End User License Agreement
This is a legal agreement (“AGREEMENT”) between the end-user customer (“you”), and theproviding Heimdall entity (the applicable providing entity is hereinafter referred to as “HEIMDALL”).
Your location of receipt of Heimdall product (hereinafter “PRODUCT”) and software maintenance(hereinafter “MAINTENANCE”) determines the providing entity hereunder. Heimdall Data, Inc., a
Delaware corporation, licenses the PRODUCT and provides MAINTENANCE. Heimdall Data is a data
access platform that optimizes, secures, and provides high availability for applications. By installing
and/or using the product, you are agreeing to be bound by the terms of this agreement. Nothing
contained in any purchase order or any other document submitted by you shall in any way modify or
add to the terms and conditions contained in this AGREEMENT.
1. PRODUCT LICENSES.
a. License Grant. HEIMDALL hereby grants to you a non-exclusive, irrevocable, license to use
PRODUCT (“License”). This License shall be nontransferable except in conjunction with a permitted
assignment of this Agreement. You may: (i) use the PRODUCT in your and your Affiliate’s businesses;(ii) permit use of the PRODUCT by one or more third parties, including, without limitation, toperform information processing, disaster recovery, disaster recovery testing or other services foryou, provided such third parties agree to keep the PRODUCT confidential; and (iii) permit use of the
PRODUCT by persons with authorized access to your computer system, including, but not limited to,agents, auditors, temporary personnel, contracted personnel, consultants, suppliers, and Affiliates.
b. End User Licenses. Your license to the PRODUCT will be activated by license keys that allow use of
the PRODUCT in increments defined by the license model purchased (“License Keys”). License Keys
for other HEIMDALL products or other editions of the same PRODUCT may not be used to increase
the allowable use for your edition of the PRODUCT. Note that the PRODUCT may disable itself upon
the expiration of the License Key. In no event may a PRODUCT be used beyond expiration.
c. If the PRODUCT is labeled “Evaluation” or “Free Trial”, notwithstanding any term to the contraryin this AGREEMENT, your license permits use only if you are an end-user customer and then only foryour internal demonstration, test, or evaluation purposes, and not for any other purpose, including
without limitation production purposes. Your license is for thirty (30) days with NO RIGHT TO
MAINTENANCE, ANY WARRANTY OR INFRINGEMENT INDEMNIFICATION.
d. PRODUCT Hosted in a Public Cloud. If the PRODUCT is used in a public cloud environment, you
may not copy any portion of the PRODUCT out of the Cloud Provider environment. Each instance of
the PRODUCT running in the cloud provider’s environment requires its own license key when you areusing a bring-your-own license. If you are deploying the PRODUCT from a cloud, Marketplace
offering (e.g. hourly usage-based billing), each instance is licensed and paid separately through thecloud provider. IN ADDITION TO THE DISCLAIMERS SET FORTH IN SECTION 5 BELOW, AND
NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THIS LICENSE OR ANY REPRESENTATIONS OR
WARRANTIES OF THE APPLICABLE CLOUD OR SIMILAR ENVIRONMENT, PRODUCT PROVIDED BY A
CLOUD PROVIDER AND NOT OBTAINED FROM HEIMDALL DATA IS PROVIDED “AS IS” AND POSSIBLY
WITH FAULTS.
e. Any product not licensed for end-user production use may be flagged in the license to report backto HEIMDALL for tracking purposes. The limit of this data will include license usage statistics, andsystem statistics and will not include database requests or other sensitive information. Users of nonproduction licenses agree to this data being provided to HEIMDALL without restriction.

2. MAINTENANCE may be required and may need to be purchased separately. MAINTENANCE
may include access to software-as-a-service (SaaS). MAINTENANCE begins on the date of theexecuted purchase agreement. Your plan shall continue for a one (1) year term or as
specified by the executed purchase agreement. Your plan may be extended by yourpurchase of available annual renewals (the “MAINTENANCE Term”). During the initial or
renewal MAINTENANCE Term, HEIMDALL will:a. make any Updates for the PRODUCT covered by the plan available to you. An “Update” shall mean
a generally available release of the same edition of the same PRODUCT which HEIMDALL makes
available from time to time. Updates shall be considered to be a part of the PRODUCT and subject tothe terms of this AGREEMENT, except that Updates are not covered by the Limited Warranty
applicable to the PRODUCT, to the extent permitted by applicable law.
b. supply corrections to you to correct PRODUCT malfunctions in order to bring PRODUCT into
conformity with the operating specifications for the then current version of the PRODUCT unlesssuch malfunction shall have been caused by your unauthorized modification(s) of the PRODUCT orunless your unauthorized modification(s) prohibits or hampers such correction;c. provide telephone support to you in order to help you locate and, on its own, correct problems
with the PRODUCT or assist in installation or operation of the PRODUCT;
d. supply all extensions, enhancements, and other changes which are logical improvements or
extensions to the PRODUCT and which HEIMDALL provides, without charge, to any other you of the
PRODUCT.

3. THIRD-PARTY SOFTWARE.
a. Open Source Components. Certain portions of the PRODUCT contain open-source software. You
are bound by and shall comply with the Open Source Licenses. A listing of the open-sourcecomponents is in the technical documentation.
b. Restricted Third Party Software. Certain portions of the PRODUCT include third-party softwaremodules may include geographical or other data. You agree that you will only use such Restricted
Third-Party Software or geographical data in conjunction with the PRODUCT and not as standalone
software.
c. You will not (A) copy the Restricted Third-Party Software or Geographical Data onto any public or
distributed network; (B) use the Restricted Third-Party Software or Geographical Data separately tooperate in or as a time-sharing, outsourcing, service bureau, application service provider ormanaged service provider environment; (C) use the Restricted Third-Party Software or Geographical
Data as a general server, as a standalone application or with applications other than the Software
under this license; (D) change any proprietary rights notices which appear in the Restricted ThirdParty Software or Geographical Data; or (E) modify the Restricted Third-Party Software or
Geographical Data.
4. COLLECTION AND USE OF INFORMATION.
a. Product Information. You consent and agree to the collection and use of certain information
about your PRODUCT, including, but not limited to, CPU utilization, disk configuration, memoryamount, as well as periodic updates for software, databases, etc. You may opt out of the collection
and use of such information by configuring the PRODUCT to disable these features.
b. For more information, review our Privacy Policy.
5. INFRINGEMENT INDEMNIFICATION. In the event of any claim, suit, or proceeding brought
against you based on an allegation that a PRODUCT or consulting deliverable hereunderinfringes upon any patent, copyright or trade secret of any third party (“Infringement
Claim”), HEIMDALL shall defend, or at its option, settle such Infringement Claim, and shall
pay all costs (including attorney’s fees) associated with the defense of such Infringement
Claim, and all damages finally awarded or settlements undertaken by HEIMDALL in
resolution of such Infringement Claim, provided you: promptly notify HEIMDALL in writing ofyour notification or discovery of an Infringement Claim such that HEIMDALL is not prejudicedby any delay in such notification; give HEIMDALL sole control over the defense or settlementof the Infringement Claim; and provide reasonable assistance in the defense of the same.
Following notice of an Infringement Claim, or if HEIMDALL believes such a claim is likely,
HEIMDALL may at its sole expense and option: (i) procure for you the right to continue to
use the alleged infringing PRODUCT or consulting deliverable; (ii) replace or modify the
PRODUCT or consulting deliverable to make it non-infringing; or (iii) accept return of the
PRODUCT or consulting deliverable and, for the PRODUCT, provide you with a prorated
refund using a three (3) year straight-line depreciation basis, or, for the consulting
deliverable, refund payments made for the deliverable. HEIMDALL assumes no liability for
any Infringement Claims or allegations of infringement based on: (i) your use of any
PRODUCT or consulting deliverable after notice that you should cease use of such PRODUCTor consulting deliverable due to an Infringement Claim; (ii) any modification of the PRODUCTor consulting deliverable by you or at your direction; (iii) your combination of the PRODUCTor consulting deliverable with non-HEIMDALL hardware, software, services, data or othercontent or materials if such Infringement Claim would have been avoided by the use of the
PRODUCT or consulting deliverable alone. THE FOREGOING STATES YOUR EXCLUSIVEREMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM.

6. LIMITED WARRANTY AND DISCLAIMER. HEIMDALL warrants from the date of delivery of theLicense Keys to you, the PRODUCT will perform substantially in accordance with the
PRODUCT’S documentation published by HEIMDALL and included with the PRODUCT.
HEIMDALL and its licensors’ and suppliers’ (“SUPPLIERS’”) entire liability and your exclusive
remedy under this warranty (which is subject to your return of the PRODUCT to HEIMDALL
or an authorized reseller) will be, at the sole option of HEIMDALL and subject to applicablelaw, to replace the PRODUCT or to refund the purchase price and terminate your license to
the PRODUCT. This limited warranty does not cover any modification of the PRODUCT byyou. HEIMDALL will provide MAINTENANCE technical support and consulting services in a
professional and workmanlike manner, but HEIMDALL cannot guarantee that every questionor problem raised by you will be resolved or resolved in a certain amount of time. Heimdall
does not warrant in any form the results or achievements of the PRODUCT, technicalsupport, consulting services or related deliverables. With respect to technical support,
HEIMDALL and its SUPPLIERS’ entire liability and your exclusive remedy under this warranty
are re-performance of the services. With respect to consulting services, HEIMDALL and its
SUPPLIERS’ entire liability and your exclusive remedy under this warranty is re-performanceof the services or, if re-performance is not possible or conforming, refund of amounts paid
for the nonconforming services.

7. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITEDWARRANTY, HEIMDALL AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND HEIMDALL AND ITS
SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO THE PRODUCT, MAINTENANCE AND
ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, ANY CONDITIONS OF QUALITY,AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND ANYIMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, QUIETENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR
A PARTICULAR PURPOSE.

8. EXPORT RESTRICTION. You agree that you will not export, re-export, or import the
PRODUCT, MAINTENANCE or any other software or service delivered hereunder in any form
without the appropriate government licenses. You understand that under no circumstances
may the PRODUCT, MAINTENANCE or any other software or service delivered hereunder be
exported to any country subject to U.S. embargo or to U.S.-designated denied persons or
prohibited entities or U.S. specially designated nationals.

9. LIMITATION OF LIABILITY. EXCEPT FOR HEIMDALL’ INDEMNIFICATION OBLIGATIONSEXPRESSLY SET FORTH IN SECTION 4, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW,YOU AGREE THAT NEITHER HEIMDALL NOR ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED
DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF DATA OR PRIVACY, LOSS OF INCOME,
LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS, HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE PRODUCT, MAINTENANCE OR
ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, OR DAMAGE ARISING FROMYOUR USE OF THIRD-PARTY PRODUCTS OR HARDWARE OR ANY OTHER SPECIAL,INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT; OR THE USE OF THE PRODUCT OR MAINTENANCE;OR YOUR EXPORTATION, REEXPORTATION, OR IMPORTATION OF THE PRODUCT,HARDWARE OR MAINTENANCE, THIS LIMITATION WILL APPLY EVEN IF HEIMDALL, ITS
AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR HEIMDALL’ INDEMNIFICATION OBLIGATIONSEXPRESSLY SET FORTH IN SECTION 4, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HEIMDALL, ITS AFFILIATES,
SUPPLIERS, OR AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE PRODUCTAND/OR MAINTENANCE TERM AT ISSUE. YOU ACKNOWLEDGE THAT THE PRODUCT AND
MAINTENANCE FEES REFLECT THESE ALLOCATIONS OF RISK. SOME JURISDICTIONS DO NOTALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. For
purposes of this Section, the term “AFFILIATE” shall mean any legal entity fifty percent (50%)
or more of the voting interests which are owned directly or indirectly by HEIMDALL.

AFFILIATES, SUPPLIERS and authorized distributors are intended to be third-party
beneficiaries of this AGREEMENT.

10. This AGREEMENT is effective until terminated. You may terminate this AGREEMENT at any
time by removing the PRODUCT from your computers and destroying all copies andproviding written notice to HEIMDALL with the serial numbers of the terminated License
Keys. HEIMDALL may terminate this AGREEMENT at any time for your breach of thisAGREEMENT if after thirty (30) days written notice of the breach or default if you do notcorrect or in good faith commence to correct same. Unauthorized copying of the PRODUCTor the accompanying documentation or otherwise failing to comply with the license grant of
this AGREEMENT will result in automatic termination of this AGREEMENT and will makeavailable to HEIMDALL all other legal remedies. You agree and acknowledge that yourmaterial breach of this AGREEMENT shall cause HEIMDALL irreparable harm for whichmonetary damages alone would be inadequate and that, to the extent permitted byapplicable law, HEIMDALL shall be entitled to injunctive or equitable relief without the needfor posting a bond. Upon termination of this AGREEMENT, the PRODUCT licenses granted
hereunder will terminate and you must immediately destroy the PRODUCT andaccompanying documentation, and all backup copies thereof. Any termination of consulting
services is subject to the applicable scope definition, and you shall pay for services provided
prior to the termination. All purchases are final with no right of refund, other than under the
warranty or infringement indemnification terms of this AGREEMENT.

11. CHOICE OF LAW AND VENUE. If the providing entity is Heimdall Data, Inc., this AGREEMENT
will be governed by the laws of the State of California without reference to conflict of laws
principles and excluding the United Nations Convention on Contracts for the International
Sale of Goods, and in any dispute arising out of this AGREEMENT, you consent to the
exclusive personal jurisdiction and venue in the State and Federal courts within Santa ClaraCounty, California.

12. HOW TO CONTACT HEIMDALL. Should you have any questions concerning this AGREEMENT
or want to contact HEIMDALL for any reason email: info (at) heimdalldata.com

13. This Agreement does not grant you the right to use any HEIMDALL DATA trade or service
mark.