1.
BACKGROUND. Max Secure Software offers a
free service whereby its customers may submit sample
files containing suspected threats for analysis. By
submitting a sample file for analysis, you agree to
be bound by these terms and conditions.
2. What is A THREAT?
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.
3. SUBMITTING A SAMPLE FILE
FOR ANALYSIS. You must submit a copy of your
sample file to Max Secure Software for analysis using
the methods of submission specified by Max Secure
Software from time to time.
You warrant that, in submitting a File to Max Secure
Software for analysis, you have the requisite rights
to submit the file to Max Secure Software 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 Max Secure Software. Max Secure Software does not
warrant that it will commence or complete the Analysis
of the File within any particular time frame. However,
Max Secure Software will use its reasonable endeavors
to complete the Analysis within 24 hours from the
time that Max Secure Software receives the File and
any other information which Max Secure Software requests
from you to complete its analysis.
5. YOUR INDEMNITY.
You agree to indemnify Max Secure Software and keep
Max Secure Software indemnified against any loss,
cost, expense or damage (including full legal costs)
which Max Secure Software 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 Max Secure Software by a third party
claiming that Max Secure Software’s analysis
and/or use of the File infringes any rights of the
third party.
6. PUBLICITY. You
agree that Max Secure Software may acknowledge your
use of the Max Secure Software’s Research Lab
publicly and may publish details of any Analysis of
the File on its website and/or through any media releases.
7. 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, trademarks, 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 Max Secure Software
under this Agreement or in relation to this Agreement
will be owned by Max Secure Software and/or its affiliates.
You agree that you have no claim or ownership over
such intellectual property rights.
8. HOW YOU CONTACT US.
If you need further assistance, if you have any questions
or concerns, or if you would like to modify your personally
identifiable information in any way, you may send
an RFI - (request of information) using the form provided
in the contact
us section.
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