October 31, 2022

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# SecOps Service Specific Terms

Last modified: October 31, 2022

This is not the current version of this document and is
provided for archival purposes.

View the current version

These SecOps Service Specific Terms are incorporated
into the agreement under which Google has agreed to
provide SecOps Services (as described at

https://cloud.google.com/terms/secops/services)
to Customer (the “Agreement”). If the Agreement
authorizes the resale or supply of SecOps Services under
a Google partner or reseller agreement or program,
then all references to Customer in the SecOps Service
Specific Terms mean Partner or Reseller (as applicable),
and all references to Customer Data in the SecOps
Service Specific Terms mean Partner Data. Capitalized
terms used but not defined in the SecOps Service
Specific Terms have the meaning given to them in the
Agreement.

**1. Data**
**Location****.** In the Order Form or by
other means made available by Google, Customer may select
to store Customer Data in a specific Region or
Multi-Region as detailed in the SecOps Services Locations
Page (“Data Location Selection”), and Google will store
that Customer Data at rest only in the selected
Region/Multi-Region. If a Data Location Selection is not
made by Customer, Google may (subject to the Data
Processing and Security Terms) process and store Customer
Data anywhere Google or its agents maintain facilities.
The Services do not limit the locations from which
Customer or Customer End Users may access Customer Data or
to which they may move Customer Data. For clarity,
Customer Data does not include resource identifiers,
attributes, or other data labels.

**2. General Software Terms.** The following terms
apply to all Software:

a. *License*. Google
grants Customer a royalty-free (unless otherwise stated by
Google), non-exclusive, non-sublicensable,
non-transferable license during the Term to reproduce and
use the Software ordered by Customer on systems owned,
operated, or managed by or on behalf of Customer in
accordance with (i) the Agreement, and (ii) if applicable,
the Scope of Use. Customer may authorize its and its
Affiliates' employees, agents, and subcontractors
(collectively, “Software Users”) to use the Software in
accordance with this section (License), so long as
Customer remains responsible. Customer may make a
reasonable number of copies of the Software for back-up
and archival purposes. For clarity, Software does not
constitute Services.

b. *Documentation*.
Google may provide Documentation describing the
appropriate operation of the Software, including a
description of how Software is properly used, and whether
and how the Software collects and processes data. Customer
will comply with any restrictions in the Documentation
regarding Software use.

c. *Compliance With Scope
of Use*. Within 30 days of Google’s reasonable
written request, Customer will provide a sufficiently
detailed written report describing its usage in accordance
with the applicable Scope of Use of each Software product
used by Customer and its Software Users during the
requested period. If requested, Customer will provide
reasonable assistance and access to information to verify
the accuracy of Customer’s Software usage report(s).

d. *Other Warranties and
Compliance*. Each party represents and warrants that
it will comply with all laws and regulations applicable to
its provision or use of the Software, as applicable.
Customer will: (i) ensure that Customer and its Software
Users' use of the Software complies with the Agreement and
the restrictions in the Agreement applying to Customer's
use of the Services; (ii) use commercially reasonable
efforts to prevent and terminate any unauthorized access
to or use of the Software; and (iii) promptly notify
Google of any unauthorized access to or use of the
Software of which Customer becomes aware. If the Software
contains open source or third-party components, those
components may be subject to separate license agreements,
which Google will make available to Customer. Customer is
solely responsible for complying with the terms of any
third-party sources from which Customer elects to migrate
its workloads onto the Services, and represents and
warrants that such third-party sources permit the use of
Software to migrate applications away from such sources.
If the Agreement terminates or expires, then Customer will
stop using all Software and delete it from Customer's
systems.

**3. Premium Software Terms****.** The
following terms apply only to Premium Software:

a. *Introduction*.
Google makes certain Software available under the
Agreement described as “Premium Software” in an Order Form
or as otherwise identified as Premium Software by Google
(“Premium Software”). Customer will pay applicable Fees
for any Premium Software it obtains as described in the
applicable Order Form. Premium Software is Google’s
Confidential Information.

b. *Software
Warranty*. Google warrants to Customer that for one
year from its delivery, Premium Software will perform in
material conformance with the applicable Documentation.
This warranty will not apply if (i) Customer does not
notify Google of the non-conformity within 30 days after
Customer first discovers it, (ii) Customer modifies
Premium Software or uses it in violation of the Agreement,
or (iii) the non-conformity is caused by any third-party
hardware, software, services, or other offerings or
materials, in each case not provided by Google.

If Google breaches this
warranty, then Google will, in its discretion, repair or
replace the impacted Premium Software at no additional
charge. If Google does not believe that repairing or
replacing would be commercially reasonable, then Google
will notify Customer and (A) Customer will immediately
cease use of the impacted Premium Software and (B) Google
will refund or credit any prepaid amounts for the impacted
Premium Software and Customer will be relieved of any
then-current commitment to pay for future use of the
impacted Premium Software. Without limiting the parties’
termination rights, this section (Software Warranty)
states Customer’s sole remedy for Google’s breach of the
warranty in this section (Software Warranty).

c. *Software
Indemnification*. Google’s indemnity obligations
under the Agreement with respect to allegations of
infringement of third-party Intellectual Property Rights
apply to Premium Software, and Customer’s indemnity
obligations under the Agreement with respect to Customer’s
use of the Services apply to Customer’s use of Premium
Software. In addition to any other indemnity exclusions in
the Agreement, Google’s indemnity obligations will not
apply to the extent the underlying allegation arises from
modifications to Premium Software not made by Google or
use of versions of Premium Software that are no longer
supported by Google.

d. *Technical
Support*. Unless otherwise specified by Google,
Google will make TSS available for Premium Software for an
additional charge, in accordance with the TSS Guidelines.

e. *Compliance*.
Premium Software may transmit to Google metering
information reasonably necessary to verify that use of the
Premium Software complies with the Scope of Use, as
described in the applicable Documentation. Customer will
not disable or interfere with the transmission of such
metering information.

f. *Updates and
Maintenance*. During the Term, Google will make
available to Customer copies of all current versions,
updates, and upgrades of Premium Software, promptly upon
general availability, as described in the Documentation.
Unless otherwise stated in the Documentation for the
applicable component of Premium Software, Google will
maintain the current release of Premium Software and the
two versions immediately preceding the current release,
including by providing reasonable bug fixes and security
patches. Maintenance for any Premium Software may be
discontinued with one year’s notice from Google, except
Google may eliminate maintenance for a version and require
upgrading to a maintained version to address a material
security risk or when reasonably necessary to avoid an
infringement claim or comply with applicable law.

**4. Pre-GA Offerings Terms.** Google may make
available to Customer pre-general availability features,
services or software that are either not yet listed at

https://cloud.google.com/terms/secops/services
or identified as “Early Access,” “Alpha,” “Beta,”
“Preview,” “Experimental,” or a similar designation in
related documentation or materials (collectively, “Pre-GA
Offerings”). While Pre-GA Offerings are not Services or
Software, Customer’s use of Pre-GA Offerings is subject to
the terms of the Agreement applicable to Services (or
Software, if applicable), as amended by this Section 4.

Customer may provide feedback and suggestions about the
Pre-GA Offerings to Google, and Google and its Affiliates
may use any feedback or suggestions provided without
restriction and without obligation to Customer.

PRE-GA OFFERINGS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS
OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND.
Pre-GA Offerings (a) may be changed, suspended or
discontinued at any time without prior notice to Customer
and (b) are not covered by any SLA or Google indemnity.
Except as otherwise expressly indicated in a written
notice or the documentation for a given Pre-GA Offering,
(i) Pre-GA Offerings may not be covered by TSS, (ii) the
Data Processing and Security Terms do not apply to Pre-GA
Offerings and Customer should not use Pre-GA Offerings to
process personal data or other data subject to legal or
regulatory compliance requirements, and (iii) Google’s
data location commitments set out in these Service
Specific Terms will not apply to Pre-GA Offerings. With
respect to Pre-GA Offerings, to the maximum extent
permitted by applicable law, neither Google nor its
suppliers will be liable for any amounts in excess of the
lesser of (A) the limitation on the amount of liability
stated in the Agreement or (B) $25,000. Nothing in the
preceding sentence will affect the remaining terms of the
Agreement relating to liability (including any specific
exclusions from any limitation of liability). Customer's
access to and use of any Pre-GA Offering is subject to any
applicable Scope of Use. Either party may terminate
Customer's use of a Pre-GA Offering at any time with
written notice to the other party. Certain Pre-GA
Offerings may be subject to additional terms stated below.

**5. Benchmarking.** Customer may conduct benchmark
tests of the Services (each a "Test"). Customer may only
publicly disclose the results of such Tests if it (a)
obtains Google's prior written consent, (b) provides
Google all necessary information to replicate the Tests,
and (c) allows Google to conduct benchmark tests of
Customer's publicly available products or services and
publicly disclose the results of such tests.
Notwithstanding the foregoing, Customer may not do either
of the following on behalf of a hyperscale public cloud
provider without Google's prior written consent: (i)
conduct (directly or through a third party) any Test of
the Services or (ii) disclose the results of any such
Test.

**6. Trials.** Certain Services may be made available
to Customer on a trial basis. The parameters of each
trial, including any Scope of Use, may be presented to
Customer either through the Order Form, Documentation,
email, or as otherwise communicated by Google. Use of a
trial indicates Customer’s acceptance of any such
parameters.

**7. Additional Definitions.**

“*Multi-Region*” means a defined set of Regions.

“*Region*” means a region from which a particular
Service is offered, as identified at the SecOps Services
Locations Page.

“*Scope of Use*” means any limits on installation
or usage of Services or Software presented by Google.

“*SecOps Services Locations Page*” means

https://cloud.google.com/terms/secops/data-residency.

The following terms apply only to the Service(s)
indicated in the section title.

**1. Chronicle SIEM**

a. Service
Models.** **Chronicle SIEM is available in one of the
following two service models, as specified in an Order
Form:

i. *Data Ingestion*.
Customers are charged a flat rate based on data ingestion
up to the Data Cap. The following terms apply to this
service model:

A. *Data
Limitations*. Chronicle SIEM is only to be used for
Security Telemetry. Customer agrees that it will not
provide any data to Chronicle SIEM that is not Security
Telemetry.

B. *Overages*. If
Customer exceeds its Data Cap, then Customer will purchase
an increase to its Data Cap. If Customer does not purchase
an increase to its Data Cap within fifteen (15) days of
notice from Google, then Google may terminate the
applicable Order Form(s) upon written notice to Customer.

ii. *Covered
Personnel*. Customers are charged a flat rate per
each Covered Personnel. The following terms apply to this
service model:

A. *Data
Limitations*. Chronicle SIEM is only to be used for
Network Telemetry and Third Party Telemetry. Customer
agrees that it will not provide any data to Chronicle SIEM
that is not Network Telemetry or Third Party Telemetry.
Customer further agrees to work with Google to filter
Customer Data that does not constitute Network Telemetry
or Third Party Telemetry.

B. *Overages*.
Overages in the number of Covered Personnel are subject to
proportional increases in Customer’s Fees during an Order
Term based on any ten percent (10%) or more increase in
Covered Personnel from the number reported in an Order
Form.

C. *Compliance*.
Within 30 days of Google’s reasonable written request,
Customer will provide documentation establishing that the
number of Covered Personnel providing Customer Data to
Chronicle SIEM does not exceed the number reported in an
Order Form plus ten percent (10%).

b. Service Suspension. Google
may Suspend Customer’s access to Chronicle SIEM if
Customer does not comply with the data limitations
provisions in Section 1(a)(i)(A) and Section 1(a)(ii)(A)
(as applicable) of these Chronicle SIEM Service Terms, and
Customer’s non-compliance is not cured following notice
from Google within the Data Limitation Notice Period. If
Google Suspends Customer’s access to Chronicle SIEM under
this Section, then (i) Google will provide Customer notice
of Suspension without undue delay, to the extent legally
permitted, and (ii) the Suspension will be to the minimum
extent and for the shortest duration required to resolve
the cause for Suspension.

c. Data Period. Subject to
and in accordance with the Data Processing and Security
Terms, (i) Google will maintain Customer Data in Chronicle
SIEM for the Data Period, and (ii) Customer instructs
Google that it may delete Customer Data that is outside
the Data Period.

d. Third-Party Terms.

i*. Third-Party Offerings*. Customer must obtain
access to any Third-Party Offerings from the respective
provider (a “Third-Party Provider”). To the extent
Customer provides access to the Customer’s Account to a
Third-Party Offering or Third-Party Provider, Customer
explicitly consents and instructs Google to allow the
Third-Party Provider of any such Third-Party Offerings to
access Customer Data as may be required to interact with
Chronicle SIEM, including to copy Customer Data into or
out of Chronicle SIEM. For clarity, Third-Party Providers
are not Subprocessors (as defined in the Data Processing
and Security Terms).

A. *Disclaimers*. The
manner in which Third-Party Offerings and Third-Party
Providers transmit, use, store, and disclose Customer Data
is governed solely by the policies of such Third-Party
Offering and Third-Party Provider. To the extent permitted
under applicable law, Google will have no liability or
responsibility for:

1. Customer’s use of a
Third-Party Offering, including any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance on any such Third-Party Offering, actions or the
effect of actions that Customer authorizes Google to take
with respect to Third-Party Offerings and a Third-Party
Provider’s access to and use of Customer Data;

2. the privacy practices or
other actions of any Third-Party Offering or Third-Party
Provider; or

3. the accuracy,
availability, or reliability of any data, information,
content, services, advice, or statements made available in
connection with such Third-Party Offering.

B. Representations
*and Warranties*. Customer represents and warrants
that nothing in the Agreement, or Customer’s use of
Chronicle SIEM, will violate any agreement or terms with a
third party to which Customer is subject.

ii. *Looker Terms*.
Google uses Looker and BigQuery with Chronicle SIEM for
dashboarding and reporting features. Customer may only use
Looker and BigQuery as part of Chronicle SIEM subject to
any deployment, configuration, and use limitations
provided or described by Google. Google may make Software
available to Customer in connection with Customer’s use of
Looker, including third-party Software. Some Software may
be subject to third-party license terms, which can be
found at

https://looker.com/trust-center/legal/notices-and-acknowledgements.
If Customer stops using Chronicle SIEM or Looker, then
Customer will also stop using the Software.
Notwithstanding any provision in these Chronicle SIEM
Service Terms, the then-current data processing and
security terms for Looker described at

https://looker.com/trust-center/legal/customers/dpst
are incorporated by reference in the Agreement and apply
to the storage and processing of Customer Data by Looker.
Customer’s access to Looker may be terminated by Google,
at any time, if Customer is found to be in breach of the
Agreement. Notwithstanding anything to the contrary in the
Agreement, as used in this Section 1(d)(ii) in these
Chronicle SIEM Service Terms, the term “Customer Data”
means (a) all data in Customer’s databases provided to
Looker by Customer or End Users via Chronicle SIEM, and
(b) all results provided to Customer or End Users for
queries executed against such data via Looker. Google’s
data location commitments under General Service Terms
Section 1 (Data Location) do not apply to Looker
dashboarding and reporting.

e. Managed Security Service
Providers. The following terms apply where Customer
purchases Chronicle SIEM as a Managed Security Service
Provider:

i. In the following
definitions in Section f (Additional Definitions) in these
Chronicle SIEM Service Terms, all references to Customer
will be replaced with End User(s): (A) Covered Personnel,
(B) Customer Network, (C) Network Telemetry, and (D) Third
Party Telemetry;

ii. Customer may not use
Chronicle SIEM for internal purposes, unless Customer has
a separate Order Form for internal use; and

iii. In General Service Terms
Section 2 (General Software Terms): (A) End Users are
included in the definition of “Software Users”, and (B)
Customer may reproduce and use the Software ordered by
Customer on systems owned, operated, or managed by or on
behalf of End Users in accordance with (Y) the Agreement,
and (Z) if applicable, the Scope of Use, provided that
Customer will be liable for the acts and omissions of its
End Users.

f. Additional
Definitions*.*

“*Covered Personnel*”
means an employee or contractor of Customer.

“*Customer Network*”
means the network used by Customer for internal business
purposes, and all applications, software, services, and
physical devices used for internal business purposes that
connect to such network.

“*Data Cap*” means the
amount of Customer Data that is provided to Chronicle SIEM
through the Account on an annual basis starting from the
Services Start Date, as specified in an Order Form.

“*Data Limitation Notice
Period*” means either (a) 72 hours after Google’s
notice to Customer of non-compliance or (b) 7 days after
Google’s notice if Customer reasonably demonstrates to
Google that Customer is taking reasonable steps to remedy
the non-compliance.

“*Data Period*” means
the length of time that Customer Data will be available in
Chronicle SIEM, as specified in an Order Form. The Data
Period is calculated on a monthly rolling, lookback basis
from the current date using the event date/timestamp of
the Customer Data as read by the Chronicle SIEM. If not
specified in an Order Form, the Data Period is 12 months.

“*Documentation*”
means the then-current Chronicle SIEM documentation made
available by Google to its customers for use with the
Services at

https://cloud.google.com/chronicle/docs.

“*Managed Security Service
Provider*” means a Customer that provides its own
Customer Applications that complement, enhance, or extend
the reach or functionality of Chronicle SIEM for use
solely by End Users. This would be applicable to
Customer’s participation in the Program.

“*Network Telemetry*”
means Security Telemetry generated by devices that are
part of the Customer Network and does not include Security
Telemetry generated by anyone other than Covered
Personnel; for example Network Telemetry does not include
Security Telemetry generated by Customer’s customers or
Customer’s partners.

“*Program*” means the
GCSecurity MSSP Partner Program as described in the
then-current GCSecurity MSSP Partner Program, the most
current version of which can be found at

https://chronicle.security/partners.

“*Security Telemetry*”
means the metadata or other data that relates to
Customer’s or a Customer End User’s security posture and
that is produced by security related features, products,
or services.

“*Third Party
Telemetry*” means Security Telemetry Customer has
received from a third party that Customer uses for
purposes of securing the Customer Network.

**2. Chronicle SOAR**

a. Cooperation. To facilitate
Google’s performance of its obligations under the
Agreement and the proper provision of Chronicle SOAR,
Customer and its End Users will assist Google to provide
and share Performance Information at its disposal. If
Customer licensed Premium Software, Customer shall
facilitate Google’s remote access to the Premium Software
deployed at Customer’s site or premises for the purpose of
Google obtaining Performance Information. If Customer uses
Chronicle SOAR, Customer will allow Google to access
Customer’s account for the purpose of Google obtaining
Performance Information. To the extent that Customer fails
to provide the foregoing, Google shall be excused from the
performance of its obligations hereunder, insofar as such
performance is not possible due to Customer’s failure to
so provide the foregoing.

b. Output Data. Customer
assumes sole and exclusive responsibility: (i) for all
acts or omissions, that Customers or others on its behalf
engage in, in response to the Output Data; (ii) to
thoroughly review the Output Data frequently, check for
any alerts or warnings issued by the Premium Software or
Services, address the findings specified in the Output
Data and determine what actions are appropriate in light
thereof; and (iii) to carry out such actions as Customer
deems appropriate as a result of the Output Data. To the
extent permitted under applicable law, Google has no
responsibility or liability, regarding the Customer’s
reliance upon, or use of, the Output Data, Customer's
actions or omissions in connection with the Output Data,
or any consequences resulting therefrom.

c. Related Systems. Customer
acknowledges that given the nature of Chronicle SOAR
and/or Premium Software, the use, operation and
performance of Chronicle SOAR and/or Premium Software
relies on the availability and proper configuration of the
Related Systems. Customer acknowledges and agrees that in
order to use the Services and/or Premium Software,
Customer has to acquire and properly manage and configure
such Related Systems, at its own responsibility, cost and
expense.

d. Additional
Definitions.****

“*Documentation*”
means the then-current Chronicle SOAR documentation made
available by Google to its customers for use with the
Services at

https://documents.siemplify.co/en.

“*Output
Data*” means the reports, alerts, notices and other
types of information and data that Chronicle SOAR and/or
Premium Software may generate.

“*Performance
Information*” means the Output Data and any
information about Customer’s use of Chronicle SOAR and/or
Premium Software, including Chronicle SOAR and/or Premium
Software’s performance, compatibility, interoperability,
bugs, errors and malfunctions, in connection with
Customer’s use of Chronicle SOAR and/or Premium Software,
the architecture and layout of the Related Systems and
Chronicle SOAR and/or Premium Software’s functions and
processes as carried out with respect to the Related
Systems.

“*Related Systems*”
means Customer’s IT systems that are directly or
indirectly connected with or monitored by Chronicle SOAR
and/or Premium Software.

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