AT&T Alien Labs™
Open Threat Exchange®
End-User Agreement

BY CLICKING ON THE “SIGN UP” BUTTON YOU (“USER” OR “YOU”) ARE AGREEING TO THIS AGREEMENT WITH ALIENVAULT, INC. (“ALIENVAULT”).  IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT INDICATE ACCEPTANCE, AND YOU WILL NOT HAVE ACCESS TO AT&T ALIEN LABS OPEN THREAT EXCHANGE.

The Open Threat Exchange® (“OTX”) is a public-facing community platform which (a) crowdsources, aggregates, analyzes, and shares threat data to enhance cybersecurity and raise awareness of emerging threats; (b) provides access to ongoing and updated threat information; and (c) provides access to the OTX Endpoint Security™. OTX is free to end users for non-commercial use.

1. Features.
   1. OTX Endpoint Security™. OTX Endpoint Security is a threat-scanning feature available to OTX users. OTX Endpoint Security utilizes an endpoint agent that is software downloaded to your endpoints to allow quick identification of an indicator of compromise (“IOC”) on your endpoints. You understand that the OTX Endpoint Security service will provide endpoint detection of potential threats on Your network based upon IOC’s cataloged in OTX.
   2. User Content Submissions. You may upload, post, or otherwise submit content including files, text, and URLS (“User Content”) to OTX. You are responsible for your use of OTX and any User Content provided. OTX processes User Content consistent with our legitimate interests for the execution of the malware analysis. By submitting User Content, you represent and warrant that you own or have otherwise obtained the necessary rights, licenses, or consents to submit the User Content. You will not submit any User Content that violates any intellectual property rights. You understand and acknowledge that AlienVault is not responsible for any issue that arises due to the submission of User Content that contains any personal or sensitive data. Any User Content that you submit to OTX may be retained, used, and distributed at AlienVault’s sole discretion for any lawful purpose, including but not limited to, contributing to AlienVault or its affiliates products and services, research, product development, and integration into other product and/or service offerings.
2. Use of OTX.
   1. Permission to Use. Subject to the terms and conditions of this Agreement, AlienVault hereby grants User limited, terminable, non-exclusive, non-transferable (a) access to the OTX platform and (b) license to use any OTX Endpoint Security software furnished to User for use with OTX.
   2. Registration. After registration, any post or other activity you engage in with the OTX community when using your account will generate content attributed to you with your username.
   3. Use Limitations. As a condition of Your use of the OTX, You agrees that it will not: (i) violate any applicable law, statute, ordinance or regulation; (ii) disseminate content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iii) disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party;  (v) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of OTX or OTX Endpoint Security software in any form or media or by any means; or attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the OTX or OTX Endpoint Security software; (vi) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit OTX or OTX Endpoint Security software , or otherwise make it available to any third party (e.g., as a service bureau); (vii) share private, non-public indicators; or (viii) use OTX or OTX Endpoint Security software for any purpose other than their intended use.
3. Termination. In the event of violation of any of the conditions stated in Section 2.3. (Use Limitations), AlienVault may immediately terminate this Agreement for cause without notice. In general, AlienVault may terminate this Agreement for convenience upon written notice, which may include email notice, to You. In the event of termination of this Agreement for any cause, all of Your rights and licenses shall cease.
4. Changes in Service. OTX, or any feature thereof, may be modified by AlienVault from time to time without notice to You. In addition, AlienVault may stop, permanently or temporarily, providing OTX or any features thereof within the service without providing prior notice.
5. Warranty and Disclaimer. USER AGREES THAT OTX AND OTX ENDPOINT SECURITY SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER.  USER USES THE SERVICES AND SOFTWARE ENTIRELY AT ITS OWN RISK. ALIENVAULT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR PURPOSE, AND TITLE. ALIENVAULT DOES NOT WARRANT THAT ACCESS TO OTX WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE OR PROVIDED THROUGH OR IN CONNECTION WITH OTX IS ACCURATE, COMPLETE OR FREE OF VIRUSES OR OTHER HARMFUL CONTENTS OR COMPONENTS. ALIENVAULT SHALL IN NO EVENT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY INACCURACY, ERROR, OR OMISSION IN, OR LOSS, INJURY OR DAMAGE (INCLUDING LOSS OF DATA) CAUSED IN WHOLE OR IN PART BY, OR FAILURES, DELAYS, OR INTERRUPTIONS OF OTX AND OTX ENDPOINT SECURITY SOFTWARE. ALIENVAULT EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF CUSTOMER’S USE OF OTX.
6. Limitation of Liability. IN NO EVENT SHALL ALIENVAULT OR ITS AFFILIATES OR ITS SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY LIABILITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF USER HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL ALIENVAULT’S AGGREGATE AND CUMULATIVE LIABILITY FOR DAMAGES HEREUNDER EXCEED $5,000.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
7. Confidential Information.
   1. Definition.  You may have access to information that is confidential to AlienVault or its affiliates (“Confidential Information”).  Confidential Information shall include, but not be limited to, the software, products, documentation (including private, non-public pulses and indicators), product performance benchmarks or test results, formulas, methods, know how, processes, and all information identified as confidential.  Confidential Information constitutes trade secrets of the owner and/or its suppliers.
   2. Exceptions.  AlienVault’s Confidential Information shall not include information that (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party, (ii) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party, (iii) is received from a third party without breach of any obligation owed to the disclosing party, or (iv) was independently developed by the receiving party.
   3. Restrictions.  You agree, unless permitted in writing by AlienVault or as required by law, not to make Confidential Information available in any form to any third party or to use Confidential Information for any purpose other than in the performance of this Agreement.  You agree to protect such Confidential Information with at least the same degree of care as You normally exercises to protect Your own proprietary information of a similar nature, which shall be no less than reasonable care and take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by Your employees or agents in breach of this Agreement.  If You disclose Confidential Information to an employee, affiliate, or other person in accordance with the terms of this Agreement, any subsequent disclosure or use of such Confidential Information by such employee, affiliate, or other person shall be deemed a disclosure or use by the receiving party and You shall be responsible for such disclosure or use. Notwithstanding the foregoing, AlienVault is also permitted to disclose Confidential Information of User on a need to know basis to employees, contractors, and agents of its direct and indirect parents, subsidiaries, and sister entities. You may disclose Confidential Information if You are compelled by law to do so, provided You give AlienVault prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at AlienVault’s cost, if AlienVault wishes to contest the disclosure. You agree to hold AlienVault’s Confidential Information in confidence during the term and any renewal terms of this Agreement and for a period of three (3) years thereafter.
8. Ownership. Except as otherwise expressly specified in this Agreement, no other right or license to or under any of AlienVault’s intellectual property rights is either granted or implied hereunder. 
9. Choice of Law and Jurisdiction. The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the laws of the United States and of the State of New York without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. User hereby irrevocably consents to jurisdiction of both the state or federal courts located in New York, New York.
10. Amendment. The terms of this Agreement may be amended by AlienVault from time to time, and the most up-to-date version will be available at https://cybersecurity.att.com/terms/otx-eula. Your continued use of OTX following such updates constitutes your acceptance. If you do not agree to the amended terms, you should immediately remove any User Content and discontinue use of OTX.
11. Waiver. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
12. Assignment.  User may not assign this Agreement or any right or obligation hereunder, without the prior written consent of AlienVault. This Agreement will be binding upon and inure to the benefit of the permitted successors and assigns of each party.
13. Force Majeure. If by reason of force majeure including, without limitation, earthquakes, governmental regulation, fire, flood, labor difficulties, civil disorder and all acts of God, a party is unable to perform in whole or in part its obligations as set forth in this Agreement, such party shall not be liable to the other for its failure to perform said obligations.
14. Severability. If the application of any provision or provisions of this Agreement to any particular set of facts or circumstances is held to be invalid or unenforceable by a court of competent jurisdiction, the validity of said provision or provisions to any other particular set of facts or circumstances shall not, in any way, be affected. Such provision or provisions shall be reformed without further action by the parties to the extent necessary to make such provision or provisions enforceable when applied to that set of facts or circumstances.