CrowdStrike Customer Commitment Package Terms & Conditions
These Terms and Conditions (“Terms”) apply to any party (“Customer”) who has agreed in writing to accept a Customer Commitment Package offer (“Package”) and are incorporated by reference in the Package (together the Terms and Package constitute the “Agreement”).
The Agreement is entered into as of the date Customer signs the Package and is between (i) CrowdStrike, Inc., on behalf of itself and its affiliates, partners, agents, employees, officers, directors, and insurers (“Releasees”) and (ii) Customer and its affiliates, partners, agents, employees, officers, directors, and insurers, whether acting in subrogation or otherwise (“Releasors”) (collectively, the “Parties”). In exchange for consideration provided by Releasees herein, the Parties agree to fully and finally resolve all claims related to the Channel File 291 incident.
1. Consideration and Release. In consideration for the Package, the value of which Releasors agree is reasonable to resolve Releasors’ claims against Releasees related to the Channel File 291 incident, Releasor shall hereby fully and finally release Releasees for all causes of actions and forms of relief in law or equity, known or unknown, directly or indirectly arising from or related to the Channel File 291 incident. Releasors expressly waive all of their rights under California Civil Code § 1542 (and any other similar law or rule), which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
2. Applicable Law. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its choice of law rules or conflicts of law rules.
3. Confidentiality. Neither Party nor their counsel, agents, or assigns will hereafter, without compulsion of legal process, disclose to others, either directly, indirectly, or by implication, any information about this Agreement, including the terms of this Agreement, except where disclosure is required by law. In the event that any Party believes he/she or it is legally obligated by statutory or regulatory requirements (including compulsory legal process), to make a disclosure regarding this Agreement, he/she or it shall, within five (5) business days, provide written notification to the signatory of the other Party below. If any Party takes any action to challenge such disclosure, the Party giving notification shall defer making such disclosure until the challenge is finally resolved unless he/she or it is otherwise ordered by a court or other authority to give the information notwithstanding the challenge.
4. Enforceable Provisions Survive. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement will remain unaffected, and the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most nearly reflects the original intent of the Parties.
5. No Admission of Liability. It is understood and agreed by the Parties that this Agreement represents a compromise and settlement for various matters and that the promises and consideration contained and/or described in this Agreement shall not be construed to be an admission of any liability by any Party.
6. No Assignment. The Releasors promise and guarantee that they have not made, and will not make, any assignment of any claim, action, cause of action or any right of any kind whatsoever, related to the Channel File 291 incident, and that no other person or entity of any kind had or has any interest in any of the Releasors’ claims related to the Channel File 291 incident.
7. Entire Agreement. This Agreement represents the entire understanding between the Parties in regard to the subject matter and supersedes any prior discussions or understandings with respect thereto. Any amendment to this Agreement must be in writing referring to this Agreement and signed by all Parties. This Agreement can be signed through the use of commercially available electronic software that results in confirmed signatures delivered electronically to each of the Parties. To the extent there is any conflict between this Agreement and any prior agreements, this Agreement controls.
8. Representative Capacity. Each Party executing this Agreement in a representative capacity represents and warrants that such representative is empowered and authorized to do so.
