FIREEYE, INC.’S
STATEMENT OF WORK
This Statement of Work (this “SOW”) is made and entered into by and between FireEye, Inc., (“FireEye”) and
_______________ (“Company”). This SOW is governed by, incorporated into, and made part of the terms of the Master Services
Agreement (“Agreement”) executed between FireEye and Company which has an Effective Date of ____________, 20__. All
terms used and not otherwise defined shall have the meaning given such terms in the Agreement.
1.
Purpose. (Please explain the purpose of this project)
2.
Services.
3.
Company shall provide the following Services to FireEye: (Please provide a detailed description of the Services to be
performed, along with measurable performance standards for all Services)
4.
Company Work Product.
4.1
Company shall deliver the following tangible Company Work Product. (Please provide a detailed description of the
Company Work Product)
4.2
Specifications for Company Work Product: The Company Work Product shall meet the following technical, functional,
and other specifications: (Please provide a detailed description of the Specifications)
5.
Acceptance And Testing Procedures. Specify acceptance procedures and testing criteria, which will be utilized to
determine the acceptability of the Deliverables and the period of acceptance.
Company Deliverable*
Acceptance/Testing Criteria
6.
FireEye’s Responsibilities.
6.1.
FireEye deliverables include the following:
FireEye Deliverable
6.2.
Detailed Description of FireEye Deliverable
Period of Acceptance
Due Date
Equipment and resources to be provided by FireEye:
FireEye shall provide and make available to Company, on a loan basis only while Company is performing Services under
this SOW, the following materials, documentation and equipment. Company shall return all such materials, documents,
and equipment on the earlier of the request of FireEye and final completion of the Services. All such materials,
documentation and equipment shall be considered the Confidential Information of FireEye.
FireEye, Inc. Statement of Work (Rev. 05/13)
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Equipment/Resources
7.
Detailed Description
Duration Of Work/Schedule.
Company Services under this SOW shall commence on ________, 20__ and be completed no later than ________, 20__.
Company acknowledges that TIME IS OF THE ESSENCE in the performance of its obligations under this SOW.
Accordingly, this SOW is effective as of ________, 20__ and shall remain effective until ________, 20__ unless
terminated by either party in accordance with the Agreement.
8.
Location Of Work Facilities.
Substantially all of the Services under this SOW shall be performed by Company at (Insert Company’s facility or
FireEye’s facility) or such other location or locations as FireEye shall reasonably request.
9.
Payment.
9.1
Maximum Payment Amount. Aggregate total fees under this SOW shall not exceed US $_____.00. Invoices should be
sent to: FireEye, Inc., Attn: _______________, or email________________, with a copy to the FireEye project
coordinator listed below.
9.2
Expenses. FireEye shall reimburse the following reasonable, actual and necessary expenses, provided that: (i) all
expenses must be approved by the FireEye project coordinator in advance of incurring such expense and (ii) a request for
reimbursement must be accompanied by such documentation as FireEye may request establishing the type, date, amount,
payment and purpose for such expense. The not-to-exceed amount for travel and out-of-pocket expenses shall be (US
$________.00).
9.3
Deliverables and Milestone Schedule. Company shall perform the tasks assigned by FireEye (each a “Milestone”) in
accordance with the following schedule indicating each deliverable item of Work Product (“Deliverable”), and the
associated due date and payment amount.
MILESTONE/ DELIVERABLE SCHEDULE
Milestone or Deliverable*
Amount Payable Upon Acceptance/Completion
Due Date
* These will include, but not limited to, written project plans, summary of goals, design documentation, design services,
specifications, acceptance criteria/plan, documentation, meetings, training, status reports, final completion of the project,
etc.
10.
Change Management Procedures.
10.1.
In the event it is necessary to change this SOW other than as provided in Section 5 of the Agreement, the parties will
amend this SOW to incorporate the changes.
FireEye, Inc. Statement of Work (Rev. 05/13)
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10.2
An Amendment (“Amendment”) will be executed by the parties describing the nature of the change, the reason for the
change, and the effect the change will have on the scope of work, which may include changes to the Company Work
Product. Parties will determine the additional charges, if any.
10.3
Either party for any material changes to an applicable SOW may initiate an Amendment. The requesting party will
review the proposed change with the other party, and the appropriate Authorized Representatives of the parties will sign
the Amendment, indicating the acceptance of the changes by the parties.
10.4
Upon execution of the Amendment, said Amendment will be incorporated into and made a part of the applicable SOW.
10.5
Whenever there is a conflict between the terms and conditions set forth in an Amendment and those set forth in the SOW
or previous Amendment, the terms and conditions of the most recent Amendment shall prevail.
11.
Coordinators. Company and FireEye shall designate individuals to whom all SOW communications shall be
addressed and who have the authority to act on all aspects of the project described in this SOW.
FireEye
Contact Name:
Address:
Telephone No.:
Email:
Company
1440 McCarthy Blvd., Milpitas, CA 95035
IN WITNESS WHEREOF, the authorized representatives of the parties have executed this SOW as of the date of the later
signature below.
COMPANY
FIREEYE INC.
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
FireEye, Inc. Statement of Work (Rev. 05/13)
___________________________
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