device Services for Customer, Customer agrees to use that access solely for the purpose of viewing and resetting the password for your employees or contractors, and not for any other purpose. You acknowledge that any work or data created or saved as part of such administrator access may be purged or lost at any time.

3. Miscellaneous

3.1 Functionality with Third Party Products

While the Device Services are designed to work with many Third-Party Products, their continued compatibility with any specific Third-Party Product is dependent on such Third-Party Product. To maintain compatibility with particular Third-Party Products, you may need to update a Montra application or a Third-Party Product from time to time. You acknowledge that Montra does not guarantee that such Services will be compatible or otherwise work with any specific Third-Party Product, nor that any currently supported Third Party Products will remain compatible with or work with the Montra Services.