PLEASE READ THE FOLLOWING STATEMENT CAREFULLY. THESE TERMS AND CONDITIONS for BITDEFENDER THREAT INTELLIGENCE SOLUTIONS (the “TERMS”) are entered between Bitdefender (“Bitdefender’) and Customer or Client, hereinafter referred together as “Parties” and individually as “Party”.

These Terms and Conditions for Bitdefender Threat Intelligence Solutions together with the Purchase Order(s) as defined below, are governed by the terms and conditions of the  MASTER SERVICE AGREEMENT FOR BITDEFENDER BUSINESS SOLUTIONS AND SERVICES available at: https://www.bitdefender.com/en-us/site/view/eula-business-solutions (“MSA”) and its applicable exhibits and any applicable policies and guidelines as made available by Bitdefender constitute the entire understanding of the Parties, (“Agreement”) for use of the Bitdefender Threat Intelligence Solutions and any other associated services provided by Bitdefender, hereinafter.

In case of conflict among the Terms, Purchase Orders and MSA, these Terms shall prevail.

THE PERSON ACCEPTING THESE TERMS AGREE THAT IT HAS THE CAPACITY AND AUTHORITY TO BIND CLIENT, AND THAT CLIENT HAS UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS INCLUDED HEREINAFTER.

IF CLIENT DOES NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE BITDEFENDER THREAT INTELLIGENCE. BY CONTINUING, BY USING OR BY INITIATING ANY DISCUSSION WITH BITDEFENDER IN ANY WAY, THE CLIENT (EITHER AS AN INDIVIDUAL OR AS AN ENTITY) IS INDICATING COMPLETE UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF CLIENT DOES NOT AGREE TO ALL OF THESE TERMS, PLEASE SEND AN EMAIL OF REFUSAL TO: {tvp{URecjqx%stut}st#]r~|.

1. DEFINITIONS

1.1. “Bitdefender IntelliZone Portal” is a cloud-based user interface solution, used to explore Bitdefender Threat Intelligence Solutions, and may include associated media, printed materials, and any Documentation or any software updates and technical support.

1.2. “Bitdefender Threat Intelligence Solutions” means Threat Intelligence Feeds, Threat Intelligence API, Sandbox Services: Analysis or Detection, as well as Bitdefender IntelliZone Portal further detailed and agreed in the Commercial Documentation such as agreements or purchase order as may be the case.

1.3. Bitdefender Cloud Communication Protocol” means the communication protocol described in Documentation which should be used to communicate with Bitdefender cloud service. For the avoidance of any doubt, the documented communication protocol should be deemed as a prerequisite for the purpose of the Client communicating with the Bitdefender Cloud Service. The Client is responsible for implementing this protocol. 

1.4.   Commercial Documentation” means the Agreement as applicable the Purchase Order signed by Client with Bitdefender or any other orders signed with its authorized channel resellers or distributors as may be the case.

1.5.   Client”/ “Customer” refers to an entity that has accepted or executed these Terms and ordered Bitdefender Threat Intelligence Solutions and/or related services from Bitdefender or its authorized channel resellers or distributors if the case. An employee or other agent, including a channel reseller or contractor, of this Client, which accepts these Terms and/or uses Bitdefender Threat Intelligence Solutions must be a representative of the entity and must accept these Terms on behalf of the Client before the Bitdefender Threat Intelligence Solutions may be used. Please print these Terms and Agreement and retain a copy electronically.

1.6.    “Documentation” means any explanatory materials whether in printed, electronic, or online form accompanying the Bitdefender Threat Intelligence Solutions.

1.7.    “User” means Client’s employees, independent consultants or any other individual of Client’s organization who uses or has access to or benefits from the Bitdefender Threat Intelligence Solutions provided to Client.

1.8.    “Internal Use” means the rights granted under section 2.1.

1.9. “Providing Services Use” means the rights granted under section 2.2. 

1.10. “Purchase Order” means the order signed by the Client and Bitdefender which is governed by these Terms, the MSA and which together with them, forms the Agreement between Client and Bitdefender.

1.11. “Threat Intelligence Feeds” means the feeds offering such as Bitdefender IP Feed, Bitdefender Web Feed, Bitdefender File Feed, Bitdefender IP Blocklist or as generally made available by Bitdefender and described on its websites and/or agreed in the Commercial Documentation.

1.12 “Sandbox Services”: means the Sandbox Malware Analysis and Sandbox Malware Detection.

1.13. “Sandbox Malware Analysis” is a cloud-based service which analyzes potentially harmful software in a Bitdefender controlled virtual environment, while observing the behavior of the malware and determining its intent. As a result, the service returns an analysis report for the submitted files or URLs.

1.14. “Sandbox Malware Detection” is a cloud-based service analyzing potentially harmful software in a Bitdefender cloud which will utilize various algorithms in order to recognize the files or URLs which are known to be malicious or clean and could have the potential to be malicious. If the file or URL could be classified by such algorithms alone as malicious or clean, a quick verdict will be returned without the file or URL being detonated. If a verdict is not returned during this phase, the file or URL will be executed in a controlled virtual environment, while observing the behavior of the malware and determining its intent. As a result, Sandbox Malware Detection returns a verdict for the analyzed files and an analysis report for the malicious files.

1.15. “Threat Intelligence API” means the functionality available from Bitdefender cloud service, which Client can query using Bitdefender Cloud Communication Protocol for a specific threat indicator, and receive from the service a corresponding response if such Threat Intelligence is available or not in the Bitdefender databases.

1.16. “Threat Intelligence Data” means the curated information on cyber threats in a machine-readable form including but not limited to information about malicious indicators such as URLs, Domains, IPs, files, Vulnerabilities, Control & Command servers, and Advanced Persistent Threats.

1.17. “Validity Period” refers to a limited period of time during which the Client will have the right to access and use Bitdefender Threat Intelligence Solutions as stated in the Purchase Order and which shall start the effective date of the Purchase Order, regardless of whether it is used or not.

2. RIGHTS GRANTED AND RESTRICTIONS

2.1. For Internal Use Rights. If stated in the Commercial Documentation and upon Bitdefender’s acceptance of the order and in consideration of the fees paid by Client and the successful receipt of the corresponding payment by Bitdefender or its authorized channel resellers or distributors, Bitdefender grants the Client a limited, non-exclusive, non-transferable, non-sublicensable access and use right of Bitdefender Threat Intelligence Solutions, solely on Client behalf and Client’s benefit without the right to market, distribute, resell or exhibit outside Client’s organization. For clarification purposes, internal use does not include access or use: (i) for the benefit of any person or entity other than Client or (ii) in any event, for the development of any kind of product or service. The right to access and use is limited to the quantities specified in the Commercial Documentation in accordance with any applicable Documentation during the applicable Validity Period.

2.2. For Providing Services Use. If stated in the Purchase Order signed with Bitdefender, and upon Bitdefender’s acceptance of the order and in consideration of the fees paid by Client and the successful receipt of the corresponding payment by Bitdefender, Bitdefender grants Client the limited, non-exclusive, non-transferable, non-sublicensable right to access and use Bitdefender Threat Intelligence Solutions solely for providing security managed services as specified in Purchase Order as a Client Service to the end users of the Clients which are allowed to use it for their Internal Use based on an agreement with Client. The Service Providing Use is limited to the applicable Validity Period and only in accordance with any applicable Documentation.

By way of clarification, Providing Services Use does not include the right of access or use: (i) for the benefit of any person or entity other than end users of the Client or (ii) in any event, for the development of any kind of product or service other than Client Service stated in the Purchase Order. The access and usage rights are limited to the quantities specified in the Commercial Documentation in accordance with any applicable Documentation during the applicable Validity Period.

2.3. Limitations of rights granted.

2.3.1 Fair Usage conditions.

For this purpose, Client may allow a permitted number of Users to use Bitdefender Threat Intelligence Solutions and Client is responsible for their compliance with these Terms in such use, as applicable in accordance with the rights granted to the Client within the Purchase Order signed with Bitdefender

Client shall access and use Bitdefender Threat Intelligence Solutions according to the agreed use cases and agrees not exceed the entitlements and limits of the usage rights  as specified herein or in the Documentation.

2.3.2 Usage Restrictions:

Client is not allowed to:

(a)   overload Bitdefender Threat Intelligence Solutions beyond the normal usage as specified in the Entitlement and Limits of Usage Rights section, or as separate agreed in a Purchase Order signed with Bitdefender;

(b) perform any kind of stress testing on Bitdefender Threat Intelligence Solutions;

(c) conduct any kind of penetration testing on Bitdefender Threat Intelligence Solutions such as port scanning, vulnerability scanning, traffic replay or others;

(d) attempt to access Bitdefender Threat Intelligence Solutions which requires authorization, with missing or modified authorization tokens or in a way other than utilizing Cloud Communication Protocol. Client shall prevent disclosure of the Access Key;

(e) make any changes or alter anyhow Threat Intelligence Data received from Bitdefender Threat Intelligence Solutions. Bitdefender Threat Intelligence Solutions and Threat Intelligence Data are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Bitdefender Threat Intelligence Solutions and Threat Intelligence Data are not licensed, nor sold. These Terms only give Client specific rights to use the Bitdefender Threat Intelligence Solutions and Threat Intelligence Data for Internal Use unless specific agreed in writing within a Purchase Order signed with Bitdefender;

(f) transfer or sublicense Bitdefender Threat Intelligence Solutions nor the Threat Intelligence Data to another person or legal entity; Client shall not rent, lease, loan, auction, or resell Bitdefender Threat Intelligence Solutions and Threat Intelligence Data nor modify, translate, or create derivative works, reverse engineer, decompile, or disassemble Bitdefender Threat Intelligence Solutions, in whole or in part, or otherwise attempt to reconstruct or discover the source or object code or underlying ideas, algorithms, file formats, programming or interoperability interfaces (or if the law permits any such action, Client agree to provide at least ninety (90) days written notice in advance);

(g)  permit third parties to benefit from the use or functionality of Bitdefender Threat Intelligence Solutions and Threat Intelligence Data via a time-sharing, service bureau or other arrangement or as part of any other hosted or platform service that permits either access to or use of Bitdefender Threat Intelligence Solutions and Threat Intelligence Data, whether on a specific fee basis or otherwise. These Terms only give Client specific rights to use Bitdefender Threat Intelligence Solutions and Threat Intelligence Data for Internal Use unless specific agreed in written within a Purchase Order signed with Bitdefender. Client shall not use the Bitdefender Threat Intelligence Solutions and Threat Intelligence Data in such a way as to permit any End User to abuse the Bitdefender Threat Intelligence Solutions and Threat Intelligence Data to create derivative technologies or services;

(h) remove any proprietary notices or labels on Bitdefender Threat Intelligence Solutions and Threat Intelligence Data and Client may not disclose results of any program benchmark tests without Bitdefender’s prior written consent;

(i) may not, (a) modify, block, circumvent or otherwise interfere with any authentication, license key or security measures in the Bitdefender Threat Intelligence Solutions, (b) distribute, license, sublicense, lease, sell, rent, loan, mortgage, encumber, auction, or otherwise transfer or provide a copy of any Bitdefender Threat Intelligence Solutions (or components thereof including any license or access key or authorization to any third party; (c) publish, provide, or otherwise make available to any third party, any competitive, performance, or benchmark tests or analysis relating to the Bitdefender Threat Intelligence Solutions without the written permission of Bitdefender which may be withheld or conditioned at the sole discretion of Bitdefender; (d) deploy or use Bitdefender Threat Intelligence Solutions in any manner other than as expressly permitted in its Documentation; or (e) attempt to do any of the foregoing;

(j)  knowingly take any actions that would target specifically Bitdefender customers as potential Users. Further, Client shall not promote or advertise any awards, certifications or other third-party acknowledgments that may pertain to Bitdefender or any of its products or services. The Client agrees it shall not engage in any misleading or unethical business practices and shall not mask, frame, overlay, impair or otherwise materially alter the images, information, perception, service quality or security measures obtained from Bitdefender.

Client is responsible for obtaining all necessary rights and permissions from Users to use their data with Bitdefender Threat Intelligence Solutions.

Moreover, a use of Bitdefender Threat Intelligence Solutions, is not allowed to lead to (i) any disclosure of any entity name affected or compromised by cyberthreats unless such disclosure is made exclusively to the affected or compromised entity itself; or (ii) unlawfully identifying and attacking. Notwithstanding anything to the contrary herein, such disclaimer is allowed strictly and solely if said usage is explicitly stated as a valid and intended use-case within the  scope of the Agreement or allowed by a legal authority. 

2.3.3 ENTITLEMENTS AND LIMITS OF THE USAGE RIGHTS

Unless otherwise agreed in the Commercial Documentation the following entitlements and limits shall apply:

3. UPDATES

3.1. Client shall comply with the payment obligations for Bitdefender Threat Intelligence Solutions or have an active subscription, as applicable, to receive Updates or Upgrades.

4. TERM OF USAGE

4.1. Client will receive Bitdefender Threat Intelligence Solutions based on the subscription acquired and Client will have certain rights to access and use Bitdefender Threat Intelligence Solutions during the Validity Period as stated in the Purchase Order, The rights granted to the Client shall remain in effect for the period of time set forth in the applicable Commercial Documentation or the applicable order entered into with Bitdefender or its distributor or channel reseller from which the Client acquired the Bitdefender Threat Intelligence Solutions. Bitdefender Threat Intelligence Solutions may be automatically deactivated at the end of the Validity Period and Client will not be entitled to receive any feature or content updates to the Bitdefender Threat Intelligence Solutions.

4.2. Also, if Client does not continue to abide by the terms of this Agreement, Client acknowledges that doesn’t have any right to use Bitdefender Threat Intelligence Solutions and agrees with the termination of the Agreement and will uninstall and not use Bitdefender Threat Intelligence Solutions forthwith.

4.3. Bitdefender reserves the right to stop supporting Bitdefender Threat Intelligence Solutions or a version of Bitdefender Threat Intelligence Solutions or discontinue Bitdefender Threat Intelligence Solutions or Bitdefender Threat Intelligence Solutions features, subject to the End-of-support policy published on its websites.

4.4. The Bitdefender Threat Intelligence Solutions downloaded or accessed through the Splunkbase will also be governed by special terms and conditions which are available here: https://cdn.splunkbase.splunk.com/static/misc/eula.html. 

4.5. Bitdefender may revise these Terms, MSA at any time and the revised terms shall automatically apply to the corresponding versions of Bitdefender Threat Intelligence Solutions distributed with the revised terms. If any part of the Agreement is found to be invalid and unenforceable, it will not affect the validity of the rest of the Terms and MSA, which shall remain valid and enforceable. In the event of any conflict or inconsistency between translations of the Agreement to other languages, the English version issued by Bitdefender shall prevail.

Any additional, conflicting, or different terms or conditions proposed by Client in any of Commercial Document (such as an Order/s), are hereby rejected by Bitdefender and excluded here from, unless agreed and signed by Bitdefender.