Professional Documents
Culture Documents
(“Researcher”) (collectively referred to herein as the “Parties”), on the other hand, hereby enter
into the following release agreement (the “Release”) relating to certain actions taken by the
WHEREAS on or about March 29, 2018, the Researcher discovered that an FTP site that
was part of MedEvolve’s network was left open and available to the public internet;
MedEvolve’s network;
MedEvolve’s FTP site and downloaded one file located there - PUC.bak;
WHEREAS the Researcher then advised Dr. Leslie Packer, the proprietor of a for-profit
website – databreaches.net – of the unauthorized access and shared with Dr. Packer some of the
WHEREAS as a result of the Researcher’s actions, MedEvolve has assessed its rights to
seek damages from the Researcher arising out of the unauthorized access of MedEvolve’s network
for multiple civil causes of action sounding in both statutory and common law;
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
MedEvolve hereby releases the Researcher and all of the Researcher’s current and former agents,
servants, employees, representatives, assigns, heirs, successors, and benefit plans, of and from any
and all liability, actions, causes of action, proceedings, suits, debts, dues, sums of money, accounts,
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accountings, covenants, contracts, controversies, agreements, promises, damages, judgments,
execution claims and demands of whatever nature, in law or in equity, direct or indirect, known or
unknown, matured or not matured from the beginning of the world to the date of this Agreement,
including but not limited to, claims relating to or arising out of the Researcher’s unauthorized
Release Agreement, the Researcher agrees to execute the Certification annexed hereto as Exhibit
“A”.
herein, the Researcher represents and warrants that other than sharing my findings with Dr. Packer,
I did not copy, move, share, publish, transfer, transmit, broadcast, communicate, convey, or
otherwise disclose any of my findings relating to MedEvolve or the file I took from it. Additionally,
at all time, the file I downloaded was secure and was in my sole possession between March 29,
MEDEVOLVE, INC.
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Exhibit A
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AFFIDAVIT
I, ______________________, being of sound mind and legal majority, hereby affirm the
following, based on my personal knowledge:
1. On or about March 23, 2018, I discovered that an FTP site that was part of a network
that I was not authorized to access was left open and available to the public internet. I later
learned that the network belonged to MedEvolve, Inc. (“MedEvolve”) an Arkansas company.
2. Despite the fact that I did not have any authority or license or permission to do so, I
accessed MedEvolve’s open FTP site and downloaded one file located there - PUC.bak.
PUC.bak did not require a password to open the document.
4. Other than sharing my findings with Dr. Packer, I did not copy, move, share, publish,
transfer, transmit, broadcast, communicate, convey, or otherwise disclose any of my findings
relating to MedEvolve or the file I took from it. Additionally, at all time, the file I downloaded
was secure and was in my sole possession between March 29, 2018 and the time I deleted and
destroyed it. Finally, the file was never accessible to others while it was in my possession.
5. I have since deleted and permanently destroyed any and all versions of PUC.bak and to
my knowledge no other versions, copies or iterations of the file I took exist.
I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
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Signed: _______________________________
State of
County of
On this, the___day of July, 2018, before me a notary public, the undersigned officer, personally appeared
___________________________, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein
contained.
___________________________
Notary Public