Forescout EULA, support and end of life covers the contract terms that sit around Forescout’s licence metrics. The End User License Agreement (EULA) “is made between Customer and Forescout Technologies, Inc.” and “covers your use of, license and entitlement to Forescout Products and Services”. A customer accepts it by downloading, installing or using the Products, or by agreeing to it directly or through its Forescout Partner.[1] The current version is document F1007-00010-00, dated 2023-03-21. It is published on Forescout’s legal page alongside the Support Services Policy, the End-of-Life Policy and the evaluation and not-for-resale agreements.[6]
The EULA defers metrics to the Product License Guide: “The specific type of license granted per Product is set forth in the Product License Guide.”[1] It assumes that customers buy through a Forescout Partner, defined as “a reseller, distributor, managed service provider or systems integrator authorized by Forescout”. Fees, taxes, delivery and payment terms are “exclusively between you and the Forescout Partner”.[1] Catalog proof: EULA grant is non-transferable and for internal use during the Term.
Editions
The EULA does not distinguish editions. It defines the kinds of Product it covers: “Software” (programs “including a virtual appliance, Upgrades and firmware”), “Cloud Service” (hosted software-as-a-service or cloud features) and “Appliance” (“any Forescout on-premises physical hardware appliance”).[1] The Term starts on the Delivery Date, or for Appliances on the Shipment Date.[1]
Support comes in two layers:
| Layer | What it includes | Sold as |
|---|---|---|
| Premium Support Services | 24x7 support, Upgrades, Fixes and Workarounds, one health check a year, up to 48 hours of reactive tuning and up to 24 hours of pro-active support a year | Included in Term-Based Licenses and bundles; mandatory |
| Gold, Platinum, Diamond | Technical account management of up to 80, 384 or 768 hours, plus health checks, training and assessments | FS-GOLD-FF-1Y-SUB, FS-PLATINUM-FF-1Y-SUB, FS-DIAMOND-FF-1Y-SUB, Flat Fee |
| Adoption, Enterprise Adoption | Adoption services aligned to the purchased bundle | Flat Fee up to 50,000 Endpoints, per 1,000 Endpoints above |
| Resident Engineer | A remote engineer for up to 1,800 hours a year | FS-RESIDENT-ENGINEER-FF-1Y-SUB |
| Hardware Support Services | Fixes and RMA for Defective Hardware | Per Appliance Unit, for example FS-5120-HW-1-1Y-SUB |
Sources for the table: the Support Services Policy sections 3, 7.1 and 7.3 and the Product License Guide section 7.[2][4] Basic and Advanced Support are at End of Sale.[2]
Metrics
The EULA defines the Entitlement as “the specific metrics, duration, and quantity of Products you commit to acquire from a Forescout Partner”. Use beyond it is Overage.[1] The metrics themselves are the Endpoint, Unit and Flat Fee of the Product License Guide. Enhanced Support uses the Flat Fee for most SKUs. Enterprise Adoption is sold per 1,000 Endpoints.[4]
Counting / floors
Premium Support is compulsory (May 2025). “All Customers must purchase Premium Support Services for all acquired Forescout Products and Appliances.” If Premium Support was not bought or has expired and the customer downloads Upgrades released under it, the customer is invoiced “the then-current list price for one (1) year of Premium Support Services fees”.[2] The EULA says the same thing from the licence side. Upgrades or additional copies “beyond your Entitlements” may be used only if they were acquired with technical support Services or bought separately.[1] Catalog proof: Premium Support is mandatory for all Products and Appliances; Downloading Upgrades without support triggers a one-year support invoice; Upgrades and extra copies need support or a separate purchase.
Enhanced Support prerequisites. Gold, Platinum, Diamond, Adoption and Resident Engineer are delivered only while the customer keeps “current Support Services for all Products”. New Adoption and Resident Engineer terms start 15 days after Forescout processes the Order.[4] Catalog proof: Enhanced Support requires current Support for all Products; Adoption is Flat Fee up to 50,000 Endpoints, per 1,000 above.
Overage and verification. “If you use Products beyond your Entitlement (‘Overage’), the Forescout Partner may invoice you, and you agree to pay, for such Overage.” Orders are non-cancellable to the extent the law allows.[1] Under the verification clause the customer keeps accurate records of use. “Upon reasonable advance notice, and no more than once per 12-month period”, the customer gives Forescout and its auditors access to verify compliance and pays “any underpayment of fees for excess usage during the applicable Term”.[1] The clause sets no cost-shifting threshold and no list-price penalty. The verification section survives termination.[1] Catalog proof: Overage is invoiced through the Forescout Partner; Verification at most once per 12 months.
Continued use after termination. After termination the customer must stop using the Products and destroy copies of the Software. Continued use “may be invoiced”. If Forescout terminates for the customer’s material breach, unpaid fees to the end of the Term fall due.[1]
Virtualization & partitioning
The EULA counts a virtual appliance as Software.[1] The Support Services Policy adds two conditions for virtual and cloud use. Forescout need not support instances that lack dedicated CPU, memory and storage: “dedicated means sufficient resources are fully reserved/mapped to each virtual or cloud instance”. It also need not provide support where the customer “has not purchased the flexible deployment right in lieu of Forescout Appliance(s)”.[2] Customers who move an Appliance to another country must notify Forescout, or support timescales may not be met.[2] Catalog proof: Virtual instances need dedicated resources and a flexible deployment right to be supported.
Cloud / BYOL
For Cloud Services the SLA is “set forth in the Documentation”. SLA credits, other credits and pro-rata refunds are made through the Forescout Partner and are the customer’s “sole and exclusive remedy”.[1] Forescout may enhance a Cloud Service but “will not materially reduce the core functionality” of it, subject to the End-of-Life Policy.[1] The Cloud Services Description lets Forescout limit Cloud Service use to the licensed Endpoint Count when there is Overage.[7]
Programs
- Renewals. “Usage Rights in Products acquired on a subscription basis will not automatically renew”. If they are not renewed, they end with the current Term.[1] Forescout reserves the right to change the EULA on its own by notice in the Customer portal. A change takes effect “immediately upon commencement of the new Term”.[1] Catalog proof: Subscriptions do not auto-renew.
- Authorized Third Parties. Customers may let Authorized Third Parties (their Users, Affiliates, Forescout Partners and those parties’ users) “host or access the Products and Services or Usage Rights on your behalf”. The customer is responsible for their compliance.[1] Assignment needs the other party’s consent, but Forescout may assign to an Affiliate or an acquirer.[1] Catalog proof: Authorized Third Parties may host or access on the customer's behalf.
- Evaluation Products. Trial use ends at the earliest of the registration period, the start of a purchased subscription or termination by Forescout. Unreturned Evaluation Products or Appliances “may be invoiced for the list price”.[1] The separate Evaluation License Agreement allows “one (1) copy of the Software solely as installed on the Hardware or downloaded electronically”. It charges list price for Hardware not returned “within thirty (30) days after the end of the Evaluation Period”.[5] Catalog proof: Unreturned evaluation products may be invoiced at list price; Evaluation hardware must be returned within 30 days.
- End of life (2023-03-31). Major and minor Software releases get Full Support for 24 months, then Limited Support for Severity 1 and 2 issues for 12 months. Software updates end 36 months after GA, the “Last Day of Support”. After an EOL Notification Date, “No subscriptions, term-based licenses or Cloud Services (including renewals) with a Term extending beyond the Last Day of Support will be sold”. eyeExtend modules reach end of life with the platform version they run on.[3] Catalog proof: Software releases get 24 months Full Support and 12 months Limited Support; No term licences or subscriptions sold past the Last Day of Support.
- Hardware lifecycle. Defective Appliances are replaced for five years from the original Shipment Date. The FS-HW-4130-OT and FS-HW-4130-IT models get three years. The clock does not restart when an RMA unit is received.[3] For Hardware past that Support Period, RMA requires an agreed Special Support Period and the FS-EOL-HW-1-1Y-SUB SKU.[4] Catalog proof: Appliance hardware is replaced for five years from shipment; Hardware past end of Support Period needs FS-EOL-HW for RMA.
- EOL credits. If a prepaid Product becomes end of life during the Term and Forescout has no substantially similar Product, it credits “any unused portion of the prepaid fee”. The credit can be used towards future purchases and is the customer’s sole remedy.[1] Catalog proof: Prepaid fees for EOL Products are transitioned or credited.
Governing law. The EULA is governed by Delaware law for customers in the United States, Latin America and the Caribbean. It is governed by New South Wales law for Australia, by Ontario law for Canada and by Irish law for Europe, Africa, the Middle East and the rest of the world. US public-sector bodies are governed by the law of their own jurisdiction.[1]
Out of scope
This article does not cover data protection terms, the Data Processing Agreement, confidentiality or indemnity in detail, nor the MSP Support Services Policy and the Not for Resale License Agreement for partners. Both partner documents are listed on Forescout’s legal page.[6]