NSI TERMS AND CONDITIONS OF USE

1. BACKGROUND

Network Security Investigations Inc ("NSI") offers a free service whereby its customers may submit sample files containing suspected threats for analysis by NSI's automated sandbox system ("NSI Sandbox"). By submitting a sample file for analysis to NSI, you agree to be bound by these terms and conditions ("Agreement").

2. What is a THREAT?

For the purposes of this Agreement and for the purposes of the NSI Sandbox, 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 ("threats").

3. SUBMITTING A SAMPLE FILE FOR ANALYSIS

You must submit a copy of your sample file ("File") to NSI for analysis by our Sandbox System using our submission page on our website.

You warrant that, in submitting a File to NSI for analysis, you have the requisite rights to submit the file to NSI and that submitting the file will not breach the rights (including, without limitation, any intellectual property rights) of any third party.

4. ANALYSIS

NSI does not warrant that it will commence or complete the analysis of the File within any particular time frame. However, NSI will attempt to complete analysis of the file and return a report within 4 -6 hours from the time that NSI receives the file.

5. USE OF REPORTS

Upon Analysing the File, a report will be generated and provided to you via emial and potentially from the website. All content contained in the malware analysis Report is the copyrighted work of NSI.

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 NSI; (b) includes the following copyright attribution statement: "Reprinted with permission from NSI." (c) we would prefer that it includes references to our website www.netscty.com, but that is not mandatory.

6. DOWNLOAD OF MALICIOUS and POTENTIALLY MALICIOUS files

You agree to hold harmless NSI for your use and care of any malicious files that we provide for your use and benefit. If you have any doubt as how to handle potentially malicous files, DO NOT DOWNLOAD the malicious files we provide via our FTP site.

7. YOUR INDEMNITY

You agree to indemnify NSI and keep NSI indemnified against any loss, cost, expense or damage (including full legal costs) which NSI 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 ThreatExpert by a third party claiming that ThreatExpert's analysis and/or use of the File infringes any rights of the third party.

8. PUBLICITY

You agree that NSI may acknowledge your use of our Sanbox publicly and may publish details of any Analysis of the File on its website and/or through any media releases, unless you request otherwise via email or telephone contact.

9. 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 NSI under this Agreement or in relation to this Agreement will be owned by NSI. You agree that you have no claim or ownership over such intellectual property rights.

10. LIMITATION OF LIABILITY

You hereby acknowledge that the analysis and report generated by the NSI Sandbx cannot be guaranteed error free or free of any defects. In particular, NSI does not guarantee that the NSI Sandbox 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. It is our opinion at NSI that it is not possible to detect every aspect of a binaries (file) behavior and we make no such claim that our Sandbox can do that.

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 NSI's liability for breach of any such Prescribed Terms will be limited, to the extent permitted by law, at NSI's discretion, to running the report again.

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) NIS makes no warranties in relation to the Analysis or the content of any Reports,and (b) you will not under any circumstances have any cause of action against, or right to claim or recover from NSI for or in respect of any loss, damage or injury arising from the use of NSI's Sandbox report.

NSI 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 our Sandbox report, or arising out of the supply of a defective Report. You agree that if NSI is in breach of this Agreement, the maximum aggregate liability of NSI to you for any and all breaches of this Agreement will be the total amount of the fees (if any) paid by you to ThreatExpert under this Agreement. If no amounts are paid to NSI by you under this Agreement, then the maximum aggregate liability of NSI to you for any and all breaches of this Agreement will be capped at US $2.00.

You acknowledge that you have and will exercise your independent judgment in using NSI's Sandbox report and any donwnloaded malicious files that NSI provides and have not relied upon any representations made by NSI 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 NSI.

11. FEES

Unless otherwise stated by NSI to the contrary, the report(s) are provided free of charge.