SYMANTEC SOFTWARE LICENSE AGREEMENT SYMANTEC CORPORATION AND/OR ITS AFFILIATES ("SYMANTEC") IS WILLING TO LICENSE THE LICENSED SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE LICENSED SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT ("LICENSE AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE LICENSED SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SYMANTEC. BY OPENING THE LICENSED SOFTWARE PACKAGE, BREAKING THE LICENSED SOFTWARE SEAL, CLICKING THE "I AGREE" OR "YES" BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE LICENSED SOFTWARE OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT AGREE" OR "NO" BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE LICENSED SOFTWARE. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE "DEFINITIONS" SECTION OF THIS LICENSE AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES. 1. DEFINITIONS. "Collected Data" means certain information which Symantec may collect, retain, disclose and use in connection with Your use of the Licensed Software and may include, but is not limited to, personally identifiable information about You, Your employees, agents or contractors acting on Your behalf, Your devices or systems or Your Licensed Software usage. "Content Updates" means content used by certain Symantec products which is updated from time to time, including but not limited to: updated anti-spyware definitions for anti-spyware products; updated antispam rules for antispam products; updated virus definitions for antivirus and crimeware products; updated URL lists for content filtering and antiphishing products; updated firewall rules for firewall products; updated intrusion detection data for intrusion detection products; updated lists of authenticated web pages for website authentication products; updated policy compliance rules for policy compliance products; and updated vulnerability signatures for vulnerability assessment products. "Documentation" means the user documentation Symantec provides with the Licensed Software. "Licensed Software" means the Symantec software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement. "Upgrade" means any version of the Licensed Software that has been released to the public and which replaces the prior version of the Licensed Software on Symantec's price list pursuant to Symantec's then-current upgrade policies. "Use Level" means the license use meter or model (which may include operating system, hardware system, application or machine tier limitations, if applicable) by which Symantec measures, prices and licenses the right to use the Licensed Software, in effect at the time an order is placed for such Licensed Software, as indicated in Section 17 of this License Agreement. 2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Symantec grants to You the following rights: (i) a non-exclusive, non-transferable (except as stated otherwise in Section 16.1) license to use the Licensed Software solely in support of Your internal business operations in the quantities and at the Use Levels described in Section 17 of this License Agreement; and (ii) the right to make a single uninstalled copy of the Licensed Software for archival purposes which You may use and install for disaster-recovery purposes (i.e. where the primary installation of the Licensed Software becomes unavailable for use). 2.1 TERM. The term of the Licensed Software license granted under this License Agreement shall be for the period of time specified in Section 17. Your rights to use such Licensed Software shall end at the end of Your purchased term and You shall cease use of the Licensed Software as of such applicable end date. 3. LICENSE RESTRICTIONS. You may not, without Symantec's prior written consent, conduct, cause or permit the: (i) use, copying, modification, rental, lease, sublease, sublicense, or transfer of the Licensed Software except as expressly provided in this License Agreement; (ii) creation of any derivative works based on the Licensed Software; (iii) reverse engineering, disassembly, or decompiling of the Licensed Software (except that You may decompile the Licensed Software for the purposes of interoperability only to the extent permitted by and subject to strict compliance under applicable law); (iv) use of the Licensed Software in connection with service bureau, facility management, timeshare, service provider or like activity whereby You operate or use the Licensed Software for the benefit of a third party; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement. 4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. Symantec and its licensors retain any and all rights, title and interest in and to the Licensed Software, including in all copies, improvements, enhancements, modifications and derivative works of the Licensed Software. Your rights to use the Licensed Software shall be limited to those expressly granted in this License Agreement. All rights not expressly granted to You are retained by Symantec and/or its licensors. GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007 1 5. CONTENT UPDATES. As part of the Licensed Software, You are granted the right to useContent Updates during the term of Your license, as and when such Content Updates are made generally available to Symantec's end user customers. This License Agreement does not otherwise permit You to obtain and use Content Updates. 6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable license certificate. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable license certificate based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec. 7. LIMITED WARRANTY. 7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC'S BREACH OF THIS WARRANTY. 7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec's reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC'S BREACH OF THIS WARRANTY. 8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SYMANTEC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. 9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SYMANTEC OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SYMANTEC'S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SYMANTEC'S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE, CONTENT UPDATES OR UPGRADES. 10. MAINTENANCE/SUPPORT. Symantec has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. If maintenance/support is included with your license of the Licensed Software, as specified on the purchase confirmation page for Your license, such maintenance/support shall be provided in accordance withthe then-current applicable Symantec policies for such maintenance/support. 11. SOFTWARE EVALUATION. If the Licensed Software is provided to You for evaluation purposes and You have an evaluation agreement with Symantec for the Licensed Software, Your rights to evaluate the Licensed Software will be pursuant to the terms of such evaluation agreement. If You do not have an evaluation agreement with Symantec for the Licensed Software and if You are provided the Licensed Software for evaluation purposes, the following terms and conditions shall apply. Symantec grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software solely for GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007 2 internal non-production evaluation. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software or (ii) sixty (60) days from the date of Your initial installation of the Licensed Software, if no such evaluation period is pre-determined in the Licensed Software ("Evaluation Period"). The Licensed Software may not be transferred and is provided "AS IS" without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Licensed Software Evaluation Period, You will cease use of the Licensed Software and destroy all copies of the Licensed Software. All other terms and conditions of this License Agreement shall otherwise apply to Your evaluation of the Licensed Software as permitted herein. 12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Licensed Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement. 13. EXPORT REGULATION. You acknowledge that the Licensed Software and related technical data and services (collectively "Controlled Technology") are subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons. 14. TERMINATION. This License Agreement shall terminate upon Your breach of any term contained herein. Upon termination, You shall immediately stop using and destroy all copies of the Licensed Software. 15. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Restricted Rights, Export Regulation, Survival, and General. 16. GENERAL. 16.1. ASSIGNMENT. You may not assign the rights granted hereunder or this License Agreement, in whole or in part and whether by operation of contract, law or otherwise, without Symantec's prior express written consent. 16.2. COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software. 16.3. AUDIT. Symantec may audit Your use of the Licensed Software to verify Your usage complies with Your license agreements with Symantec, including without limitation through collection and use of Collected Data, self-certifications, on-site audits and/or audits done using a third party auditor. If Your usage of the Licensed Software is not compliant, You will promptly pay to Symantec any fees applicable to Your use of the Licensed Software in excess of Your license rights. Symantec shall bear the costs of any such audit, except where the audit demonstrates that the Manufacturer's Suggested Reseller Price (MSRP) value of Your non-compliant usage exceeds five percent (5%) of the MSRP value of Your compliant deployments. In such case, in addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Symantec for the fees for the audit. 16.4. GOVERNING LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, United States of America. If You are located in China, this License Agreement will be governed by the laws of the Peoples Republic of China. Otherwise, this License Agreement will be governed by the laws of England. Such governing laws are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. If any provision of this License Agreement is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions of this License Agreement shall remain in full force and effect. A waiver of any breach or default under this License Agreement shall not constitute a waiver of any other subsequent breach or default. 16.5. THIRD PARTY PROGRAMS. This Licensed Software may contain third party software programs ("Third Party Programs") that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations You may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs. 16.6. DATA COLLECTION; DATA PROTECTION REGULATIONS. Symantec collects and uses Collected Data to enable, optimize and provide the Licensed Software, updates and Upgrades, and/or maintenance/support to You (and may engage third parties to do so as well), to administer and enforce its license agreements with You, to make recommendations regarding usage of the Licensed Software and other Symantec solutions, and/or to improve Symantec's products and services in general, GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007 3 including by reviewing aggregate data for statistical analyses. By installing and/or using the Licensed Software (including updates and Upgrades), You agree that Symantec may, and You have obtained all the necessary consents and rights for Symantec to, collect, use, retain, disclose and/or process Collected Data for the purposes described in this License Agreement and in the applicable product privacy notices at: http://www.symantec.com/privacy. Please note that the use of the Licensed Software may be subject to data protection laws or regulations in certain jurisdictions. You are responsible for ensuring that Your use of the Licensed Software is in accordance with such laws or regulations. 16.7. CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Symantec for any reason, please write to: (i) Symantec Enterprise Customer Care, 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) Symantec Enterprise Customer Care Center, PO BOX 5689, Dublin 15, Ireland, or (iii) Symantec Enterprise Customer Care, 1 Julius Ave, North Ryde, NSW 2113, Australia. 16.8. ENTIRE AGREEMENT. This License Agreement is the complete and exclusive agreement between You and Symantec relating to the Licensed Software and supersedes any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any other software license agreement residing within the Licensed Software itself and over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. This License Agreement may only be modified by a written amendment executed by both You and Symantec that accompanies or follows this License Agreement. 17. ADDITIONAL TERMS AND CONDITIONS. Your use of the Licensed Software is subject to the terms and conditions below in addition to those stated above. 17.1. ADDITIONAL DEFINITIONS "Amazon" means Amazon Web Services, Inc. "Amazon Marketplace" means the AWS online store offering software and services to customers for purchase and deployment within AWS. "Amazon Web Services Account" means licensee's AWS account with Amazon used to launch AWS Instances, store and transfer data, run applications and receive billing. "AWS" means Amazon Web Services, a virtual cloud computing environment. "AWS Instance" means a single virtual computing machine operating within AWS. "Hour" means a period of 60 consecutive minutes during which the Licensed Software runs for any length of time within such period. "SEP" means Symantec Endpoint Protection. "Year" means a period of 8760 consecutive Hours, during which the Licensed Software may or may not run for any length of time during such period. 17.2 ADDITIONAL LICENSE RIGHTS AND RESTRICTIONS 17.2.A Use Level. In accordance with Section 2 above and solely within AWS, You may use a single copy of the Licensed Software per AWS Instance purchased by You through Your Amazon Web Services Account. Your use of the Licensed Software may not exceed the maximum quantity of Licensed Software licenses permitted for the AWS computing environment size You have purchased through Your Amazon Web Services Account, as stipulated on the AWS Marketplace site for the Licensed Software. 17.2.B Term. The term of Your license shall remain in effect for the number of Hours or Years (as applicable) for which You have paid for the use of the Licensed Software on Your Amazon Web Services Account, provided this Agreement has not been earlier terminated. 17.2.C AWS Availability. You are solely responsible for Your connection to AWS. Symantec is not responsible for any aspect of AWS, including without limitation AWS' uptime or availability. GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007 4 17.3 Terminal Servers. If You purchase a license of the Licensed Software for use on a hardware device/server that provides endpoints with a common connection point to a local or wide area network (a "Licensed Terminal Server"), and such Licensed Terminal Server(s) is/are accessed by endpoints that do not have installed copies of the Licensed Software ("Thin Clients"), then every Thin Client accessing a Licensed Terminal Server is considered an "instance" and must have a valid license to the Licensed Software. In the event that Your Licensed Terminal Server(s) is/are accessed by endpoints which have authorized copies of the Licensed Software already installed ("Thick Clients"), such access of the Licensed Terminal Server(s) by Thick Clients shall not be considered additional "instances" and You are not required to purchase additional licenses to the Licensed Software. 17.4 Symantec Endpoint Protection -- Windows XP Mode Functionality. Notwithstanding the provisions of Section 17.2, if You are using the SEP agent on the Microsoft Windows version 7 operating system ("Windows 7"), and if the particular Windows 7 operating system on which You are running the SEP agent permits the use of the "Windows XP Mode" functionality, the following shall apply: Every running instance (physical and/or virtual) of the SEP agent must be licensed, with the exception that You may run one (1) single additional instance of the SEP agent using the Windows XP Mode functionality without paying an additional license fee. To run two (2) or more additional instances of the SEP agent using the Windows XP Mode functionality, You must pay the corresponding additional license fees for each additional instance. 17.5 Symantec Endpoint Protection -- Microsoft Enterprise Desktop Virtualization (MED-V) Functionality. Notwithstanding the provisions of Section 17.2, if You are using the SEP agent on the Microsoft Windows version 7 operating system ("Windows 7"), and if the particular Windows 7 operating system on which You are running the SEP agent permits the use of the Microsoft Enterprise Desktop Virtualization ("MED-V") functionality, the following shall apply: Every running instance (physical and/or virtual) of the SEP agent must be licensed, with the exception that You may run one (1) single additional instance of the SEP agent using the MED-V functionality without paying an additional license fee. To run two (2) or more additional instances of the SEP agent using the MED-V functionality, You must pay the corresponding additional license fees for each additional instance. 17.6 Symantec Endpoint Protection Interfaces. 17.6.A. Development License. Along with Your purchased license to use SEP, You are entitled under this License Agreement to use publicly-supported SEP interfaces, including web service APIs, documented Microsoft Windows registry keys, and log file formats and messages (collectively, the "SEP Interface(s)"), solely for the purposes of designing, developing, testing, using and demonstrating the integration of the Licensed Software with Your existing systems, other Symantec products, or third party products. This SEP Interfaces license shall be in addition to any licenses for the other portions of the Licensed Software acquired by You under this License Agreement. You shall have no right to modify or alter the SEP Interfaces. 17.6.B. No Redistributable Code. The SEP Interface(s) shall only be used by You for Your internal use, except as expressly provided in this License Agreement, and may be not be distributed, alone or as integrated with any other code or product, by You in any manner whatsoever to any third party. 17.6.C. Open Source Code. Your license rights to the SEP Interface(s) are conditioned upon Your not creating derivative works of the SEP Interface(s) in any manner that would cause the SEP Interface(s) in whole or in part to become Open Source Code. "Open Source Code" means a software program that is licensed under terms that require disclosure to parties other than the licensor of the source materials of the software program or modifications thereof, or any source materials of any other software program with which the Open Source Code software program is intended to operate, or that create obligations to distribute any portions of any software program with which the Open Source Code software program is used. Open Source Code includes, without limitation, any software licensed under the GNU General Public License. 17.6.D. Third Party Consultants. You may allow third party consultants to exercise the rights granted in this Section 17.6 on Your behalf provided that: (a) You ensure that such consultants adhere to the applicable terms and conditions of this License Agreement; and (b) You indemnify Symantec for any breach of this License Agreement by such consultants. 17.6.E. Support/Maintenance for SEP Interfaces. Symantec has no obligation under this License Agreement to provide maintenance/support for the SEP Interfaces. Any maintenance/support purchased in conjunction with Your license to Symantec Endpoint Protection shall apply to Your use of the SEP Interfaces, and is subject to Symantec's then-current maintenance/support policies. 17.6.F. No Use of Symantec Trademarks. You acknowledge that Symantec, the Symantec logo, the Checkmark logo and other related marks are trademarks or registered trademarks of Symantec or its affiliates in the U.S. or other countries (the "Symantec Marks"). Except as specifically granted herein, nothing in this Agreement creates any ownership or license in and to Symantec Marks. Your use of the SEP Interfaces under this License Agreement does not include any right for You to use any Symantec Marks in any form without prior written approval by Symantec. Any use of the Symantec Marks is subject to the Symantec Trademark Usage Guidelines at http://www.symantec.com/about/profile/policies/trademarks.jsp. 17.6.G Warranty Disclaimer. THE SEP INTERFACE(S) ARE PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED. FURTHERMORE, SYMANTEC SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007 5 OF THE SEP INTERFACE(S) OR ANY APPLICATIONS PROVIDED BY YOU WHICH WERE DEVELOPED USING THE SEP INTERFACE(S). 17.6.H. Development Disclaimer: Notwithstanding any other provision of this License Agreement, the following terms shall be applicable to the SEP Interface(s): THE SEP INTERFACE(S) ALLOW YOU TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS, SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 17.6. SYMANTEC SHALL NOT BE RESPONSIBLE FOR ANY SUCH INTEGRATION OR ANY DEVELOPMENT AND PROGRAMMING ACTIVITIES UNDERTAKEN BY YOU, INCLUDING BUT NOT LIMITED TO USE OF THE SEP INTERFACE(S) FOR OTHER THAN THEIR INTENDED PURPOSE. UNLESS YOU USE THE APPROPRIATE DEGREE OF SKILL AND CARE IN YOUR DEVELOPMENT AND PROGRAMMING ACTIVITIES, YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS MAY CAUSE ERRORS OR PROBLEMS IN THE USE OR OPERATION OF THE LICENSED SOFTWARE. YOU MAY USE THE SEP INTERFACE(S) TO INTEGRATE THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS AT YOUR SOLE RISK. SYMANTEC SHALL HAVE NO LIABILITY FOR ANY USE OF THE SEP INTERFACE(S) FOR OTHER PURPOSES OR FOR ANY FAILURE OF THE SEP INTERFACE(S) AND/OR THE LICENSED SOFTWARE BASED ON YOUR FAILURE TO PROPERLY DEVELOP, PROGRAM, INSTALL, CONFIGURE AND/OR MONITOR YOUR INTEGRATION OF THE LICENSED SOFTWARE WITH YOUR EXISTING SYSTEMS, OTHER SYMANTEC PRODUCTS, OR THIRD PARTY PRODUCTS. 17.7 Benchmarks. You may not disclose the results of any benchmark tests or other tests connected with the Licensed Software to any third party without Symantec's prior written consent. 17.8 Additional Terms and Conditions for SQL Anywhere Software Included with the Licensed Software. The Licensed Software contains SQL Anywhere software ("SQL Anywhere"), which is licensed by iAnywhere Solutions, Inc. ("iAnywhere"), a subsidiary of SAP (defined below). Your use of SQL Anywhere is subject to the terms and conditions below in addition to those stated above: A. Definitions. "Confidential Information" shall mean all information which iAnywhere or Symantec protect against unrestricted disclosure to others, furnished by iAnywhere or Symantec in writing or in other tangible form, and clearly identified as confidential or proprietary at the time of disclosure by an appropriate legend indicating that the information is deemed confidential or proprietary by iAnywhere or Symantec. "Intellectual Property Rights" means patents of any type, design rights, utility models or other similar invention rights, copyrights, mask work rights, trade secret or confidentiality rights, trademarks, trade names and service marks and any other intangible property rights, including applications and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired. "SAP" means SAP AG, Germany, which is either the parent company of iAnywhere or the parent company of an SAP Group Company. "SAP Group Company" means any person, partnership, joint venture, corporation, company or other form of enterprise, domestic or foreign, who (i) is under the control of iAnywhere, or (ii) has control over iAnywhere. B. You are not permitted to modify, adapt, enhance, localize or translate SQL Anywhere or otherwise make derivative works of SQL Anywhere. Any such unauthorized works developed by You, and any Intellectual Property Rights embodied therein, shall be the sole and exclusive property of SAP or the respective SAP Group Company; and You hereby assign all rights in them (including moral rights) to SAP or its designated SAP Group Company. To the extent Intellectual Property Rights embodied therein are not eligible to be transferred by operation of the law, SAP or the respective SAP Group Company shall be granted exclusive rights to use to the widest extent lawfully possible. C. You shall treat Confidential Information in confidence and not disclose Confidential Information to any third party. You shall protect Confidential Information by using the same degree of care, but no less than a reasonable standard of care, as You use to protect Your own confidential information of a like nature to prevent the unauthorized use, dissemination or publication of Confidential Information. The foregoing obligations shall survive any termination or expiration of this Agreement. D. You agree to enable iAnywhere to perform audits with regards to the usage of SQL Anywhere at Your sites. E. You may permit services providers to access the Licensed Software solely for the purpose of providing facility, implementation, systems, application management, hosted application, managed services or disaster recovery services to You in connection with Your business for which SQL Anywhere is herein licensed, provided: (i) You shall ensure that the services provider complies with the terms of this Agreement; (ii) the service provider shall hold the required licenses for all employees of such services provider authorized to access the Licensed Software; (iii) such services provider shall be permitted to use SQL Anywhere solely to install and configure and use the Licensed Software in accordance with Your business needs as set forth GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007 6 herein (or in the case of a disaster recovery vendor, to provide disaster recovery services only); (iv) under no circumstances may such services provider use SQL Anywhere to operate or provide processing services for its own business operations or to other third parties; and (v) You shall be responsible for any additional SQL Anywhere, migration tools, or third party software needed to effect such transition; and (vi) You expressly agree to indemnify Symantec and iAnywhere, its officers, employees, agents and subcontractors from and against all claims, liabilities, losses, damages and costs (including reasonable attorney fees) suffered by Symantec or iAnywhere arising from a breach by the services provider of the conditions of this Agreement. F. You have acquired SQL Anywhere bundled or otherwise provided in combination with or for use with the Licensed Software, and Your data access is limited to the data created or used by the Licensed Software (a "Restricted License"). You may use each licensed copy of SQL Anywhere only in conjunction with the Licensed Software with which it was provided. Accessing data that is not specifically created or necessary to enable the functionalities of the Licensed Software is in violation of this license. If the Licensed Software requires the use of a data mart or data warehouse, the Licensed Software may be used with the data mart or data warehouse only to access data created or necessary to enable the functionalities of the Licensed Software. Restricted Licenses may not be combined or used with unrestricted licenses. G. SQL Anywhere may include certain third party open source and/or other free download components (collectively, the "Free Download Components"). Please refer to http://www.sap.com/sybase-thirdpartylegal for certain notices relating to the Free Download Components. GLB ENT EULA Template.v1.0_SEP for AWS FCP_22January2016 GLB ENT EULA TEMPLATE v.1.0_STD ENGLISH_27MARCH2007 7