Term of Use

Preamble

These general conditons of use discusses how the samples will be processed and / or malicious URLs sent to the laboratory CRDF Labs. They also affect the sending and processing of samples or URLs that can be potentially malicious through the CRDF Sandbox.

MPORTANT-READ THESE TERMS CAREFULLY BEFORE SUBMITTING FILES TO CRDF Labs FOR MALWARE ANALYSIS ("SERVICES"). BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO THEM.

These terms and conditions ("Terms") govern the relationship between you and CRDF France ("CRDF Labs") with respect to your use of the Services.

Use of Services

You agree to submit files to CRDF Labs only for the purpose of malware analysis. You agree that you shall have no right to any file after its submission and that all submissions shall be deemed NOT CONFIDENTIAL. CRDF Labs may use submitted files and the results of its test in any manner it sees fit and you grant CRDF Labs an irrevocable license to modify, use, display, perform, reproduce, transmit, and distribute any submitted files. You agree that all testing shall be conducted in CRDF Labs's sole and absolute discretion. CRDF Labs does not guarantee that a report will be generated for each file submitted. CRDF Labs does not guarantee that a generated report will be accurate or that CRDF Labs will detect all malware. Any generated report shall be solely owned by CRDF Labs.

Use of Services

You agree to submit files to CRDF Labs only for the purpose of malware analysis. You agree that you shall have no right to any file after its submission and that all submissions shall be deemed NOT CONFIDENTIAL. CRDF Labs may use submitted files and the results of its test in any manner it sees fit and you grant CRDF Labs an irrevocable license to modify, use, display, perform, reproduce, transmit, and distribute any submitted files. You agree that all testing shall be conducted in CRDF Labs's sole and absolute discretion. CRDF Labs does not guarantee that a report will be generated for each file submitted. CRDF Labs does not guarantee that a generated report will be accurate or that CRDF Labs will detect all malware. Any generated report shall be solely owned by CRDF Labs.

License to use data from CRDF Threat Center

By using the Service and using any data from CRDF Threat Center, you must comply with the license and the policy regarding the use of data from the said Service.

All data from the CRDF Threat Center must comply with the following license: Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0).

Any use of data for commercial purposes, without paternity, without authorization or by disclosing information to the public is strictly prohibited. CRDF Labs reserves the right to sue any person who does not respect the conditions of the Service.

Restrictions

You agree to not use the Services to:

  1. engage in unlawful activity or to use the Services in an unlawful manner
  2. use the Services in any manner that is likely to damage, disable, overburden or impair the Services (excluding the submission of malware to CRDF Labs);
  3. use automated scripts to collect information from or otherwise interact with the Services;
  4. transmit content that would reasonably be considered harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  5. impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
  6. transmit any private information; or
  7. transmit content that would constitute or encourage criminal offense, violate the rights of any party, create liability for CRDF Labs, or violate any local, state, national or international law.

Disclaimer of Warranties

ANY USE OF THE SERVICES IS AT YOUR OWN RISK AND The SERVICES may NOT OPERATE AS INTENDED. CRDF Labs, ITS AFFILIATES, AND THEIR LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY USE OF THE SERVICES. THE SERVICES MAY NOT OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION. CRDF Labs MAKES NO REPRESENTATIONS THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRDF Labs DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CRDF Labs DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE.

Limitation of Liability

CRDF Labs, ITS LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RELATED TO THE USE OR INABILITY TO USE THE SERVICES. CRDF Labs WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) EVEN IF CRDF Labs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION UNDER ALL LEGAL THEORIES, INCLUDINGTHEORIES OF CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, NEGLIGENCE, AND OTHER TORTS. To the extent that your jurisdiction does not allow the limitation of exclusion of liability for incidental or consequential damages, this exclusion may not apply to you. In such circumstances, CRDF Labs's liability shall be limited to a maximum of the minimum allowable liability in that jurisdiction.

Indemnity

You agree to release, indemnify, defend and hold harmless CRDF Labs and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (a) your breach of these Terms, (b) falsehoods or misrepresentations of fact by you, or (c) your use or misuse of the Services. CRDF Labs has the right to participate in any defense of a third-party claim related to your use of the Services, with counsel of our choice. You shall have sole responsibility to defend CRDF Labs against any claim, but you must receive CRDF Labs's prior written consent regarding any related settlement. The terms of this paragraph will survive these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of New Jersey, United States of America, without regard to any conflicts-of-law rules. You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of New Jersey and waive any right you may have to object to or seek to change such jurisdiction or venue.

Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unenforceable or illegal, such provision shall be modified to the minimum extent necessary to make the provision enforceable. The remainder of the Terms shall remain in full force and effect.

Force Majeure

CRDF Labs is not responsible for any cessation, interruption or delay in the operation of the Services or performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named.

Amendments

Any waiver of these Terms shall only be effective if it is in writing and signed by both parties. CRDF Labs may change the Terms and the Services without prior notice to you. You should check the Terms each time you use or access the Services. Your use of the Services after any changes to the Terms constitutes your acceptance of the new Terms. Section headings are for convenience only and shall not be considered in the interpretation of these Terms.

ACCEPTANCE

BY USING THE SERVICES AND CLICKING "SUBMIT", YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS HEREIN. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Sharing Datas

CRDF Labs works with partners who have access to the database files, URLs and / or malicious resources. A sample sent through our systems will be analyzed by automated analysis systems to determine their interest. According to their interests, the resource can be analyzed manually by one of our experts to add to our database. Please keep in mind that a confidential file should not be sent through our systems because it is shared with our partners.

Files and URLs sent to CRDF Threat Center Service will be shared with antivirus vendors and security companies so as to help them in improving their services and products. We do this because we believe it will eventually lead to a safer Internet and better end-user protection.

By default any file/URL submitted to CRDF Threat Center Service which is detected by at least one scanner is freely sent to all those scanners that do not detect the resource. Additionally, all files and URLs enter a private store that may be accessed by premium (mainly security/antimalware companies/organizations) CRDF Threat Center Service users so as to improve their security products and services.

Management of false positives by CRDF Labs

Any declaration of a positive implies acceptance of the conditions of use of this.

The procedure of reporting a false positive allows a user, a company or a user to ask CRDF Labs to review the classification of its website. All websites contained in the CRDF Threat Center database are considered to violate our detection criteria.

Only the form accessible from our Website ("https://threatcenter.crdf.fr") makes it possible to declare a false positive to CRDF Labs. Any other way to report a false positive will not be taken into account and will be ignored. Once you have declared a false positive, the system will automatically assign you a reference that will allow us to trace your request. Without this reference number, please do not contact us because we will not be able to process your request. After submitting your false positive statement, you will have an answer within 24 hours. A decision will be made to tell you if your website is removed from our database. If you do not agree with this decision, you can contact us with your reference number to justify your motivation and discuss with us this refusal.

CRDF Labs never gives more information about a website considered contrary to our detection criteria. CRDF Labs is not intended to provide any evidence that a website is against our detection criteria. The purpose of CRDF Labs is to protect its users against security risks associated with a browser over the Internet.

Changes to these Terms of Use

These Terms and Conditions may be subject to change. The Customer is to keep abreast of future changes. In the event that the Customer notify CRDF its refusal of changes, such refusal would carry notice of termination of under this contract.

Applicable laws and Courts competent

The interpretation and enforcement of these Terms and all acts that the result will be subject to French law. In case of dispute concerning the interpretation and enforcement of these, and Failing an amicable solution, exclusive jurisdiction is given to the competent courts.