WANDISCO END USER AGREEMENT (Agreement)IMPORTANT - ALL USE OF THE WANDISCO SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT IS GOVERNED    BY, AND SUBJECT TO, THE TERMS AND CONDITIONS OF THIS AGREEMENT.  BY CHECKING THE I AGREE CHECKBOX, OR BY INSTALLING AND USING THE   SOFTWARE (INCLUDING CONTINUED USE FOLLOWING INSTALLATION OF A TRIAL VERSION, AN UPDATE OR AN UPGRADE), YOU, OR THE COMPANY YOU REPRESENT   (CUSTOMER) ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS   AGREEMENT.  IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CUSTOMER SHOULD CLICK THE CANCEL BUTTON AND CUSTOMER WILL   NOT HAVE ANY LICENSE TO ANY PART OF THE SOFTWARE OR RIGHT TO USE ANY PART OF THE SOFTWARE.  WANDISCOOS ACCEPTANCE IS EXPRESSLY CONDITIONED    UPON CUSTOMEROS ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE   CONSIDERED AN OFFER BY WANDISCO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.  THIS IS A LEGAL AGREEMENT BETWEEN CUSTOMER AND WANDISCO   AND YOU SHOULD PRINT AND KEEP A COPY OF IT.WANdisco (as defined below) offers a suite of software and maintenance and support services to   its customers.  In addition, WANdisco performs Professional Services (as defined below).  In consideration of the foregoing and the mutual    covenants and conditions herein contained, and other good and valuable consideration, the parties hereto agree as follows:1.   DEFINITIONS.1.1. Affiliates means in relation to either party, each and any subsidiary or holding company of that party and each and any   subsidiary of a holding company of that party.1.2. Confidential InformationO means:  (a)the Software; and (b)any business or technical   information of WANdisco or Customer, including but not limited to any information relating to WANdisco's or Customer's product plans,   designs, costs, product prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how   that is designated by the disclosing party as confidential or proprietary and, if orally disclosed, reduced to writing by the   disclosing party within thirty (30) days of such disclosure.1.3. Intellectual Property RightsO means patent rights (including patent   applications and disclosures), copyrights, trademark rights, trade secret rights, know-how and any other intellectual property rights   recognized in any country or jurisdiction in the world.1.4. OSSO means the most recent, stable release of the open source software (i.e.,   Subversion, Git or other open source software supported by WANdisco), which must be obtained directly from WANdisco in order to be   supported by WANdisco.  OSS is licensed by Customer and subject to the applicable license agreement between Customer and the author.1.5.   Professional ServicesO means additional services over and above maintenance and support such as installation, training, implementation   and customization and provided on a project by project basis.1.6. QuotationO or QuoteO means the quote generated by WANdisco in response   to CustomerOs indication of interest in the Software and associated maintenance and support services and/or Professional Services.  The   Quotation will contain particulars with respect to the Software, service, term, price and other details.  All Quotations issued by   WANdisco following execution of this Agreement shall be governed by the terms and conditions of this Agreement unless agreed otherwise in   writing by the parties.1.7. SoftwareO means WANdisco's proprietary software products in object code form only, and related documentation,   identified in the applicable Quotation and licensed for use by Customer pursuant to this Agreement, including any error corrections and   updates thereto provided by WANdisco to Customer under this Agreement.  Software does not include OSS. 1.8. WANdiscoO means the WANdisco   entity named in CustomerOs Quotation.2. LICENSE.2.1. Perpetual/Fixed Term Licenses.  For Quotes in which Customer has ordered a perpetual   or fixed term license, and subject to the terms and conditions of this Agreement and in consideration of the fees paid by Customer   hereunder, WANdisco grants to Customer:(a) in the case of a perpetual license, which shall only apply outside the European Union: a non-  exclusive, non-transferable, perpetual (except as set forth in Section 11) license; or(b) in the case of a fixed term license, which shall   only apply inside the European Union: a non-exclusive, non-transferable license for a fixed term of 10 years from the date Customer   accepts this Agreement,to use the Software solely in accordance with the applicable documentation and solely for Customer's internal   business use, except as otherwise may be expressly permitted in this Agreement. WANdisco reserves all rights and licenses in and to the   Software not expressly granted herein. Notwithstanding anything to the contrary herein or in a Quotation, all perpetual licenses granted   to CustomerOs inside the European Union are fixed term licenses, regardless of whether stated as fixed term or perpetual in the   Quotation.2.2. Subscription Licenses.  For Quotes in which Customer has ordered a subscription license, and subject to the terms and   conditions of this Agreement and in consideration of the fees paid by Customer hereunder, WANdisco grants to Customer a nonexclusive,   nontransferable license, during the applicable term, to use the Software solely in accordance with the applicable documentation and solely   for Customer's internal business use, except as otherwise may be expressly permitted in this Agreement. WANdisco reserves all rights and   licenses in and to the Software not expressly granted herein. 2.3. Usage Limitations.  CustomerOs use of the Software is subject to   applicable usage limitations and other restrictions as described in the applicable Quotation (e.g., number of data nodes, volume of   replicated data, number of data storage types, etc.)  Exceeding such usage limitations or restrictions may result in additional charges   for which WANdisco will invoice Customer in accordance with Section 6 of this Agreement.  Failure to pay such additional charges may   result in termination of CustomerOs license.  For purposes of this Agreement, data nodesO means servers on which the Software is   installed and on which data is made available for replication; replicated dataO means the amount of data Customer makes available for   replication by the Software, or the amount of data Customer actually replicates, whichever is larger; and number of data storage typesO   means the number of third party storage media (and different releases thereof) Customer is permitted to replicate from.2.4. Trial License.   Customer may be issued a trial version of the Software.  Such trial version will be time limited and will provide Customer the   opportunity to evaluate the Software prior to purchasing a license.  Upon conclusion of the applicable trial period, Customer shall either   purchase a subscription or perpetual license, in which case a new license key will be issued, or Customer must immediately remove and   cease using the Software.2.5. Quick Start or Restricted License.  Customer may purchase a quick startO or other form of reduced usage or   restricted license to the Software.  The applicable Quotation will describe the permitted usage and any other limitations for CustomerOs   use of the Software.  Exceeding such usage or other restrictions may result in a requirement that Customer purchase the applicable non-  restricted or enterpriseO license and terminate the restricted license, all of which will be described in a new Quotation.2.6. License   Restrictions.  Customer has no right to transfer, sublicense or otherwise distribute the Software to any third party.  Except as expressly   permitted in this Agreement and by applicable law, the license granted above does not permit Customer to, and Customer may not permit   third parties to:  (a)modify, disassemble, decompile or reverse engineer the object code of the Software; (b) copy the Software, except   for a reasonable number of backup copies; or (c)use the Software in any manner to provide service bureau, time-sharing or other computer   services to third parties.  Use of the Software by or for the benefit of an Affiliate of Customer is not permitted unless specifically   authorized in writing by WANdisco.  WANdisco may use electronic means to enforce time and usage limitations on CustomerOs use of the   Software and Customer shall take no action designed to alter or circumvent such enforcement.2.7. Maintenance and Support Services.    Subject to payment of the applicable fees, WANdisco will perform the maintenance and support services specified in a Quotation in   accordance with WANdiscoOs standard Software maintenance and support procedures as described in Appendix A, incorporated into this   Agreement by reference, which WANdisco publishes from time to time.  2.8. End of Life Policy.  WANdisco reserves the right to end-of-  lifeO certain software applications including the Software.  In such event, an end of life (EOLO) notice will be provided at least six   (6) months prior to the date on which the Software will become obsolete.  During the EOL notice period, WANdisco will work with Customer   to determine an appropriate migration path.  Customer shall be entitled to continue using EOL Software following the end of the EOL notice   period but WANdisco will no longer provide any maintenance and support services for such EOL Software.3. PROFESSIONAL SERVICES3.1.   Services Provided.  Details concerning Professional Services to be performed by WANdisco (or by its Affiliates or its or their authorized   subcontractors and certified channel partners) will be described in separate statements of work (SOWO) describing the project and related   terms, if any, specific to the applicable Customer project.  All requests for Professional Services shall be accompanied by a completed   SOW, a copy of which shall be attached to this Agreement at the appropriate time and deemed incorporated by reference herein.  No SOW   shall be effective unless and until accepted in writing by WANdisco.  Any changes, amendments, or waivers (ChangesO) to any SOW, or the   Professional Services provided thereunder, requested by either party must be mutually agreed upon in writing and signed (each a Change   OrderO).  WANdisco shall not be required to provide any Change unless and until a Change Order has been signed by an authorized   representative of both parties, and any delay or additional charges resulting from any delay of Customer to execute a Change Order shall   be the sole responsibility of Customer.  Changes to SOWs may result in adjustments to the charges and delays or changes in scheduled   Professional Services.  Unless specifically agreed in an applicable SOW, Professional Services will be performed only during WANdiscoOs   normal business hours, excluding weekends and holidays.  Requests by Customer to have Professional Services provided outside of normal   business hours are Changes and must first be agreed to by WANdisco in a Change Order.3.2. Term and Termination of Statements of Work.    Each SOW shall commence upon its execution by both parties and shall continue until all tasks described therein are completed, unless   earlier terminated pursuant to this Section 3.2.  A SOW may be terminated by either party if any material breach of such SOW continues   uncorrected for more than 30days (10 days in the event of non-payment) after receipt of written notice from the aggrieved party   describing the breach.  In the event of termination or expiration of this Agreement, all outstanding SOWs shall immediately terminate,   unless otherwise agreed in writing by the parties.3.3. Work Product.  Unless otherwise specifically agreed in an applicable SOW, WANdisco   shall own all right, title and interest (including all Intellectual Property Rights) in and to all inventions (whether or not patentable),   works of authorship, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by or on   behalf of WANdisco in connection with the Professional Services (Work ProductO).  All Work Product created hereunder shall be licensed to   Customer upon the same terms and conditions, and subject to the same restrictions, as the Software is licensed to Customer hereunder.4.   CUSTOMER OBLIGATIONS.4.1. Certification.  At WANdiscoOs written request and not more frequently than annually, Customer shall furnish   WANdisco with a signed certification verifying that the Software is being used in compliance with the terms and conditions of this   Agreement. 4.2. Cooperation and Data.  Customer acknowledges that in order to properly perform its obligations under this Agreement and   any executed statements of work, WANdisco may require access to CustomerOs premises, property, equipment, network, and other information,   data and/or documentation (DataO) that WANdisco reasonably requests from Customer.  If Customer fails in the timely provision of Data, or   fails to provide other access or cooperation, and such failures require additions, corrections or modifications related to WANdiscoOs   performance, Customer will reimburse WANdisco for resulting costs.5. OWNERSHIP.  WANdisco or its Affiliates and their licensors presently   own and will continue to own all worldwide right, title, and interest in and to the Software, including without limitation all   modifications, revisions and derivative works thereto, by whomever made, and all worldwide Intellectual Property Rights therein.  Customer   will not delete nor in any manner alter the copyright, trademark, and other proprietary rights notices of WANdisco or its Affiliates and   their licensors appearing on the Software as delivered to Customer.  Customer will reproduce such notices on all copies it makes of the   Software.6. PAYMENT.6.1. Perpetual and Fixed Terms Licenses.(a) License Fees.  Customer will pay to WANdisco the license fees set forth in   the Quotation in accordance with the payment schedule set forth therein.  If the Quotation does not include a payment schedule, then   payment of license fees are due in total in advance of commencement of the license.  If Customer requires a purchase order prior to   payment of WANdiscoOs invoice, it shall be CustomerOs responsibility to generate and issue any such purchase order in enough time to   prevent delay and/or termination of this Agreement and the applicable licenses.  (b) Maintenance and Support Fees.  Customer will pay to   WANdisco the maintenance and support fees set forth in the Quotation in accordance with the payment schedule set forth therein.  If the   Quotation does not include a payment schedule, then payment of maintenance and support fees are due annually in advance.  WANdisco shall   have the right to revise the maintenance and support fees.  In such event, WANdisco shall notify Customer if, and by what amount, it   intends to change the Maintenance and Support Fees, and Customer shall have the right, following such notice, to either continue to   receive maintenance and support services under this Agreement and pay the revised fees or notify WANdisco, in writing no later than thirty   (30) days following the date of WANdiscoOs notice, of CustomerOs intention to terminate its maintenance and support services at the end of   the current period.  No change in maintenance and support fees shall affect CustomerOs current maintenance and support services for which   Customer has already paid.(c) OSS Support Services Fees. Customer will pay to WANdisco the OSS support fees set forth in the Quotation in   accordance with the payment schedule set forth therein.  If the Quotation does not include a payment schedule, then payment of OSS support   fees are due annually in advance.6.2. Subscription Licenses.(a) Subscription Fees.  Customer will pay to WANdisco the subscription fees   set forth in the Quotation in accordance with the payment schedule set forth therein.  If the Quotation does not include a payment   schedule, then payment of subscription fees is due annually, in advance without invoice, with payment of the first yearOs subscription   fees due immediately following WANdiscoOs shipment of the applicable license key to Customer.  If Customer requires a purchase order prior   to payment of WANdiscoOs invoice, it shall be CustomerOs responsibility to generate and issue any such purchase order in enough time to   prevent termination of this Agreement and the applicable licenses.  WANdisco shall have the right to revise the subscription fees.  In   such event, WANdisco shall notify Customer if, and by what amount, it intends to change the subscription fees, and Customer shall have the   right, following such notice, to either continue its Subscription under this Agreement and pay the revised subscription fees or notify   WANdisco, in writing no later than thirty (30) days following the date of WANdiscoOs notice, of CustomerOs intention to terminate its   subscription at the end of the current period.  No change in subscription fees shall affect CustomerOs current subscription for which   Customer has already paid subscription fees.(b) Maintenance and Support Fees. Silver Support as defined in Appendix A is included in the   subscription fee and no additional fees are applicable.  Additional levels of support are available for additional fees as set forth in   the applicable Quotation.  Maintenance and support services fees will be billed on an annual basis, payable in advance, unless otherwise   stated in the applicable Quotation. In the event Customer fails to pay WANdisco on the due date, then to reinstate or renew maintenance   and support services (if allowed by WANdisco), Customer must first pay WANdisco (i)the annual maintenance and support services fee, and   (ii)the applicable reinstatement charge.(c) OSS Support Services Fees. Unless otherwise stated in the applicable Quotation, OSS support   services fees are included in the subscription fees paid by Customer.6.3. Professional Services.  Unless otherwise specified in an   applicable statement of work, Professional Services shall be provided on a time and materials basis at the rates specified in the   applicable SOW.  Customer will pay to WANdisco all amounts owed under an SOW no later than thirty (30) days from the date of the   applicable invoice.  6.4. Travel and Incidental Expenses.  Customer will reimburse WANdisco for any reasonable out-of-pocket expenses   incurred by WANdisco in connection with performing services at locations other than WANdisco's facility and, if Professional Services are   provided under an SOW such expenses shall be reimbursed in accordance with the SOW.  Payment shall be made no later than thirty (30) days   from the date of WANdisco's applicable invoice.6.5. Payment Terms and Taxes.  Customer will pay all amounts due under this Agreement in   the currency stated in the applicable Quotation and no later than thirty (30) days from the date of WANdiscoOs applicable invoice   therefor.  All past due amounts will incur interest at a rate equal to the lower of 1.5% per month or the highest rate permitted by law,   beginning as of ten (10) days after the applicable due date.  Customer will be responsible for, and will promptly pay, all applicable   taxes of any kind (including but not limited to sales and use taxes) associated with this Agreement or Customer's receipt or use of the   Software or the performance of services hereunder, except for example, taxes based on WANdisco's net income.  Termination or expiration of   this Agreement, or any statement of work, shall not relieve Customer of any payment obligation incurred prior to such termination or   expiration.7. WARRANTY.7.1. Limited Software Warranty.  WANdisco warrants that for a period of ninety (90) days after the date the   applicable license keys are provided by WANdisco the Software will function substantially in accordance with WANdiscoOs published   documentation as developed with the Customer.  As Customer's sole and exclusive remedy and WANdisco's entire liability for any breach of   the foregoing warranty, WANdisco will, at its sole option and expense, promptly repair or replace any Software that fails to meet this   limited warranty or, if WANdisco is unable to repair or replace the Software, refund to Customer the applicable fees paid upon return of   the nonconforming item to WANdisco and/or written confirmation that Customer has de-installed and is no longer accessing or using such   Software.7.2. Services Warranty.  WANdisco warrants that services provided by WANdisco hereunder will be performed in a good and   workmanlike manner in accordance with the terms of this Agreement.  In the event of a breach by WANdisco of the foregoing warranty of   which Customer notifies WANdisco in writing no later than thirty (30) days from completion of the applicable service, WANdisco will   correct at WANdiscoOs expense, any non-conforming portion of such service.7.3. Third Party Products.  The Software is designed to work   with third party storage solutions.  WANdisco makes no warranty, express or implied, with respect to such third party products and is not   responsible for failure of the overall solution to operate properly if such failures are a result of third party products.  WANdisco may   be required to interact with such third parties in order to diagnose and resolve problems, and Customer agrees to coordinate communication   and cooperation between WANdisco and such third parties.7.4. Disclaimer of Warranties.  THE LIMITED WARRANTIES SET FORTH IN THIS 7 ARE IN   LIEU OF, AND WANDISCO HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE OF   ACCURACY, MERCHANTABILITY/SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  WANDISCO DOES NOT WARRANT OR GUARANTEE THAT THE   SOFTWARE OR WORK PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE, WORK PRODUCT OR ANY SERVICES WILL MEET CUSTOMER'S   NEEDS.  FURTHER, WANDISCO MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND ACCEPTS NO LIABILITY FOR ANY FAILURE OR FAULT, OR ANY RESULTING HARM   OR DAMAGE, RESULTING FROM CUSTOMEROS FAILURE TO PROPERLY IMPLEMENT OR OPERATE THE SOFTWARE, INCLUDING WITHOUT LIMITATION FAILURE OF   CUSTOMEROS HARDWARE, SOFTWARE OR NETWORK ON WHICH THE SOFTWARE OPERATES OR FAULTS OR FAILURES OF THIRD PARTY SOFTWARE NOR RESULTING FROM   CUSTOMEROS FAILURE TO IMPLEMENT ADVICE PROVIDED BY WANDISCO AS PART OF ITS SUPPORT AND MAINTENANCE SERVICES.8. INDEMNIFICATION.8.1.   Infringement Indemnity.  WANdisco will defend any action brought against Customer to the extent that it is based upon a claim against   Customer by an unaffiliated third party that the Software, as provided by WANdisco to Customer under this Agreement and used within the   scope of this Agreement, infringes any U.S. patent or copyright, and will pay any costs, damages and reasonable attorneys' fees   attributable to such claim that are awarded against Customer, provided that Customer:  (a) promptly notifies WANdisco in writing of the   claim; (b)grants WANdisco sole control of the defense and settlement of the claim; and (c) provides WANdisco with all assistance,   information and authority required for the defense and settlement of the claim. 8.2. Injunctions.  If Customer's use of any of the   Software hereunder is, or in WANdisco's opinion is likely to be, enjoined or restricted due to the type of infringement specified in   Section8.1 above, WANdisco may, at its sole option and expense:  (a)procure for Customer the right to continue using such Software under   the terms of this Agreement; (b)replace or modify such Software so that it is non-infringing and substantially equivalent in function to   the enjoined or restricted Software; or (c)if options (a) and (b) above cannot be accomplished despite WANdisco's reasonable efforts,   then WANdisco may terminate Customer's rights and WANdisco's obligations hereunder with respect to such Software and refund to Customer   (1) for perpetual license, a pro-rata portion of the License Fee paid for such Software based on a three-year straight line depreciation   schedule, or (2) for subscription licenses, the amount of any prepaid but unused Subscription Fees.8.3. Exclusions.  Notwithstanding the   terms of Section 8.1, WANdisco will have no liability for, and Customer will indemnify WANdisco for, any claim to the extent it results   from: (a)modification of the Software made other than by WANdisco; (b)the combination, operation or use of any Software supplied   hereunder with equipment, devices or software not supplied by WANdisco to the extent such a claim would have been avoided if the Software   were not used in such combination; (c)failure of Customer to use updated or modified Software provided by WANdisco to avoid infringement;   or (d)Ecompliance by WANdisco with designs, plans or specifications furnished by or on behalf of Customer.8.4. Sole Remedy.  THE   PROVISIONS OF THIS SECTION8 SET FORTH WANDISCO'S SOLE AND EXCLUSIVE OBLIGATIONS, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT   TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.9. CONFIDENTIALITY.9.1. Use and Disclosure Restrictions.  During the term of   this Agreement, and for a period of five (5) years after any termination of this Agreement, each party will use the other party's   Confidential Information only as permitted herein, and will not disclose such Confidential Information to any third party except to   employees and consultants as is reasonably required in connection with the exercise of its rights and obligations under this Agreement   (and only subject to binding use and disclosure restrictions at least as protective as those set forth herein executed in writing by such   employees and consultants).  However, each party may disclose Confidential Information of the other party:  (a)pursuant to the order or   requirement of a court, administrative agency, or other governmental body, provided that the disclosing party gives reasonable notice to   the other party to contest such order or requirement; and (b)on a confidential basis to legal or financial advisors. 9.2. Exclusions.    The use and disclosure restrictions set forth in Section 9.1 shall not apply to information that:  (a)is or becomes generally known to   the public through no fault or breach of this Agreement by the receiving party; (b)is known to the receiving party at the time of   disclosure without an obligation of confidentiality; (c)is independently developed by the receiving party without use of the disclosing   party's Confidential Information; (d) the receiving party rightfully obtains from a third party without restriction on use or disclosure;   or (e) is disclosed with the prior written approval of the disclosing party.10. LIMITATION OF LIABILITY. 10.1. Total liability.  EXCEPT AS   SET FORTH IN APPENDIX B, EACH PARTY'S, AND ITS LICENSORSO, CUMULATIVE LIABILITY TO THE OTHER PARTY, FROM ALL CAUSES OF ACTION AND ALL   THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED:(a) IN THE CASE OF A PERPETUAL OR FIXED TERM LICENSE, A SUM EQUAL TO ALL   FEES PAID UNDER THIS AGREEMENT FOR THE SOFTWARE OR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION OR CLAIM; OR(b) IN THE CASE OF A   SUBSCRIPTION LICENSE, A SUM EQUAL TO 125% OF THE AMOUNTS PAID TO WANDISCO BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING   THE ACT OR OMISSION GIVING RISE TO THE CLAIM FOR THE SOFTWARE OR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION OR CLAIM. 10.2.   EXCLUSION OF DAMAGES. SUBJECT TO SECTIONS 11.3 AND 13.2(B), NEITHER PARTY SHALL IN ANY CIRCUMSTANCES HAVE ANY LIABILITY FOR ANY LOSSES OR   DAMAGES WHICH MAY BE SUFFERED BY THE OTHER (OR ANY PERSON CLAIMING UNDER OR THROUGH THE SAME), WHETHER THE SAME ARE SUFFERED DIRECTLY OR   INDIRECTLY OR ARE IMMEDIATE OR CONSEQUENTIAL, WHICH FALL WITHIN ANY OF THE FOLLOWING CATEGORIES: SPECIAL DAMAGE; LOSS OF PROFITS; LOSS OF   DATA; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY AND MANAGEMENT TIME; LOSS OF GOODWILL; OR COST OF PROCUREMENT OF   ALTERNATIVE SOFTWARE AND WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT   LIABILITY OR OTHERWISE AND WHETHER OR NOT WANDISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.10.3. Exclusions.  The   limitations of liability and exclusion of damages set forth in Sections 10.1 and 10.2 above shall not apply to (i)breach of Sections 2.6,   5, 6 or 9, or (ii)death, bodily injury or tangible property damage caused by a party's, or its employees', negligence or intentional   misconduct, or (iii) for fraud or fraudulent misrepresentation.10.4. High Risk Activities.  The Software and work product are not fault-  tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring   fail-safe performance, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air   traffic control, direct life support machines, or weapons systems, in which the failure of the Software or work product could lead   directly to death, personal injury, or severe physical or environmental damage.  WANdisco and its suppliers specifically disclaim any   express or implied warranty or liability for such activities.10.5. Basis of Bargain.  The parties expressly acknowledge and agree that   WANdisco has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate   the risk between WANdisco and Customer.11. TERM AND TERMINATION.11.1. Perpetual and Fixed Term Licenses.(a) Term.  This Agreement will   begin on the date Customer accepts this Agreement and will remain in effect thereafter unless terminated earlier in accordance with the   terms of this Agreement.  The term of each Software license granted by WANdisco hereunder will begin upon the date of receipt by Customer   of the Software specified in the applicable Quotation and will remain in effect thereafter until Customer discontinues use of such   Software or until terminated earlier by either party in accordance with the terms of this Agreement.(b) Maintenance and Support Services.    Maintenance and support services commence on the date set forth in the applicable Quotation and remain in effect for an initial term of   one (1) year, or such other term as specified in the Quotation (Initial TermO), unless terminated earlier in accordance with the terms of   this Agreement.  Following the Initial Term, maintenance and support services automatically renew for additional one year terms, or such   other renewal terms as specified in the Quotation (each a Renewal TermO) unless and until Customer notifies WANdisco, no later than sixty   (60) days prior to the end of the then-current term, that it does not wish to renew the maintenance and support services.  If Customer   cancels maintenance and support services and thereafter reinstates such services, a reinstatement fee will apply, which, unless otherwise   agreed in writing, is the amount of maintenance and support fees Customer would have paid had it not canceled such services.11.2.   Subscription Licenses.(a) Term.  This Agreement will begin on the date Customer accepts this Agreement and will remain in effect   thereafter unless terminated earlier in accordance with the terms of this Agreement.  Subscription licenses begin on the date set forth in   the applicable Quotation and remain in effect for an initial term of one (1) year, or such other term as specified in the Quotation   (Initial TermO), unless terminated earlier in accordance with the terms of this Agreement.  Following the Initial Term, subscription   licenses automatically renew for additional one year terms, or such other renewal terms as specified in the Quotation (each a Renewal   TermO) unless and until either party notifies the other, no later than sixty (60) days prior to the end of the then-current term, that it   does not wish to renew the subscription.  WANdisco may employ electronic means to terminate CustomerOs access to Software following   termination of a trial version or upon conclusion of a subscription.(b) Maintenance and Support Services.  Unless otherwise stated in the   applicable Quotation, maintenance and support services are included in the subscription and commence and terminate on the same dates as   the subscription except that WANdisco reserves the right to suspend and/or terminate maintenance and support services if Customer fails to   implement advice received from WANdisco as part of the maintenance and support services.11.3. Termination for Breach.  Each party will   have the right to terminate this Agreement or any Software license granted hereunder if the other party breaches any material term of this   Agreement and fails to cure such breach within thirty (30) days after written notice thereof.11.4. Automatic Termination.  This Agreement,   but not the Software licenses, will terminate automatically if Customer: (a)becomes the subject of any voluntary petition in bankruptcy   or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (b)becomes   the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or   composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.11.5. Effect of   Termination.  Upon any termination of this Agreement or of any individual Software license granted hereunder, Customer will: (i)promptly   pay all outstanding amounts owing to WANdisco, including without limitation under any statement of work; and (ii)immediately cease all   use of the applicable Software and will promptly return to WANdisco or, at WANdisco's request, destroy, all WANdisco Confidential   Information then in Customer's possession, including without limitation the applicable Software, and all copies and portions thereof, in   all forms and types of media, and provide WANdisco with an officer's written certification, certifying to Customer's compliance with the   foregoing.11.6. NonexclusiveRemedy.  Termination of this Agreement by either party will be a nonexclusive remedy for breach and will be   without prejudice to any other right or remedy of such party.11.7. Survival.  The rights and obligations of the parties contained in   Sections 2.6, 3.3, 5, 6, 7.4, 9, 10, 11.7 and 12 will survive the termination of this Agreement or of any individual Software license.12.   GENERAL.12.1. Open Source.  Certain components of the Software may contain open source software.  Information regarding open source   included in the Software can be found at www.wandisco.com/licensing. Subject to payment of the applicable fees, WANdisco will perform the   maintenance and support services specified in a Quotation in accordance with WANdiscoOs standard OSS support procedures as described in   Appendix B, incorporated into this Agreement by reference, which WANdisco publishes from time to time.12.2. Assignment.  Customer will   have no right to assign this Agreement, in whole or in part, by operation of law or otherwise, without WANdisco's prior written consent.    Any attempt to assign this Agreement without such consent will be null and void.12.3. Governing Law and Jurisdiction.  (a) US and Canadian   Customers.  This Agreement shall be governed by and construed under the laws of the State of California and the United States without   regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale   of Goods.  The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts   located in the jurisdiction in which WANdisco, IncOs headquarters is located.  Both parties consent to the jurisdiction of such courts and   agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by California state or U.S.   federal law.  In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs   and attorneysO fees.(b) Customers in All Other Jurisdictions.  If Customer acquired the Software in any other country than the US or   Canada, this Agreement and any claim under or in connection with it shall be governed by the laws of the state or country where Customer   acquired it. This agreement describes certain legal rights. Customer may have other rights under the laws of CustomerOs state or country.   Customer may also have rights with respect to the party from which it acquired the software. This Agreement does not change those other   rights if the laws of CustomerOs state or country do not permit it to do so.12.4. Government End Users.  If Customer is an agency,   department, or other entity of the United States Government (GovernmentO), the use, duplication, reproduction, release, modification,   disclosure or transfer of the Software or any related documentation of any kind, including technical data or related manuals, is   restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation   Supplement 227.7202 for military agencies.  The Software is commercial computer software and the related documentation is commercial   computer software documentation.  The use of the Software and related documentation is further restricted in accordance with the terms of   this Agreement, or any modification hereto.12.5. Export Administration.  Customer agrees to comply fully with all relevant export laws and   regulations of the United States (Export LawsO) to assure that neither the Software nor any direct product thereof are (1)exported,   directly or indirectly, in violation of Export Laws; or (2)are intended to be used for any purposes prohibited by the Export Laws,   including, without limitation, nuclear, chemical, or biological weapons proliferation.12.6. Severability.  If for any reason a court of   competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to   the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.12.7. Waiver.  The failure   by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other   provision.12.8. Notices.  All notices required or permitted under this Agreement will be in writing and delivered by courier or overnight   delivery service, or by certified mail, and in each instance will be deemed given upon receipt.  All communications will be sent to the   other partyOs registered office address or to such other address as may be specified by either party to the other in accordance with this   Section.  Either party may change its address for notices under this Agreement by giving written notice to the other party by the means   specified in this Section.12.9. Force Majeure.  If either party is unable to perform any of its obligations under this Agreement or to   enjoy any of its benefits because of (or if loss of services is caused by) natural disaster, action or decrees of governmental bodies, or   communication line failure not the fault of the affected party (Force Majeure EventO), the party who has been so affected shall   immediately give notice to the other party and shall do everything possible to resume performance.  Upon receipt of such notice, all   obligations under this Agreement will be immediately suspended.  If the period of nonperformance exceeds fifteen (15) days from the   receipt of notice of the Force Majeure Event, the party whose performance has not been so affected may, by giving written notice,   terminate this Agreement.  If a party fails to give immediate notice of any Force Majeure Event, and such failure to provide immediate   notice causes the other party to incur costs or expenses that would have been avoided had such immediate notice been provided, then the   party who failed to provide the requisite notice shall remain responsible for such costs or expenses.12.10. Relationship of Parties.  The   parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint   venture, employment, franchise, or agency between the parties.  Neither party will have the power to bind the other or incur obligations   on the other's behalf without the other's prior written consent.12.11. Announcements.  Customer agrees that WANdisco may publicly announce   and list Customer as a customer of WANdisco.12.12. Non-Solicitation.  Customer acknowledges that WANdisco has expended substantial time   and money in the selection and training of its employees.  Accordingly, Customer will not, directly or through an intermediary, solicit,   utilize or employ any employees of WANdisco during or for a period of one (1) year following the termination of this Agreement.  In the   event Customer employs an employee of WANdisco during the term of this Agreement or during the one year period after termination thereof,   Customer shall pay, as liquidated damages to WANdisco, an amount equal to one (1) year's salary of such hired employee (at the payment   rate at the time of the employee's termination of employment with WANdisco) plus any incentive bonuses paid by WANdisco to the subject   employee in the twelve (12) months preceding the subject employee's termination of employment with WANdisco.12.13. Entire Agreement.  This   Agreement, including all schedules, exhibits and attachments attached hereto, contains the complete understanding and agreement of the   parties and, other than the terms and special terms set forth in applicable Quotations, supersedes all prior or contemporaneous agreements   or understandings, oral or written, relating to the subject matter herein.  Except for Quotations, statements of work and change request   forms, no terms, provisions or conditions of any purchase order, acknowledgement or other business form that either party may use in   connection with the transactions contemplated by this Agreement will have any effect on the rights, duties or obligations of the parties   under, or otherwise modify, this Agreement, regardless of any failure of a receiving party to object to such terms, provisions or   conditions.  Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by   duly authorized representatives of the parties. Appendix AThese Maintenance and Support terms relate to and are incorporated into the Agreement.  Capitalized terms not defined in Section   7 below have the same meaning as in the Agreement.1. COVERAGESubject to the terms hereof, WANdisco will provide maintenance and support   services only to Customer and only if the applicable fees have been paid by Customer. Customer must order the same support level for each   Software copy licensed, and failure to renew maintenance and support services for some Software copies shall result in termination of   maintenance and support services for all Software copies acquired by Customer.  2. MAINTENANCE AND SUPPORT SERVICESa. Maintenance and   support services consist of (a)WANdiscoOs online trouble ticket reporting system, (b)Telephone Support for critical queries, (c)Error   Correction and (d)product Updates. Maintenance and support services are provided to, and may be accessed only by, the Technical Support   Contact to whom login credentials have been provided.  The number of Technical Support Contacts and login credentials depends on the   Software licensed by Customer and the support service tier selected.  Login credentials are personal to the Technical Support Contact and   may not be shared with any other Customer personnel or contractor.  Customer is responsible for all use of such login credentials, and   additional credentials must be obtained from WANdisco if additional Technical Support Contacts are desired.  Product Updates consist of   one copy of published revisions to the printed documentation and one copy of revisions to the machine readable Software that are not New   Products. b. WANdisco shall advise Customer of New Products that it decides, in its sole discretion, to make available to Customer by   adding it to the Agreement.  Payment for New Products is not covered by the maintenance and support or subscription fee.  All product   Updates or New Products provided to Customer shall be governed by the terms of the Agreement, including without limitation the applicable   fees and discounts. Upon installation of Updates or New Products, prior versions or releases are to be destroyed.c. WANdisco shall provide   all Resolutions to the Technical Support Contact for implementation. WANdisco implementation of Resolutions is provided only as a   professional service, for which additional fees will apply as outlined in an applicable statement of work that must be executed prior to   WANdisco performing such services.d. WANdisco will provide maintenance and support services for OSS in accordance with this Appendix A;   provided, however, that WANdisco makes no warranty or guarantee that any Fix, Workaround or other Error Correction suggested or developed   by WANdisco will be accepted by the open source community and/or be incorporated into future OSS versions.3. TIERED SERVICES.  Maintenance   and support servivces are provided to Customer in accordance with the applicable tier purchased by Customer.  The tiers are set forth   below.  Silver (Standard) Support is included in the Subscription Fee.  Gold and Platinum (Premier) Support is available for an additional   fee.  All Software copies will be supported under the same tier, and the parties may upgrade or downgrade the applicable tier upon mutual   written agreement.  Other information related to maintenance and support services is available at www.wandisco.com/support. Silver   Support* Support hoursMonday-Friday, 9:00 am to 5:00 pm PST or 0900 to 1700 GMT (Customer chooses)* Unlimited email support* Telephone   Support for critical queries during support hours only* Access to all Updates* Up to 2 named support contacts* Case allotment80 per   yearGold Support* Support hoursMonday-Friday, 24x5 (Customer chooses Pacific time zone or GMT)* Unlimited email support* Unlimited   Telephone Support for critical queries* Access to all Updates* Up to 5 named support contacts* Case allotment150 per yearPlatinum   Support* Support hours24x7* Unlimited email support* Unlimited Telephone Support for critical queries* Access to all Updates* Up to 10   named support contacts* Case allotmentUnlimited4. ERROR PRIORITY LEVELS AND RESPONSE TIMESa. WANdisco shall exercise commercially   reasonable efforts to correct any Error reported by Customer in the current unmodified release of Software in accordance with the priority   level reasonably assigned to such Error by WANdisco and in accordance with the support level purchased by Customer.b. Upon receipt of an   Error report, WANdisco will promptly evaluate the reported Error and classify it as Priority 1, 2, 3, or 4.  As an Error is addressed, the   classification of such Error may change.  Following such classification, WANdisco will use commercially reasonable efforts to perform the   following, in accordance with the support levels set forth below:i. Respond to Customer and assign WANdisco engineers to correct the   Error;ii. Provide Customer with status updates of the corrections; andiii. Initiate work to provide Customer with a Resolution (Response   TimeO).PrioritySilver SupportGold SupportPlatinum Support14 hours2 hours1 hour224 hours16 hours7 hours372 hours48 hours24 hours410 days7   days5 daysResponse Time means the amount of time between the initial report of an Error to WANdisco and when a WANdisco support engineer   initiates a support session with CustomerOs Technical Support Contact to resolve the Error.  Once a support session has been initiated,   WANdisco will work continuously with CustomerOs Technical Support Contact, during CustomerOs applicable support hours as determined by   CustomerOs support tier, to resolve the Error and provide a Resolution.  Errors reported via telephone by Silver Support Customers will be   logged into the online trouble ticket system and addressed in accordance with the Response Times set forth above.c. In order for WANdisco   to perform Error Corrections, Customer must provide information and access reasonably requested by WANdisco, including without limitation   talkbacks, Apache logs, system logs and screen shares.  WANdisco will provide support via remote access upon CustomerOs request.d. If   WANdisco believes that a problem reported by Customer may not be due to an Error in the Software, WANdisco will so notify Customer. At   that time, Customer may (1)instruct WANdisco to proceed with problem determination at CustomerOs possible expense as set forth below, or   (2)instruct WANdisco that Customer does not wish the problem pursued at CustomerOs possible expense. If Customer requests that WANdisco   proceed with problem determination at CustomerOs possible expense and WANdisco determines that the problem was not due to an Error in the   Software, Customer shall pay WANdisco, at WANdiscoO then-current and standard consulting rates, for all work performed in connection with   such determination, plus reasonable related expenses incurred therewith. Customer shall not be liable for (i)problem determination or   repair to the extent problems are due to Errors in the Software, (ii)work performed under this paragraph in excess of its instructions or   (iii)work performed after Customer has notified WANdisco that it no longer wishes work on the problem determination to be continued at   CustomerOs possible expense (such notice shall be deemed given when actually received by WANdisco). If Customer instructs WANdisco that it   does not wish the problem pursued at CustomerOs possible expense or if such determination requires effort in excess of CustomerOs   instructions, WANdisco may, at its sole discretion, elect not to investigate the problem with no liability therefor.5. EXCLUSIONSa.   WANdisco shall have no obligation to support:i. altered, damaged or modified Software or any portion of the Software incorporated with or   into other software;ii. Software that is not the then-current release or immediately Previous Sequential Release;iii. Where Customer fails   to provide information or access as required in Section 4.c above.iv. Software problems caused by CustomerOs negligence, abuse or   misapplication, CustomerOs use of the Software other than as specified in the WANdiscoO user manual, or by other factors beyond the   control of WANdisco, including without limitation natural disasters, acts of God, riots, strikes, power outages or similar occurrences   including those defined as Force Majeure Events at Section 12.9 of the Agreement; orv. Software installed on any computing environment   that is not supported by WANdisco.b. WANdisco shall have no liability for any changes in CustomerOs hardware that may be necessary to use   the Software due to a New Product, Workaround or maintenance Update.6. ROOT CAUSE ANALYSISAs part of the maintenance and support services   provided hereunder, WANdisco may create a root cause analysis report to be shared with Customer.  A root cause analysis report is for   information purposes only and does not obligate WANdisco to perform any additional services, create any additional warranties or create   any additional contractual liability.7. DEFINITIONSa. ErrorO means an error in the Software that degrades the Software as compared to the   user documentation provided to Customer.b. Error CorrectionO means the use of reasonable commercial efforts to remedy Errors.c. FixO   means the repair or replacement of object or executable code versions of the Software, or revised settings or configuration parameters, to   remedy an Error.d. New ProductO means a new software product that contains significant enhancements to the Software such as a revised   architecture, whether or not the name of the Software has changed.e. Previous Sequential ReleaseO means at any time the release of the   Software that has been replaced by the then-current release of the same Software. Notwithstanding anything else, a Previous Sequential   Release will be supported by WANdisco only for a period of six (6) months after release of the then-current release.f. Priority 1 ErrorO   means critical severity.  Customer's production system is down or not functioning. Customer has experienced loss of production data and no   workaround is possible.g. Priority 2 ErrorO means high severity.  Customer's system is functioning in a severely reduced capacity. The   problem is causing significant impact to Customer's operations and productivity. Customer's system is exposed to a potential loss of data   or interruption of service.h. Priority 3 ErrorO means medium severity.  Loss of non-critical functionality. Customer can function and   there are workarounds available. This includes documentation errors.i. Priority 4 ErrorO means low severity.  General use question or   future enhancement request.j. ResolutionO means provision to Customer of a Workaround, Fix or Update that remedies a reported Error.k.   Status UpdateO means communication from WANdisco to CustomerOs named support contact of the status of the current problem and WANdiscoOs   efforts at Resolution.l. Technical Support ContactO means CustomerOs named individual(s) responsible for requesting and receiving support   from WANdisco.m. Telephone SupportO means technical support telephone assistance provided by WANdisco to the Technical Support Contact   during normal business hours concerning the installation and use of the then-current release of the Software and the Previous Sequential   Release.n. UpdateO means revisions, enhancements or other minor modifications to Software that WANdisco releases periodically and which   it makes generally available to its customers free of charge.  Updates are typically signified by a new number to the right of the decimal   point in the version number of the applicable Software (e.g., version 3.5 to version 3.6).o. WorkaroundO means a change in the procedures   followed or data supplied by Customer, or a temporary code Fix or script, to avoid an Error without substantially impairing CustomerOs use   of the Software until a permanent Fix can be provided.THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY.   THE SOFTWARE AND ALL MATERIALS RELATED TO THE SOFTWARE ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE AGREEMENT. THIS EXHIBIT   IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY   CONTRARY THERETO. Appendix B These OSS support terms relate to and are incorporated into the Agreement.  Capitalized terms have the same meaning as in the   Agreement. 1. OPEN SOURCE SUPPORT. 1.1. Support services.  If the applicable Quotation specifies that Customer is receiving OSS support   (i.e., Subversion, Git or other OSS), WANdisco will provide support services for the term specified in the Quotation. The Services shall   be provided through employees, contractors, vendors or Affiliates of WANdisco, as appropriate, in accordance with this Agreement. 1.2.   Supported Configurations  1.2.1. Server Operating System.  WANdisco supports CustomerOs use of OSS with the server operating systems   specified on WANdiscoOs support website.  If Customer is using an operating system other than one of the specified systems, WANdisco will   provide Customer with support services only if Customer has obtained prior approval from WANdisco support in a written agreement signed by   Customer and WANdisco.  If Customer has not obtained such approval and is not using one of the operating systems listed, then WANdisco   will not be obligated to provide Customer with support services as otherwise required under this Agreement. 1.2.2. Client Operating   System.  WANdisco supports CustomerOs use of OSS with client operating systems specified on WANdiscoOs support website.  If Customer is   using an operating system other than one of these listed systems, WANdisco will provide Customer with support services only if Customer   has obtained prior approval from WANdisco support in a written agreement signed by Customer and WANdisco.  If Customer has not obtained   such approval and is not using one of the operating systems listed, then WANdisco will not be obligated to provide Customer with support   services as otherwise required under this Agreement. 1.2.3. Client Software.  WANdisco supports CustomerOs use of OSS with the clients   specified on WANdiscoOs support website. If Customer is using a client other than one of these listed clients, WANdisco will provide   Customer with support services only if Customer has obtained prior approval from WANdisco Support in a written agreement signed by   Customer and WANdisco. If Customer has not obtained such approval and is not using one of the clients listed, then WANdisco will not be   obligated to provide Customer with support services as otherwise required under this Agreement.  1.2.4. Additional Required Information.    Upon CustomerOs purchase of OSS support services, WANdisco will send an email requesting certain additional information about CustomerOs   OSS environment and the names of those personnel within CustomerOs organization who will be authorized as a Named Support ContactO under   Appendix A to contact WANdisco.  This information is required in order to provide complete OSS support. If Customer does not provide this   information to WANdisco, Customer understands and agrees that this failure may prevent WANdisco from providing timely support and   maintenance services as otherwise might be required under the terms of this Agreement. 1.3. Changes to Level of Support.  Should Customer   decide to increase or decrease the level of support, Customer has purchased, any such change must be made by executing and submitting to   WANdisco Support its standard change request form; provided however that if the request is to decrease the level of support, such change   can only be made on the annual renewal anniversary for CustomerOs then current support level and the change request form must be submitted   at least thirty (30) days before such anniversary.  Customer must order the same support level for each copy of OSS licensed. 1.4.   License.  Upgrades and other materials are licensed to Customer under the same terms and conditions as Customer licensed the OSS. 1.5.   Indemnity.  If Customer has purchased the Platinum Support Level, Customer is entitled to the following indemnification, subject to the   terms and conditions set forth herein.  1.5.1. WANdisco will defend or settle, at its expense, any action brought or allegation made   against Customer by a third party to the extent that it is based upon a claim that the OSS provided by WANdisco to Customer under this   Agreement and used within the scope of this Agreement, infringes any copyright, trade secret, patent or trademark right of such third   party, and will pay any costs, damages, expenses (including reasonable attorneysO fees), and liabilities attributable to such claims that   are awarded against Customer.  WANdiscoO obligations hereunder are contingent on the following conditions: 1.5.1.1. Customer must have   obtained all OSS binaries, including upgrades, from WANdisco; and 1.5.1.2. Customer must notify WANdisco in writing promptly after   Customer becomes aware of a claim or the possibility thereof; and 1.5.1.3. Customer must grant WANdisco the sole control of the   settlement, compromise, negotiation, and defense of any such action; and 1.5.1.4. Customer must provide WANdisco with all information   related to the action that is reasonably requested by WANdisco. 1.5.2. The foregoing indemnity shall not apply to any infringement claim   to the extent arising from (i)use of binaries from a source other than WANdisco, (ii)OSS that has been modified by anyone other than   WANdisco, (iii) CustomerOs use of OSS in conjunction with CustomerOs data where use with such data gave rise to the infringement claim,   (iv) CustomerOs use of OSS with other software or hardware, where use with such other software or hardware gave rise to the infringement   claim, (v) use of other than the most current, unaltered version of OSS if such claim would have been avoided by the use of such version,   (vi) compliance by WANdisco with designs, plans or specifications furnished by or on behalf of Customer, or (vii) CustomerOs use or   distribution of OSS not in accordance with this Agreement or the applicable license agreement. 1.5.3. WANdisco shall not be liable   hereunder for any settlement made by Customer without WANdiscoOs advance written approval or for any award from any action in which   WANdisco was not granted control of the defense. 1.5.4. Notwithstanding anything to the contrary in this Agreement or otherwise,   WANdiscoOs liability under this Appendix B shall be limited to four (4) times the amount paid or payable by Customer under this Agreement   for OSS Support Services.  1.5.5. This Appendix B states WANdiscoO entire liability and CustomerOs (and CustomerOs agentsO and customersO)   exclusive remedy for infringement of intellectual property rights of any kind by the OSS.  2. OSS IS AN OPEN SOURCE SOFTWARE PRODUCT,   OWNED AND LICENSED BY A THIRD PARTY.  WANDISCO MAKES OSS AVAILABLE TO CUSTOMER SOLELY AS A CONVENIENCE AND, SAVE AS SET OUT ABOVE, ACCEPTS   NO LIABILITY OR OBLIGATION AS A RESULT THEREOF.  WANDISCO MAKES NO WARRANTIES OR GUARANTEES REGARDING OSS, AND HEREBY DISCLAIMS ALL   REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OSS, INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITIONS, WARRANTIES OR   OTHER TERMS OF MERCHANTABILITY/SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, DESIGN OR USE OR ANY WARRANTIES ARISING FROM A   COURSE OF DEALING, USAGE OR TRADE PRACTICE.  WANDISCO DOES NOT WARRANT OR GUARANTEE THAT OSS OR ANY UPDATES OR UPGRADES PROVIDED BY   WANDISCO WILL OPERATE UNINTERRUPTED OR ERROR-FREE.    13