License

Ngenea Hub is licensed under the DataCore EULA:

DataCoreTM Software Corporation End User License Agreement      1610407359.4 Rev. May 1, 2025

THIS IS A BINDING CONTRACT (“AGREEMENT”) BETWEEN DATACORE SOFTWARE CORPORATION
(“DATACORE”, “WE”, “US”, “OUR”) AND THE COMPANY OR OTHER LEGAL ENTITY WISHING TO USE OR
USING OUR SOFTWARE (“YOU”, “YOUR”, “LICENSEE”). THE SECTION BELOW HEADED “INDIVIDUAL
USERS” IS ALSO BINDING ON EACH INDIVIDUAL USER OF OUR SOFTWARE. BY CLICKING ACCEPT OR
AGREE, OR BY ACCESSING, OPENING, DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING
ANY OF THE SOFTWARE (INCLUDING BY AUTHORIZING, ARRANGING FOR AND/OR PERMITTING ANY
EMPLOYEE OR OTHER MEMBER OF LICENSEE PERSONNEL TO DO ANY OF THE SAME), YOU ACCEPT
AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (“AGREEMENT EFFECTIVE DATE”). IN
THIS AGREEMENT, THE TERM “SOFTWARE” MEANS: (A) THE SOFTWARE IN RESPECT OF WHICH THIS
AGREEMENT HAS BEEN PROVIDED TO YOU, INCLUDING BUT NOT LIMITED TO, ALL DATACORE BRANDED
SOFTWARE, PERIFERY BRANDED SOFTWARE,SANSYMPHONY BRANDED SOFTWARE, PULS8 BRANDED
SOFTWARE, SWARM BRANDED SOFTWARE, FILEFLY BRANDED SOFTWARED, AI+ BRANDED SOFTWARE,
OBJECT MATRIX BRANDED SOFTWARE, PIXIT MEDIA BRANDED SOFTWARE, ARCASTREAM BRANDED
SOFTWARE, ARCAPIX BRANDED SOFTWARE, OR SOFTWARE THAT MAY BE PRE-INSTALLED ON
APPLIANCES (“HARDWARE”) UNDER ANY DATACORE, SANSYMPHONY, OBJECT MATRIX, PERIFERY,
PULS8, PIXIT MEDIA, ARCASTREAM BRAND OR ARCAPIX BRAND; SOFTWARE UNDER THE CARINGO OR
DATACORE FILEFLY OR SWARM BRANDS; AI+ BRANDED SOFTWARE; (B) ANY AND ALL REMOTELY
ACCESSED CLOUD AND/OR WEB SERVICES PROVIDED OR MADE AVAILABLE TO YOU UNDER THE
DATACORE BRAND AND/OR ANY OF THE SANSYMPHONY, PERIFERY, PULS8, OBJECT MATRIX, PIXIT
MEDIA, ARCASTREAM, ARCAPIX, CARINGO, FILEFLY, SWARM AND AI+ BRANDS; AND (C) ANY AND ALL
OTHER SOFTWARE (INCLUDING ANY APPLICATION PROGRAMMING INTERFACE (API)) AND CLOUD AND
WEB SERVICES PROVIDED OR MADE AVAILABLE TO YOU BY DATACORE. YOU ACKNOWLEDGE AND
AGREE THAT: (A) IF DATACORE PROVIDES YOU WITH ANY OTHER LICENSE IN RESPECT OF SUCH
SOFTWARE IN ADDITION TO THIS AGREEMENT, UNLES SUCH LICENSE EXPRESSLY PROVIDES
OTHERWISE, IT SHALL SUPPLEMENT AND NOT SUPERSEDE OR REPLACE THIS AGREEMENT AND, IN
THE EVENT OF CONFLICT BETWEEN SUCH LICENSE AND THIS AGREEMENT, THE PROVISIONS OF THIS
AGREEMENT SHALL PREVAIL); AND (B) THE SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION
ARE PROVIDED SOLELY UNDER LICENSE AND NOT SOLD TO YOU. YOU DO NOT ACQUIRE ANY
OWNERSHIP INTEREST IN THE SOFTWARE OR DOCUMENTATION UNDER THIS AGREEMENT.

DATACORE IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS
IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS, OPEN,
DOWNLOAD, INSTALL, COPY OR OTHERWISE USE ANY SOFTWARE, AND YOU MUST PROMPTLY
DESTROY ALL DOWNLOADED SOFTWARE IN YOUR POSSESSION OR CONTROL, INCLUDING ANY BACK-
UP COPY, AND RETURN ALL OTHER SOFTWARE TO THE VENDOR FROM WHOM IT WAS ACQUIRED IN
ACCORDANCE WITH THE VENDOR’S RETURN POLICY FOR THE SOFTWARE.

THE TERMS OF THIS AGREEMENT MAY BE UPDATED FROM TIME TO TIME AT DATACORE’S SOLE
DISCRETION, WITH OR WITHOUT NOTICE TO YOU. IT IS YOUR RESPONSIBILITY TO REVIEW AND
COMPLY WITH THE CURRENT VERSION OF THIS AGREEMENT, WHICH CAN BE FOUND AT:
https://www.datacoreassets.com/resources/legal/DataCore-EULA.pdf.

CERTAIN DATACORE SOFTWARE REQUIRES ACTIVATION. IF THE SOFTWARE REQUIRES ACTIVATION,
YOU WILL BE PROMPTED TO ACTIVATE THE SOFTWARE IN ACCORDANCE WITH THE INSTRUCTIONS
PROVIDED. IF THE SOFTWARE REQUIRES ACTIVATION AND IS NOT ACTIVATED WITHIN THIRTY (30) DAYS
AFTER SOFTWARE INITIALIZATION, IT WILL CEASE FULL OPERATION UNTIL THE SOFTWARE IS
ACTIVATED. SOME EVALUATION VERSIONS OF THE SOFTWARE MAY NOT BE ELIGIBLE FOR ACTIVATION.
NOTICE TO DATACORE HARDWARE USERS: DATACORE HARDWARE MAY CONTAIN, BUT MAY NOT BE
LIMITED TO, SOFTWARE FROM VMWARE, RED HAT, PROXMOX, UBUNTU, ELASTICSEARCH, AND/OR
MICROSOFT (TOGETHER, “OTHER SOFTWARE”). NOTHING IN THIS AGREEMENT WILL BE CONSTRUED
AS GRANTING ANY RIGHTS TO YOU, BY LICENSE OR OTHERWISE, IN OR TO SUCH OTHER SOFTWARE.
YOU ARE RESPONSIBLE FOR OBTAINING THE APPROPRIATE LICENSE RIGHTS FOR ITS USE FROM
THEM DIRECTLY. NONE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT EXTEND TO OR
GOVERN THE OTHER SOFWARE AND DATACORE HAS NO LIABILITY OR OBLIGATION WITH RESPECT
TO ANY SUCH OTHER SOFTWARE.

NOTICE TO EVALUATION USERS: UNTIL YOU HAVE CONVERTED TO A PAID PRODUCTION USE
LICENSE, THIS LICENSE IS SOLELY FOR THE PURPOSE OF YOUR EVALUATION OF THE SOFTWARE.
YOU ARE NOT PERMITTED TO USE THE SOFTWARE IN A PRODUCTION ENVIRONMENT OR TO PROVIDE
SERVICES. IF YOU CHOOSE NOT TO CONVERT TO A PAID PRODUCTION USE LICENSE, THE SOFTWARE
WILL CEASE OPERATING IN THIRTY (30) DAYS, OR SUCH OTHER DATE AS DATACORE MAY SPECIFY
(THE “EVALUATION PERIOD”). FOR THE PURPOSES OF THIS AGREEMENT, “EVALUATION” SHALL MEAN
ANY FREE, TRIAL, PILOT OR DEMONSTRATION USE; EVEN IF EXTENDED BEYOND THIRTY DAYS BY
WRITTEN PERMISSION OF DATACORE FOR SUCH LIMITED USE.

Individual Users. As stated above, in all other parts of this Agreement, references to “You” or “Your” are to
Licensee. In this paragraph only, references to “You” or “Your” are to the specific individual employee or other
authorized user of Licensee using our Software. You hereby warrant and represent that either: (i) Licensee has
previously entered into and is bound by this Agreement and You are authorized by Licensee to use the Software
on its behalf, or, if Licensee is not already bound by this Agreement, (ii) You are authorized to enter into, and have
entered into, this Agreement on behalf of Licensee and bind Licensee to comply with this Agreement and You are
authorized by Licensee to use the Software on its behalf. You further confirm and agree that: You will not use the
Software or act (or omit to act) in any way that would put Licensee in breach of this Agreement [and, if applicable,
that You will use the Software at all times only in accordance with and subject to the Terms of Use that may apply
to the Software.

You acknowledge and agree that the Software may contain a time-sensitive disablement feature (“Time-Bomb”)
that will automatically deactivate the Software upon the expiration of any Term License (as defined below) for the
Software. You agree not to tamper with, disable, or attempt to bypass the Time-Bomb feature. You acknowledge
that the Time-Bomb feature is integral to the enforcement of the applicable term of the license for the Software and
agree that DataCore shall not be liable for any loss or damage that may arise from the disablement of the Software
as a result of the Time-Bomb feature. Upon the deactivation of the Software by the Time-Bomb feature, You must
cease all use of the Software and undertake to delete or destroy all copies of the Software in Your possession or
control within a (sixty) 60-day grace period.

Evaluation License Grant. If Your quote, agreement, proposal and/or order form (“Order”) is for an evaluation of
the Software, subject to the terms and conditions in this Agreement, and solely during the Evaluation Period,
DataCore hereby grants to You a revocable, nontransferable, non-exclusive, non-sublicensable, limited license to
download, install and use an on-premises version, or access and use on a third party cloud infrastructure (as
specified on the Order), one copy of the binary code version of the Software and its accompanying documentation
for Your internal use only and subject to all the following: such use must be (i) solely for purposes of Your internal
evaluation and testing of the operation of the Software in a nonproduction environment; (ii) during the term of the
Evaluation Period only; and (iii) limited to the parameters and optional features (if any), specified on the Order.
Limited parameters may include, but not be limited to, number of computing devices (including virtual machines
running in Your own environment or on a third party cloud infrastructure authorized by DataCore), storage
capacity, time period, and number of users. You will not use or cause or permit any use of the Software in a
production environment. You will adhere to the license restrictions (and all applicable provisions) of this
Agreement. You may not publish or disclose to third parties any evaluation of the Software without DataCore’s
prior written consent.

Production Use License Grant. If Your Order is for commercial use of the Software on a non-evaluation basis,
subject to the terms and conditions in this Agreement, DataCore hereby grants to You a non-transferable, non-
exclusive, non-sublicensable, limited to the paid term (as applicable), license to download, install and use an on-
premises version, or access and use on a third party cloud infrastructure authorized by DataCore (as specified on
the Order), the binary code version of the Software for Your internal use, subject to the parameter limits and optional
features (if any), of Your license as may be stated on Your DataCore Order. License parameter limits may include,
but not be limited to, number of computing devices (including virtual machines running in Your own environment or
on a third party cloud infrastructure), storage capacity (total, used, and managed; as explained below), number of
users, time period, and other limitations specified by DataCore. Storage capacity means Your entire storage
capacity accessible to DataCore, less any capacity occupied by data protection algorithms, which may include
more than one DataCore software application or instance. For the avoidance of doubt, storage capacity is the sum
total of all storage space accessible to DataCore software applications, even if not (yet) used or managed at a
given time; used capacity is storage space taken up by data, metadata and system information managed by
DataCore and managed capacity is storage space under the control of a DataCore software application and
available for consumption even though not in use. Storage capacity will be used and monitored to determine
storage-based license fees. If You want to increase Your license parameters and/or features beyond that for which
You have paid, You must purchase and pay DataCore for such increased parameters and/or features at DataCore’s
then applicable rates. Unless otherwise specified on Your Order, such rates will be the most recent rates published
by DataCore at the relevant time. DataCore may share Your data and information with third party service providers,
which may include but not be limited to, OpenAI and Amazon, in order to provide the Software. In some cases, at
DataCore’s sole discretion, a Letter of Credit or other financial arrangement may be required by DataCore before
accepting Your Order.

DCSPP Participants. Pursuant to Your valid DataCore Cloud Service Provider Program (“DCSPP”) Agreement,
You may only use the Software to provide Hosted IT Services. “Hosted IT Services” means an internet-based
subscription service operated by a service provider entity that consists of providing multiple end service users (as
defined below) access to: (i) the storage resources of systems operated by the service provider entity (such as utility
or grid computing), or (ii) various software applications that are installed and operated on the systems of the service
provider entity. For purposes of this Agreement, “end service users” may be: (i) independent third-parties with which
the service provider has a commercial relationship; or (ii) departments, divisions or workgroups served by a
subscribing central hosting service provider. Your authorized users, (employees or others), may access the Software
remotely through a wide area network or VPN, or other secure remote access method, provided that You comply
with the parameter limitations of the Software and subscription plan for which You have been expressly authorized
by DataCore. All DCSPP participants (authorized Cloud Service Providers (“CSPs”)), must have accepted and be
subject to a current and valid DataCore Cloud Service Provider Agreement, as well as a current and valid
CSP/Aggregator Agreement that includes, but is not limited to: (i) complete terms of use for the DCSPP, (ii) Software
usage requirements and limitations, and (iii) DataCore’s liability limits, in accordance with this Agreement. For the
purposes of this Agreement, a DataCore Aggregator (“Aggregator”) shall mean a Software Distributor that has a
current and valid contract with DataCore, which authorizes them to sell and distribute the Software for the DCSPP.
If applicable, You may make one backup copy of the Software, provided the copy must contain all of the original
Software’s copyright, trademark and other proprietary notices.

Object Matrix Users. Object Matrix users shall comply with this Agreement along with any additional terms and
conditions provided to You by DataCore. Object Matrix perpetual software licenses are not transferrable between
devices. For the avoidance of doubt, Object Matrix perpetual software licenses are tied solely to the device(s) upon
which they are initially installed. For Legacy (as defined below) Object Matrix users, specific terms and conditions of
Your use of Object Matrix products and services (“OM Terms”) may be found at: https://www.datacore.com/legal/,
under the Legacy Object Matrix section. “Legacy” means Object Matrix users that meet all conditions stated at the
Legacy Object Matrix section. Rights granted to You apply only to the specific products to which You have subscribed
as set out in Your Object Matrix Order (as the case may be) (the “Order”) relate. For Legacy Object Matrix users, in
the event of a conflict arising between this Agreement and OM Terms, then the OM Terms shall prevail.
Pixit Media and ArcaStream Users. Pixit Media, ArcaStream and Arcapix users (“PMA Users”) shall comply with
this Agreement along with any additional terms and conditions provided to You by DataCore. Certain license
parameters and reissuance procedures may apply to Pixit Media licenses. For Legacy PMA Users (as defined below),
specific terms and conditions of Your use of Pixit Media and/or ArcaStream products and services (“Legacy PMA
Terms”) may be found at: https://www.datacore.com/legal/, under the Legacy Pixit Media and ArcaStream section.
“Legacy PMA Users” means Pixit Media and/or ArcaStream users that meet all conditions stated at the Legacy Pixit
Media and ArcaStream section. Rights granted to You apply only to the specific products to which You have
subscribed as set out in Your associated Order (as the case may be) (the “PMA Order”) relate. For Legacy PMA
Users, in the event of a conflict arising between this Agreement and Legacy PMA Terms, then the Legacy PMA
Terms shall prevail.

License Restrictions. Your employees may access the Software remotely through a wide area network or VPN,
or other secure remote access method, provided that, if applicable, You may in no event exceed the number of
permitted concurrent uses or users of the Software for which You have been expressly authorized by DataCore.
In the absence of any express written authorization by DataCore to the contrary, the number of concurrent uses
or users of the Software, the number of computing devices (including virtual machines) on which the Software
may be used, and the number of copies of the Software You may make, shall be one. You may also make one
back-up copy of the Software, provided the copy must contain all of the original Software’s copyright, trademark
and other proprietary notices. Any copy remains the exclusive property of DataCore or its licensors. You will not
cause or permit: (i) use or copying of the Software or documentation, except as expressly provided in this
Agreement; (ii) modification, adaption, assignment, distribution, rental, sub-license, lease, lending or transfer of
the Software; (iii) reverse engineering, disassembly, translation, decoding or decompilation of the Software, except
to the extent expressly permitted by law notwithstanding this prohibition; (iv) creation of any derivative works
based on the Software; (v) removal, deletion, circumvention or alteration of any trademarks, copyright or other
intellectual property rights notices provided with the Software; (vi) removal, disablement or circumvention of any
security or copy protection features; (vii) use of the Software to violate or circumvent any law, regulation or rule,
or for any purpose other than its intended use in accordance with the documentation; (viii) except as DataCore
may otherwise agree in writing, use of the Software in connection with a service bureau or other use or
configuration whereby the Software is used by, for the benefit of, or to provide a service on the computer
equipment of, a third party. Notwithstanding the foregoing, if You have express written authorization from
DataCore that grants You leasing, factoring, or other alternative servicing rights to the Software, such rights may
be exercised subject to full compliance with such Agreement. The Software requires integration with an Amazon
Web Services (AWS) account and an OpenAI account. You are responsible for obtaining and maintaining the
AWS and OpenAI accounts that are integrated with the Software and complying with any terms and conditions of
Your AWS and OpenAI accounts. Failure to do so will not relieve Your obligations under this Agreement, including
Your obligation to make payments for the Software that are due to DataCore.

Ownership. The Software (including any copies) is licensed, not sold. DataCore and its licensors retain all right,
title and interest in the Software and documentation, and in all copies, improvements, updates, revisions,
enhancements, modifications and derivative works thereof, including, without limitation, all patent, copyright, trade
secret, trademark and database rights. The terms of this Agreement are intended to benefit any third party
licensors, who may directly enforce applicable terms of this Agreement to protect their interest in any of the
Software. DataCore and its licensors reserve all rights not expressly granted to You herein, and no other licenses,
whether express, implied or otherwise, are granted to You.

Maintenance, Support and Updates. DataCore has no obligation to provide any maintenance, support, updates,
or fixes for any Software that You use during an Evaluation Period. For Software licensed to You on a term basis or
as a subscription service, DataCore, from time to time, may update, fix, and maintain the Software as DataCore, in
its sole discretion, deems necessary, or as DataCore may otherwise expressly agree in writing. For perpetual
Software licenses, except as provided under the limited warranty set forth below, and except as DataCore may
otherwise expressly agree in writing, DataCore is under no obligation to maintain, support or update the Software in
any way, or to provide updates or error corrections, however, such services may be separately purchased under a
support contract. To receive technical support entitlements for Software, all licenses currently activated for the
Software residing on or utilized by Your system must be under a current support contract with DataCore (either as
included in the purchase of a Term License or as a separately purchased support contract for a perpetual license).
Systems running any active licenses that are not covered by a current support contract shall be deemed ineligible
for technical support. Support contracts are tied to specific licenses and are not interchangeable with other licenses.
For all licenses (term, subscription or perpetual), if DataCore provides You with a bug fix, maintenance release or
update to the Software, it is provided to You as is and shall be considered Software subject to the terms of this
Agreement, unless You receive a separate license from DataCore for that release or update that expressly
supersedes and replaces this Agreement. In addition, the Software may contain support and/or data collection
functions that provide DataCore with certain system telemetry information that DataCore may use to provide support,
analysis, and reporting to You, as well as to update or enhance the Software. By using the Software, You consent
to DataCore’s access and use of such information for such purposes. Subject to satisfaction of any eligibility
conditions stated therein, the terms of the DataCore Support Services Terms and Conditions, as available through
the following link: https://www.datacoreassets.com/resources/support/DataCore-Software-Support-Services-
Terms-and-Conditions.pdf, shall apply and hereby be incorporated into this Agreement by this reference. Certain
support and maintenance terms applicable to Hardware, may be found under the Legacy Object Matrix section
at: https://www.datacore.com/legal/.

System Data Rights. You agree that DataCore will collect and track technical and related information about You
and Your use of the Software, which may include, but not be limited to, Your internet protocol address, hardware
identifying information, operating system, application software, storage capacity, peripheral hardware, and
Software usage statistics (together “System Data”), to assist with the operation and function of the Software, the
provision of updates, support, invoicing, marketing by DataCore or its agents, benchmarking and research and
development. A current summary of information collected by DataCore (the “DataCore Collection Manifest”) is
available through the following link:https://docs.datacore.com/intelligenceservice/intelligenceservice/collection-
manifest.htm, and hereby incorporated into this Agreement by this reference. The terms of the DataCore Data
Processing Agreement (“DPA”) as available through the following link:
https://www.datacoreassets.com/resources/legal/DataCore-Data-Protection-Provisions-Addendum.pdf shall also
apply and hereby be incorporated into this Agreement by this reference.

Automated Data Collection. You agree that DataCore may utilize automated data collection tools (“ADC”) for
automated collection, processing and monitoring of Your Software usage data for DataCore’s reporting, billing
and associated purposes. Furthermore, You will cooperate with DataCore to enable ADC, as necessary.

(Examples of ADC may include, but not be limited to, DataCore Insight Services (“DIS”), Phone Home or any
other telemetry service tool utilized by DataCore). In the event You disable, turn off, circumvent or otherwise
prevent ADC from functioning correctly during the term of this EULA, You acknowledge and agree that You may
be billed (and will be required to pay) at a usage rate of two times (“2x”) the peak monthly amount billed in any
prior month in which ADC was functioning.

Confidentiality. The Software contains confidential and proprietary information of DataCore and/or its licensors
(“Confidential Information”). You agree not to use Confidential Information except as necessary to perform this
Agreement and shall not disclose Confidential Information to any third party. You agree to take all reasonable and
adequate measures, and no less than measures You take to secure Your own confidential and proprietary
information, to protect and secure the Confidential Information and Software from unauthorized disclosure or use.
Payment. If a non-recurring installation, setup or onboarding charge (“Installation Charge”) is specified on an
Order, DataCore will invoice You for such Installation Charge upon the effective date of the Order. If a recurring
charge (“Recurring Charge”) (e.g., Monthly Charge, Quarterly Charge, Annual Charge, etc.) is specified on an
Order, DataCore will invoice You for the Recurring Charge in advance for each period. If applicable, DataCore will
invoice You and You will pay such invoices for any additional charges for products and services described on an
Order. You will pay all invoices within thirty (30) days from the date of such invoice.
All invoices must be paid in accordance with their terms without setoff or deduction, and late payments will accrue
interest on the unpaid sum as of the date of the invoice at the lesser of (i) the highest legal rate of interest permitted
by applicable law or (ii) one and one-half percent (1.5%) per month. DataCore may apply any payments received
by DataCore to any one of Your then outstanding charges.

Taxes. All amounts payable by You to DataCore hereunder are exclusive of any sales, use and other taxes or
duties (collectively, “Taxes”). You are solely responsible for payment of any Taxes, except for those taxes based
on the income of DataCore. You will not withhold any Taxes from any amounts due to DataCore.
Limited Warranty. During the Evaluation Period the Software is provided and You accept the Software “AS-IS”
and “WITH ALL FAULTS.” Upon commencement of the production use license, DataCore warrants for a period
of ninety (90) days thereafter that the Software will substantially conform under normal use to DataCore’s
specifications contained in the user guides and operating manuals provided by DataCore with or in respect of the
Software. DataCore will, at its sole discretion, either promptly replace any Software that fails to comply with this
warranty at its cost or refund the amount paid for the Software and attributable to the remainder of the production
license period. Any claims submitted under this section must be submitted in writing to DataCore within the
specified warranty period. This limited warranty is void if failure of the Software results from accident, abuse,
misapplication, abnormal use or a virus. Any replacement for the Software, and any bug fix, maintenance release
or update to the Software, will be warranted under this limited warranty for the remainder of the original warranty
period applicable to the Software or thirty (30) days from its delivery, whichever is longer. THIS SECTION STATES
YOUR SOLE AND EXCLUSIVE REMEDY, AND DATACORE’S AND ITS SUPPLIERS’ SOLE AND EXCLUSIVE
LIABILITY, IN CONNECTION WITH THE SOFTWARE, INCLUDING FOR ANY BREACH OF THE WARRANTY
RELATING TO THE SOFTWARE. THIS LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS, WHICH VARY FROM JURISDICTION TO
JURISDICTION.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED, AND DATACORE AND ITS SUPPLIERS EXPRESSLY
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE, AND AGAINST HIDDEN DEFECTS TO THE FULLEST EXTENT PERMITTED BY LAW. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATACORE OR ELSEWHERE WILL
CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. DATACORE
DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE
SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VARIATIONS FROM THE
DOCUMENTATION. DATACORE IS NOT RESPONSIBLE FOR ANY INTERFERENCE WITH OR INABILITY TO
USE THE SOFTWARE RESULTING FROM ADDITIONAL SOFTWARE OR SERVICES PROVIDED BY THE
CLOUD INFRASTRUCTURE SUPPLIER, IF ANY, THROUGH WHICH YOU ACCESS THE SOFTWARE.

Evaluation License Termination. The Evaluation license granted under this Agreement shall terminate automatically
upon the expiration of the Evaluation Period. In addition, the Evaluation license shall terminate prior to the expiration
of the Evaluation Period upon the occurrence of any of the following: (i) either You or DataCore at any time give the
other written notice of termination (with or without cause); (ii) You breach any provision in this Agreement; or (iii) if
applicable, Your access to the Software is terminated by Your cloud infrastructure provider. The Software will cease
to function or become inaccessible in whole or in part upon termination of the evaluation license.
Production Use License Termination. The production use license granted to You under this Agreement will terminate
immediately and automatically without notice upon the occurrence of any of the following: (i) if You have licensed the
Software on a term basis (a “Term License”) or on a subscription basis (“Subscription Term”), upon the expiration of
Your pre-paid Term License or Subscription Term; (ii) You breach any provision in this Agreement; (iii) DataCore does
not receive payment in full for Your license; (iv) if You entered into an Exchange Agreement with DataCore in which
Your perpetual license(s) are terminated in exchange for Term License(s), Subscription Term, a different edition
of perpetual licenses, or license key exchange for equivalent license or capacity (TB); or (vi) if applicable, Your
access to the Software is terminated by the cloud infrastructure provider through which You acquired the
production use license. Upon termination of the Term License or Subscription Term, as applicable, You will
discontinue use of the Software and remove any and all copies of the Software and any part of the Software from
any and all computing devices, including any back-up copy, and destroy the Software. At DataCore’s request,
You will certify in writing to the foregoing.

With regard to Term Licenses and Subscription Terms, at the termination or expiration date of Your Term License
or Subscription Term, as applicable, and without notice from DataCore, You will be provided a (sixty) 60-day grace
period to collect Your exportable data. In the event Your Term License or Subscription Term is renewed within the
(sixty) 60-day grace period (requiring the payment of all fees due), Your use of the Software and access to Your
data may be resumed, provided that You have properly backed-up Your configuration information and it can be
restored. If DataCore does not receive and acknowledge Your Term License or Subscription Term renewal within
the (sixty) 60-day grace period, DataCore may delete or destroy Your configuration and historic information
associated with the Software. After the (sixty) 60-day grace period, Your previous Term License or Subscription
Term may (at DataCore’s sole discretion; conditions and fees may apply) no longer be renewed and any Term
License or Subscription Term added may be treated as a new Term License or Subscription Term, as applicable,
and unrelated to the terminated Term License or Subscription Term. DataCore has no obligation to restore access
to any previous Term License or Subscription Term configuration information, history or data. In no event shall
DataCore be liable to You for loss or accuracy of Your configuration information or data. The provisions of this
Agreement, except for the license grant and warranty, will survive termination.
Term. This Agreement comes into force on the Agreement Effective Date and shall continue in effect until
terminated in accordance with its terms.

Early Termination. Except for early termination due to a material breach of this Agreement by DataCore, You may
not terminate Your Term License, Subscription Term or Support Agreement without prior payment of all fees due
for the entire period for which Your Order applies. For multi-year license or support terms, all future payments must
be received by DataCore prior to DataCore’s acceptance of early termination, which acceptance shall be made at
DataCore’s sole discretion. In the event of early termination due to a material breach of this Agreement by
DataCore, you must first pay all fees due and unpaid in respect of the entire period for which Your Order applies
up to the date of such breach. In no event shall any of Your prepaid fees be returned to You by DataCore for early
termination.

Effect of Termination. Termination or expiration of this Agreement shall not: (i) affect any of the rights, obligations
or liabilities accruing to You or DataCore prior to the date of termination or expiration, or (ii) release You from any
obligations, including the payment of all fees due, or liabilities you may have under any other agreement with any
DataCore distributor, reseller or aggregator. Notwithstanding termination or expiration of this Agreement, all
provisions of this Agreement which are expressly stated to survive termination or expiration of this Agreement or
which by their nature are intended to survive termination or expiration shall survive and remain in effect in
accordance with their terms.

Audit Rights. During the term of this Agreement and for a period of two (2) years from the date of its
termination[,cancellation] or expiration: (i) You shall maintain complete, clear, and accurate records that
demonstrate compliance with the terms and conditions of this Agreement and any other agreement(s) in force
between You and DataCore, and (ii) upon thirty (30) days written notice, DataCore (or DataCore’s representative)
will be entitled to audit Your books, records and use of the Software and any other DataCore materials provided
to You, to verify compliance with the terms of this Agreement and any other agreement(s) in force between You
and DataCore, the functioning of ADC, and all applicable DataCore policies. You shall promptly pay to DataCore
or the relevant DataCore distributor, reseller or aggregator, as may be applicable, any underpayments owed to
such party as revealed by any such audit, plus any applicable late payment fees. Any such audit will be performed
at DataCore’s expense during normal business hours, in a manner so as to try not to upset Your normal business
operations and procedures, provided that You shall cooperate fully with DataCore and shall promptly reimburse
DataCore in full for the cost of such audit if such audit reveals: (a) an underpayment by You of more than five
percent (5%) of the amounts payable by You in respect of the period audited (b) any evidence that You have
violated any laws, DCSPP rules (if applicable to You) or DataCore policies, (c) You have disabled, turned off,
circumvented or otherwise prevented ADC from functioning correctly, or (d) any other material breach of this
Agreement.

Indemnification. You agree to indemnify and hold DataCore, its suppliers, subcontractors and other partners, and
their respective officers, agents, partners and employees, harmless from any fee, loss, awards, damages, liability,
claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or
arising out of or in connection with Your use of the Software, Your violation of any proprietary rights of another by
Your data or information provided to the Software.
Limited Liability. UNDER NO CIRCUMSTANCES WILL DATACORE OR ITS SUPPLIERS BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS
OF SAVINGS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS, BUSINESS OPPORTUNITY, BUSINESS
INTERUPTION, GOODWILL, REPUTATION OR DATA, COST OF COVER, RELIANCE DAMAGES OR ANY
OTHER SIMILAR DAMAGES OR LOSS, EVEN IF DATACORE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND REGARDLESS OF WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. EXCEPT AS LIMITED BY APPLICABLE
LAW, DATACORE’S AND ITS SUPPLIERS’ TOTAL LIABILITY UNDER THIS AGREEMENT OR OTHERWISE
SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE LICENSE FEE PAID BY YOU FOR THE
SOFTWARE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE LIABILITY
LIMITATIONS SET FORTH IN THIS AGREEMENT SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT OR THE INVALIDITY
OF ANY OTHER PROVISION.

U.S. Government Rights. The Software and its documentation are “commercial computer software” and
“commercial computer software documentation,” respectively as such terms are used in FAR 12.212 and other
relevant government procurement regulations. Any use, duplication, or disclosure of the Software or its
documentation by or on behalf of the U.S. government is subject to restrictions as set forth in this Agreement.
Export Law Assurances. The Software, including its documentation and related technical data, is subject to the
export control laws and regulations of the United States (“Export Laws”). You agree not to export or re-export
(directly or indirectly) the Software (including its documentation and related technical data) or any direct product
thereof without fully complying with the Export Laws.
License Compliance Assurances. DataCore reserves the right to run periodic license compliance tests to
determine and enforce the parameters of Your license(s). Without interruption to users, license compliance data
may be reviewed and/or collected on demand, whether by automatic or manual means. Parameters associated
with such compliance tests may include, but not be limited to, system memory, number of CPU cores, storage
capacity, users, time, and configuration.

Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of
Florida U.S.A., excluding the United Nations Convention on Contracts for the International Sale of Goods, and
without regard to principles of conflicts of law. Each party consents to the jurisdiction and exclusive venue of the
state and federal courts of Broward County, Florida U.S.A. provided that DataCore shall at all times have the right
to commence proceedings in any other court of its choice of appropriate jurisdiction to obtain an injunction, specific
performance or other equitable relief for protection of intellectual property rights.
Transfers/Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and
assigns. You may not transfer, novate, assign or otherwise part with (each, a “transfer” of) this Agreement or any
of Your rights or obligations under it, in whole or in part, without DataCore’s prior written consent. You agree to
notify DataCore of any transfer in writing and provide all proposed transferee information requested by DataCore.
Consent to any requested transfer shall not be guaranteed and shall be made at DataCore’s sole discretion. Any
attempt to assign this Agreement without such notice and consent will be null and void. You agree that DataCore
may transfer this Agreement or any of its rights or obligations under it to a third party without the requirement for
further consent from you in the event of the sale of all or substantially all of the business of DataCore, in the
context of a solvent reorganization or any other analogous procedure or otherwise on (thirty) 30 days prior written
notice to you.

Third-Party Code. The Software may contain or be provided with third-party components subject to terms and
conditions of such third-party licenses (“Third-Party Software”). Third-Party Software may include Open Source
Software, as defined below. Third Party Software shall be deemed to be incorporated within the Software for the
purposes of this Agreement (except where expressly provided to the contrary) and use of the Third Party Software
shall be subject to (and You shall comply with) such additional terms as relate to such Third Party Software from
time to time (“Third Party Additional Terms”), and such Third Party Additional terms shall take precedence over
this Agreement in relation to such Third Party Software. You shall indemnify and hold DataCore harmless against
any loss or damage which DataCore may suffer or incur as a result of Your breach of any Third Party Additional
Terms howsoever arising, and DataCore may treat Your breach of any Third Party Additional Terms as a material
breach of this Agreement. Third Party Software is provided “AS-IS” and the performance of and any issues caused
by or arising from any Third Party Software shall be considered an event outside of DataCore control. The
Software may contain or be provided with components subject to the terms and conditions of “open source”
software licenses (“Open Source Software”). Open Source Software may be identified in the user guides and
operating manuals provided by DataCore with the Software, or DataCore may provide a list of the Open Source
Software for a particular version of the Software upon written request. To the extent required by the license that
accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement
with respect to such Open Source Software, including, without limitation, any provisions governing access to
source code, enhancement, modification or reverse engineering.
Conflicts. In the event of a conflict or inconsistency arising between the subject matter of this Agreement and the
DPA then the terms of the DPA shall prevail.

General Provisions. If any provision hereof shall be held illegal, invalid, or unenforceable, in whole or in part, such
provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality,
validity and enforceability of all other provisions of this Agreement shall not be affected thereby. No delay or failure
by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof
or of such party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. You
shall immediately notify DataCore if You become aware of any misuse of the Software or any infringement of
DataCore’s intellectual property rights in the Software and fully cooperate with DataCore in any legal action taken to
enforce DataCore’s intellectual property rights. This Agreement, including any Order accepted by DataCore, is the
complete and exclusive statement between You and DataCore relating to the subject matter hereof and supersedes
all prior oral and written and all contemporaneous oral negotiations, commitments, and understandings of the parties,
if any, including but not limited to any prior license for the Software. In the case of any conflict between the terms of
this Agreement and the provisions of any Order for the Software, the terms of this Agreement shall control. The
parties confirm that it is their wish that this Agreement, as well as all other documents relating hereto, have been and
shall be drawn up in the English language only. The English language version of this Agreement will control in all
respects, and all other versions are for convenience only and are not binding.