A FireEye blog post says that Trojan updates to SolarWinds` Orion software have allowed hackers to gain access to many public and private organizations, but do not disclose the identity of any of the victims. Media outlets have attributed attacks on the U.S. Treasury and Commerce as well as FireEye to a flaw in Orion products, but SolarWinds said Monday it is still under investigation. 17.2 Assignment. This Agreement may not be assigned by either party in whole or in part without the written consent of the other party, unless SolarWinds MSP may assign or transfer this Agreement to a legal or other person controlled, controlled or controlled by SolarWinds MSP or under joint control with SolarWinds MSP, or in the event of a merger or sale of all or substantial portion of the assets or shares of SolarWinds MSP. SolarWinds MSP may provide services to subcontractors under this Agreement without the prior authorization of the Solution Provider; However, provided that such subcontractor agrees to keep confidential any protected information received by SolarWinds MSP. 4.1 SolarWinds MSP Intellectual Property. Services, software and documentation are licensed, not sold. The use of the “purchase” in combination with the licenses of the services, software and documentation does not imply a transfer of ownership. Except for the limited rights expressly granted by SolarWinds MSP, you acknowledge and agree that all right, title and interest in and to all copyrights, trademarks, patents, trade secrets, intellectual property (including, but not limited to, algorithms, business processes, improvements, improvements, modifications, derivative works, information collected and analyzed in connection with the Services) and other proprietary rights Data resulting from or in connection with The services, software, provision of services or software and documentation are the sole property of SolarWinds MSP or its suppliers or licensors. All right, title and interest in and to the content accessible through the services or software are the property of their owner and may be protected by applicable legislation and contracts for the protection of intellectual property. This agreement does not give you any rights to such content, including its use.
SolarWinds MSP obtains a free, fully paid-up, worldwide, exclusive, transferable, licensed, irrevocable, and permanent license to use or integrate information, data, proposals, improvement requests, recommendations, or other feedback provided by you or your users about the services or software in its products and services. All rights not expressly granted under this Agreement are reserved to SolarWinds MSP. In addition, if you are an MSP, you acknowledge, vote and warrant that: (i) you have sufficient technical infrastructure, knowledge and expertise to fulfill your missions for your clients; (ii) you will provide your customers with all sales, problem solving and support services; (iii) you are responsible for billing, billing and collection from your customers; and (iv) You will work at your own expense and peril under your own name as AN MSP….