SYMANTEC SOFTWARE LICENSE AGREEMENT SYMANTEC CORPORATION AND/OR ITS AFFILIATES (“SYMANTEC”) IS WILLING TO LICENSE THE LICENSED SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE LICENSED SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”). READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE LICENSED SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I DO NOT AGREE” OR “NO” BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES. 1.

DEFINITIONS.

“Content Updates” means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products. “Documentation” means the user documentation Symantec provides with the Licensed Software. “License Instrument” means one or more of the following applicable documents which further defines Your license rights to the Licensed Software: a Symantec license certificate or a similar license document issued by Symantec, or a written agreement between You and Symantec, that accompanies, precedes or follows this License Agreement. “Licensed Software” means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement. “Support Certificate” means the certificate sent by Symantec confirming Your purchase of the applicable Symantec maintenance/support for the Licensed Software. “Upgrade” means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec’s price list pursuant to Symantec’s then-current upgrade policies. “Use Level” means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in this License Agreement and the applicable License Instrument. 2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use). 2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be perpetual (subject to Section 14) unless stated otherwise in Section 17 or unless You have obtained the Licensed Software on a non-perpetual basis, such as, under a subscription or term-based license for the period of time indicated on the applicable License Instrument. If You have obtained the Licensed Software on a non-perpetual basis, Your rights to use such Licensed Software shall end on the applicable end date as indicated on the applicable License Instrument and You shall cease use of the Licensed Software as of such applicable end date. 3. LICENSE RESTRICTIONS. You may not, without Symantec’s prior written consent, conduct, cause or permit the: (i) use, copying, modification, rental, lease, sublease, sublicense, or transfer of the Licensed Software except as expressly provided in this License Agreement; (ii) creation of any derivative works based on the Licensed Software; (iii) reverse engineering, disassembly, or decompiling of the Licensed Software (except that You may decompile the Licensed Software for the purposes of interoperability only to the extent permitted by and subject to strict compliance under applicable law); (iv) use of the Licensed Software in connection with service bureau, facility management, timeshare, service provider or like activity whereby You operate or use the Licensed Software for the benefit of a third party; (v) use of the Licensed Software by any party GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007

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other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument. 4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. Symantec and its licensors retain any and all rights, title and interest in and to the Licensed Software, including in all copies, improvements, enhancements, modifications and derivative works of the Licensed Software. Your rights to use the Licensed Software shall be limited to those expressly granted in this License Agreement. All rights not expressly granted to You are retained by Symantec and/or its licensors. 5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec’s end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates. 6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument. 7.

LIMITED WARRANTY.

7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY. 7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY. 8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. 9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC’S GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007

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LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES. 10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. Any maintenance/support purchased for the Licensed Software is subject to Symantec’s then-current maintenance/support policies. 11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”). The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein. 12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement. 13. EXPORT REGULATION. You acknowledge that the Licensed Software and related technical data and services (collectively "Controlled Technology") are subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons. 14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software. 15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General. 16.

GENERAL.

16.1. ASSIGNMENT. You may not assign the rights granted hereunder or this License Agreement, in whole or in part and whether by operation of contract, law or otherwise, without Symantec’s prior express written consent. 16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software. 16.3. AUDIT. An auditor, selected by Symantec and reasonably acceptable to You, may, upon reasonable notice and during normal business hours, but not more often than once each year, inspect Your records and deployment in order to confirm that Your use of the Licensed Software complies with this License Agreement and the applicable License Instrument. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer’s Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the auditor’s reasonable actual fees for such audit.

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16.4. GOVERNING LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, United States of America. If You are located in China, this License Agreement will be governed by the laws of the Peoples Republic of China. Otherwise, this License Agreement will be governed by the laws of England. Such governing laws are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. If any provision of this License Agreement is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions of this License Agreement shall remain in full force and effect. A waiver of any breach or default under this License Agreement shall not constitute a waiver of any other subsequent breach or default. 16.5. THIRD PARTY PROGRAMS. This Licensed Software may contain third party software programs (“Third Party Programs”) that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations You may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs. 16.6. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia. 16.7. ENTIRE AGREEMENT. This License Agreement and any related License Instrument are the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a License Instrument that accompanies or follows this License Agreement. 17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above. 17.1

ADDITIONAL DEFINITIONS.

“Cold Disaster Recovery Equipment” means a server and/or processor or device on which the Licensed Software may be installed and configured under a Cold Disaster Recovery License, and which is not production use servicing transactions or requiring workloads during periods of Your normal internal business operations. “Database Instance” means a complete database environment, which can run simultaneously at any one point in time with other instances of the same database environment on a physical server. “Device” means a single computer, storage drive or other device (i) on which You can install and use the Licensed Software, (ii) from which You access and use the Licensed Software installed on a network, or (iii) a physical connection point that links together two separate devices. “Disaster” means an unforeseen occurrence causing the operation of the applicable systems on which the Licensed Software is used for Production Use, or the Licensed Software installed on such systems, to be substantially impaired or prevented, which occurrence may include but is not limited to fires, earthquakes, floods and computer viruses. “Failover Readiness Testing” means testing of the procedures for transferring Your production operation from one server to another. “Managed Database” means a Database Instance that is managed, monitored and/or protected by the Licensed Software but may not actually be running the Licensed Software itself. “Managed Device” means a Device that is managed, monitored and/or protected by the Licensed Software but that may not actually be running the Licensed Software itself. “Managed Server” means a Server that is managed, monitored and/or protected by the Licensed Software but that may not be running the Licensed Software itself. “Managed User” means a User who is managed, monitored and/or protected by the Licensed Software. The number of Users required to be licensed shall be equal to the number of individual persons, devices and/or individual user directory accounts that are managed, monitored and/or protected by the Licensed Software, as applicable. “Production Use” means any functional operation of the Licensed Software in support of Your normal business operations (such as normal productive use and pre-production testing other than Failover Readiness Testing). “Server” means an individual computer, acting as a service or resource provider to client computers by sharing the resources within the network infrastructure. A Server can run server software for other computers or devices. GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007

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“Testing Day” means a period of twenty-four (24) consecutive hours, or any lesser portion of such twenty-four (24) hour period. “User” means an individual person and/or device authorized by You to use and/or benefits from the use of the Licensed Software, or is the person and/or device actually using any portion of the product or service or is an individual user directory account. “Virtual Operating System Instance” means a single computer operating system instance created through the use of virtualization technology which allows the user to run multiple instances of the operating system directly on a single, physical machine or device. 17.2

ADDITIONAL LICENSE RIGHTS AND RESTRICTIONS.

17.2A If the License Instrument indicates that You have obtained a license for one of the Symantec products listed below in this Section 17.2A, then You may use such Licensed Software to manage no more than the number of Managed Servers at the Use Levels that have been licensed to You by Symantec under an applicable License Instrument: 1.

Symantec Control Compliance Suite Standards Manager

2.

Symantec Control Compliance Suite Standards Manager Mid Range Virtual Server

3.

Symantec Control Compliance Suite Standards Manager For Middleware

17.2B If the License Instrument indicates that You have obtained a license for one of the Symantec products listed below in this Section 17.2B, then You may use such Licensed Software to manage no more than the number of Managed Users at the Use Levels that have been licensed to You by Symantec under an applicable License Instrument: 1.

Symantec Control Compliance Suite Standards Manager Directory Services

2.

Symantec Control Compliance Suite Standards Manager Exchange

17.2C If the License Instrument indicates that You have obtained a license for Symantec Control Compliance Suite Policy Manager or Symantec Control Compliance Suite Risk Manager, then You may use an unlimited number of copies of such Licensed Software solely within Your own organization. 17.2D If the License Instrument indicates that You have obtained a license for Symantec Control Compliance Suite Standards Manager for Network Devices, then You may use such Licensed Software to manage no more than the number of Managed Devices at the Use Levels that have been licensed to You by Symantec under an applicable License Instrument. 17.2E If the License Instrument indicates that You have obtained a license for Symantec Control Compliance Suite Standards Manager Per DB Instance, then You may use such Licensed Software to manage no more than the number of Managed Database Instances at the Use Levels that have been licensed to You by Symantec under an applicable License Instrument. 17.2F If the License Instrument indicates that You have obtained a license for the Symantec Control Compliance Suite ISO content add-on (“ISO Add-on”), You may use each such license to the ISO Add-on for up to five (5) Users under an applicable License Instrument. You may use such ISO Add-on solely in conjunction with Your use of the applicable Licensed Software. 17.2G

Use of the Licensed Software in a Failover Cluster Configuration.

1. If You are using the Licensed Software to scan servers in a failover cluster configuration, wherein servers are clustered together to provide backup processing services should one computer within such cluster fails, then the following special licensing considerations apply: Failover clustering support can be configured two ways: a. Active/Active. This option allows all servers in the failover cluster to regularly process information. When a server fails, one server or more takes on the additional workload of the failed server (“Active”). b. Active/Passive. This option is characterized by at least one server in the cluster that does not regularly process information, but waits to pick up the workload when an Active server fails (“Passive”). You must purchase a license at the applicable Use Level for each Active server in a cluster being scanned by the Licensed Software. However, if a server is strictly Passive, and works only when an Active server has failed, no additional licenses are required for that Passive server. 2. In a clustering environment You must have a license for each instance (physical or virtual) of the Licensed Software. An “Instance” of the Licensed Software is created by executing the Licensed Software’s setup or install procedure and/or duplicating an existing instance. References to “Licensed Software” in this License Agreement, when used in a clustering environment, include “instances” of the Licensed Software.

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17.2H Use of host-based Licensed Software in a Virtual Operating System Instance. Except for the Excluded Symantec Products (defined below in this Section), if the License Instrument indicates that You have received a license for the Licensed Software, then in addition to using the Licensed Software on a physical machine or device You may also use the Licensed Software to scan Virtual Operating System Instances. The number of Virtual Operating System Instances being scanned by the Licensed Software may not exeed the total number of licenses for such Licensed Software as indicated on the applicable License Instrutment. For the avoidance of doubt, You are required to purchase a license for the Licensed Software for each Virtual Operating System Instance being scanned by the Licensed Software. For example, if Symantec has licensed the Licensed Software to You on a per Server basis, You may use such Licensed Software to scan the physical Server as well as to scan Virtual Operating Systems Instances within such physical Server so long as You have obtained a license for each physical Server and Virtual Operating System Instances being scanned by the Licensed Software. The terms and conditions set forth in this Section shall not be applicable to Your use of Symantec Control Compliance Suite Risk Manager, Symantec Control Compliance Suite Policy Manager or Symantec Control Compliance Suite Assessment Module (each an “Excluded Symantec Product” and collectively as the “Excluded Symantec Products”). 17.2I Your License Instrument will constitute proof of Your right to make and use such copies of the Licensed Software. If no License Instrument accompanies, precedes, or follows this License Agreement, You are not authorized to use the Licensed Software. 17.3

For System or Data Recovery Products: Section 2 of this License Agreement is hereby deleted in its entirety and replaced with the following:

“2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license rights: (a)

You may use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in this License Agreement and the applicable License Instrument.

(b)

Provided that You have a currently effective maintenance/support contract for the Licensed Software, You may install the Licensed Software on Your Cold Disaster Recovery Equipment and (i) You may use such Licensed Software for Failover Readiness Testing purposes for up to a cumulative total of thirty (30) Testing Days in any twelve (12) month period, which use may be concurrent with Your authorized Production Use of the Licensed Software under Section 2(a), and (ii) in the event of a Disaster, You may use such Licensed Software for Production Use at the Use Levels described in this License Agreement and the applicable License Instrument, for a period of up to ninety (90) consecutive calendar days, provided however, that such use may not be concurrent with Your regular Production Use of the Licensed Software under Section 2(a) and does not increase Your total number of licenses to the Licensed Software beyond those which You have purchased and which have been authorized by Symantec as indicated on the applicable License Instrument. The Licensed Software installed on Your Cold Disaster Recovery Equipment and used pursuant to the rights set forth in this subparagraph must be the same version of the Licensed Software You use for Your regular Production Use. In addition, the rights set forth in this subparagraph will automatically terminate in the event that You do not have a valid maintenance/support contract in effect for the Licensed Software.

(c)

You may make a single uninstalled copy of the Licensed Software for archival purposes.”

17.4

Symantec Control Compliance Suite Development Tools

17.4A.

Development License.

(i) CCS Integration Services API. If You obtain and utilize the CCS Integration Services API with the Licensed Software, You are entitled under this License Agreement to use a reasonable number of copies of such Development Tool(s) solely for the purposes of designing, developing, testing, using and demonstrating the integration of the Licensed Software with Your existing systems, other Symantec products, or third party products. Such Development Tool(s) license shall be in addition to any licenses for the other portions of the Licensed Software acquired by You under this License Agreement. You shall have no right to modify or alter the CCS Integration Services API. You may use the CCS Integration Services API solely with Your licensed use of Symantec Control Compliance Suite software. (ii) CCS Plug-In to Microsoft Windows Powershell: If You obtain and utilize the CCS Plug-In to Microsoft Windows Powershell (“CCS Powershell Plug-In”) with the Licensed Software, You are entitled under this License Agreement to use a reasonable number of copies of such CCS Powershell Plug-In solely for the purposes of designing, developing, testing, using and demonstrating the integration of the Licensed Software with Microsoft Windows Powershell software. Such license to the CCS Powershell Plug-In shall be in addition to any licenses for the other portions of the Licensed Software acquired by You under this License Agreement. You shall have no right to modify or alter the CCS Powershell Plug-In. GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007

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17.4B. No Redistributable Code. The Development Tool(s) shall only be used by You for Your internal use, except as expressly provided in this License Agreement, and may be not be distributed, alone or as integrated with any other code or product, by You in any manner whatsoever to any third party. 17.4C. Open Source Code. Your license rights to the Development Tool(s) are conditioned upon Your not creating derivative works of the Development Tool(s) in any manner that would cause the Development Tool(s) in whole or in part to become Open Source Code. “Open Source Code” means a software program that is licensed under terms that require disclosure to parties other than the licensor of the source materials of the software program or modifications thereof, or any source materials of any other software program with which the Open Source Code software program is intended to operate, or that create obligations to distribute any portions of any software program with which the Open Source Code software program is used. Open Source Code includes, without limitation, any software licensed under the GNU General Public License. 17.4D. Third Party Consultants. You may allow third party consultants to exercise the right granted in this Section 17.4 on Your behalf provided that: (a) You ensure that such consultants adhere to the applicable terms and conditions of this License Agreement; and (b) You indemnify Symantec for any breach of this License Agreement by such consultants. 17.4E. Warranty Disclaimer. THE DEVELOPMENT TOOL(S) ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED. FURTHERMORE, SYMANTEC SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE DEVELOPMENT TOOL(S) OR ANY APPLICATIONS PROVIDED BY YOU WHICH WERE DEVELOPED USING THE DEVELOPMENT TOOL(S). 17.4F. Development Disclaimer: Notwithstanding any other provision of this License Agreement, the following terms shall be applicable to the Development Tool(s): THE DEVELOPMENT TOOL(S) ALLOW YOU TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 17.4. SYMANTEC SHALL NOT BE RESPONSIBLE FOR ANY SUCH INTEGRATION OR ANY DEVELOPMENT AND PROGRAMMING ACTIVITIES UNDERTAKEN BY YOU, INCLUDING BUT NOT LIMITED TO USE OF THE DEVELOPMENT TOOL(S) FOR OTHER THAN THEIR INTENDED PURPOSE. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN YOUR DEVELOPMENT AND PROGRAMMING ACTIVITIES, YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS MAY CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE LICENSED SOFTWARE. YOU MAY USE THE DEVELOPMENT TOOL(S) TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS AT YOUR SOLE RISK. SYMANTEC SHALL HAVE NO LIABILITY FOR ANY USE OF THE DEVELOPMENT TOOL(S) FOR OTHER PURPOSES OR FOR ANY FAILURE OF THE DEVELOPMENT TOOL(S) AND/OR THE LICENSED SOFTWARE BASED ON YOUR FAILURE TO PROPERLY DEVELOP, PROGRAM, INSTALL, CONFIGURE AND MONITOR YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS. 17.5

Privacy; Data Protection.

17.5A. Automatically Collected and Transmitted Data. The Licensed Software collects from Your environment and automatically transmits to Symantec data, which may include, without limitation, machine configuration, SQL server details, license status, and system performance (“Transmitted Information”), provided, however, that You may optionally configure the Licensed Software so that such data is not collected and transmitted. If submitted, the Transmitted Information will be used for the purpose of: understanding the usability and supportability of the product. Submission of the Transmitted Information is not required and You will be able to use the Licensed Software even if You do not submit the Transmitted Information to Symantec. 17.5B. Stored Data. The Licensed Software collects from Your environment and stores in Your environment data, which may include, without limitation, IP address, domain name, domain users, user name, login passwords, security logs, server logs (“Stored Information”). The Stored Information is used to enable the functionality of the Licensed Software and will not be transmitted to Symantec. 17.5C. Technical Support. In the event that You provide information to Symantec in connection with a technical support request (“Technical Support Information”), such information will be processed and used by Symantec for the purpose of providing the requested technical support, including performing error analysis. 17.5D. Sharing and Transfer. In order to promote awareness, detection and prevention of internet security risks, Symantec may share the information collected through the Licensed Software and/or the Technical Support Information (the “Collected Information”) with research organizations and other security software vendors. Symantec may also use statistics derived from the Collected Information through the Licensed Software or submitted by You, to track and publish reports on security risk trends. The Collected Information may be transferred to Symantec Corporation, its affiliates and contractors in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007

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European Union) and will be stored and processed manually and electronically through global systems and tools for the purposes above. The Collected Information may be accessible by Symantec employees or contractors on a need-to-know basis, exclusively to be used in accordance with the purposes described above. For the same purposes the Collected Information may be shared with partners and vendors that process information on behalf of Symantec. Symantec has taken steps so that the Collected Information, if transferred, receives an adequate level of protection. 17.5E. Your Obligation to Personal Information. It is Your responsibility to ensure that any disclosure by You to Symantec of personal information of Your users or third parties is in compliance with national laws governing the collection, use and protection of personal information applicable to Your country or region of operation. In particular, it is Your responsibility to inform users and third parties that You are providing their information to Symantec, to inform them of how it will be used and to gather appropriate consents required for such transfer and use. 17.5F. Disclosures to Law Enforcement. Subject to applicable laws, Symantec reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to Your use of the Licensed Software. This means that Symantec may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. 17.5G. Contacting Symantec about Your Privacy. For any inquiry about in the Collected Information or about Symantec’s privacy policies, please contact us at [email protected]. 17.6 As an essential function of the product, the Licensed Software provides Symantec-proprietary content and functionality subject to Symantec’s rights as Licensor, including the right to license the Symantec-proprietary content and functionality for a fee, as applicable. As a convenience, the Licensed Software may also provide copies of non-proprietary public record documents with no claim of right and no additional charge by Symantec. Such non-proprietary public record documents are subject to the following disclaimer: All public record documents (i) are offered for informational purposes and should not be construed as legal advice or policy of the document’s source, and (ii) may be freely copied provided that all copies provide proper source attribution and are offered free of charge. 17.7 Section 8 (Warranty Disclaimers) of this Licensed Agreement is hereby deleted and replaced in its entirety with the following: “8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND IN ADDITION TO THE PRECEDING WARRANTY DISCLAIMERS, SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE LICENSED SOFTWARE, INCLUDING ANY POLICY FILES MADE AVAILABLE TO YOU WILL GUARANTEE YOUR COMPLIANCE WITH ANY REGULATIONS, LAWS, STATUTES OR RULES AND YOU SHALL REMAIN SOLEY RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH REQUIREMENTS.” 17.8 Symantec’s third party licensors are intended to be, and shall be, third party beneficiaries under this License Agreement with respect to their respective portions of the Licensed Software, but shall thereby incur no liability of any kind, and may enforce their rights in their respective portions of the Licensed software directly against You. 17.9 The License Software is distributed with certain independent code that is licensed under the GNU General Public License (“GPL”) and/or other open source licenses (“Open Source Code”), and Open Source Code is licensed to You in accordance with the applicable open source licenses. You may obtain a copy of the GPL at http://www.gnu.org/licenses/lgpl.html. For a period of three years from the date of Your purchase of the Licensed Software, Symantec will at Your request provide to You a copy of the source code for the code licensed under the GPL, including any modifications made by Symantec. Symantec may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: CFO, Symantec Corporation, 350 Ellis St., Mountain View, CA 94043. To the extent that any of the terms and conditions of this License Agreement conflict with any such open source licenses, the conflicting terms and conditions shall not apply to the corresponding Open Source Code. 17.10 The Licensed Software contains Crystal Reports (defined below) which is owned by Business Objects (defined below) and Business Objects licenses the Crystal Reports components, including updates thereto, to You subject to Your compliance with the following Business Objects’ terms and conditions: A.

Definitions.

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“Bundled Product” means the Crystal Reports in combination with the OEM Products, where the Crystal Reports may be provided as an embedded component or integrated with the OEM Products or add-on module to the OEM Products. “Business Objects” means Business Objects Software Limited, SAP, SAP AG, and/or any of their Group Companies. “Business Objects’ Materials” means any software, programs, tools, systems, data, or other materials made available by Business Objects to You through its inclusion with the OEM Products, including, but not limited to, the Crystal Reports and Documentation, Address Directories, On-Demand Services relating to the Crystal Reports and Documentation. “Confidential Information” shall mean all information which Disclosing Party protects against unrestricted disclosure to others, furnished by the Disclosing Party or its Representatives (defined below) to the Receiving Party or its Representatives in writing or in other tangible form and clearly identified as confidential or proprietary at the time of disclosure by an appropriate legend indicating that the information is deemed confidential or proprietary by the Disclosing Party, including but not limited to information that is related to: (a) (b) (c) (d) (e)

(f)

the operations of the Disclosing Party; the research and development or investigations of the Disclosing Party; the business of any customer or partner of the Disclosing Party; Disclosing Party’s properties, employees, finances, operations; the following information regarding software and related documentation including, but not limited to, the OEM Products, and the Business Objects’ Materials and SAP Interface, (respectively, “Disclosing Party’s Software”): discoveries, inventions, concepts, designs, flow charts, documentation, product specifications, techniques and processes relating to Disclosing Party’s Software; and product offerings, content partners, product pricing, product availability, technical drawings, processes, ideas, techniques, formulas, data, schematics, trade secrets, know-how, improvements, inventions (whether patentable or not), marketing plans, forecasts and strategies.

Where the Confidential Information has not been reduced to written or other tangible form at the time of disclosure, and such disclosure is made orally or visually, the Disclosing Party agrees to identify it as confidential or proprietary at the time of disclosure and to summarize the Confidential Information in writing and deliver such summary within thirty (30) calendar days of such oral or visual disclosure. Neither Party shall identify information as confidential or proprietary that is not in good faith believed to be confidential, privileged, a trade secret, or otherwise entitled to such markings or proprietary claims. Without by any means limiting the meaning of the foregoing, the following information shall be deemed Confidential Information, no matter whether marked as confidential or not: (i) the business plans of the Disclosing Party (ii) the algorithms, source codes and application software interface (including but not limited to SAP Interface) specifications algorithms, contained in Disclosing Party’s Software as well as programming techniques and programming concepts, methods of processing and system designs embodied in Disclosing Party’s Software; (iii) certain other materials relating to the Software; and (iv) Records maintained by Symantec. “Crystal Reports” means, collectively, (i) the object code versions of Crystal Reports Runtime Engine 2008 SP2 and SAP Crystal Reports for Visual Studio.NET 2010 and 2011, along with the Documentation, if applicable, all as developed by or for SAP, SAP AG, Business Objects Software Limited and/or any of their Group Companies and delivered to You through its inclusion with the Licensed Software; (ii) any new Releases thereof that are on Business Object’s original equipment manufacturer (“OEM”) Product List and made generally available by Business Objects to Symantec as part of Symantec’s OEM support and (iii) any complete or partial copies of any of the foregoing. “Documentation” means the Business Objects documentation which is delivered or made available to You, if any, through its inclusion with the Licensed Software. “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, mask work rights, trade secret or confidentiality rights, trademarks, trade names and service marks and any other intangible property rights, including applications and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired. “OEM Products” means the Licensed Software. “Releases” means (i) a “major release“ that includes architectural changes and may be identified by a change of the release numeral to the left of the decimal point (e.g., 3.0)., (ii) a “minor release“ that includes improvements and bug corrections and may be identified by the release numeral to the right of the decimal point (e.g., 3.1)., and (iii) a “maintenance release“ indicating a bug correction or patch and may be identified by a change of the release numeral two digits to the right of the decimal point (e.g., 3.1.2) or otherwise designated as “SP” or “Service Pack”.

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“Runtime Product” means the version specific files and application program interfaces (APIs) specified in the RUNTIME.TXT file provided with SAP Crystal Reports 2008, SAP Crystal Reports for Eclipse 2.0, and SAP Crystal Reports for Visual Studio 2010. “SAP” means the SAP AG, Germany, which is either the licensor of Crystal Reports or the parent company of Business Objects Software Limited or an SAP Group Company. “SAP Interface” means any application interface developed by or with SAP Group Company that resides on or in the Crystal Reports and which, when activated by the OEM Products, will give access to the Crystal Reports. “Territory” means all the countries in the world except for those countries that are on the embargoed countries list or identified as restricted destinations by the United States, specifically the U.S. Export Administration Regulations (EAR), E.U., Irish and other export and import jurisdictions. B. You are only granted a non-exclusive, perpetual (except for subscription based or term licenses) license to use the Crystal Reports, Documentation, and other SAP Materials in the Territory to run the Your internal business operations (including customer back-up and passive disaster recovery) and to provide internal training and testing for such internal business operations. C. You are not permitted to modify, adapt, enhance, localize or translate the Crystal Reports or otherwise make derivative works of the Crystal Reports. Any such unauthorized works developed by You, and any Intellectual Property Rights embodied therein, shall be the sole and exclusive property of Business Objects or the respective SAP Group Company; and You hereby assigns all rights in them (including moral rights) to Business Objects or its designated Group Company. To the extent, Intellectual Property Rights embodied therein are not eligible to be transferred by operation of the law, Business Objects or the respective Group Company shall be granted exclusive rights to use to the widest extent lawfully possible. D. You shall not disassemble, reverse engineer or decompile, nor otherwise create or attempt to create the source code from the object code of the Crystal Reports in any manner; unless such action is indispensible in order to obtain information necessary to achieve interoperability of the Crystal Reports with an independently created computer program and You have not been provided such information, despite a written request, within a reasonable period of time. Information obtained through such action may not be used for purposes other than to achieve interoperability, and may not be given to third parties (except for You, Your contractors and Your agents authorized under this Agreement), unless this is necessary to establish interoperability, in particular is not to be used for the development, creation or marketing of programs similar to the Crystal Reports. E. Confidentiality Information. Confidential Information shall not be reproduced in any form except as required to accomplish the intent of this Agreement. Any reproduction of any Confidential Information of a Disclosing Party shall remain the property of the Disclosing Party and shall contain any and all confidential or proprietary notices or legends which appear on the original. The Receiving Party: (i) shall take all reasonable steps (defined below) to keep all Confidential Information confidential; (ii) shall not disclose or reveal any Confidential Information to any person other than its Representatives who otherwise need to know the Confidential Information for the purpose of the Party’s performance under this Agreement; (iii) shall not use Confidential Information for any purpose other than in connection with the Parties’ performance under this Agreement; and (iv) shall not disclose to any person (other than those of its Representatives who otherwise need to know for the purpose of the Party’s performance under the Agreement) any information about the Agreement, or the terms or conditions or any other facts relating thereto, including, without limitation, the fact that Confidential Information has been made available to the Receiving Party or its Representatives. As used herein “reasonable steps” means those steps the Receiving Party takes to protect its own similar proprietary and confidential information, which shall not be less than a reasonable standard of care. As used herein, “Representatives” shall mean (i) employees of Receiving Party or its Affiliates; (ii) attorneys, accountants, or other professional business advisors; and, additionally, , and (iii) employees of any entity who are directly involved in the performance of obligations under this Agreement. The Receiving Party shall be responsible for any breach of the terms of this Agreement by it or its Representatives The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: is independently developed by Receiving Party without reference to the Disclosing Party’s Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information; (ii) has become generally available to the public without breach of this Agreement by Receiving Party; (iii) at the time of disclosure to Receiving Party was known to such Party free of restriction; or (iv) Disclosing Party agrees in writing that information is free of such restrictions (i)

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In the event that the Receiving Party or any of its Representatives are requested pursuant to, or required by, applicable law or regulation or by legal process to disclose any Confidential Information or any other information concerning the Disclosing Party, this Agreement, or the Parties’ performance hereunder, the Receiving Party shall provide the Disclosing Party with prompt notice of such request or requirement in order to enable the Disclosing Party (i) to seek an appropriate protective order or other remedy; (ii) to consult with the Receiving Party with respect to the Disclosing Party’s taking steps to resist or narrow the scope of such request or legal process; or (iii) to waive compliance, in whole or in part, with the terms of this Agreement. In the event that such protective order or other remedy is not obtained in a timely manner, or the Disclosing Party waives compliance, in whole or in part, with the terms of this Agreement, the Receiving Party or its Representative shall use commercially reasonable efforts to disclose only that portion of the Confidential Information which is legally required to be disclosed and to require that all Confidential Information that is so disclosed will be accorded confidential treatment. Upon the Disclosing Party’s written request, the Receiving Party shall (upon termination of the Agreement or at the Receiving Party’s election) return or destroy all Confidential Information of the Disclosing Party and all copies, reproductions, summaries, analyses or extracts thereof or based thereon (whether in hard-copy form or on intangible media, such as electronic mail or computer files) in the Receiving Party’s possession or in the possession of any Representative of the Receiving Party; provided, however: (i) that if a legal proceeding has been instituted to seek disclosure of the Confidential Information, such material shall not be destroyed until the proceeding is settled or a final judgment with respect thereto has been rendered; and (ii) that the Receiving Party shall not, in connection with the foregoing obligations, be required to identify or delete Confidential Information held in archive or back-up systems in accordance with general systems archiving or backup policies. Upon each Party’s request, the other Party will, within thirty (30) days of termination, certify in writing to the other Party's compliance with this Section. The foregoing obligations shall survive any termination or expiration of this Agreement. Neither Party shall disclose the terms or conditions of this Agreement without the prior written approval of the other Party. A party’s liability for any breach of the foregoing confidentiality undertakings shall not be subject of any liability limitation as otherwise may be applicable under this Agreement. F. SAP AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SAP AND ITS SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, COVER OR OTHER DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE CRYSTAL REPORTS. G. You agree to enable Business Objects to perform audits with regards to the usage of the Crystal Reports at Your sites. H. You may permit services providers to access the Bundled Product solely for the purpose of providing facility, implementation, systems, application management, hosted application, managed services or disaster recovery services to You in connection with Your business for which the Crystal Reports is herein licensed provided: (i) You shall ensure that the services provider complies with the terms of this Section 17.10; (ii) the service provider shall hold the required licenses as stated in the Use Terms for all employees of such services provider authorized to access the Bundled Product; (iii) such services provider shall be permitted to Use the Crystal Reports solely to install and configure and use the Bundled Product in accordance with Your business needs as set forth herein (or in the case of a disaster recovery vendor, to provide disaster recovery services only); (iv) under no circumstances may such services provider use the Crystal Reports to operate or provide processing services for its own business operations or to other third parties; and (v) You shall be responsible for any additional Crystal Reports, migration tools, or third party software needed to effect such transition; and (vi) You expressly agree to indemnify SAP, its officers, employees, agents and subcontractors from and against all claims, liabilities, losses, damages and costs (including reasonable attorney fees) suffered by SAP arising from a breach by the services provider of the conditions of this Section 17.10. I. Runtime Product Distribution. You agree (i) to not modify, disassemble, decompile, translate, adapt or reverseengineer the Runtime Product or the report file (.RPT) format; (ii) to not to distribute the Runtime Product to any third party or use the Runtime Product on a rental or timesharing basis or to operate a service bureau facility for the benefit of third-parties; (iii) to not to use the Runtime Product to create for distribution a product that is generally competitive with SAP’s product offerings; (iv) to not to use the Runtime Product to create for distribution a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of SAP; and (v) that SAP AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SAP AND ITS SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, COVER OR OTHER DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH THE APPLICATION OR RUNTIME PRODUCT.

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