JOE SANDBOX CLOUD BASIC ONLINE SERVICE TERMS AND CONDITIONS OF USE 3.2
1. SCOPE OF APPLICATIONJoe Sandbox Cloud Basic is a fully automated malware analysis service (“Service”) offered by JoeSecurity GmbH (“Joe Security”). Customers of Joe Security (“Customer”) may, upon agreeing to these
Joe Sandbox Cloud Basic Online Service Terms and Conditions of Use (“Terms”), submit certain
Samples (as defined in Section 2 below) to Joe Security for analysis by the Service. Agreement tothese Terms is assumed to occur at the latest upon the first submission of a Sample (as defined inSection 2 below) by Customer to the Service. These Terms apply to any use of the Service and form
an integral part of any contract between Joe Security and its Customers for the Service.
2. SERVICE
For the purposes of these Terms and for the purposes of the Service, “Malware” is defined to mean
any malicious software of any kind including, without limitation, trojans, viruses, rootkits and othermalicious code. Customer may submit a copy of its sample file, document, URL or email suspected tocontain Malware (“Sample”) to Joe Security for analysis using the methods of submission as specified
by Joe Security from time to time. The Service will take place on dates and times determined by Joe
Security. Joe Security does not warrant that it will commence or complete the Service within any
particular time frame. Customer acknowledges and agrees that analysis results and corresponding
data including, without limitation, screenshots, network data, binary and memory strings, createdfiles, disassembly, class and function names, MD5 and other hash sums (collectively, “Analysis Data”)
as well as the respective Reports (as defined in Section 4 below) and Samples get published by theService in each case and are, therefore, accessible by the public. The Customer agrees to use theService for evaluation purposes only.
3. CUSTOMER WARRANTY
Customer warrants by submitting a Sample to Joe Security for analysis, to have the necessary rights
to submit such Sample to Joe Security and not to breach the rights (including, without limitation, any
intellectual property rights) of any third party. Customer also warrants by submitting a Sample to Joe
Security for analysis to have the necessary rights (including, without limitation, any intellectual
property rights) to publish such Sample and the corresponding analysis data. Customer further
warrants (i) to use the Service in accordance with all applicable laws and regulations and not to use
the Service for any unlawful purpose, (ii) not to develop and/or test offensive malware or evasive
technologies to bypass malware detection included in the Service, and (iii) not to reverse engineer,
decompile, disassemble or otherwise attempt to determine the source code, ideas, algorithms orstructure of the Service or any copyrighted or protected software.
4. USE OF REPORTS AND SAMPLES
Upon analyzing the Sample, reports as well as threat intelligence, additional results and raw data(collectively, “Report”) will be generated and provided to Customer by Joe Security in the manner
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1determined by Joe Security from time to time. All content contained in the Report is the copyrighted
work of Joe Security.
Customer is 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 Joe Security;(b) contains a link to http://www.joesecurity.org
Joe Security may use and commercially exploit the Samples and the information contained in theAnalysis Data and Reports including but not limited to: share, publish, trade, sell, license, modify,reproduce, host, store, create derivative works, distribute, provide access for other organisations.
Accordingly, when submitting a Sample to the Service, Customer shall grant to Joe Security a royalty
free, irrevocable, worldwide and transferable license to use and commercially exploit all content
contained in such Sample as further specified in the previous sentence.
5. CUSTOMER ACCOUNT
Customer shall ensure that the security and confidentiality of the username and password for
Customer´s account is maintained. Customer shall be responsible for all activities that occur under
Customer’s account.
6. CUSTOMER INDEMNITY
Customer agrees to indemnify Joe Security and its third party licensors and to keep Joe Security andits third party licensors harmless of any loss, cost, expense or damage (including full legal costs)
which Joe Security and its third party licensors suffer or incur as a direct or indirect result of:(a) any breach of these Terms by Customer; or(b) any action, claim, proceeding or demand instituted or made against Joe Security by a third party
claiming that Joe Security’s analysis or the corresponding Analysis Data or Reports, and/or Joe
Security´s use of the Sample infringe any rights of any third party.
7. CONFIDENTIALITY AND DATA PROTECTION
Customer may only submit Samples to the Service that Customer wishes to publicly share.
In no event shall Customer submit any Sample to the Service that contains confidential information
and/or personal data without lawful permission.
Customer shall be responsible for any conflict arising out of Customer´s submission of confidential
information and/or personal data involved in the respective Sample.
8. INTELLECTUAL PROPERTY RIGHTS
For the purposes of these Terms, 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,Joe Security GmbH – Christoph Merian-Ring 11 - 4153 Basel Switzerland
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2including, without limitation, all rights in copyright, trademarks, patents and designs (whether or not
such rights are registered or not).
Customer acknowledges and agrees that the intellectual property rights and all rights in any test
results, Reports or other materials generated by Joe Security under or in connection with theseTerms will be owned by Joe Security and/or its third party licensors. Customer agrees not to have any
claim or ownership over such intellectual property rights.
9. REPRODUCTION, MODIFICATION AND ABUSE OF SERVICE
Except as expressly set forth in these Terms, Customer must not do any of the following:(a) Use, reproduce, modify or prepare derivative works of the Service or any portion of the Service;
and/or(b) Transfer, encumber, sublicense, disclose, rent, lease, offer for timesharing or distribute theService or any portion of the Service; and/or(c) Generate testing or evaluation results of the Service to be included or used in academic,
conferences or media papers, thesis or other research work; and/or(d) Submit Samples which are related to pornographic, obscene, nude, graphically violent, and otherinappropriate or illegal content; and/or(e) Bypass limitations contained in the subscription purchased by Customer; and/or(f) Attack or otherwise attempt to disrupt the Service or a server used for the provision of theService; and/or(g) Attempt to obtain passwords or other non-public information from any other user of the Service
and/or collect such information regarding any other user of the Service; and/or(h) Create a false identity or impersonate any person.
In addition, Customer will not do any of the following with regard to the Service or any portion of theService: reverse engineer, decompile, disassemble or otherwise attempt to determine the source
code, ideas, algorithms or structure underlying any of the Service, except to the extent that
Customer is permitted to do so by compelling applicable law despite the foregoing restriction.
Without limiting the generality of the foregoing, Customer must not do any of the following while
using the option Live Interaction & Results: download large files (> 1 GB); install P2P or crypto mining
software; install large software suites (> 1 GB); send junk emails, SPAM emails, commercial orpromotional emails, emails containing Malware and/or emails that infringe the rights of a third party
or in any way are in breach of applicable law. Further, Customer must not use the option LiveInteraction & Results for any other purpose than the execution of Samples and the simulation of user
behavior (e.g., click on security dialogs, activate macros, etc.) to the extent required for Malware
analysis.

Joe Security GmbH – Christoph Merian-Ring 11 - 4153 Basel Switzerland
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310. LIMITATION OF LIABILITY
Customer hereby acknowledges that the analysis and Report generated by the Service cannot be
guaranteed to be error free or free of any defects. In particular, without limitation, Joe Security does
not guarantee that Service will detect and/or report all Malware or correctly detect or report any
threat contained in any Sample submitted by Customer. Customer agrees that Customer will use its
independent judgment in its analysis of the contents of any Report and will not rely on the results of
any Report for any purpose. Customer makes use of the contents of any Report at its own risk.
In the event any terms, conditions, representations or warranties are included by law into the terms
and conditions of these Terms (“Mandatory Terms”), which cannot be lawfully excluded, such
Mandatory Terms will apply, save that Joe Security’s liability for breach of any such Mandatory Terms
will be limited, to the extent permitted by law, at Joe Security’s option, to any one or more of thefollowing:(i) supplying of the Services again; or(ii) the payment of the cost of having the Services supplied again by Joe Security.
If Joe Security’s liability for breach of any Mandatory Terms is capable of exclusion or limitation, it is
hereby excluded or limited to the fullest extent permitted by law.
Except as provided by the Mandatory Terms (if any), which are not capable of exclusion or limitation,or as expressly set out in these Terms:(a) Joe Security makes no warranties in relation to the Service or the content of any Reports,
including, without limitation, warranties as to the performance or fitness for purpose of the Serviceor the Reports (other than Joe Security is entitled to grant to Customer the right to use Service as setout in these Terms); and(b) CUSTOMER WILL NOT UNDER ANY CIRCUMSTANCES HAVE ANY CAUSE OF ACTION AGAINST, ORRIGHT TO CLAIM OR RECOVER FROM JOE SECURITY OR ITS THIRD PARTY LICENSORS FOR OR INRESPECT OF ANY LOSS, DAMAGE OR INJURY ARISING FROM THE USE OF SERVICE, ANY SERVICE, ANYREPORT, OR ANY BREACH OF THESE TERMS AND CONDITIONS.
JOE SECURITY AND/OR ITS THIRD PARTY LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT ORCONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATAOR ECONOMIC LOSS) ARISING OUT OF A BREACH OF THESE TERMS, ARISING FROM THE USE OFSERVICE OR ARISING OUT OF THE SUPPLY OF A DEFECTIVE REPORT.
CUSTOMER AGREES THAT IF JOE SECURITY IS IN BREACH OF THESE TERMS, THE MAXIMUMAGGREGATE LIABILITY OF JOE SECURITY OR ITS THIRD PARTY LICENSORS TO CUSTOMER FOR ANYAND ALL BREACHES OF THESE TERMS WILL BE THE TOTAL AMOUNT OF THE FEES PAID BY CUSTOMERTO JOE SECURITY UNDER THESE TERMS.
IF NO AMOUNTS ARE PAID TO JOE SECURITY BY CUSTOMER UNDER THESE TERMS, THEN THE
MAXIMUM AGGREGATE LIABILITY OF JOE SECURITY TO CUSTOMER FOR ANY AND ALL BREACHES OFTHESE TERMS WILL BE CAPPED AT ONE SWISS FRANC.
Joe Security GmbH – Christoph Merian-Ring 11 - 4153 Basel Switzerland
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4Customer acknowledges to have exercised its independent judgment in using Service and any Reportand have not relied upon any representations made by Joe Security which have not been statedexpressly in these Terms or upon any descriptions or illustrations or specifications contained in any
document, including catalogues or publicity material produced by Joe Security.
11. MISCELLANEOUS
Joe Security shall be entitled to commission third parties with services when providing the Service.
No failure or omission to carry out or observe any provision of these Terms will give rise to a claim byCustomer against Joe Security or result in a breach of these Terms by Joe Security if such failure oromission 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 othersevere action of the elements, accident, government or statutory restriction or from other similarcauses which are unavoidable or beyond the reasonable control of Joe Security.
A provision of or a right created under these Terms 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 these Terms will preclude any other or further
exercise of that or any other right, power or remedy. The rights, powers or remedies provided inthese Terms are cumulative with and not exclusive of any rights, powers or remedies provided
independently of these Terms.
Joe Security may transfer its rights and obligations under these Terms to any person with or without
notice to Customer. Customer must not assign its rights or obligations under these Terms without Joe
Security’s prior written consent (which may be withheld).
12. GOVERNING LAW AND JURISDICTION
These Terms and any disputes arising from or in connection with these Terms shall be governed by
Swiss Laws, to the exclusion of the conflict of laws provisions and the provisions of the UN
Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction is Reinach, Baselland. Joe Security shall be entitled to enforce its
rights in any other competent court.

Joe Security GmbH – Christoph Merian-Ring 11 - 4153 Basel Switzerland
info@joesecurity.org | www.joesecurity.org

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