ThreatExpert
TERMS AND CONDITIONS OF USE
1. BACKGROUND

THREAT EXPERT LTD (“ThreatExpert”) offers a free service whereby its customers may submit sample files containing suspected threats for analysis by the ThreatExpert automated threat analysis system (“ThreatExpert System”). Further information on the ThreatExpert System is available from www.threatexpert.com.

By submitting a sample file for analysis by ThreatExpert (“Analysis”), you agree to be bound by these terms and conditions (“Agreement”).

2. What is A THREAT?

For the purposes of this Agreement and for the purposes of the ThreatExpert System, a threat is defined to mean any malicious software of any kind including, without limitation, spyware, adware, Trojans, computer viruses, worms, and other security-related risks (“threats”).

3. SUBMITTING A SAMPLE FILE FOR ANALYSIS

You must submit a copy of your sample file (“File”) to ThreatExpert for analysis by the ThreatExpert System using the methods of submission specified by ThreatExpert from time to time.

You warrant that, in submitting a File to Threat Expert for analysis, you have the requisite rights to submit the file to Threat Expert and that submitting the file will not breach the rights (including, without limitation, any intellectual property rights) of any third party.

4. ANALYSIS

The Analysis will take place on dates and times determined by ThreatExpert. Threat Expert does not warrant that it will commence or complete the Analysis of the File within any particular time frame. However, ThreatExpert will use its reasonable endeavours to complete the Analysis within 24 hours from the time that ThreatExpert receives the File and any other information which ThreatExpert requests from you to complete its analysis.


5. USE OF REPORTS

Upon Analysing the File, a report will be generated and provided to you in the manner nominated by ThreatExpert from time to time (“Report”). All content contained in the Report is the copyrighted work of ThreatExpert and its affiliates. ThreatExpert may reuse the Report in any way it sees fit in its sole and absolute discretion.

You are permitted to reprint the whole or part of the Report, provided that the reprint:

(a) clearly and prominently states that the content was created by ThreatExpert;
(b) contains a link to www.threatexpert.com; and
(c) includes the following copyright attribution statement: "Reprinted with permission from ThreatExpert."

6. FEES

Unless otherwise specified by ThreatExpert to the contrary, the Analysis and Reports are provided free of charge.

7. YOUR INDEMNITY

You agree to indemnify ThreatExpert and keep ThreatExpert indemnified against any loss, cost, expense or damage (including full legal costs) which ThreatExpert suffers or incurs as a direct or indirect result of:

(a) any breach of this Agreement by you; or
(b) any action, claim, proceeding or demand instituted or made against ThreatExpert by a third party claiming that ThreatExpert’s analysis and/or use of the File infringes any rights of the third party.

8. PUBLICITY

You agree that ThreatExpert may acknowledge your use of the ThreatExpert System publicly and may publish details of any Analysis of the File on its website and/or through any media releases.

9. INTELLECTUAL PROPERTY RIGHTS

For the purposes of this Agreement, the term “intellectual property rights” will mean all intellectual property rights of any kind whatsoever throughout the world, whether existing now or in the future, including, without limitation, all rights in copyright, trade marks, patents and designs (whether or not such rights are registered or not).

You acknowledge and agree that the intellectual property rights and all rights in any test results, Reports or other materials generated by ThreatExpert under this Agreement or in relation to this Agreement will be owned by ThreatExpert and/or its affiliates. You agree that you have no claim or ownership over such intellectual property rights.

10. LIMITATION OF LIABILITY

You hereby acknowledge that the analysis and report generated by the ThreatExpert System cannot be guaranteed error free or free of any defects. In particular, Threat Expert does not guarantee that the ThreatExpert System will detect and/or report all threats or correctly detect or report any threat contained in any File submitted by you. You agree that you will use your independent judgement in your analysis of the contents of any Report and will not rely on the results of any Report for any purpose. You make use of the contents of any Report at your own risk.

In the event any terms, conditions, representations or warranties are implied by statute, common law or equity (“Prescribed Terms”) into these terms and conditions which cannot be lawfully excluded, such Prescribed Terms will apply, save that ThreatExpert’s liability for breach of any such Prescribed Terms will be limited, to the extent permitted by law, at ThreatExpert’s option, to any one or more of the following:

(a) in the case of goods:
(i) the replacement of the goods to which the breach relates or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

If ThreatExpert’s liability for breach of any Prescribed Terms are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.

Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms and conditions:

(a) ThreatExpert makes no warranties in relation to the Analysis or the content of any Reports, including warranties as to the performance or fitness for purpose of the Analysis or the Reports (other than ThreatExpert is entitled to grant to you the right to use the ThreatExpert System as set out in these terms and conditions); and
(b) you will not under any circumstances have any cause of action against, or right to claim or recover from ThreatExpert for or in respect of any loss, damage or injury arising from the use of the ThreatExpert System, any Analysis, any Report, or any breach of these terms and conditions.

ThreatExpert will not be liable for any indirect or consequential damages (including loss of profits, loss of data or economic loss) arising out of a breach of these terms and conditions, arising from your use of the ThreatExpert System or arising out of the supply of a defective Report. You agree that if ThreatExpert is in breach of this Agreement, the maximum aggregate liability of ThreatExpert to you for any and all breaches of this Agreement will be the total amount of the fees (if any) paid by you to ThreatExpert under this Agreement. If no amounts are paid to Threat Expert by you under this Agreement, then the maximum aggregate liability of Threat Expert to you for any and all breaches of this Agreement will be capped at US $1.

You acknowledge that you have exercised your independent judgment in using the Threat Expert System and any Report and have not relied upon any representations made by ThreatExpert which have not been stated expressly in these terms and conditions or upon any descriptions or illustrations or specifications contained in any document, including catalogues or publicity material produced by ThreatExpert.

11. GENERAL CLAUSES

No failure or omission to carry out or observe any term of this Agreement will give rise to a claim by you against ThreatExpert or result in a breach of this Agreement by ThreatExpert if such failure or omission arises by reason of delay or inability to perform caused by technology failure, communications failure, war, whether declared or not, civil rebellion, strike, fire, storm or other severe action of the elements, accident, government or statutory restriction or from other similar causes which are unavoidable or beyond the reasonable control of ThreatExpert.

A provision of or a right created under this Agreement may not be waived or varied except in writing signed by the party or parties to be bound by the waiver or variation. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.

ThreatExpert may transfer its rights and obligations under this Agreement to any person with or without notice to you. You must not assign your rights or obligations under this Agreement without ThreatExpert’s prior written consent (which may be withheld).

12. GOVERNING LAW AND JURISDICTION

This Agreement will be construed in accordance with and will be governed by the laws in force in the Republic of Ireland. You irrevocably submit to and accept the exclusive jurisdiction of the Courts of the Republic of Ireland.