ACCESSDATA

END-USER LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY

This End-User License Agreement (“EULA”) is available at www.accessdata.com/company/enduserlicenseagreement and
governs the terms of any license purchase from AccessData not covered by a separate written agreement executed by both
parties.
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This EULA is a legal agreement between the purchasing
entity listed on the applicable Order (defined below) (“Licensee”) and AccessData Group, LLC. (together with its successors,
subsidiaries, affiliates or assigns, “AccessData”) to install and use certain AccessData software, and for the purchase of
certain hardware, and for the purchase of certain services, in each case as listed on the Order.
LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS EULA BY PLACING AN ORDER FOR THE SOFTWARE, CLICKING ON
THE “I AGREE” BUTTON, OR BY INSTALLING, COPYING OR USING THE SOFTWARE OR THE HARDWARE. LICENSEE
ACKNOWLEDGES THAT IT HAS READ THIS EULA, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS. IF LICENSEE DOES NOT AGREE TO BE BOUND BY EACH OF THE FOLLOWING TERMS AND CONDITIONS,
LICENSEE MUST NOT PLACE AN ORDER FOR THE SOFTWARE, MUST CLICK ON THE “I DO NOT AGREE” BUTTON AND MUST
NOT INSTALL, COPY OR USE THE SOFTWARE OR THE HARDWARE.
1. DEFINITIONS. The following capitalized terms shall have the meanings set forth next to them when used in this
EULA.
1.1. “Device” means any and all machines or computers, including without limitation servers, laptop or desktop
computers, mobile devices and hard drives, (a) from which data can be collected or (b) necessary to the use or operation of
the Software.
1.2. “Documentation” means any operating manuals, User instructions, technical specifications or similar publications
relating to the use and administration of the Software or Hardware supplied by or on behalf of AccessData.
1.3. “Hardware” means any physical hardware sold by AccessData under this EULA, including without limitation the
physical hardware portion of products sold under this EULA that are comprised of both physical hardware and Software.
1.4. “Licensed Products” means the Software, Documentation, Media and Training that are licensed to Licensee under
the applicable Order.
1.5. “Media” means the physical media on which the Software, Documentation or Training, as applicable, are recorded
or printed, as provided by or on behalf of AccessData.
1.6. “Order” means the then current order form or forms for Software, Hardware, Support, or Training completed and
signed by Licensee (whether submitted directly to AccessData or through an authorized reseller of AccessData), that
contains a designation of the Licensed Products, Hardware, Support or Training purchased, the fees payable, the number of
permitted Users, delivery terms, and/or the Support term, as applicable. If Licensee places an order for Software, Hardware,
Support, or Training over the phone, then Order means the record of such order stored in the records of AccessData, as
verified by a receipt subsequently delivered to Licensee. AccessData shall be deemed to have accepted an Order only upon
its processing such Order and delivering the Software, Hardware, Support or Training.
1.7. “Node” means any and all addressable devices from which data can be collected.
1.8. “Service Provider” means the third party service providers, experts, contractors or consultants of Licensee,
including any third parties providing Licensee with outsourcing, data center management or disaster recovery services.
1.9. “Software” means (a) the AccessData software products identified in the Order, (b) any Updates or Versions of
those software products provided by AccessData through Support, (c) any scripts (uncompiled code) provided by AccessData
with the Software, and (d) any complete or partial copies thereof.
1.10. “Support” or “SMS” means the standard Software maintenance and support services provided by AccessData if
purchased in an Order, including any Updates to or Versions of the Software that are released by AccessData for general
distribution to AccessData customers during the period for which Licensee has purchased Support.

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1.11. “Training” means the training products and services, including any materials, curricula, videos, manuals or
associated course content, and any complete or partial copies thereof, developed by AccessData and offered to the general
public.
1.12. “Update” means any updates, enhancements, improvements, corrections, service packs or other modifications of
or to the Software. An Update is generally denoted by AccessData by a change to the right of the second decimal point in
the Software Version number (e.g., Version 3.1.0 to 3.1.1)
1.13. “Use” or “Using” means (a) for Software, to install, load, download, execute, access, utilize, display or store the
Software or information therein, or interact with its functionality or processing capabilities, in accordance with the terms of
this EULA, and (b) for Documentation, to read, process and utilize the Documentation and process the Media in connection
with Use of the Software in accordance with the terms of this EULA.
1.14. “User” means each individual employee of Licensee or of its authorized Service Providers authorized to Use the
Software under this EULA, regardless of whether such individual is actively Using the Software at any given time.
1.15. “Version” means any new version or upgrade of the Software that contains substantial and significant
enhancements, or other substantial changes in functionality or performance as compared to the previous version, and
which is designated by a numeric change to the first position to the left or right of the first decimal point (e.g., Version 3.1 to
3.2 or 3.9 to 4.0).
1.16. LICENSE GRANT.
1.17. Scope. The Licensed Products are licensed, not sold, to Licensee. The Software may contain a mechanism or
license key that limits Licensee’s usage to that which has been agreed to and paid for by Licensee. Provided Licensee has
paid all applicable fees, activated the Software using the license key(s) provided to Licensee by AccessData, and otherwise
complied with the terms and conditions of this EULA, AccessData hereby grants Licensee a nonexclusive, non-transferable,
non-sublicensable, terminable and limited license to Use the Software in object code form only on the number of Devices,
on the number of Nodes, or for the number of Users for which licenses have been purchased and in accordance with the
applicable license types as more fully described below, and to Use the Documentation for internal, non-commercial,
reference purposes only. The Licensed Products are licensed for internal use only, which means Use by Licensee for the
benefit of Licensee’s organization. Any script (uncompiled code) provided by AccessData is licensed for use with the
Software only, and may not be used or applied to any other product. Any use not specified in this EULA is expressly
prohibited.
a. For each instance of Software purchased by Licensee under an Order, other than AccessData’s
Summation Software product, Licensee may install and Use such instance on no more than one Device at a
time for and for Use by no more than one User at a time. Use of the Software shall be limited to Licensee’s
employees and Service Providers.
b. For each license of AccessData’s Summation Software product purchased by Licensee under the
applicable Order, Licensee may install such Software only on Devices owned, leased, or otherwise
controlled by Licensee or its Service Providers pursuant to Section 1.19 (Service Provider Use) for Use by
up to the number of concurrent Users purchased.
c. For each license of Software purchased by Licensee on a per-Node basis as stated in an Order, a
license to all Devices in Licensee’s organization must be purchased, and the license shall be limited to the
number of Nodes for which a license was purchased as set forth in the applicable Order.
d. Upon installing the Software, Licensee may retain the Media for backup purposes. Licensee may
make one copy of the Software on a second set of media solely for the purpose of backup in the event that
the original Media is damaged or destroyed.
e. Licensee may only use features and functionality which have been paid for by Licensee.
The license granted hereunder is contingent upon compliance with Section 1.18 (Restrictions on Use) and Section 1.19
(Service Provider Use).
1.18. Restrictions on Use. Except as permitted by Section 1.19 (Service Provider Use), Licensee agrees that Licensee will
not assign, sublicense, transfer, pledge, lease, rent, or share Licensee’s rights hereunder. Any copy of the Software shall be
subject to all terms and conditions of this EULA and shall include AccessData’s copyright and other proprietary notices.
Documentation and Training materials shall not be copied or published without the prior written approval of AccessData.
AccessData reserves all rights not granted to Licensee. Without limiting the generality of the foregoing, Licensee shall not,
and shall not cause or permit anyone to:
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 a. exceed the number of licenses, Users, or Devices agreed to and paid for by Licensee;
b. copy, duplicate or otherwise reproduce any of the Licensed Products except as permitted above;
c. decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-
perceivable form or disable any functionality that limits the use of the Software, except to the extent
expressly permitted by applicable law and then only after prior written notification has been given to
AccessData specifying the permitted manipulation;
d. modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, network or
create derivative works based upon any of the Licensed Products;
e. publicly display the Licensed Products or provide technical training or instruction for monetary
compensation or other consideration in any form;
f. use the Software on a service bureau or timesharing basis or application service provider basis or,
except as expressly permitted by this EULA, for the benefit of any third parties;
g. remove, obscure or alter any patent, copyright, trademark or other proprietary rights notice(s) on
any of the Licensed Products; or
h. design or create any software program or system or content, in whole or in part, with features or
functions similar to the features or functions of any of the Licensed Products in whole or in part, through
use, evaluation or viewing of the Licensed Products, in whole or in part.
1.19. Service Provider Use. Licensee may permit Use of the Software by its Service Providers, provided that each such
Service Provider (a) Use the Software only for Licensee’s internal business purposes, and (b) agree to comply with and be
bound by terms no less stringent than the terms of this EULA. Licensee hereby agrees to be fully responsible and liable for
each and every Service Provider’s (and its Users’) full compliance with the terms and conditions of this EULA, such that any
breach by a Services Provider shall be deemed a breach by Licensee of this EULA.
1.20. Hardware Purchase. If Licensee has purchased Hardware under an Order, AccessData’s obligation to provide
Hardware is governed by the Order as supplemented by this EULA. All Hardware shall be delivered FOB Licensee’s address
set forth in the Order or such other location set forth in the Order.
1.21. License Fees. Licensee agrees to pay the license fees, Hardware purchase price, Support fees and Training fees as
set forth in the applicable Order in consideration of the licenses granted and the Hardware purchased under this EULA and
as set forth in the applicable Order. All invoiced amounts are due and payable by Licensee thirty days after the date of the
invoice. Fees and other charges described in the applicable Order do not include federal, state or local sales, foreign
withholding, use, property, excise, service, value-added or similar taxes now or hereafter levied, all of which shall be
Licensee’s responsibility. For any purchase of a Node-based license, Licensee represents and warrants to AccessData that
the number of Nodes within Licensee’s organization as reported on the applicable Order is true and accurate. No less than
once per year of any per-Node license term, Licensee shall perform a self-audit to confirm the number of Nodes within
Licensee’s organization and shall report to AccessData any increase in the number of Nodes in Licensee’s organization that
has occurred since the applicable Order. In the event of any such increase, AccessData shall have the right to invoice
Licensee, and Licensee agrees to pay, the increased license fee for the additional Nodes.
2. SUPPORT SERVICES.
2.1. Support Term and Fees. The initial term for Support of the Software, if any, will commence on the date the Order
of Support is accepted by AccessData and will continue for one year or such other period of time indicated on the applicable
Order, unless terminated as provided in Section 2.5 (Support Termination; Reinstatement). Licensee shall pay Support fees
at then current list prices unless otherwise agreed by AccessData. Upon expiration of a Support term, Licensee may renew
for a single- or multiple-year term at current list prices by placing an additional Order for Support. Support automatically
terminates if an Order is not received and accepted by AccessData.
2.2. AccessData Support Obligations. Throughout the applicable Support term, provided that Licensee is not then in
default of its obligations under this EULA (including payment obligations), and subject to the terms and conditions of
Section 2.3 (Licensee Responsibilities) and Section 2.4 (Exclusions), AccessData will provide or cause to be provided the
following Support services:
a. Telephone help-desk to assist Licensee in its Use of the Software and respond to any reported
failures of the Software to conform substantially to the then-current Documentation (provided that this
support shall not be in lieu of obtaining training with respect to the Software, for which there is a service
charge);

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 b. Provision of such Updates and Versions as AccessData from time to time produces and distributes
generally to Software licensees purchasing Support for no additional fees; and
c. Such other Support services as AccessData provides generally to licensees as part of its then
current Support program.
2.3. Licensee Responsibilities. Licensee acknowledges that the failure to timely install either of the two most recent
Versions of the Software shall excuse AccessData’s Support and warranty obligations herein. Licensee acknowledges that
the failure to timely install either of the two most recent Versions shall excuse AccessData’s indemnity obligations herein, if
any, if and to the extent any infringement issues thereby would have been avoided or mitigated by Licensee’s installation of
such Versions.
2.4. Exclusions. AccessData Support will not include resolution of problems resulting from: (i) any modification of or
damage to the Software or its operating environment, (ii) Licensee’s failure to operate the Software in an approved
hardware and software environment or otherwise in accordance with applicable Documentation, or (iii) Support of any
Versions other than the two most recent publicly available Versions. In addition, Support will not include the provision of
any Updates or Versions or other program Support described in Section 2.2 (AccessData Support Obligations) if Licensee is in
default with respect to payment of Support fees; or (c) other services, including but not limited to any installation,
implementation, training and other services. AccessData reserves the right to follow its end of life processes for any
Software.
2.5. Support Termination; Reinstatement. If Licensee’s license to use any of the Software is terminated for any reason,
Support will terminate automatically as to such Software. If Licensee does not renew Support, and later desires to reinstate
Support, Licensee will be required to pay (a) for a new Support program at the rate listed on the current price list, and
(b) the total fees that Licensee would have paid for Support had Licensee never terminated its original Support program.
3. TRAINING AND IMPLEMENTATION SERVICES
3.1. General. AccessData will provide any Training and implementation services ordered by Licensee as set forth in the
Order at the price set forth in the Order for such services.
3.2. Implementation and Personnel. Licensee shall provide the information, facilities, staff and equipment, including if
applicable, suitably configured computers, reasonably identified by AccessData as necessary to the performance of any
Training or implementation services ordered by Licensee. Licensee may require AccessData personnel in performing any
such services to observe at all times the reasonable safety and security policies of Licensee. Licensee shall advise
AccessData of any hazards to the health and safety of personnel on the Licensee’s premises and provide Personnel with
appropriate written information regarding applicable safety and security procedures.
4.3 Cancellation Policy. Cancellations made ten or more business days prior to a scheduled Training class can be
rescheduled at no additional charge. Cancellations made less than ten business days prior to a scheduled class can be
rescheduled for a twenty percent processing fee. Refund requests can be made less a twenty percent processing fee. If a
student fails to attend a class as registered, he or she forfeits his or her purchase price in full. Students that do not attend at
least eighty percent of course instruction time will not receive a Certificate of Completion. A student may not miss more
than five hours of a three-day course. Holders of “All Access Pass” training bundles who fail to attend two training events
without proper cancellation notice will forfeit their All Access Pass.
4. TERM AND TERMINATION.
4.1. Term and Termination. This EULA and the license rights hereunder shall continue until terminated as provided
herein or by operation of law. This EULA shall automatically terminate if Licensee fails to comply with any of the terms or
conditions of this EULA, and, if curable, such failure remains uncured for a period of fifteen days after written notice from
AccessData. A breach of Sections 2 (License Grant), or 9 (Confidentiality) is deemed an incurable breach. You may
terminate a license or this EULA at any time with thirty (30) days’ prior written notice to AccessData. Upon any termination
of a license or this EULA, Licensee must (a) cease all use of the Licensed Products to which Licensee’s license(s) have
terminated; (b) return all Licensed Products, and erase any other copies of the same in whole or in part, in all forms and
formats; and (c) provide AccessData with written certification that all copies of the Licensed Products, whether partial or
complete, to which Licensee’s license(s) have terminated have been destroyed. The provisions of Sections 1.18 (Restrictions
on Use), 1.21 (License Fees) and 4 (Term and Termination) to 6.5 (Miscellaneous) shall survive the termination of this EULA.
4.2. WARRANTIES.

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4.3. Software and Media Warranty. Subject to the terms and conditions of this EULA, AccessData warrants, for
Licensee’s benefit alone, that the Media (exclusive of any Hardware, third party servers or storage) in which the Software is
embedded shall, for a period of thirty days from the date of Licensee’s initial purchase of the Software (“Warranty Period”),
be free from defects in material and workmanship. Subject to the terms and conditions of this EULA, AccessData further
warrants, for Licensee’s benefit alone, that during the Warranty Period the Software shall operate substantially in
accordance with the then-current Documentation. To make a claim for any breach of the foregoing warranties, Licensee
must return to AccessData the defective Media or Software, postage prepaid, to: AccessData, 588 West 400 South,
Suite 350, Lindon, Utah 84042, with a copy of Licensee’s paid invoice and a description of the problem(s) within five days of
the date of discovery of the breach of warranty and within the Warranty Period. AccessData’s sole obligation and
Licensee’s sole and exclusive remedy for breach of the foregoing warranties shall be either to repair or replace the Software
with software that substantially conforms to the Documentation, repair or replace the Media portion of the Software, or
terminate the applicable license to the defective Software and refund the price paid for the Software license in accordance
with Licensee’s paid invoice. Any repaired or replacement Software and Media are warranted for the balance of the original
Warranty Period or for fifteen days from the date Licensee received the repaired or replacement Software or Media,
whichever is longer.
4.4. Hardware Warranty. To the fullest extent permitted by applicable law, all Hardware purchased by Licensee is sold
on an “as is” basis with all faults and without warranty of any kind.
4.5. Services Warranty. AccessData warrants to Licensee that all services provided under this EULA will be performed
by competent personnel with appropriate experience in providing such services. AccessData’s sole obligation and
Licensee’s sole and exclusive remedy for breach of the foregoing warranty shall be the re-performance of the defective
services.
4.6. Warranty Limitations. The preceding AccessData warranties do not apply to and, to the full extent permitted by
law, AccessData shall have no responsibility for breaches of warranty to the extent arising from: (a) Licensee operator
errors; (b) Licensee hardware or operating system failures; (c) the modification of the Software by any person other than
AccessData; (d) the combination of the Software with products or services not provided by AccessData (except as
directed or authorized by AccessData); (e) use of any portion of the Software in a manner not permitted or contemplated
by this EULA or the Documentation; (f) use of an earlier Version of some or all of the Software or use of Software without
all of the available Updates installed; and (g) damage to the Software. The warranties in Section 4.3 (Software and Media
Warranty) shall not apply to Updates or Versions except for those delivered and installed during the one-time Warranty
Period.
4.7. Disclaimers. Except for the warranties expressly stated above in this Section 4.2, AccessData and its affiliates,
distributors, agents, subcontractors and suppliers (the “AccessData Parties”) make no representations or warranties, and
expressly disclaim and exclude any and all warranties, representations and conditions, whether express or implied,
whether arising by or under statute, common law, custom, usage, course of performance, course of dealing or otherwise,
including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and non-
infringement, quality, performance, suitability, timeliness, security, durability and accuracy. Without limiting the
foregoing, the AccessData Parties do not warrant, and expressly disclaim any representation or warranty, that the
Licensed Products, Support, Training and other services or other deliverables provided by or on behalf of AccessData will
satisfy Licensee’s requirements or that their use or operation will be error or defect free or uninterrupted, or that all
defects will be corrected. Licensee accepts the entire risk of and responsibility for use, quality, performance, suitability
and results of use of the Licensed Products and its own audit approach and methodology. No oral or written information
or advice given by any of the AccessData Parties or their respective employees, officers or directors will increase the
scope or otherwise alter the terms of any warranty expressly stated in this EULA or create any new representations,
warranties or conditions.
4.8. Licensee’s Warranty. Licensee warrants that (a) Licensee has full authority to accept and perform this EULA; and
(b) this EULA has been duly accepted by Licensee and constitutes a legal, enforceable and binding obligation on Licensee.
5. INDEMNIFICATION.
5.1. Indemnification by AccessData. Subject to the terms and conditions of this EULA, AccessData shall indemnify and
defend Licensee from and against third party claims against Licensee that the Use of the Software as permitted herein
infringes or misappropriates any United States patent, trade secret or copyright of such third party, provided that Licensee
give AccessData: (i) prompt written notice of any such claim, action or demand; (ii) sole control of the defense and
settlement thereof; and (iii) reasonable cooperation and assistance in such defense or settlement, for which AccessData will
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pay reasonable out-of-pocket expenses. If any Software becomes or, in AccessData’s opinion, is likely to become the subject
of any injunction preventing Use as contemplated herein, AccessData may, at its sole discretion, (A) procure for Licensee the
right to continue Using such Software, (B) replace or modify such Software so that it becomes non-infringing without
substantially compromising its functionality, or, if (A) and (B) are not reasonably available to AccessData, then (C) terminate
Licensee’s license to the allegedly infringing Software and refund to Licensee as follows: (i) if termination occurs in the first
year after the effective date of the Order under which the license was purchased, AccessData shall refund all license fees
paid by Licensee for the terminated Software; or (ii) if termination occurs in the second or third year after the effective date
of the Order under which the license was purchased, AccessData shall refund a prorated portion of the license fees paid by
Licensee for the terminated Software, based on a thirty-six month useful life of the Software.
a. The foregoing obligations of AccessData do not apply with respect to (i) any products not supplied by AccessData,
(ii) Software which is modified after delivery hereunder by AccessData, if the alleged infringement relates to such
modification, (iii) Software combined with other products, processes or materials where the alleged infringement relates to
such combination, (iv) Software where Licensee continues the allegedly infringing activity after being notified thereof or
after being informed of modifications that would have avoided the alleged infringement, (v) any information or data stored
by Licensee, or (vi) Software where Licensee has failed to either of the two most recent Versions, and in each case,
Licensee shall defend and indemnify AccessData from and against such claims subject to the same conditions noted above.
b. The foregoing states the entire liability of AccessData with respect to infringement of patents, copyrights, trade
secrets or other intellectual property rights relating to this EULA.
5.2. Indemnification by Licensee. Licensee shall indemnify, defend and hold harmless the AccessData Parties and their
respective officers, directors, employees, agents, successors and assigns (each an “Indemnified Party”) against any losses,
claims, damages, liabilities, expenses, penalties, actions, proceedings, or judgments (including reasonable attorney’s fees
and expenses) to which an Indemnified Party may become subject and which result from or arise out of the acts or
omissions of Licensee or any User, including the use or misuse of the Licensed Products, except to the extent covered by
AccessData’s indemnification obligation under Section 5.1 (Indemnification by AccessData) and provided that AccessData:
(a) promptly notifies Licensee of any such claim or suit in writing and gives Licensee the opportunity to defend or settle any
claim or suit at Licensee’s expense; and (b) cooperates with Licensee in defending or settling any such claim or suit at
Licensee’s expense. Any settlement requires AccessData’s written consent, which consent shall not be unreasonably
withheld.
6. LIMITATION OF LIABILITY
6.1. Internet Exclusion. The Software may be used to access and transfer information over the Internet. Licensee
acknowledges and agrees that AccessData and its affiliates, distributors, agents, subcontractors and suppliers do not
operate or control the Internet and that (a) viruses, worms, Trojan horses, or other undesirable data or software, or
(b) unauthorized users (e.g. hackers), may attempt to obtain access to and damage Licensee’s data, websites, computers
or networks. AccessData shall not be responsible for prevention or effects of such activities.
6.2. Limited Liability and Damages. AccessData’s cumulative liability to Licensee or any other party for any loss or
damages arising out of or relating to this EULA, including the Use of Licensed Products or the Hardware or the
performance of services (including implementation, Support and Training), shall not exceed the fees paid to AccessData
hereunder in the twelve (12) months preceding the first claim. In no event shall AccessData be liable for any indirect,
incidental, consequential, special or exemplary damages or lost profits or any similar claims (including, without
limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, lost or corrupted data, loss of
use, lost business or lost opportunity), even if AccessData has been advised of the possibility of such damages, under any
theory of liability (whether in contract, tort, strict liability or any other theory). No claim, regardless of form, which in
any way arises out of this EULA may be made or brought by Licensee more than one (1) year after the basis for the claim
becomes known to Licensee. The limitations of liability and the exclusion of certain damages set forth in this Section
shall apply regardless of the success or effectiveness of any exclusive remedies.
6.3. CONFIDENTIALITY.
6.4. Confidentiality Obligations. By virtue of this EULA, the parties may have access to information that is confidential
to one another (“Confidential Information”). Confidential Information includes, without limitation, the Software,
Documentation, Training, the terms and pricing under this EULA, and all information clearly identified as confidential or
reasonably deemed to be confidential based on the circumstances and industry practices. This Section 6.3 is not intended
to expand the rights set forth in Section 1.16 (License Grant). The parties agree to hold each other’s Confidential
Information in confidence during the term of this EULA and thereafter. The parties agree not to make each other’s
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Confidential Information available in any form to any third party for any purpose, except to employees and agents who are
subject to similar confidentiality obligations and have a need to know in connection with the implementation of this EULA.
Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed in
violation of the terms of this EULA. Each party agrees that remedies at law shall not be adequate to protect the rights of the
other party under this section and that a non-breaching party may seek injunctive or other equitable relief to enforce such
rights. The terms of this EULA in and of itself shall be considered the Confidential Information of each party and shall be
subject to the obligations, terms, and conditions described herein. Confidential Information does not include information
that the receiving party can document was independently developed by them without use of the other party’s Confidential
Information, known prior to disclosure or acquired from a third party free of disclosure obligations. In addition, either party
may disclose Confidential Information if and only to the extent it is required pursuant to applicable law, rule or court order,
provided that it gives the disclosing party prompt notice thereof and cooperates in an attempt to obtain a protective order
or other confidential treatment of such disclosure. Notwithstanding the foregoing, Confidential Information shall include
the Licensed Products.
6.5. MISCELLANEOUS.
6.6. Entire Agreement. This EULA and the applicable Order contain the entire understanding of the parties relating to
the subject matter contained herein and supersedes all prior agreements and understandings, written or oral, relating to the
subject matter hereof. This EULA may not be modified or amended except by written agreement signed by both parties.
Any purchase order, requisition, work order, request for proposal or other document or record prepared, issued or provided
by or on behalf of Licensee, including without limitation the Order, relating to the subject matter of this EULA is for
administrative convenience only and will have no effect in supplementing, varying or superseding any provisions of this
EULA regardless of any acknowledgement thereof by AccessData; provided, however, that terms in an Order prepared by
Licensee that establish the terms and conditions expressly contemplated in the definition of Order set forth in Section 1.6
(Order) shall not be superseded by this EULA.
6.7. Limited Use of Licensee Name. Licensee agrees to the limited use of Licensee’s name by AccessData for marketing
purposes, provided AccessData complies at with Licensee’s then-current trademark usage and other quality control
provisions.
6.8. AccessData’s Rights. Licensee acknowledges and agrees that the Licensed Products consists of proprietary,
published and unpublished property of AccessData, protected under United States copyright law and trade secret laws,
international treaties and conventions, and other national and international laws of general applicability respecting
intellectual property rights. Licensee further acknowledges and agrees that all right, title, interest, and other intellectual
property rights in and to the Licensed Products are and shall remain with AccessData. This EULA does not convey to
Licensee an interest in or to the Licensed Products, but only a limited right of use revocable in accordance with the terms of
this EULA. This EULA does not grant Licensee any rights to trademarks or service marks of AccessData.
6.9. Export Restrictions. Licensee acknowledges that the Licensed Products are subject to export controls under United
States laws and regulations, including the Export Administration Regulations, 15 C.F.R. Parts 730-774, and the regulations
administered by the U.S. Treasury Department’s Office of Foreign Assets Control, 31 C.F.R. Parts 500-599, and may be
subject to other applicable laws and regulations in other jurisdictions relating to export, re-export, import, transfer or other
disposition of software and other technology (collectively, “Export Control Laws”). From and after AccessData’s delivery of
the Licensed Products to Licensee, Licensee shall comply with any and all Export Control Laws applicable to the Licensed
Products.
6.10. U.S. Government Restricted Rights. All rights not expressly granted or licensed to Licensee pursuant to this EULA
are reserved to AccessData. For the avoidance of doubt, the parties expressly agree that under this EULA Licensee does not
obtain any Government Purpose Rights (as that term is defined in 48 C.F.R. 252.227-7014). To the extent any federal
government contracting rules and regulations even apply to this EULA, AccessData hereby indicates that any Software or
Documentation provided in connection with this EULA has been developed entirely at private expense. Therefore, such
Software is “commercial computer software” and such Documentation is “commercial computer software documentation”
as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) and 48 C.F.R. 252.227-7014(a)(5). Use, duplication, or disclosure
by Customer is subject to restrictions set forth in this EULA and, to the extent applicable, as set forth in FAR 52.227-19 and
DFARS 252.227-7014, or their equivalent.

AccessData Group, Inc. End-User License Agreement

6.11. Audit Right. Licensee shall maintain complete and accurate books and records relating to compliance with the
usage restrictions of the Licensed Products. AccessData shall have the right at its own expense, during normal business
hours and upon reasonable written notice, to audit Licensee’s computers, books and records to verify Licensee’s compliance
with the terms and conditions of this EULA.
6.12. Governing Law. This EULA shall be construed and governed in accordance with the laws of the State of Delaware,
USA, without regard to provisions relating to conflicts of laws. Any dispute arising out of or with respect to this EULA
between Licensee and AccessData shall be solely adjudicated by the competent Federal or State court situated in Salt Lake
City, Utah, USA. Licensee and AccessData consent to the venue and jurisdiction of such court for purposes of any such
dispute. EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE BETWEEN THEM. The Parties agree that
the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Licensee agrees
to abide by the terms of any international, national, or local laws and regulations that apply to Licensee’s use of the
Software including, without limitation, laws respecting data privacy and individually identifiable information.
6.13. Miscellaneous. Any notice permitted or required to be given under this EULA shall be deemed sufficient if given by
registered or certified mail, postage prepaid, return receipt requested, by private courier service addressed to Licensee’s
address on Licensee’s invoice for the Software and/or to AccessData at 588 West 400 South, Suite 350, Lindon, Utah 84042
(with a courtesy copy by electronic mail to legal@accessdata.com), or to such other addresses as the parties may designate
by like notice from time to time. A notice so given shall be effective upon (a) receipt by the party to which the notice is
given; or (b) on the fifth day following mailing. Should any court of competent jurisdiction declare any term of this EULA
void or unenforceable, such declaration shall have no effect on the remaining terms hereof. The failure of either Licensee or
AccessData to enforce any rights granted hereunder or to take action against the other party in the event of any breach
hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the
event of future breach. AccessData may freely assign or otherwise transfer all or part of this EULA.
7.
8.
9. NOTIFICATION OF THIRD PARTY LICENSES.
Use of the Commercial Features for any commercial or production purpose requires a separate license from Oracle.
“Commercial Features” means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the
Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html.

© 2015 AccessData Group, LLC. All Rights Reserved

AccessData Group, Inc. End-User License Agreement