Enterprise End User Terms of Service

Version Date: April 1, 2023
This Enterprise End User Terms of Service (“Terms of Service,” “TOS” or “Terms”) is a legal contract between you and Lookout(“Lookout“, “we“, “our“).
You may have been directed to download and install the Lookout Enterprise Security Service (“the Services” or “EnterpriseServices”) as a result of your employment by an organization that either (1) requires all or some of its workforce to install theEnterprise Services or (2) requires all or some of its workforce to install a mobile device management suite that includes theEnterprise Services. These Terms govern access to and your use of the Enterprise Services. By using Enterprise Services, andunless your Enterprise has a master license agreement with Lookout which incorporates these Terms, you agree to be boundby this Terms of Service.
You may use the Enterprise Services only if you can form a binding contract with Lookout and are not a person barred fromreceiving service under the laws of the United States or other applicable jurisdiction. You may use the Enterprise Services onlyin compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you
are under 16, you cannot use our Services.
1.

Lookout’s Rights.
a. We License Our Services to You: Lookout grants you a personal, non-exclusive, non-transferable, nonsublicensable, revocable license to use the Enterprise Services according to these Terms.
b. Lookout Retains All Rights in Enterprise Services: All right, title, and interest in and to the Enterprise Services areand will remain the exclusive property of Lookout. Enterprise Services are protected by intellectual property laws andother proprietary rights of the United States and foreign countries. Lookout grants you no license to Enterprise Services
or any other Lookout content beyond what is expressly granted in this TOS nor any rights to use or appropriate, in
any manner, the Lookout trademarks, logos, domain names, or any other intellectual property or brand features ofLookout.
c. We Can Modify Enterprise Services: We reserve the right to modify, suspend, or cancel the Enterprise Services (orany features within the Enterprise Services) to you at any time and for any reason. When we do so, we may notify you
through the mobile app, via the email you provided to us, or your organization may so inform you.
d. Open Source and Third-Party Code Has Its Own Licenses: All open source or third-party code incorporated in theEnterprise Services is covered by the applicable open source or third-party end user license agreement, if any, thatauthorizes the use of such code.
e. Feedback You Provide: If you submit comments, ideas, or feedback to us, you agree that we can use them without
any restriction or compensation to you.

2.

Restrictions on Your Use of the Enterprise Services.
a. The Integrity of Your Account Information Is Your Responsibility: You must ensure that all information relating to
your account (i.e. password and any login credentials) is kept secure, accurate and up to date at all times. You are solely
and fully responsible for all activities that occur under your account and we will not be liable for any damages orliability resulting from your failure to keep your account information accurate, up to date, or secure. Should you suspectthat any unauthorized party may be using your account, or you suspect any other breach of security, you agree tocontact us immediately.
b. Obey the Law and Our Rules: You may not use the Enterprise Services in any way that violates any laws, regulation,or these Terms, harms any person, or infringes any person or entity’s rights (including intellectual property and otherproprietary rights). In addition, without limitation, when using the Enterprise Services you may not:1. Hack or interfere with the Enterprise Services, its servers or any connected networks.
2. Adapt, alter, license, sublicense or translate the Enterprise Services for your own personal or commercialuse.
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Enterprise End User Terms of Services (Apr. 1, 2023)

3. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights ownedby Lookout.
4. Register under different usernames or identities, after your account has been suspended or terminated.
c. You May Not Circumvent Our Security: You are permitted to access and use the Enterprise Services only throughthe means we expressly provide to you. You are not allowed to circumvent or disable the Enterprise Services or any
technology, features, or measures included in the Enterprise Services for any reason, except as permitted by law.
d. Respect Our Intellectual Property: The license granted to you in these Terms is solely for the purpose of allowing
you to use the Enterprise Services. You may not violate any exclusive rights that we have under any intellectual
property or other proprietary rights laws. You may not decompile, disassemble, reverse engineer, or otherwise attempt
to derive the source code for any part of the Enterprise Services, including executable and configurable content, except
as permitted by law.
e. You May Only Use Lookout to Secure Your Device: Our services are only provided to function on and secure yourdevice(s). You may not execute Lookout's software in any other environment, e.g., in an emulated environment, as a
research tool, or in any other way to develop or support another product, or use results derived from use of Lookout’sclient for any other purpose, e.g. to verify a set of known results or to scan, power, or support any other services,
without our explicit written consent. Contact us at malware@lookout.com to request such access.
f. Only You Can Use Your Account: You may not sell, transfer, or allow any other person to access your accountpassword or Enterprise Services account. You may not provide information that is false, misleading or inaccurate, or
imply affiliation with a company or organization to which you are not affiliated.
3.

Using Enterprise Services.

If you join an Enterprise Services account, you must use it in compliance with your employer’s terms and policies. Please notethat Enterprise Services accounts are subject to your employer’s control and the administrator of your Enterprise Services
account has the right see the security status of your device. You may be able to dissociate from the Enterprise Services accountby contacting your IT administrator. By using the Enterprise Services you acknowledge your understanding, and acceptance,that administrators of your Enterprise Services will have access to information about malicious applications, and other relevant
information, on your device. By using the Enterprise Services, you agree that Lookout shall not be liable in any manner forthe access to, and potential use of, information obtained by your employer through the Enterprise Services.
4.

Your Privacy is Important to Us.

It is important that you review our Privacy Statement, which governs our collection, use, and disclosure of your personal
information. Please read it carefully.
5.

Termination and Suspension of Your Account.

We may terminate or suspend your access to Enterprise Services without prior notice and without liability, at our sole
discretion, including but not limited to such termination or suspension being based on (a) our good faith belief that you haveviolated these Terms, or (b) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services.
We will make a reasonable attempt to notify you of any termination or suspension of your access to the Enterprise Services
by the email address associated with your account or through the Lookout mobile app. These remedies are in addition to any
other remedies Lookout may have at law or in equity. Even after your right to use the Enterprise Services is terminated orsuspended, these Terms shall remain enforceable against you.
6.

Disclaimers, Indemnity, and Limitations of Liability.
a. Disclaimers:
1. THE ENTERPRISE SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONSMADE AVAILABLE IN CONNECTION WITH THE ENTERPRISE SERVICES ARE PROVIDED “AS IS,”WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,LOOKOUT AND ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS,EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, DISTRIBUTORS, AND LICENSORS (“LOOKOUT ENTITIES”)
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS OR ANY REGARDING AVAILABILITY, RELIABILITY, ORACCURACY OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR2Enterprise End User Terms of Services (Apr. 1, 2023)

EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
2. WITHOUT LIMITING THE FOREGOING, NEITHER LOOKOUT NOR ITS AFFILIATES OR LICENSORSWARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BEERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINEDFROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESSOR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR INCONNECTION WITH THE USE OF THE SERVICE.
3. NEITHER LOOKOUT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT,WHETHER ONLINE OR OFFLINE, OF ANY USER.
4. LOOKOUT AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANYPERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED,DELETED, DESTROYED OR USED BY OTHERS.
b. Indemnity: You agree to indemnify and hold harmless Lookout and Lookout Entities from any and all claims, suits,actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) yourmisuse of the Enterprise Services, (b) any violation of the rights of any other person or entity by your use or misuse of
the Enterprise Services, or (c) your breach of any part of this TOS. Lookout reserves the right, at your expense, toassume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree tocooperate with our defense of these claims. You will not, in any event, settle any claim or matter relating to Lookout
without the written consent of Lookout.
c. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOOKOUT AND LOOKOUTENTITIES WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE,CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE ENTERPRISE SERVICES,EVEN IF LOOKOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDYFAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL LOOKOUT OR LOOKOUT ENTITIES’ TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATINGTO THIS TOS EXCEED (1) THE AMOUNT PAID BY YOUR EMPLOYER FOR THE ENTERPRISE SERVICES USEDBY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR(2) ONE THOUSAND U.S. DOLLARS, WHICHEVER IS GREATER.
7.

Governing Law and Jurisdiction
a. Please Contact Us First: Our goal is for you to be happy and satisfied with your use of the Enterprise Services. If youhave a dispute with Lookout, you agree to contact us at enterprisesupport@lookout.com and attempt, in good faith, toresolve the dispute with us informally. If a dispute is not resolved within 60 days of notice, you or Lookout may bringa formal proceeding.
b. You Agree to Arbitrate: To the extent allowable under the laws of your jurisdiction, any dispute, claim orcontroversy arising out of or relating to the use of the Enterprise Services, this Agreement or the breach, termination,enforcement, interpretation or validity thereof, including the determination of the scope or applicability of thisagreement to arbitrate, shall be submitted before one arbitrator for final and binding arbitration in the State of New
York, or other location to which both parties agree to in writing. The arbitration shall be administered by Judicial
Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and inaccordance with the Expedited Procedures in those Rules (collectively, the “JAMS Rules”), both of which are available
at the JAMS website www.jamsadr.com. Judgment on the award may be entered in any court having jurisdiction. Thisclause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate
jurisdiction. The parties will cooperate with JAMS and with one another in selecting an arbitrator from the JAMS
panel of neutrals and in scheduling the proceedings. Your arbitration fees and your share of arbitrator compensation
will be governed by the JAMS Rules. The arbitrator shall award to the prevailing party, if any, the costs and attorneys’
fees reasonably incurred by the prevailing party in connection with any arbitration arising out of or related to use ofthe Enterprise Services or this Agreement. If the arbitrator determines a party to be the prevailing party undercircumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may
award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by theprevailing party in connection with the arbitration.
c. Exception to Arbitration: Either party may bring a lawsuit in the Federal or State courts of New York solely for3

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injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights
without first engaging in the informal dispute notice process described above.
d. U.S. Licensees Only - Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action orRepresentative Proceeding: You and Lookout agree that any arbitration will be limited to the dispute between Lookout
and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND LOOKOUT ARE EACH WAIVING
THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION ORREPRESENTATIVE PROCEEDING. Further, unless both you and Lookout otherwise agree, the arbitrator may notconsolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative
proceeding. If this specific paragraph is held unenforceable, then Subsections 7(b)-(d) will be deemed null and void.
e. Any actions not subject to arbitration shall be governed by and enforced in accordance with the internal laws of theState of New York U.S.A, including its statutes of limitations, without regard to any borrowing statute that would
result in the application of the statute of limitations of any other jurisdiction, and such actions must be litigatedexclusively in the Federal or State courts of New York, and you and Lookout expressly consent to venue and personal
jurisdiction there.
8.

General Mattersa. Severability: If any provision of this TOS is held invalid or unenforceable, that provision will be modified to theextent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision
will be severed from this TOS and this TOS will otherwise remain in full force and effect.
b. No Waiver: Our failure or delay to enforce a provision under these Terms is not a waiver of our right to do so in thefuture.
c. No Assignment or Transfer: This TOS and any rights and licenses that we grant to you may not be transferred orassigned by you, but may be assigned or transferred by Lookout without restriction.
d. Entire Agreement: These Terms constitute the entire agreement between you and Lookout concerning theEnterprise Services unless your Enterprise has a master license agreement with Lookout which incorporates end userterms of service. If your Enterprise has such a master license agreement then the terms of the master license willcontrol over any conflicting Terms. Where these Terms do apply they supersede all prior or contemporaneous
agreements between you and Lookout.
e. We Can Modify This TOS: Lookout may modify these Terms from time to time in its sole and absolute discretion.
You agree to be bound by any changes to the TOS if you continue to use the Enterprise Services after such changes areposted, so please read all changes carefully. The most current version of this TOS will be located athttps://legaldocs.lookout.com/en/enterprise-end-user-agreement.pdf.
f. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or
created by these Terms.
g. In the Event of Termination: The provisions that require or contemplate performance after the termination of theseTerms, and all provisions relating to limitation of liability, disclaimers, and indemnification in these Terms will beenforceable regardless of the termination of these Terms.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE ANDAGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THETERMS AND CONDITIONS OF THIS AGREEMENT.

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