THREATFIRE FILE SUBMISSION PROCESS
TERMS AND CONDITIONS
1. BACKGROUND
PC TOOLS LTD (“PC Tools”) offers a free service (“ThreatFire File Submission Process”) whereby its customers may submit sample files for analysis by the PC Tools ThreatFire research team. You may submit sample files containing suspected threats, or files that you believe are legitimate applications, but which ThreatFire is alerting on, in error. Further information on ThreatFire is available from www.threatfire.com.
By submitting a sample file for analysis by PC Tools (“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 ThreatFire File Submission Process, 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 PC Tools for analysis by the ThreatFire File Submission Process using the methods of submission specified by PC Tools from time to time.
You warrant that, in submitting a File to PC Tools for analysis, you have the requisite rights to submit the file to PC Tools 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 PC Tools. PC Tools does not warrant that it will commence or complete the Analysis of the File within any particular time frame.
5. FEES
Unless otherwise specified by PC Tools to the contrary, the Analysis is provided free of charge.
6. YOUR INDEMNITY
You agree to indemnify PC Tools and keep PC Tools indemnified against any loss, cost, expense or damage (including full legal costs) which PC Tools suffers or incurs as a direct or indirect result of:
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any breach of this Agreement by you; or |
| (b) |
any action, claim, proceeding or demand instituted or made against PC Tools by a third party claiming that PC Tools’ analysis and/or use of the File infringes any rights of the third party. |
7. PUBLICITY
You agree that PC Tools may acknowledge your use of the ThreatFire File Submission Process publicly and may publish details of any Analysis of the File on its website and/or through any media releases.
8. 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, or other materials generated by PC Tools under this Agreement or in relation to this Agreement will be owned by PC Tools and/or its affiliates. You agree that you have no claim or ownership over such intellectual property rights.
9. LIMITATION OF LIABILITY
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 PC Tools’ liability for breach of any such Prescribed Terms will be limited, to the extent permitted by law, at PC Tools’ option, to any one or more of the following:
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in the case of goods: |
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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 |
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| (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. |
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If PC Tools’ liability for breach of any Prescribed Terms is 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) |
PC Tools makes no warranties in relation to the Analysis, including warranties as to the performance or fitness for purpose of the Analysis (other than PC Tools is entitled to grant to you the right to use the Threat Fire 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 PC Tools for or in respect of any loss, damage or injury arising from the use of the Threat Fire System, any Analysis, or any breach of these terms and conditions. |
PC Tools 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 or arising from your use of the ThreatFire File Submission Process. You agree that if PC Tools is in breach of this Agreement, the maximum aggregate liability of PC Tools to you for any and all breaches of this Agreement will be the total amount of the fees (if any) paid by you to PC Tools under this Agreement. If no amounts are paid to PC Tools by you under this Agreement, then the maximum aggregate liability of PC Tools 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 ThreatFire File Submission Process and have not relied upon any representations made by PC Tools 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 PC Tools.
10. 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 PC Tools or result in a breach of this Agreement by PC Tools 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 PC Tools.
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.
PC Tools 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 PC Tools’ prior written consent (which may be withheld).
11. 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.
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