APPDYNAMICS, INC. END USER LICENSE AGREEMENT TERMS AND CONDITIONS THIS SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT") IS MADE AND ENTERED INTO AS OF________________, BETWEEN APPDYNAMICS, INC., A DELAWARE CORPORATION, WITH ITS PRINCIPLE PLASE OF BUSINESS AT 303 SECOND STREET, SUITE 450 NORTH TOWER SAN FRANCISCO, CA 94107 AND________________________, A ________________________, WITH ITS PRINCIPAL PLACE OF BUSINESS AT ________________________________________________________________ ("LICENSEE"). 1. LICENSE OF SOFTWARE. 1.1 LICENSE GRANT. During and limited to the Term (as defined in the Order Form, or in Section 1.3 hereof in the absence of a fully executed Order Form), and subject to these AppDynamics, Inc. Terms and Conditions (the "Terms and Conditions" or the "Agreement"), AppDynamics, Inc. ("Licensor") hereby grants to "Licensee" (in the case of a trial evaluation, the evaluating company; otherwise, as defined in the Order Form) a non-exclusive, non-transferable, non sublicenseable, limited right to use the AppDynamics, Inc. Application Management software product designated in an Order Form or accessed following input of a License Key (the "Software") in object code for internal business purposes only. This license is for the number of, and or size of, and or scope of any or all of these components: Controllers, Application Server Agents, Machine Agents as specified in the Order Form, as accessible through a License Key, or, in the case of Evaluation Use, as defined in Section 1.3. This agreement super cedes any other agreement between Licensor and Licensee. 1.2 RESTRICTIONS ON USE. Licensee may not: a) sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, make any commercial use of, outsource, use on a timeshare or service bureau, or use in an application service provider or managed service provider environment, or otherwise generate income from the Software; b) copy the Software onto any public or distributed network, except for an internal and secure cloud computing environment; c) cause or permit the decompiling, disassembly, or reverse engineering of any portion of the Software, or attempt to discover or permit the discovery of any source code or other operational mechanisms of the Software; d) modify, adapt, translate or create derivative works, nor allow any of those actions to occur, based on all or any part of the Software; e) use any portion of the Software as a general SQL server, as a stand alone application or with applications other than the Software as provided; nor f) modify any proprietary rights notices which appear in the Software or components thereof. 1.3 EVALUATION USE. If Licensee accessed the Software pursuant to an evaluation ("Evaluation Use"), then the Term is either, at Licensor's discretion: a) as determined by Licensor, terminable by Licensor upon ten (10) days notice to Licensee, or b) the length of time indicated in written materials available to Licensee prior to downloading the Software. Licensee may use the number and type of licenses indicated in written materials prior to Licensee's download of the Software, which will be enabled by Licensee's specific License Key. Licensor has the right to immediately revoke and terminate any Evaluation Use if Licensor determines that the License Key has caused an error in permitting access to any component of the Software, even if such error is not due to Licensee's act or omission. Any Evaluation Use is not capable of being renewed, will not have a Renewal Term, and Licensee represents and warrants that: a) Licensee has not previously evaluated the Software, and b) Licensee will not attempt to, by any means, evaluate the Software again without payment. Licensee agrees that violation of this provision or the Evaluation Terms may subject Licensee to monetary penalties, including but not limited to payment of all applicable fees as though the Software were licensed for payment. 1.4 UNAUTHORIZED USE. Licensee shall notify Licensor immediately of any unauthorized use of any password or account or any other known or suspected breach of security or misuse of the Software. Licensee is responsible for use of the Software by any and all employees, contractors, or other users that it allows to access the Software (each, a "User"), and shall ensure that all Users are subject to confidentiality and use provisions at least as restrictive as those contained herein, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with each User's use of the Software. 2. FEES. 2.1 PRICING. Licensee will be billed at those prices set forth in the applicable Order Form for the Term indicated therein, or, for Evaluation Use, Licensee shall not be billed unless otherwise specified in an Order Form. The prices in the Order Form include all charges for the Software. Fees do not include any customization of the Software. 2.2 LICENSE MANAGER AND AUDITS. Licensor may track Licensee's actual use of licenses through a license manager (the "License Manager"). Licensee agrees to allow the License Manager to send periodic information to Licensor for invoicing and/or auditing purposes. If Licensee disables or otherwise prevents the operation of the License Manager, Licensee agrees at Licensee's cost to allow Licensor to audit Licensee's use of the Software monthly, upon twenty-four (24) hours notice, to determine the actual Software use, using a commercially reasonable auditing procedure. 2.3 Support and Software UPDATES. "Support" is defined as the responsibilities set forth in Exhibit A, Standard Support. "Software Updates" means any new version of the Software including error corrections, bug fixes, or new capabilities and is indicated by a change to the version number (i.e., 3.2 is an Update from 3.1). Support and Software Updates are not available to Licensee unless 1) Licensee has purchased perpetual licenses and has specifically purchased Annual Support for those perpetual licenses as indicated on an Order Form or2) Licensee has purchased subscription licenses and is within the term of those subscription licenses as indicated on an Order Form. 3. INVOICES AND PAYMENTS. 3.1 INVOICES. Licensee will be invoiced for the amounts set forth in the Order Form or disclosed through the License Manager, whatever is greater (an "Invoice"). If the License Manager or other method reveals that Licensee's usage of the Software is in excess of those amounts set forth in the Order Form, Licensee will be billed for those overages at a pro-rated amount for the remainder of the Term, based on Licensor's then-current standard pricing unless otherwise specifically provided in an Order Form. 3.2 PAYMENTS. Licensee shall pay Invoices within thirty (30) days of the date of receipt thereof (the "Invoice Due Date"). Except as otherwise explicitly provided in an Order Form, all payment obligations are non-cancelable and all amounts paid are non-refundable. The fees paid by Licensee are exclusive of all taxes, levies, or duties imposed by taxing authorities, if any, and Licensee shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Licensor's income. Licensee agrees that the billing and contact information provided to Licensor is complete and accurate, and Licensor shall have no responsibility for any invoices that are not received due to inaccurate or missing information provided by Licensee. Licensee shall pay interest on all payments not received by the Invoice Due Date at a rate of 1.5% or the maximum amount allowed by law, whichever is lesser. Following fifteen (15) days written notice, Licensor shall be entitled to terminate Licensee's access to the Software if payments are not received within forty-five (45) days of the Invoice Due Date. 4. CONFIDENTIALITY. 4.1 DEFINITION. "Confidential Information" means any information, documents, materials or otherwise, whether tangible or intangible, in whatever format, that, when taking into consideration the nature of such information, documents, materials or otherwise and the circumstances surrounding disclosure of the same, a reasonable person would determine to be of a confidential or proprietary nature, which may include, without limitation, (a) these Terms and Conditions (but not the existence thereof); (b) the Documentation, data, drawings, benchmark tests, specifications, trade secrets, logins, passwords and other access codes, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not); (c) any and all information regarding Licensor's business, Software and services; and (d) other technical, business, financial and product information that is disclosed by one Party to the other. Each Party recognizes and acknowledges that the other's Confidential Information (and the confidential nature thereof) is critical to the business of the discloser and that the discloser would not enter into this transaction without assurance that it's Confidential Information and the value thereof shall be protected as provided in these Terms and Conditions. 4.2 NO DISCLOSURE. Each Party acknowledges that the Confidential Information constitutes valuable trade secrets and proprietary information of a Party, and each Party agrees that it shall use the Confidential Information of the other Party solely in accordance with these Terms and Conditions and that for a period of three (3) years, it will not disclose, or permit to be disclosed, the same directly or indirectly, to any third Party without the other Party's prior written consent, except as otherwise permitted hereunder. Nothing in this Section 4 is intended to restrict or otherwise limit the exercise by a Party of the rights and licenses granted hereunder; provided that such Party uses reasonable measures to protect the confidentiality and value of the other Party's Confidential Information. 4.3 REMEDIES FOR BREACH. In any addition to any and all remedies provided herein and by applicable law, Licensee agrees that a suspected or perceived breach of this Section 4 could cause irreparable harm to Licensor and Licensee accordingly agrees that Licensor is entitled to all legal and equitable relief, including but not limited to injunctive relief. 4.4 PERMITTED DISCLOSURE. Notwithstanding any provision hereof, either Party may disclose these Terms and Conditions, in whole or impart (a) to its employees, officers, directors, attorneys, auditors, financial advisors and/or subcontractors who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those hereunder; and (b) as reasonably deemed by a Party to be required by law, in which case each Party shall provide the other with prior written notification thereof, shall provide such Party with the opportunity to contest such disclosure, and shall use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law. Each Party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. 5. PROPRIETARY RIGHTS. Licensor and its suppliers own and shall retain all proprietary rights, including all copyright, patent, trade secret, trademark and all other intellectual property rights, in the United States and worldwide, in and to the Software, regardless of whether or not protected by patent, with the exception of any "free" or "open source" based software ("FOSS Software"), which is subject to the terms of use set forth in Exhibit B. All third party licensors and suppliers retain all right, title, and interest in third party software and all copies thereof, including copyright and other intellectual property rights. Licensor shall retain ownership of any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Licensee or any other Party relating to the Software. Licensee acknowledges that the licenses granted under these Terms and Conditions do not provide Licensee with title to or ownership of the Software. 6. TERM AND TERMINATION. The Initial Term is as specified in the Order Form, or if the Software is provided for Evaluation Use, for the Term specified in Section 1.3 hereof, and, except for Evaluation Use, shall automatically renew for successive Terms of the same length as the Initial Term (each, a Renewal Term) unless Licensee gives Licensor written notice of intent not to renew thirty (30) days prior to a Renewal Term. If either Party fails to comply with any provision of these Terms and Conditions, and if such breach is capable of being cured and has not been cured within thirty (30) days after receipt of written notice thereof, the non-breaching party may terminate this Agreement. The parties agree that a breach of Section 1 hereof by Licensee is not capable of being cured and entitles Licensor to immediately terminate for breach. Upon termination for any reason, Licensee shall cease any further use of the Software and destroy any copies of Licensed Material within Licensee's possession and control. 7. WARRANTIES. 7.1 LIMITED WARRANTY. Licensor warrants that during the first thirty (30) days following the Effective Date (the "Warranty Period") that the Software will, in all material respects, conform to the functionality described in the Licensor documentation. Licensor's sole and exclusive obligation, and Licensee's sole and exclusive remedy for a breach of this warranty shall be that Licensor shall be required to use commercially reasonable efforts to modify the Software to conform in all material respects the Licensor documentation, and if Licensor is unable to materially restore such functionality within thirty (30) days from the date of written notice of said breach, Licensee shall be entitled to terminate upon written notice and shall be entitled to receive a pro-rata refund of the unused license fees which have been paid in advance (if any). In the event of any material non-conformance reported after the Warranty Period, Licensor's sole and exclusive obligation and Licensee's sole and exclusive remedy shall be to obtain error corrections through Licensor's Standard Support services further described in Exhibit A. 7.2 WARRANTY DISCLAIMER. EXCEPT AS EXPLICITLY PROVIDED HEREIN, LICENSOR EXPRESSLY DISCLAIMS ANY ANDALL OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITHRESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE,VIRUS-FREE, OR SECURE ACCESS TO OR OPERATION OF THE SOFTWARE. LICENSOR EXPRESSLY DISCLAIMS ANYWARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED INCONNECTION WITH THE SOFTWARE. 8. INDEMNIFICATION. 8.1 BY LICENSOR. Licensor agrees to indemnify, defend and hold harmless Licensee from any third Party suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorney and accounting fees) that Licensee may sustain or incur arising from infringement or misappropriation by Licensor of any copyright, trademark or trade secret of a third Party, or any US patent issued or existing on or before the Effective Date; provided that Licensee complies with the terms of Section 8.3 below. In the event that the licensed Software are, or in Licensor's sole opinion is likely to be, enjoined due to the type of infringement described in this Section 8,Licensor, at its option and expense, may (a) replace the applicable Software with functionally equivalent non-infringing technology or (b)obtain a license for Licensee's continued use of the applicable Software, or, if the foregoing alternatives are not reasonably available to Licensor, (c) terminate the licenses and refund any sums prepaid for the unused Term, if any. THE FOREGOING PROVISIONS OF THISSECTION STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF LICENSOR AND THE EXCLUSIVE REMEDY OFLICENSEE, WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADESECRETS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE. 8.2 BY LICENSEE. Provided that Licensor complies with the terms of Section 8.3 below Licensee agree to indemnify, defend and hold harmless Licensor, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third Party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from End Users use of the Software, Licensee's violation of these Terms and Conditions or the infringement or violation by Licensee or any End User, of any intellectual property or other right of any person or entity. 8.3 INDEMNIFICATION REQUIREMENTS. In claiming any indemnification under this Section 8, the indemnified Party shall promptly provide the indemnifying Party with notice of any claim that the indemnified Party believes is within the scope of the obligation to indemnify. The indemnified Party may, at its own expense, assist in the defense if it so chooses, but the indemnifying Party shall control the defense and all negotiations relative to the settlement of any such claim. Any settlement intended to bind the indemnified Party shall not be final without the indemnified Party's written consent, which consent shall not be unreasonably withheld or delayed. 9. LIMITATION OF LIABILITY. 9.1 EXCEPT FOR LIABIILTY ARISING OUT OF LICENSEE'S BREACH OF SECTION ONE (LICENSE) OR EITHER PARTY'SBREACH OF SECTION 4 (CONFIDENTIALITY), , IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT,INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OFREVENUES OR PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER IN AN ACTION INCONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.EACH PARTY AGREES TO TAKE REASONABLE ACTION TO MITIGATE ITS DAMAGES. 9.3 EXCEPT FOR LIABILITY ARISING OUT OF BREACH OF SECTION 1 (LICENSE), SECTION 4 (CONFIDENTIALITY) ANDEACH PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8 (INDEMNITY), NEITHER PARTY'S LIABILITY FORANY DAMAGES SHALL EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID AND OWED TO LICENSOR DURINGTHE PRIOR TWELVE (12) MONTHS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, MISREPRESENTATIONS, NEGLIGENCE, STRICTLIABILITY AND OTHER TORTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIALPURPOSE OF ANY REMEDY. 10. FORCE MAJEURE. Except for payment obligations, neither Party hereto will be liable for defaults or delays due to Acts of God, or the public enemy, acts or demands of any government or governmental agency, fires, floods, accidents, or other unforeseeable causes beyond its control and not due to its fault or negligence. 11. MISCELLANEOUS. 11.1 CHOICE OF LAW AND FORUM. These Terms and Conditions shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into and to be performed in California. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving San Francisco, California. 11.2 WAIVER AND SEVERABILITY. Failure by either Party to exercise any of its rights under, or to enforce any provision of, these Terms and Conditions will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms and Conditions will remain in full force and effect. 11.3 GENERAL PROVISIONS. These Terms and Conditions embody the entire understanding and agreement between the parties respecting the subject matter hereof and supersede any and all prior understandings and agreements between the parties respecting such subject matter. Except as otherwise provided, any and all rights and remedies of either parties upon breach or other default under these Terms and Conditions will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms and Conditions or by law or equity on either Party, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in these Terms and Conditions are for reference only and will not be considered in construing these Terms and Conditions. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of these Terms and Conditions or use of the Software. This contract has been drafted in English at the express request of the parties. 11.4 ASSIGNMENT. These Terms and Conditions may not be assigned by either Party without the prior written approval of the other except that, in licenses that are limited in number, (i.e., fixed numbers of Logical CPUs), and that contain no "unlimited" feature in terms of number of users, Licensor may assign without consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger or other operation of law. Any purported assignment in violation of this section shall be void. 11.5 MARKETING. Licensee agrees that Licensor may refer to Licensee by trade name and logo, and may briefly describe Licensee's business, in Licensor's marketing materials and web site. Licensor and Licensee may, upon the parties' mutual agreement, issue a joint press release to announce the relationship of the parties hereunder. 11.6 NOTICES. Licensor may give notice by means of general Product notices, electronic mail to Licensee's e-mail address on record in Licensee's account information, or by written communication sent by first class mail or pre-paid post to Licensee's address on record in Licensee's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or twenty-four (24) hours after sending (if sent by email). Licensee may give notice to Licensor at any time by any letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Licensor at the following address: AppDynamics, Inc., 303 Second Street, Suite 450 North Tower San Francisco, CA 94107. Notice to Licensor shall be deemed given when received by Licensor. 11.7 MODIFICATIONS. As to any Updates or Upgrades of the Software, Licensor may amend these Terms and Conditions, which will be provided at the time of download of the Update or Upgrade. If Licensee does not agree to the amended Terms and Conditions, Licensee may elect not to accept and download the Updates or Upgrades. 11.8 EXPORT CONTROLS. Licensee shall comply with all export laws, restrictions, national security controls and regulations of the United States, and all other applicable foreign agencies and authorities, and shall not export or re-export any Software or technical data or any copy, portions or direct product thereof (i) in violation of any such restrictions, laws, or regulations, (ii) without all required authorization to into Cuba, Libya, North Korea, Iran, Iraq, or Rwanda or any other Group D:1 or E:2 country (or to a national or resident thereof);specified in the then current Supplement No. 1 to part 740 of the U.S. Export Administration Regulations (or any successor supplement or regulations) or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. Licensee shall, at its own expense, obtain all necessary customs, import, or other governmental authorizations and approvals. This paragraph shall survive termination of these Terms and Conditions. 11.9 NO THIRD-PARTY BENEFICIARIES. This Agreement is for the sole benefit of the parties hereto and their permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any right hereunder. 11.10 COUNTERPARTS. These Terms and Conditions or any associated Order Form may be executed in counterparts, each of which so executed will be deemed to be an original and such counterparts together will constitute one and the same Agreement. Facsimile signatures or signatures delivered via PDF (Portable Document Format) shall hold the same force and effect as an original signature for purposes of binding the Parties to these Terms and Conditions. Licensee's checking of a box indicating that Licensee agrees to these Terms and Conditions shall also constitute full and complete assent hereto. EXHIBIT "A" STANDARD SUPPORT 1. GENERAL REQUIREMENTS. Licensor will provide support via email and Internet ticketing system available 24 hours per day, 7 days per week. The email account and ticketing system shall be maintained by qualified support specialists who shall use commercially reasonable efforts to answer questions and resolve problems regarding the Software. 2. ERROR CLASSIFICATION. Licensee report errors or defects for correction to Licensor, which Licensor shall classify based on the following criteria: ERROR CLASSIFICATION - CRITERIA P 1 - A production AppDynamics server is completely inaccessible or the majority of its functionality is unusable P 2 - One or more key features of a production AppDynamics server are unusable. P 3 - Any other case where a AppDynamics feature is not operating as documented. P 4 - All enhancement requests. 2.1 FUNCTIONAL DEFINITIONS. For the purposes of error classification, essential or major functions include but are not limited to data capture features, SLA and alarming features, performance management features and application performance problem resolution features. 2.2 RESPONSE TIMES. Licensor shall use commercially reasonable efforts to respond to error reports within Four (4) hours for Severity 1 and Severity 2 errors and within one (1) business day for all other errors. Licensor will use all reasonable means to repair the error and keep Licensee informed of progress. Licensor makes no representations as to when a full resolution of the error may be made. Initial Response & Acknowledgment, by case priority: P1 - 4 hours P2 - 1 business day P3 - 1 business day P4 - 1 business day Fix or Workaround, by case priority: P1 - 1 day P2 - 1 week P3 - Next release P4 - At AppDynamics's discretion Escalation, by case priority: P1 issues: Manager: Immediate VP: 1 business day CEO: 1 week P2 issues: Manager: 1 business day VP: 1 week CEO: 2 weeks P3 issues: VP Products reviews all open bugs quarterly P4 issues: VP Product Management reviews all enhancement requests quarterly Email Status Updates for Open Cases, by case priority: P1 - Daily P2 - Weekly P3 - None P4 - None 2.3 Authorized Support Contacts. Support and maintenance will be provided solely to your authorized support contacts. Your Order will indicate a maximum number of authorized support contacts for your license level. You will be asked to designate your authorized support contacts, including their primary email address. 2.4 Defect Resolution. If there is a defect in the Software, AppDynamics will, at its sole option, repair that defect in the version of the software that you are currently using or instruct you to install a newer version of the Software with that defect repaired. AppDynamics reserves the right to provide you with a workaround in lieu of fixing a defect should it in its sole judgment determine that it is more effective to do so. 2.5 Support Hours. AppDynamics's support hours are 8 a.m. to 6 p.m. Pacific, Monday through Friday. Telephone, electronic and phone support is provided during these standard support hours only, except where case priority requires afterhours response. 2.6 Your Obligation to Assist. Should you report a purported defect in the Software to AppDynamics, AppDynamics may require you to provide them with the following information: (a) a general description of the operating environment, (b) a list of all hardware components, operating systems and networks, (c) a reproducible test case, and (d) any log files, trace and systems files. Your failure to provide this information may prevent AppDynamics from identifying and fixing that purported defect. 2.7 Software Updates. You must have a current AppDynamics support agreement or active subscription license in effect to receive access to Software Updates for AppDynamics Software, unless the agreement is not effective due to a breach by AppDynamics. EXHIBIT B FOSS TERMS OF USE The Software contains components that require the following terms be posted regarding their use. For more information, please ask AppDynamics, Inc. 1) Apache 2.0, which you may view at: http://www.apache.org/licenses/LICENSE-2.0 2) Project License, Copyright (c) 2000-2005 INRIA, France Telecom. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"AND ANYEXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALLTHE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESSINTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OFTHE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.