Definition of Certain Terms.
Confidential Information means any information of or relating Exodus,
other
than Public Information, which is deemed to be confidential by Exodus, including any and all confidential or
proprietary information disclosed by Exodus to User under or pursuant to this Agreement, and expressly
including, but without limitation, information coming within any one or more of the following categories:
(a)
the Vulnerability Information (including all Content Feed, and any and all data, documents, analyses, and
other information comprising the Vulnerability Information; and (b) all software, data products, services,
and
tools (including exploit and vulnerability software, information security research software, and firmware)
and
all vulnerabilities, threat research, test results, and other Vulnerability Information that is the direct
product of Exodus products, services, and data (including derived data, documents, analyses, and other
information) that may be subject to export controls or other security controls of the United States or other
countries which coordinate with U.S. export control or other security control regimes.
Content Feed means all information associated with the Service that is
included in Exodus’ Portal.
Exodus Website means the Exodus website at https://vpx.exodusintel.com.
Portal means Exodus’ secure portal that may be accessed by User via the
Exodus Website by the use of User’s Portal Credentials.
Portal Credentials means the User’s login credentials for access to the
Portal, as provided to User by Exodus at the time User’s Registration is completed.
Proprietary Right means any intangible or intellectual property right
owned
a Party or any affiliate of a Party, including, but without limitation (a) any patent, invention, and
industrial design (whether or not patentable); (b) any registered, unregistered, and common law trademark,
service mark, domain name, logo, and trade name; (c) any copyright; (d) any registration, application, and
renewal of any of the foregoing; (e) any trade secret, know-how, customer list, software, formula, process
and
technique, mask work, research and development information, investigation, drawing, specification, design,
plan, improvement, proposal, technical and computer data, and information relating to any future product
plan
or strategic issue; and (f) any rights in or under any contract, including, but not limited to, any right in
any license agreement, with third-persons relating to any of the foregoing.
Public Information means (a) information that is publicly available and
(b)
information that is rightfully received from a third-person who has no duty of confidentiality with respect
to
such information.
Registration means the online request submitted by User for the Service,
submitted to Exodus by User and approved by Exodus, under which User agrees to subscribe for the Service.
STA Entity means a governmental authority of a STA Country or other legal
entity formed in a STA Country or a subdivision thereof that qualifies for a Strategic Trade Authorization
(“STA”) license exception (or equivalent) under United States export control laws.
STA Country presently includes 2 groups consisting of 44 countries, 36 of
which are NATO members and members of all 4 multilateral nonproliferation control regimes of which the
United
States is a member.
Subscription Term means the term of User’s subscription for the Service
during the Trial Period, as it may be or terminated under Section 7.