Disclaimer
Disclaimer:
TERMS AND CONDITIONS OF USE
BACKGROUND
Xandora File Analyzer (Code Name “Xandora”) offers a free service whereby its customers may submit sample files containing suspected threats for analysis by the Xandora automated threat analysis system (“Xandora System”). Further information on the Xandora System is available from xandora.security.net.my.
By submitting a sample file for analysis by Xandora (“Analysis”), you agree to be bound by these terms and conditions (“Agreement”).
SUBMITTING A SAMPLE FILE FOR ANALYSIS
You must submit a copy of your sample file (“File”) to Xandora for analysis by the Xandora System using the methods of submission specified by Xandora from time to time.
You warrant that, in submitting a File to Xandora for analysis, you have the requisite rights to submit the file to Xandora and that submitting the file will not breach the rights (including, without limitation, any intellectual property rights) of any third party.
ANALYSIS
The Analysis will take place on dates and times determined by Xandora. Xandora does not warrant that it will commence or complete the Analysis of the File within any particular time frame. However, Xandora will use its reasonable endeavours to complete the Analysis that Xandora receives the File and any other information which Xandora requests from you to complete its analysis.
USE OF REPORTS
Upon Analysing the File, a report will be generated (“Report”). All content contained in the Report is the copyrighted work of Xandora and its affiliates. Xandora may reuse the Report in any way it sees fit in its sole and absolute discretion.
You are permitted to reprint the whole or part of the Report, provided that the reprint:
(a) clearly and prominently states that the content was created by Xandora;
(b) contains a link to xandora.security.net.my; and
(c) includes the following copyright attribution statement: “Reprinted with permission from Xandora.”
FEES
Unless otherwise specified by Xandora to the contrary, the Analysis and Reports are provided free of charge.
YOUR INDEMNITY
You agree to indemnify Xandora and keep Xandora indemnified against any loss, cost, expense or damage (including full legal costs) which Xandora 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 Xandora by a third party claiming that Xandora’s analysis and/or use of the File infringes any rights of the third party.
PUBLICITY
You agree that Xandora may acknowledge your use of the Xandora System publicly and may publish details of any Analysis of the File on its website and/or through any media releases.
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, Reports or other materials generated by Xandora under this Agreement or in relation to this Agreement will be owned by Xandora and/or its affiliates. You agree that you have no claim or ownership over such intellectual property rights.
LIMITATION OF LIABILITY
You hereby acknowledge that the analysis and report generated by the Xandora System cannot be guaranteed error free or free of any defects. In particular, Xandora does not guarantee that the Xandora System will detect and/or report all threats or correctly detect or report any threat contained in any File submitted by you. You agree that you will use your independent judgement in your analysis of the contents of any Report and will not rely on the results of any Report for any purpose. You make use of the contents of any Report at your own risk.
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 Xandora’s liability for breach of any such Prescribed Terms will be limited, to the extent permitted by law, at Xandora’s option, to any one or more of the following:
(a) in the case of goods:
(i) 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
(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.
If Xandora’s liability for breach of any Prescribed Terms are 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) Xandora makes no warranties in relation to the Analysis or the content of any Reports, including warranties as to the performance or fitness for purpose of the Analysis or the Reports (other than Xandora is entitled to grant to you the right to use the Xandora 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 Xandora for or in respect of any loss, damage or injury arising from the use of the Xandora System, any Analysis, any Report, or any breach of these terms and conditions.
Xandora 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, arising from your use of the Xandora System or arising out of the supply of a defective Report.
You acknowledge that you have exercised your independent judgment in using the Xandora System and any Report and have not relied upon any representations made by Xandora 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 Xandora.
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 Xandora or result in a breach of this Agreement by Xandora 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 Xandora.
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.
Xandora 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 Xandora’s prior written consent (which may be withheld).
Privacy Policy
This policy sets out the privacy practices of xandora.security.net (“Xandora”) in connection with all of the products, services and websites offered by Xandora (collectively, “services”).
Collection and use of personal information
Xandora does not collect any personal data about you on this website or in connection with any other service, apart from information which you volunteer (for example by e-mailing us, by submitting a sample file to us, or by using our online feedback form). When you submit a sample file to Xandora, we may collect information including your name and contact details.
If Xandora has your email address, we may contact you by email to advise you of product updates, subscribe you to our newsletter or offer you Xandora or third party products. Xandora may also contact you in relation to customer support queries which you lodge.
Your personal data may also be anonymous and used for statistical purposes.
Your rights regarding data supplied to Xandora
If you are concerned about how personal data is processed by Xandora, please do not hesitate to bring such concerns to the attention of Xandora at the contact details set out above.
Collection and use of technical information
This website does use cookies – a small file containing a string of characters that is sent to your computer to identify your browser – including temporary “session” cookies which enable a visitor’s web browser to remember which pages on this website have already been visited. Visitors can use this website with no substantial loss of functionality if cookies are disabled from the web browser.
Technical details in connection with visits to our website may be logged by us or a third party for our statistical purposes. No information is collected that could be used by us to identify website visitors. The technical details logged are confined to the following types of information:
* the Internet Protocol address or gateway of the visitor’s web server
* the previous website address from which the visitor reached us
* clickstream data which shows the traffic of visitors around this web site (for example pages accessed and documents downloaded)
* the type of web browser used by the visitor
* the operating system of the visitor’s computer
* the screen resolution of the visitor’s computer monitor.
By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors and what kinds of offers our customers like to see. Where a third party logs information on our behalf, we control how that data may and may not be used.
Xandora will make no attempt to identify individual visitors, or to associate the technical details listed above with any individual. It is Xandora’s policy never to disclose such technical information in respect of individual website visitors to any third party (apart from any third party providing services to us which may record such data on our behalf and which is bound by confidentiality provisions in this regard), unless obliged or permitted to disclose such information by a rule of law.
The technical information will be used only by Xandora, and only for statistical and other administrative purposes. You should note that technical details, which we cannot associate with any identifiable individual.
Other websites
Xandora is not responsible for the content or privacy practices of other websites accessible from this website via external links. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Any external links to other websites are clearly identifiable as such.
Changes to this policy
Please note that Xandora may change this policy from time to time. Any amended policy terms will be posted to the Xandora website.