PLEASE READ THE FOLLOWING STATEMENT CAREFULLY.
ON BEHALF OF THE COMPANY YOU REPRESENT, YOU AGREE THAT YOU HAVE THE CAPACITY AND AUTHORITY TO BIND YOUR COMPANY, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS INCLUDED HEREINAFTER.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE BITDEFENDER INTELLIZONE. BY CONTINUING”, BY USING OR BY INITIATING ANY DISCUSSION WITH BITDEFENDER IN ANY WAY, YOU (EITHER AS AN INDIVIDUAL OR AS AN ENTITY) ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE SEND AN EMAIL OF REFUSAL TO: LEGAL@BITDEFENDER.COM.
This License and Services Agreement for Bitdefender IntelliZone (“Agreement”) is a legal Agreement between Bitdefender and You, for use of the Bitdefender solutions and the associated Threat Intelligence data, as well as Sandbox Cloud Analyzer and any other associated services provided by Bitdefender, hereinafter Bitdefender IntelliZone.
“You or “Your” refers to the company that has accepted or executed this Agreement and ordered Bitdefender IntelliZone and/or related services from Bitdefender or its authorized resellers or distributors.
An employee or other agent, including a reseller or contractor, of this company, which accepts this Agreement and/or uses Bitdefender IntelliZone must be a representative of the entity and must accept this Agreement on behalf of the company before the Bitdefender IntelliZone may be used. Please print this Agreement and save a copy electronically.
“Agreement“ is the legal agreement between Bitdefender and You, for use of Bitdefender IntelliZone.
“Affiliate” means any entity in which You, as applicable, owns or controls, directly or indirectly, and any parent company that owns or controls, and any of the companies the parent company controls. For purposes of this definition, “control” means the direct or indirect beneficial ownership of over fifty percent (50%) of the voting interests (representing the right to vote for the election of directors or other managing authority) in an entity.
“Beta Solution” means any trial solution and any solution marked or otherwise designated as a beta test version, irrespective of whether any payment has been made.
“Bitdefender IntelliZone” means a user interface for services provided by Bitdefender as "Threat Intelligence Services” / “TIS” and/or “Bitdefender IntelliZone Malware Sandbox” / “SBX”). This can be used as add-on only for “TIS” and/or “SBX”. Bitdefender IntelliZone may include associated media, printed materials, and any Documentation orany software updates and technical support.
“Documentation” means explanatory materials in printed, electronic, or online form that accompany the “TIS” or “SBX”.
“Sandbox Cloud Analyzer”/ “SBX” 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, “SBX” returns an analysis report for the submitted files or URLs.
“Threat Intelligence Services”/ “TIS” means Threat Intelligence on URLs, IPs, domains, file hashes, that are blacklisted due to the malicious activity they have been used for; which may include Operational Threat Intelligence Feeds, Operational Threat Intelligence APIs, Actors API, Malware family API, and Reputation Threat Intelligence Feeds hosted by Bitdefender, object code files, libraries, tools, Sample Code, Distributable Code, any Updates thereto, and all Documentation included with such items.
“Update” means an update to the data or software made available to You, at Bitdefender’s sole discretion, from time to time, but excluding any updates marketed and licensed for a separate fee.
“Upgrade” means any enhancement or improvement to the functionality of the Bitdefender IntelliZone made available to You at Bitdefender’s sole discretion, from time to time, but excluding any new versions or software and/or upgrades marketed and licensed for a separate fee.
“User” means an employee and/or independent consultant of Your entity who uses or has access to / or benefits from the Bitdefender IntelliZone licensed to You.
Upon Bitdefender’s acceptance of Your order and in consideration of the fee payment made by You and the successful receipt of the corresponding payment by Bitdefender or its authorized resellers or distributors, Bitdefender grants You the limited, non-exclusive, non-transferable right to use Bitdefender IntelliZone that You ordered solely for Your internal business operations, subject to the terms of this Agreement. For this purpose, You may allow Your Users to use Bitdefender IntelliZoneand You are responsible for their compliance with this Agreement in such use. If You receive Threat Intelligence products and services (“TI Service”), You shall use data according to the agreed use cases and it not exceeding the expected usage limits as specified in the TI Service documentation and herein. You are not allowed to:
(a) overload the Bitdefender IntelliZone beyond the normal usage;
(b) perform any kind of stress testing on the Bitdefender IntelliZone;
(c) conduct any kind of penetrative testing on Bitdefender IntelliZone such as port scanning, vulnerability scanning, traffic replay or others;
(d) attempt to access the Bitdefender IntelliZone which requires authorization, with missing or modified authorization tokens;
The Bitdefender IntelliZone is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Bitdefender IntelliZone is licensed, not sold. This Agreement only gives You some rights to use the Bitdefender IntelliZone.
License Restrictions
Under this Agreement, You may not transfer or sublicense the Bitdefender IntelliZone to another person or entity; You shall not rent, lease, loan, auction, or resell the Bitdefender IntelliZone nor modify, translate, or create derivative works, reverse engineer, de-compile, or disassemble the Bitdefender IntelliZone, 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, You agree to provide at least 90 days written notice in advance); You shall not use the Bitdefender IntelliZone to provide services to third parties or allow use or access to the Bitdefender IntelliZone by any third party other than your Users acting on Your behalf.
You may not permit third parties to benefit from the use or functionality of the Bitdefender IntelliZone via a timesharing, service bureau or other arrangement or as part of any other hosted or platform service that permits either access to or use of Bitdefender Intellizone, whether on a specific fee basis or otherwise. You may not remove any proprietary notices or labels on the Bitdefender IntelliZone and You may not disclose results of any program benchmark tests without Bitdefender’s prior written consent. If Bitdefender provides the Bitdefender IntelliZone (i) embedded, incorporated or loaded onto a physical hardware device or (ii) made available for download to a designated physical hardware device, then the license is restricted to use on that device only.
Additionally, You may not, (a) modify, block, circumvent or otherwise interfere with any authentication, license key or security measures in the Bitdefender IntelliZone, (b) distribute, license, sublicense, lease, sell, rent, loan, mortgage, encumber, auction, or otherwise transfer or provide a copy of any Bitdefender Intellizone (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 IntelliZone without the written permission of Bitdefender which may be withheld or conditioned at the sole discretion of Bitdefender; (d) deploy or use Bitdefender IntelliZone in any manner other than as expressly permitted in its Documentation; or (h) attempt to do any of the foregoing.
You must obtain all necessary rights and permissions from Your Users to use the Bitdefender IntelliZone.
Bitdefender IntelliZone Portal | |||||||
Company size (number of employees) | up to 1000 | up to | up to | up to | up to | up to | up to 100000 |
Portal accounts included | 2 | 3 | 5 | 8 | 10 | 15 | 20 |
Operational Threat Intelligence APIs calls included | 100000 | ||||||
Actors API calls & Malware family API calls included (each) | Yes | ||||||
Sandbox submissions | 50 | ||||||
Bitdefender Threat Intelligence Feeds | |
Reputation feeds | |
Peak rate limit (requests per minute) | 5 requests / minute |
Operational feeds | |
Peak rate limit (requests per minute) | 30 requests / minute |
Bitdefender Threat Intelligence Threats API | |
Peak rate limit (requests per second) | 25 requests / second |
Bitdefender IntelliZone Sandbox | |||||||
Submissions per month | 250 | 500 | 1000 | 2500 | 5000 | 10000 | 20000 |
Submissions per day | 20 | 30 | 50 | 100 | 200 | 400 | 800 |
Maximum file size (in MB) | 20 | 20 | 50 | 100 | 100 | 100 | 100 |
Portal Users included | 2 | 2 | 3 | 4 | 5 | 5 | 5 |
Operational Threat Intelligence APIs calls included | 5000 | ||||||
Actors API calls & Malware family API calls included (each) | 100 | ||||||
Bitdefender IntelliZone and any Bitdefender threat intelligence solution is designed and intended to be used in defensive security products and solutions. Any and all usage, including direct, indirect or associative usage of the intelligence provided for Offensive Security Purposes (such as, but not limited to: penetration testing, red teaming, application security & reverse engineering) is not allowed, except for particular situations, previously and explicitly allowed in writing by Bitdefender.
Moreover, all use of Bitdefender IntelliZone and any Bitdefender threat intelligence solution, is not allowed to lead to (i) any disclosure of any victims identified as a result of the usage of the threat intelligence information (including collective victims) or that could cause any damages to such victims, or (ii) unlawfully identifying and attacking the potential attackers which is strictly forbidden. Notwithstanding anything to the contrary herein, such usage is allowed strictly and solely if said usage is explicitly stated as a valid and intended use-case within the contract scope or allowed by a legal authority.
You must comply with the payment obligations for the Bitdefender IntelliZone or have an active subscription, as applicable, in order to receive Updates or Upgrades.
You will receive the Bitdefender IntelliZone based on the subscription acquired and You will have certain rights to use the Bitdefender IntelliZone during the Subscription Period, which shall begin on the date of Your initial installation of the Bitdefender IntelliZone, regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the commercial documentation or the applicable order to Bitdefender or its distributor or reseller from which You acquired the Bitdefender IntelliZone. Access to the Bitdefender IntelliZone solution is granted exclusively upon acquiring the Bitdefender Threat Intelligence or Bitdefender Intellizone Malware Sandbox solution as an add-on component. The Bitdefender IntelliZone may be automatically deactivated at the end of the Subscription Period and You will not be entitled to receive any feature or content updates to the Bitdefender IntelliZone.
Also, if You do not continue to abide by the terms of this Agreement, You acknowledge that You have no right to use the Bitdefender IntelliZone and You agree with the termination of the Agreement and to uninstall or not use the Bitdefender IntelliZone forthwith, upon You not continuing to abide by the terms of this Agreement.
Bitdefender reserves the right to stop supporting its products or a version of its products or discontinue its Products or Product features, subject to the End-of-support policy published on its websites.
If the Bitdefender IntelliZone is provided to You for evaluation purposes and You have an evaluation Agreement with Bitdefender or its authorized resellers or distributors for the Bitdefender IntelliZone, Your rights to evaluate the Bitdefender IntelliZone will be pursuant to the terms of such evaluation as mentioned on a website or in the commercial documentation. If You do not have an evaluation agreement with Bitdefender or its authorized resellers or distributors for the Bitdefender IntelliZone and if You are provided with the Bitdefender IntelliZone for evaluation purposes, section - LICENSE RIGHTS AND RESTRICTIONS, is hereby replaced with the following terms and conditions.
Bitdefender grants You a non-exclusive, temporary, royalty-free, non-assignable license to use the Bitdefender IntelliZone, solely for internal non-production evaluation. Such evaluation license shall terminate on the earlier of (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Bitdefender IntelliZone or (ii) thirty (30) days from the date of Your initial installation of the Bitdefender IntelliZone, if no such evaluation period is pre-determined (“Evaluation Period”). The Bitdefender IntelliZone may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Bitdefender IntelliZone may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon the expiration of the Evaluation Period, You will cease use of the Bitdefender IntelliZone and destroy all copies of the Bitdefender IntelliZone. All other terms and conditions of this Agreement shall otherwise apply to Your evaluation of the Bitdefender IntelliZone.
If You are a beta user, You may use Bitdefender IntelliZone for testing purposes in a non-production environment for a maximum of thirty (30) days from the date You download Bitdefender IntelliZone (the "Beta Period").
During any Evaluation or Beta Period, You can receive web or email based technical support in the country where You are located and Updates, if applicable, without any guarantee or warranty of any kind.
THE PROVISIONS OF THE SECTION, APPLY INSTEAD OF SECTION WARRANTIES WITH RESPECT TO ANY EVALUATION AND BETA SOLUTIONS.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, BITDEFENDER INTELLIZONE USED FOR TRIAL PURPOSES OR BETA SOLUTIONS IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND.
BETA DISCLAIMER
THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
WHERE LEGAL LIABILITY CANNOT BE EXCLUDED BY THIS DISCLAIMER, BUT MAY BE LIMITED, BITDEFENDER’S LIABILITY AND THAT OF ITS SUPPLIERS/LICENSORS/RESELLERS UNDER THIS AGREEMENT RELATED TO TEST SOFTWARE AND ANY APPLIANCE ON WHICH THE TEST SOFTWARE IS DEPLOYED, SHALL BE LIMITED IN THE AGGREGATE TO THE SUM OF ONE HUNDRED DOLLARS (USD$100.00) OR THE EQUIVALENT IN THE LOCAL CURRENCY.
Your right to use Bitdefender IntelliZone ends when the Evaluation or Beta Period ends or if You violate any term of this Agreement. Upon termination of the Evaluation or Beta Period, You must delete or destroy all copies of Bitdefender IntelliZone and stop using the Service. Your obligations and rights under this Agreement will continue to apply after the end of the Evaluation or Beta Period.
All rights not expressly set forth hereunder are property or reserved by Bitdefender.
Bitdefender IntelliZone may operate or interface with software or other technology that is licensed to Bitdefender from third parties, which is not proprietary of Bitdefender, but which Bitdefender has the necessary rights to license to You.
You agree that: You will use any such third party software in accordance with this Agreement; no third party licensor makes any warranties, conditions, undertakings or representations of any kind, either express or implied to You concerning such third party software or the products themselves; no third party licensor will have any obligation or liability to You as a result of this Agreement or Your use of such third party software; such third party software may be licensed under license terms which grant You additional rights or contain additional restrictions in relation to such materials, beyond those set forth in this Agreement, and such additional license rights and restrictions are described or linked to in the applicable Documentation, or within the Product itself.
For the avoidance of any doubt, such additional rights and/or restrictions apply to the third-party software on a standalone basis; nothing in such third-party licenses shall affect Your use of Bitdefender IntelliZone, either TIS or SBX, in accordance with the terms and conditions of this Agreement.
If the case, Open-Source License Terms are published within the documentation of Bitdefender IntelliZone published by Bitdefender.
In respect of the open-source software, their following stipulations shall apply to the extent expressly required by their licenses, the terms of relevant licenses (including in particular the scope of the license as well as the disclaimers of warranties and liabilities) shall apply to any respective third party software in lieu of this Agreement. Such third-party license terms relating to respective software are located in the place indicated in the software.
OPEN-SOURCE SOFTWARE IS PROVIDED BY BITDEFENDER “AS IS, WITH ALL FAULTS, AS AVAILABLE” WITHOUT (AND BITDEFENDER SPECIFICALLY DISCLAIMS) ANY GUARANTEE, CONDITION, OR WARRANTY (EXPRESSED, IMPLIED, OR OTHERWISE) OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND/OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, BITDEFENDER SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED AND/OR OTHERWISE BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OPEN SOURCE SOFTWARE, EVEN IF BITDEFENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
It is expressly understood, acknowledged, and agreed that You shall, regardless of whether or not formally requested to do so, provide to Bitdefender reasonable suggestions, comments, testimonials and feedback regarding the Bitdefender IntelliZone, including but not limited to usability, bug reports and test results, with respect to Bitdefender IntelliZone testing (collectively, "Feedback").
If You provide such Feedback to Bitdefender, You shall grant Bitdefender the following worldwide, exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of the Feedback as part of any Bitdefender IntelliZone, technology, service, specification or other documentation; (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Bitdefender IntelliZone; (iii) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by You that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Bitdefender IntelliZone, technology or service. Further, You warrant that Your Feedback is not subject to any license terms that would purport to require Bitdefender to comply with any additional obligations with respect to any Bitdefender IntelliZone.
Technical support for Bitdefender IntelliZone is included in the fees for the duration of the subscription Term. Certain technical support features may be offered by Bitdefender through its resellers for the subscription term of the Bitdefender IntelliZone as stated on Bitdefender’s website and commercial document. Technical Support shall be governed by the following conditions: Any such Technical Support shall be provided without any guarantee or warranty of any kind.
Standard Support
The terms and conditions of standard technical support for Bitdefender IntelliZone Enterprise are stated here: https://www.bitdefender.com/site/view/enterprise-support-policies.html
Bitdefender reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion in case You are in breach of Your obligations. The technical support policies are subject to change at Bitdefender’s discretion. However, Bitdefender will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid. You should review the policies published on websites prior to entering the ordering document for the applicable services. If You intend to receive any professional services, then You need to sign a separate statement of work with Bitdefender. These terms are not applicable for Trial and Beta Solutions, for which we do not offer any technical support service.
You acknowledge that all information included in the Bitdefender IntelliZone, commercial terms including pricing (“Information”) are confidential information, trade secret and exclusive property of Bitdefender and shall remain sole property of Bitdefender. Bitdefender and its Affiliates retain ownership of the Bitdefender IntelliZone,all rights, title, and interest, including all modifications, derivative works, developments, improvements, enhancements, feedback received and all intellectual property rights.
Bitdefender IntelliZone shall only be used by You as permitted by this Agreement (the “Purpose”).
Due to the competitive nature of the industry in which Bitdefender is engaged, the use of Bitdefender IntelliZone will necessarily result in access to trade secrets and confidential information acquired and developed, and to be acquired and developed, at considerable expense of time and money, which trade and technical secrets and information, are highly confidential and remain the exclusive property of Bitdefender.
You shall handle, use, treat and utilize Information as follows: (a) hold Information received from Bitdefender in strict confidence; (b) use only for the Purpose; (c) restrict disclosure of Information to Your Users with a need to know (and advise such persons of the obligations assumed herein and be responsible for their compliance with these obligations); (d) except as set forth in herein, do not disclose Information to any third party, without prior written consent of Bitdefender and (e) upon the evaluation of the Information destroy all copies from any computer, word processor or other device.
These obligations shall survive for 3 years after receiving the Information. You undertake to hold harmless and to indemnify Bitdefender against all losses, liabilities and damages which may suffer and/or any costs, charges and expenses (including reasonable legal fees and disbursements and the costs of enforcing this indemnity) whichever may incur as a result of or arising out of any breach of the obligations provided herein.
You expressly agree and understand that the remedy at law for any breach of the provisions stipulated herein by You, will be inadequate and that the damages flowing from any such breach may not be readily susceptible to being measured in monetary terms. Accordingly, You acknowledge that upon adequate proof of a violation of any of the provisions stipulated herein, Bitdefender shall be entitled to a temporary restraining order and/or preliminary injunction against any threatened or future breach hereof. Any such breach shall toll the running of the timespan from the date of such breach, until such breach shall cease. You expressly acknowledge that You have carefully considered the nature and extent of the restrictions and the rights and remedies of Bitdefender. You expressly acknowledge and agree that the restrictions are reasonable and are fully required to protect the legitimate interests of Bitdefender, and do not confer a benefit upon Bitdefender disproportionate to the detriment of either Party. This obligation shall not apply to information received which: (i) is or becomes known by the recipient without an obligation to maintain its confidentiality; (ii) is or becomes generally known to the public through no act or omission on the part of the recipient; or (iii) is independently developed by the recipient without the use of confidential or proprietary information.
In the event that either Party is required to disclose confidential and proprietary information pursuant to law, it shall notify the other Party of the required disclosure.
Bitdefender warrants that Bitdefender IntelliZone will be provided in a professional manner consistent with industry standards. Bitdefender warrants to You that the encoding of the software program on the media on which the Bitdefender IntelliZone is furnished will be free from defects in material and workmanship, and that the Bitdefender IntelliZone shall substantially conform to its Documentation, for a period of ninety (90) days from the date You purchase the license key or activation code ( “Warranty Period”).
The warranty shall not apply if (i) the Bitdefender IntelliZone has not been used in accordance with the terms and conditions of this Agreement and the Documentation; (ii) the issue has been caused by Your failure to apply Updates, Upgrades or any other action or instruction recommended by Bitdefender, (iii) the issue results from any cause outside of Bitdefender’s reasonable control, (iii) in the event of failure of Bitdefender IntelliZone arising or resulting from improper installation or any modification, alteration, or addition thereto, or any problem or error in the operating system software with which the software is installed and is designed to operate; (iv) if any problem or error in the Bitdefender IntelliZone has resulted from improper use, misapplication or misconfiguration, or the use of the Bitdefender IntelliZone with other programs or services that have similar functions or features which are incompatible with the Bitdefender IntelliZone; (v) if the Bitdefender IntelliZone is licensed or used as any evaluation, beta or trial version or for which Bitdefender does not charge a royalty or license fee; or (vi) if Bitdefender does not receive notice of a non-conformity within the applicable warranty period.
If Bitdefender is notified in writing of a breach of warranty during the Warranty Period, Bitdefender’s entire liability and Your sole remedy shall be (at Bitdefender’s option): (i) to correct, repair or replace Bitdefender IntelliZone within a reasonable time, or (ii) to authorize a refund of the prorate unused fees following the return of accompanied proof of purchase. Any replacement Bitdefender IntelliZone shall be warranted for the remainder of the original Warranty Period.
No warranties are provided for any evaluation, beta or trial version.
Due to the continual development of new techniques for attacking endpoints, networks, systems, Bitdefender does not represent, warrant or guarantee: (1) that Bitdefender IntelliZone will detect, block, or completely remove, or clean any or all applications, routines, and files that are malicious, fraudulent or unwanted; or (2) that any product or any data, equipment, system or network on which a Bitdefender solution is used (or protects) will be free of vulnerability to intrusion or attack.
You agree that protection of your endpoints, servers, cloud, networks, and data are dependent on factors solely under your control and responsibility, including, but not limited to: (a) the design, implementation, deployment, and use of hardware and software security tools in a coordinated effort to manage security threats; (b) the selection, implementation, and enforcement of appropriate internal security policies, procedures and controls regarding access, security, encryption, use, and transmission of data; (c) development of, and ongoing enforcement of, processes and procedures for the backup and recovery of any system, software, database, and any stored data; and (d) diligently and promptly downloading and installing all Updates made available by Bitdefender.
YOU UNDERSTAND AND AGREE THAT BITDEFENDER CANNOT, AND DOES NOT HEREIN, PROVIDE ANY WARRANTY, GUARANTEE, CONDITION, OR ASSURANCE THAT THE DEPLOYMENT/USE OF ANY BITDEFENDER SOLUTION (EITHER BY ITSELF OR IN COMBINATION WITH OTHER BITDEFENDER SOLUTIONS) WILL GUARANTEE COMPLETE PROTECTION FROM AND AGAINST ALL PRESENT AND FUTURE SECURITY THREATS TO YOUR NETWORKS, SYSTEMS, DEVICES, OR DATA AND NOTHING HEREIN THIS AGREEMENT SHALL BE DEEMED TO IMPLY SUCH A WARRANTY, GUARANTEE, CONDITION, OR ASSURANCE.
Bitdefender shall indemnify and keep You harmless from any claim by a third party that Your use or possession of the Bitdefender IntelliZone, in accordance with the terms and conditions of this Agreement infringes any third-party patent, trademark or copyright.
The foregoing obligation of Bitdefender does not apply with respect to software, services or portions or components thereof: (i) not supplied by Bitdefender; (ii) used in a manner not expressly authorized by this Agreement or the accompanying Documentation (iii) made in accordance with Your specifications; (iv) modified by anyone other than Bitdefender, if the alleged infringement relates to such modification; (v) combined with other products, processes or materials where the alleged infringement would not exist but for such combination; (vi) for any evaluation, beta or trial version or (vii) where You continue the allegedly infringing activity after being notified thereof and provided with modifications that would have avoided the alleged infringement.
In the event the Bitdefender IntelliZone is held by a court of competent jurisdiction to constitute an infringement of third party rights of patent, trademark or copyright Bitdefender shall, at its sole option, do one of the following: (i) procure the right to continued use; (ii) modify the Bitdefender IntelliZone so that their use becomes non-infringing; (iii) replace the Bitdefender IntelliZone with substantially similar products in functionality and performance; or (iv) if none of the foregoing alternatives is reasonably available to Bitdefender, Bitdefender shall refund the pro-rata unused portion of the fees paid for Bitdefender IntelliZone.
The Parties may request indemnification under this provision, provided they: (a) give notice within ten (10) days of any claim being made or proceedings being issued against; (b) give sole control of the defense and settlement to the indemnifying party (provided any settlement relieves the indemnified party of all liability in the matter); (c) provide all available information and reasonable assistance; and (d) have not previously compromised or settled such claim.
THIS SECTION STATES BITDEFENDER’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR INFRINGEMENT AND MISAPPROPRIATION CLAIMS.
BITDEFENDER DOES NOT WARRANT THAT BITDEFENDER INTELLIZONE WILL MEET YOUR REQUIREMENTS. BITDEFENDER DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT BITDEFENDER WILL CORRECT ALL PROGRAM ERRORS.
TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BITDEFENDER INTELLIZONE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. BITDEFENDER INTELLIZONE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPON SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY/ENVIRONMENTAL DAMAGES.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BITDEFENDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, SOFTWARE AND SERVICE, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY IT. BITDEFENDER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, FALSE POSITIVES OR FALSE NEGATIVES, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY’S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS AND THE LIKE, NOR THAT SOFTWARE WILL DETECT ANY OR ALL SECURITY OR MALICIOUS CODE THREATS OR USE OF BITDEFENDER SOLUTIONS AND UPDATES WILL KEEP YOUR NETWORKS, CLOUD OR ENDPOINTS OR ANY SYSTEMS AND DEVICES FREE FROM ALL VIRUSES OR OTHER MALICIOUS OR UNWANTED CONTENT OR SAFE FROM INTRUSIONS OR OTHER SECURITY ATTACKS/BREACHES OR WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE.
YOU SHALL BE SOLELY RESPONSIBLE FOR PROPER BACK-UP OF ALL DATA AND YOU SHALL TAKE APPROPRIATE MEASURES TO PROTECT SUCH DATA. BITDEFENDER ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER IF DATA IS LOST OR CORRUPTED.
Bitdefender is acting on behalf of its partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
BITDEFENDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE OR DAMAGES THAT WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED SUCH AS, FOR EXAMPLE, LOSSES CAUSED BY VIRUSES, MALWARE, OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO COMPANY DATA. BITDEFENDER’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU PAID TO BITDEFENDER FOR THE DEFICIENT BITDEFENDER INTELLIZONE OR SERVICES UNDER THIS AGREEMENT AS SPECIFIED IN YOUR ORDER. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL BITDEFENDER'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR BITDEFENDER INTELLIZONE OR OTHER AMOUNTS PAID OR PAYABLE BY YOU FOR THE PRODUCT, GIVING RISE TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT OR CIRCUMSTANCE FIRST GIVING RISE TO A CLAIM.
BITDEFENDER DOES NOT LIMIT OR EXCLUDE ITS LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY DIRECTLY ATTRIBUTABLE TO BITDEFENDER’S GROSS NEGLIGENCE,
(ii) FRAUDULENT MISREPRESENTATION, OR (iii) ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
Each Party recognizes and agrees that the waivers, warranty limitations, as well as disclaimers and exclusions from and limitations of liability and/or remedies in this Agreement, are a material and essential basis of this Agreement; reflect a reasonable allocation of risk between the Parties; are fair, reasonable, and a fundamental part of this agreement; and each has been taken into account and reflected in determining the consideration to be given by each Party under this Agreement, and in the decision by each Party to enter into this Agreement. The Parties acknowledge and agree that absence of any such waivers, disclaimers, exclusions, and/or limitations of liability/remedies, the provisions of this Agreement, including the economic terms, would be substantially different, or in the alternative, this Agreement would not have been consummated.
Bitdefender may send You legal notices and other communications about the Software and Maintenance subscription services or our use of the information You provide us. Bitdefender will send Communications via in-product notices or via email to the primary user's registered email address or will post Communications on its Sites. The legal basis for sending these communications are this contract (for the transactional communications) and the legitimate interest for marketing with the current customers (for the commercial communications).
Notwithstanding, You agree that Bitdefender may send you required legal notices and other communications about Bitdefender solutions (including Updates), other and/or new Bitdefender solutions and services, special offers and pricing or other similar information, customer surveys, and other requests for feedback (collectively “Communications”). Bitdefender may provide Communications via (among other methods): (a) in-person contacts by Bitdefender and/or Reseller personnel; (b) in-product notices or emails to registered email addresses of named contacts; and/or (c) posted Communications on its Websites.
With respect to email notices, any such email notice to you will be sent by Bitdefender to the account administrator(s) named by you during registration. You are responsible for ensuring that the email address for the account administrator is accurate. Any email notice that Bitdefender sends to the then-current email address will be effective when sent, whether or not you actually receive the email. By accepting this Agreement, You consent to receive all Communications through these means.
All the information on how the personal data is processed during the usage of the Bitdefender IntelliZone and services is specified in the Bitdefender Privacy Policy. By accepting this Agreement, You understand that You have been notified about how Your personal data will be processed according to the Privacy Policy for Business Solutions published on: https://www.bitdefender.com/site/view/legal-privacy.html and the Personal Data Notice for Business Contacts of the Clients or Partners published on: https://www.bitdefender.com/site/view/legal-personal-data-notice-for-business-contacts-of-the-clients-or-partners.html
In regards to the personal data collected by Bitdefender IntelliZone from Your Users and the applicable data protection legislation governing this relationship, according to the EU applicable legislation on personal data (GDPR – General Data Protection Legislation), Bitdefender together with You are joint controllers.
Bitdefender acts as a data controller in relation with the personal data collected through its products and services sold to/through Business Clients only for the purposes of ensuring information and network security, including support activities for this purpose (only in specific cases, when support activities are included in the specific contract with Bitdefender). The Users also act as data controllers in relation to the personal data they might have access through the Bitdefender’s products and services for purposes of ensuring information and network security. For any other potential purposes that Business users may decide internally on their own, Business Clients and Service Providers (and their Clients) act as separate and independent data controllers, collecting personal data from another source, meaning Bitdefender`s products and services.
Each of the joint controllers will be independently and separately responsible for respecting the GDPR provisions, including lawful processing of personal data, informing service users about the use of their personal data, the security of personal data and ensuring service users can exercise their rights, according to the Joint Controllers Arrangement available here: https://www.bitdefender.com/media/materials/legal/Joint-Controllers-Arrangement.pdf
Bitdefender informs You that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the products, to provide related services, to adapt them to the latest industry trends and to prevent the unlicensed or illegal use of the product or the damages resulting from the malware products.
You acknowledge and accept that Bitdefender may provide updates or additions to the program or product which may be automatically downloaded to Your device.
Bitdefender reserves the right to collect certain information from the user activity, depending on the modules and services You have activated in Your Bitdefender IntelliZone. As such, You agree that certain Product modules, services and components may collect pieces of data from Your systems for the purpose of evaluating and improving the ability of Bitdefender’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks.
Bitdefender may audit Your use of the Bitdefender IntelliZone to verify that Your usage complies with the terms of this Agreement and with the applicable Documentation. An audit will be done upon reasonable notice and during normal business hours, but not more often than once every year, unless a material discrepancy was identified during the course of a prior review. You agree to implement internal safeguards to prevent any unauthorized copying, distribution, installation, or use of, or access to, the Bitdefender IntelliZone. You further agree to keep records sufficient to certify Your compliance with this Agreement, and, upon request from Bitdefender, provide and certify metrics and/or reports based upon such records and accounting for both numbers of copies (by product and version) and network architectures as they may reasonably relate to Your subscription and deployment of the Bitdefender IntelliZone. If an audit reveals any deployment or use of the solutions that is more than the subscriptions conditions or is otherwise out of compliance with this Agreement, then You agree to promptly correct such non-compliance. If the usages for any unlicensed or excess utilization of all solutions audited hereunder is greater than, in the aggregate, ten percent (10%) of the actual licensed use for solutions purchased by You, You agree to reimburse Bitdefender for its reasonable costs incurred in performing the audit.
Neither Party shall be in breach of the Agreement in the event it is unable to perform its obligations as a result of natural disaster, war, emergency conditions, labor strike, acts of terrorism, the substantial inoperability of the Internet, the inability to obtain supplies, or any other reason or condition beyond its reasonable control; provided, however, if such reasons or conditions remain in effect for a period of more than thirty (30) calendar days, either Party may terminate the Agreement affected by such force majeure following the written notice to the other Party. Notwithstanding the aforementioned, the parties agree that payment obligations derived from this Agreement as well as the protection of Intellectual Property Rights shall not be delayed for any reason.
If You are located in the United States or Canada, this Agreement is governed by the laws of the State of Florida, USA, with the venue in Broward County. If You are located in the UK, APAC, Australia and New Zealand, this Agreement will be governed by the laws of the UK, with the venue in Reading. If You are located in the Netherlands, Belgium, Denmark, Finland, Iceland, Norway, and Sweden, this Agreement is governed by the Dutch Laws with the venue in the Hague. If You are located in Germany and Austria, this Agreement is governed by the German Laws with the venue in München. If You are located in the rest of Europe, Africa, Middle East and Asia, this Agreement will be governed by the laws of Romania with the venue in the courts of Bucharest.
Nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
This Agreement describes certain legal rights. You may have other rights under the laws of Your state or country. You may also have rights with respect to the party from whom You acquired the Bitdefender IntelliZone. This Agreement does not change Your rights or obligations under the laws of Your state or country if the laws of Your state or country do not permit it to do so.
Bitdefender reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to Your use of this Bitdefender IntelliZone and Services. This means that Bitdefender may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation according to applicable law after taking reasonable measures to protect it.
Either party represents and warrants that (i) in connection with this Agreement, it has not and will not make any payments or gifts or any offers or promises of payments or gifts of any kind, directly or indirectly, to any official of any foreign government or any agency or instrumentality thereof and (ii) it will comply in all respects with the Foreign Corrupt Practices Act and any other applicable laws and (iii) it will comply with the export compliance laws applicable to each party fulfilling its obligation under this Agreement. To the maximum extent permissible by written waiver, disclaimer, limitation, and/or exclusion under Applicable Laws, this Agreement is entered into solely between and for the benefit of, and may be enforced only by, the Parties hereto and no third party shall have any right/benefit hereunder, whether arising hereunder, under any statute now or enacted hereafter (such as Contracts (Rights of Third Parties) Act of 1999 in the UK and similar laws enacted in Ireland, Singapore, New Zealand, Hong Kong S.A.R., and certain states of Australia, the application of each of which is hereby barred and disclaimed), or otherwise. This Agreement does not, and shall not be deemed to, create any expressed or implied rights, remedies, benefits, claims, or causes of action (legal, equitable or otherwise) in or on behalf of any third parties including employees, independent consultants, agents, and Affiliates of a Party, or otherwise create any obligation or duty to any third party; provided, however, notwithstanding anything contained herein this Agreement to the contrary, Bitdefender’s hardware suppliers, software licensors, and Resellers shall be intended third party beneficiaries for the exclusions, limitations, and disclaimers with respect to Bitdefender Solutions as stated in this Agreement.
Bitdefender IntelliZone is subject to the U.S. and foreign export control laws. You agree to comply with all laws and regulations of the United States and other countries where Bitdefender IntelliZone is used by You and Your users to ensure that they are not exported, directly or indirectly, in violation of such laws.
Bitdefender and Bitdefender logos are trademarks of BITDEFENDER. All other trademarks used in the product or in the associated materials are the property of their respective owners.
Bitdefender retains the right to assign this Agreement in its sole discretion. You may not assign this Agreement without the prior written permission of Bitdefender.
Bitdefender may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Bitdefender IntelliZone distributed with the revised terms. If any part of the Agreement is found void and unenforceable, it will not affect the validity of the rest of the Terms, which shall remain valid and enforceable. In case of controversy 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 You in any of your issued documents (such as an Order/s), are hereby rejected by Bitdefender and excluded here from.
Contact BITDEFENDER, at 15 A Orhideelor Street, Orhideea Towers Building, 11th floor, District 6, Bucharest, 060071, Romania; tel +40 212 063 470; fax +40 212 641 799, e-mail address: office@bitdefender.com