ERICOM SOFTWARE LTD.
END USER LICENSE AGREEMENT
Version 16
IMPORTANT - CAREFULLY READ THIS END USER LICENSE AGREEMENT BEFORE INSTALLING
OR USING ANY ERICOM SOFTWARE THAT IS LINKED TO OR ACCOMPANIES THIS END USER
LICENSE AGREEMENT BY WAY OF HTTP OR URL REFERENCE OR IS OTHERWISE INCLUDED IN
CLICK-WRAP FORM (the “Software”). THIS IS A LEGAL AND ENFORCEABLE CONTRACTBETWEEN YOU, AS LICENSEE, AND ERICOM.
THIS LICENSE AGREEMENT DOES NOT APPLY TO USE OF THE SOFTWARE AS A SERVICE. IF
YOU ARE USING THE SOFTWARE AS A SERVICE, PLEASE CONTACT ERICOM.
Ericom Software Ltd., on its behalf and on behalf of its wholly owned affiliate (“Ericom”) specified in the Ericom
Software License Certificate issued to you (“License Certificate”), is willing to license the Software in executablecode form, and any related printed or electronic documentation and all updates, modifications, or other revisions to
the Program and documentation delivered (collectively the “Program”), to the licensee of the Software (“you” or“Licensee”) only on the condition that Licensee accepts all of the terms and conditions of this End User License
Agreement (this “EULA”), the License Certificate, and the Product Entitlement Supplement (defined below)(collectively, the “Agreement”). In the event of any conflict between the express provisions of the License
Certificate and/or Product Entitlement Supplement and this EULA, (a) such express provisions of the License
Certificate and/or Product Entitlement Supplement shall prevail over this EULA; and (b) such express provisionsof the License Certificate shall prevail over the Product Entitlement Supplement.
By clicking the "Accept" button or otherwise indicating assent electronically and/or using the Software, Licensee
acknowledges that Licensee has read and understood the terms and conditions of the Agreement and that Licensee
will be legally bound by the Agreement. If you do not agree to these terms, click the “Logout” button or otherwise
indicate refusal and cease any and all use of the Program.
IF YOU ARE ENTERING INTO THE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGALENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE
AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THE
AGREEMENT AND MAY NOT USE THE SOFTWARE.
1. GRANT OF LICENSE.
(a) License. Subject to payment of all applicable fees (directly to Ericom or to an Ericom channel partner),
Ericom grants to Licensee a personal, non-exclusive, nontransferable license to use the Program for
Licensee’s internal business purposes, in accordance with the usage parameters, license term, pricing,payment and other terms set forth in the License Certificate, Product Entitlement Supplement and this EULA
(the “License”).
(b) License Term. The “License Term” for “production” use of the Program is set forth in the License
Certificate (such as, Perpetual, Subscription and Limited Term Licenses). The License Term for thefollowing “nonproduction” uses shall be as set forth below:
i. Evaluation License: A License granted for evaluation of the Program may only be used for internal
testing or evaluation purposes. The “License Term” for the License shall be the limited period
designated by Ericom. At the end of the License Term, Licensee shall return the Program (or delete theProgram from Licensee’s Device) or purchase a Perpetual License or Subscription License (asavailable), which shall be subject to the Agreement.
ii. Not for Resale: If the License is designated as “Not for Resale” or “NFR”, the “License Term” shall be
the period that Licensee is an Ericom channel partner or Service Provider (as defined below). A Not for
Resale License permits use only for demonstration, testing, and evaluation purposes in support ofLicensee’s customers or clients.
iii. Beta Program: If a License is provided in connection with a beta program, the “License Term” shall be
the period of the beta program.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THE AGREEMENT,PROGRAMS AND ANY SUPPORT SERVICES AND PROFESSIONAL SERVICES PROVIDED IN
CONNECTION WITH EVALUATION LICENSES, NOT FOR RESALE LICENSES, BETA
PROGRAMS OR OTHERWISE PROVIDED WITHOUT CHARGE ARE PROVIDED BY ERICOM“AS IS,” WITHOUT WARRANTIES, REPRESENTATIONS, LIABILITY, OR INDEMNITIES OF ANY
KIND.
(c) Usage Parameters. The License Certificate sets forth the “License Type” (described in Schedule A hereto)and the number of users, devices, etc. (as applicable to such License Type) permitted to use the Software.

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If Licensee has not received a License Certificate, then Licensee may only use the Software on a single
Device to be accessed by a single end user at a time.
(d) Additional Licensing Rights and Requirements.
i. Product Entitlement Supplement. The “Product Entitlement Supplement” sets forth any supplemental
usage rights, restrictions, and terms specific to a particular Software product. The Product Entitlement
Supplement may be found at www.ericom.com/legal/repository (or a successor URL) and isincorporated by reference and an integral part of the Agreement.
ii. OEM Channel Partner Product. Software provided to Licensee to be embedded or incorporated with, or
loaded onto, a physical hardware device or a third party software product (“OEM Channel Partner
Product”) is restricted to use on such device or with such software product only. The Software may besubject to additional restrictions imposed by the provider of the OEM Channel Partner Product.
iii. Activation. Licensee may be required to provide Ericom (or Ericom’s designated channel partner) with
the Software’s initial license key (or system ID) and the serial number from the License Certificate toactivate the Software. The Software may contain a mechanism to make it inoperable after the License
Term.
iv. Service Provider License. If the License Certificate designates Licensee as a “Service Provider”, theLicense includes the right to provide access to the Software as a service to Licensee’s clients for theirinternal business purposes, subject to the terms and conditions of the Agreement and any further
limitations set forth in a Service Provider Addendum and/or other Ericom terms accepted by Licensee(“Service Provider License”).
v. User Activities. “User” means any employee, contractor, client or other individual permitted by
Licensee to access and/or use the Program. Licensee shall be responsible for all activities conducted by
its Users and/or under its Users’ accounts, including compliance with all obligations under the
Agreement and all laws and regulations applicable to Licensee’s access and use of the Program.
vi. Licensee Outsourcing Contractor. Licensee may sublicense the License to Contractors that haveundertaken in writing to comply with all obligations under the Agreement and all laws and regulations
applicable to access and use of the Program. Licensee shall be responsible for all activities conductedby its Contractors with respect to the Program. “Contractor” means a third party outsourcing or
facilities management contractor that uses the Program on Licensee’s behalf to provide services toLicensee.
vii. Third Party Materials. The Program may contain features designed to interoperate with products orcomponents derived from portions of materials provided by third parties (“Third Party Materials”).
Licensee may use Third Party Materials solely in connection with the Program. Third Party Materials
may be subject to other terms and conditions, which are typically found in a separate license agreement
or a “read me” or other file located in or near such materials. Third Party Materials may include codeand libraries licensed to Ericom under licenses which require Ericom to make the source code for thosecomponents available. Licensee acknowledges that the availability and right to license any Third Party
Materials to Licensee shall cease automatically, without liability on Ericom’s part, upon the
discontinuation or termination of the provision thereof to Ericom.
viii. No High Risk Use. The Software is not fault-tolerant and is not guaranteed to be error free or to operate
uninterrupted. The Software may not be used in any application or situation where a Software failure
could lead to death or serious bodily injury of any person or to severe physical or environmental damage(“High-Risk Use”). High-Risk Use does not include use of the Software to communicate withapplications that perform control functions (but are not directly or indirectly responsible for the control
function) and the failure of the Software would not result in death or serious bodily injury of any personor severe physical or environmental damage. Licensee agrees to indemnify and hold harmless Ericom
from any third-party claim arising out of use of the Software in connection with any High-Risk Use.
(e) License Restrictions. Licensee may not make any use of the Program that is not expressly permitted by
the Agreement. Except as expressly set forth in the Agreement, Licensee shall not: (i) copy (except as set
forth below), modify, reverse engineer, decompile, disassemble, or otherwise translate any portion of the
Software or the Software created metadata; or (ii) modify or disable any licensing or control features or any
other security measure incorporated in the Software; or (iii) use the Software to conduct competitive
research or disclose results of any benchmarking tests without Ericom’s prior written consent; or (iv) unlessdesignated as a Service Provider in the applicable License Certificate (and only to the extent permitted
therein), distribute, disclose, market, rent, lease, sublicense, or transfer the Program or use the Program inany service bureau arrangement. Licensee may make one (1) copy of the Software solely for backup

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purposes provided Licensee reproduces the Software’s copyright notices and any other legends of ownershipon each copy, or partial copy. Except as expressly set forth in the Agreement or otherwise agreed to by
Ericom in writing, no license, right, or interest in any Ericom Trademarks is granted hereunder.
(f) Fees; Audit. If usage of the Software (including in terms of number of copies or users) exceeds thatindicated in the License Certificate, Licensee shall pay Ericom’s standard license and related support fees
for such additional usage within thirty (30) days of Ericom’s invoice plus interest of the lower of one andone-half percent (1.5%) per month and the highest rate permitted by local law, from the first day of suchexcess use. Ericom may, at its expense, audit the usage of the Program. Any such audit shall be conducted
no more than once per annum, during regular business hours at Licensee’s premises and shall not
unreasonably interfere with Licensee’s business activities. If the underpaid fees are in excess of five
percent (5%) of the fees paid for the period of the audit, then in addition to such fees for additional usage
and interest thereon, Licensee shall also pay Ericom’s reasonable costs of conducting the audit.
BETA PROGRAM. Licensee may elect to participate in Ericom’s beta or early release programs for the Program(“Beta Programs”). Any Software licensed in connnection with a Beta Program shall be used solely for thestated purposes thereof and any other terms set by Ericom. Licensee acknowledges that such Software is in apilot-production stage of development and, therefore, may contain irregularities not normally found in software.
Licensee agrees to interface with Ericom’s designated representatives at regular intervals to discuss the Beta
Program Software and to furnish, subject to applicable law, verbal or written reports at Ericom’s reasonable
request, including failure logs, status reports, error reports, and other information related to Licensee’s use of the
Software. Licensee is encouraged to provide Ericom with suggestions and ideas for improving or otherwise
modifying the Software or Support or Professional Services. Upon Ericom’s request, Licensee agrees to return or
destroy, or cease use of, the Program and other materials delivered to Licensee as part of the Beta Program.
SUPPORT SERVICES. Ericom technical support and maintenance services for the Software, including theright to receive Updates (“Support Services”) are provided in accordance with Ericom’s then current Support
Services Terms and Conditions located at www.ericom.com/legal/repository and this Agreement. “Updates”
means all published revisions and corrections to the printed documentation and corrections and new releases of
the Software that are generally made available to Ericom’s supported licensees at no additional cost, but notincluding any functionality or future products that Ericom licenses separately.
(a) Limited Term/Subscription License Support Services. A Limited Term/Subscription License includes
Support Services.
(b) Perpetual License Support Services. A Perpetual License does not include Support Services. Support
Services for Perpetual Licenses may be purchased from Ericom or an Ericom channel partner for an annual
support fee, subject to Ericom’s end of life policy. Licensee must purchase and renew Support Services for
all Perpetual Licenses of the corresponding Software. If Support Services lapse, Licensee may not renew
Support Services wihout paying the applicable Lapsed Maintenance Fee.
(c) Support Services are made available only for the specific Software, License type, and number of Licenses
stated in the applicable License Certificate.
(d) Notwithstanding anything in this Section 3, if Licensee purchased Licenses or Support Services for the
Program through an Ericom designated channel partner or as part of an OEM Channel Partner Product (asper Section 1(c)(ii) above), then the applicable channel partner may provide certain Support Services inaccordance with such channel partner’s support terms. Additional details regarding the channel partner’s
support terms, including the allocation of technical support responsibilities for the Support Services andtechnical support contact information, are available from the channel partner directly.
(e) If Licensee has been designated as a Service Provider, Support Services shall be provided solely to Licensee.
Licensee shall be solely responsible for providing support to its clients. Licensee shall not direct to Ericom
any client with questions regarding the use or operation of the Program. Ericom shall refer any client service
questions to Licensee.
PROFESSIONAL SERVICES. “Professional Services” means training, development, implementation, or any
other Ericom services related to the Program that are not included within the Support Services. Upon Licensee’s
request, Ericom will provide a Professional Services Order (“PSO”) detailing the terms and conditions for theprovision of Professional Services requested. Professional Services will be governed by the terms of theAgreement and the applicable PSO. In the event of any conflict between the terms of the Agreement and any
PSO, the terms of the PSO will control with respect to the Professional Services. Ericom will control the mannerand means by which the Professional Services are performed and reserves the right to determine the personnel
assigned to perform the Professional Services. Ericom may use third parties to perform the Professional Services,
provided Ericom remains responsible for their acts and omissions. Ericom retains all right, title, and interest inPage 4 of 7

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and to anything used or developed in connection with performing the Professional Services, including, among
other things, software programs, specifications, ideas, inventions, processes, and know-how, including all
intellectual property rights therein. Ericom grants to Licensee a non-exclusive, non-transferable, limited-term
license to use all Professional Services deliverables during the Program License Term, solely in conjunction with
Licensee’s use of the Program and in accordance with the Agreement.
OWNERSHIP/ERICOM IP INDEMNIFICATION.
(a) Ownership. Licensee hereby acknowledges and agrees that the Agreement grants Licensee a license to theProgram and in no way is a sale of all or any part of the Program. Ericom (or its third party licensors) retains
all title, right (including all applicable intellectual property right), and interest in and to the Program,including all documentation, translations, enhancements, improvements, or other modifications made to orderived from the Program, which are protected by intellectual property laws and international treaty
provisions. Nothing in the Agreement or in the parties’ dealings arising out of or related to the Agreement
will restrict Ericom’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit any
suggestion or idea for improving or otherwise modifying the Program or Support or Professional Services(“Feedback”) without compensating or crediting Licensee or the individual providing such Feedback.
(b) Ericom IP Indemnification. If promptly notified within ten (10) days of any action brought against Licensee
based on a claim that the Program as provided to Licensee infringes a registered copyright or patent, Ericom
will defend the action at its expense and will pay any and all fees, costs, or damages that may be finallyawarded in the action or resulting settlement. If the Program is found to infringe a registered patent or
copyright right, or in Ericom’s opinion, might be held to infringe, Ericom may, at its option and expense,
either (i) procure the right for Licensee to continue using the Program, (ii) modify the Program so it is noninfringing, or (iii) terminate the Agreement and refund Licensee with the unused portion of the license fees
paid under the Agreement for Subscription Licenses or for Perpetual Licenses, subject to five-year straightline depreciation. This section represents the sole and exclusive remedy of Licensee and the entire liability
and obligation of Ericom with respect to infringement or claims of infringement of any intellectual property
right by the Software.
PUBLICATION. Licensee consents to written and oral disclosure by Ericom of Licensee’s name and logo as an
end user of the Software in a factual listing of Ericom’s customers (with or without a list of the category ofSoftware licensed by Licensee) to be published within marketing and promotional materials, in presentations, on
trade show signs and materials, on Ericom’s website, and to financial and industry analysts.
CONFIDENTIAL INFORMATION. “Confidential Information” means all non-public information disclosedby Ericom or on its behalf, whether or not identified as "confidential," in any form or medium, and includes but
is not limited to the Program, the terms and pricing for the Software, and any other information clearly identified
as confidential or by its nature reasonably considered proprietary or confidential. Confidential Information does
not include any information that, as can be proven by written record: (a) was rightfully in the possession of, or
was known by, Licensee prior to its receipt from Ericom (directly or indirectly) without an obligation to maintainits confidentiality; (b) is or becomes generally known to the public without violation of the Agreement; (c)Licensee rightfully obtained from a third party, without an obligation to keep such information confidential; or(d) independently developed by Licensee by persons without access to the Confidential Information. Licensee
acknowledges that the Program contains Confidential Information and trade secrets. Licensee shall protect all
Confidential Information from copying, misuse and disclosure with the same degree of care Licensee treats its
most confidential information, but not less than reasonable care. Licensee agrees to be responsible for any
unauthorized disclosure, use, or copying of the Program by any person to which Licensee grants access to theProgram. Licensee will use the Confidential Information only as needed to exercise the licenses granted to
Licensee under the Agreement. Licensee may disclose Confidential Information as required by law or court order,
provided Licensee shall: promptly notify Ericom in writing of the requirement for disclosure, provide Ericom areasonable opportunity to limit the scope of disclosure, and only disclose as much of the Confidential Information
as is required by law. Licensee’s obligations hereunder shall survive any expiration or termination of theAgreement.
DATA COLLECTION.
The Software may contain features designed to prevent unlicensed use of the Software and to retrieve data suchas IP address, serial number, Software name and version, mac address, operating system, and server uptime todetect improper use of the Software and develop generic statistical information on Software use. Licensee grants
Ericom and its subsidiaries the right to collect, store, transfer, and use such information (and other informationthat Licensee elects to provide to Ericom in connection with Licensee’s use of the Software) solely to prevent
unlicensed use of the Software, to improve Ericom’s products and to provide customized services andtechnologies to Licensee.

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To the extent that Ericom processes any information relating to a natural person (“Personal Information”) thatis regulated by applicable law (“Privacy Law”) in connection with Licensee’s use and Ericom’s provision of the
Software and/or Support Services or Professional Services, Ericom will be the Data Processor and Licensee willbe the Data Controller. Licensee warrants that it has provided all applicable notices and obtained all necessaryconsents, permits, or licenses to comply with all applicable Privacy Law with respect to the provision of Personal
Information to Ericom and Ericom’s use of such Personal Information in accordance with the Agreement. Ericom
shall process Personal Information as is necessary to (i) enable, optimize and provide the Software, Support
Services and Professional Services to Licensee and Licensee’s Users, (ii) administer and enforce its agreementswith Licensee, (iii) make recommendations regarding usage of the Software, Support Services and Professional
Services and other Ericom products and services, (iv) improve and develop Ericom’s products and services
including, without limitation, for security research and development, or threat detection and security reporting
purposes, and (v) generate statistical reports and analysis about use of the Software, Support Services andProfessional Services (including analysis related to security trends and data patterns, and comparisons in Ericom’s
aggregated install base).
Licensee hereby consents to Ericom’s transfer of Personal Information, as may be required to provide theSoftware, Support Services and Professional Services pursuant to the Agreement, to the United States or othercountries that may have different data protection laws than the region in which Licensee is located and may beaccessed by Ericom employees, contractors, partners, and vendors for the purposes described above. In the eventof transfers of Personal Information from the European Economic Area to outside the European Economic Area,
Licensee agrees that Ericom will execute Standard Contractual Clauses on its behalf. In the event of a conflict
between the clauses of the Agreement and the Standard Contractual Clauses with respect to Personal Information
processed under the Agreement, the terms of the Standard Contractual Clauses will prevail to the extent of suchconflict.
Unless otherwise specified in the applicable Product Entitlement Supplement or License Certificate, Licensee
may not make available to Ericom any sensitive Personal Information or other special data that imposes specificor heightened data security, data protection obligations, or governmental regulations on Ericom, including, but
not limited to: (i) the Health Insurance Portability and Accountability Act of 1996; (ii) the Payment Card Industry
Data Security Standard and Payment Application Data Security Standard; and (iii) all laws concerning theprotection, transport, storage, use, and processing of Sensitive Personal Data (as defined under the EU General
Data Protection Regulation). Licensee shall indemnify and hold harmless Ericom from and against any claims,
actions, damages, penalties, costs, losses and expenses (including legal fees) arising from or relating to any
violation by Licensee of the terms of this paragraph.
9. SECURITY MEASURES. Ericom will implement commercially reasonable measures to secure and protect the
Personal Information submitted by Licensee in accordance with the Agreement, including against accidental or
unlawful loss, access, or disclosure.
10. LIMITED SOFTWARE WARRANTY. Ericom represents and warrants that for the period ending thirty (30)days from the date Licensee receives Licensee’s initial copy of the Program, (a) the media on which Ericom has
supplied the Software is not defective and the Software is properly recorded on it; and (b) the Software functions
substantially as described in the accompanying user manuals (“Operational Warranty”). Ericom must receive
written notice of an Operational Warranty breach within such thirty (30) day period. Ericom’s only obligation,and Licensee’s only remedy, for any breach of the Operational Warranty will be, at Ericom’s option and expense,to (a) correct or provide a workaround for reproducible errors in the Software that caused the breach within areasonable time, considering the severity of the error and its effect on Licensee; or (b) terminate the Agreementwith respect to the defective Software, and refund the unused, prepaid fees for the defective Software during thethen-current License Term, provided Licensee purges all copies of the Program from all computer systems on
which it was stored.
Notwithstanding the foregoing, the limited warranties set forth in this Section shall not apply to any nonconformance (i) that Ericom cannot recreate after exercising commercially reasonable efforts to do so; (ii) causedby misuse of the applicable Software or by using the Software in a manner that is inconsistent with the Agreement;or (iii) arising from Software modifications by, or on behalf of, anyone other than Ericom.
OTHER THAN THE FOREGOING LIMITED WARRANTY AND FOR ANY WARRANTY WHICH MAY
NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE PROGRAM AND ALL SUPPORTSERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF
ANY KIND, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE. ERICOMAND ITS THIRD-PARTY LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT ERICOM, ITS DEALERS, DISTRIBUTORS,AGENTS, OR EMPLOYEES MAY PROVIDE SHALL CREATE A WARRANTY OR IN ANY WAY

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INCREASE THE SCOPE OF THE FOREGOING LIMITED WARRANTY, AND LICENSEE MAY NOTRELY ON ANY SUCH INFORMATION OR ADVICE.
LICENSEE ACKNOWLEDGES THAT ERICOM DOES NOT WARRANT THAT (i) THE SOFTWARE WILLMEET LICENSEE’S REQUIREMENTS, (ii) THE PROGRAM DOES NOT INFRINGE ANY THIRDPARTY’S INTELLECTUAL PROPERTY RIGHTS, (iii) THE SOFTWARE WILL OPERATE INCOMBINATIONS OTHER THAN AS SPECIFIED IN ERICOM’S DOCUMENTATION, (iv) THE
SOFTWARE’S OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORSWILL BE CORRECTED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (v) THE
SOFTWARE WILL PROTECT AGAINST ALL SECURITY THREATS, INTERNET THREATS, OR OTHER
THREATS OR INTERRUPTIONS, AND (vi) THE SOFTWARE’S FEATURES, CATEGORIES, AND
FUNCTIONALITIES WILL BE AVAILABLE AT ALL TIMES IN THE FUTURE.
11. LIMITATION OF LIABILITY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF
THE PROGRAM IS ASSUMED BY LICENSEE TO THE GREATEST EXTENT PERMISSIBLE BY
APPLICABLE LAW. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT(INCLUDING STRICT LIABILITY OR NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ERICOM,ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO LICENSEE, ANY USER, OR ANYOTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE, OR PROFIT, LOST OR DAMAGED
DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, IN ANY
CONNECTION WITH THE AGREEMENT, THE PROGRAM, SUPPORT SERVICES, OR PROFESSIONALSERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGESARE FORESEEABLE. THE MAXIMUM AGGREGATE LIABILITY OF ERICOM AND ITS AGENTS,
REPRESENTATIVES, AND LICENSORS IN ANY CONNECTION WITH THE AGREEMENT, THE
PROGRAM, SUPPORT SERVICES, OR PROFESSIONAL SERVICES, WHETHER IN TORT (INCLUDING
STRICT LIABILITY AND NEGLIGENCE), CONTRACT, OR OTHERWISE SHALL NOT EXCEED THE
FEES PAID BY LICENSEE WITH RESPECT TO THE ITEM THAT IS THE SUBJECT OF THE CLAIM
WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF SUCH
CLAIM, IF ANY. THIS LIMITATION DOES NOT APPLY IN THE CASE OF PERSONAL INJURY OR
DEATH, IF AND TO THE EXTENT REQUIRED BY APPLICABLE LAW. ERICOM EXPRESSLYDISCLAIMS ANY AND ALL LIABILITY TO LICENSEE’S CLIENTS AND USERS, AND TO ANY OTHER
THIRD PARTY. ERICOM’S SUBSIDIARIES AND SUPPLIERS SHALL BE BENEFICIARIES OF THIS
LIMITATION OF LIABILITY SECTION; OTHERWISE, NO THIRD PARTY BENEFICIARIES EXISTUNDER THE AGREEMENT.
ERICOM HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE
DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH IN THISAGREEMENT. THE DISCLAIMERS AND LIMITATIONS REFLECT AN ALLOCATION OF RISKBETWEEN THE PARTIES, AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THEM.
12. TERMINATION. Ericom may terminate the Agreement and the License if Licensee breaches the Agreement or
fails to pay the designated fee for the Program licensed. Upon expiration or termination of the Agreement for any
reason, Licensee’s right to use the Program will stop immediately and Ericom may terminate Licensee’s ability
to use the Software, and Licensee shall return all copies of the Program to the place of purchase, return the originalLicense Certificate, if received by Licensee, and/or permanently delete all copies of the Program from Licensee’s
servers, computers, and/or other devices.
Any provision of the Agreement that needs to survive the termination or expiration of the Agreement to fulfill the
purposes of such provision shall be deemed to survive for as long as necessary to fulfill such purposes.
13. GOVERNING LAW/JURISDICTION AND ARBITRATION. The Agreement will be governed by andconstrued in accordance with the laws of the State of New Jersey, without regard to its conflicts of laws principles
and specifically will not be governed by the United Nations Convention on Contracts for the International Saleof Goods, or the Uniform Computer Information Transactions Act (UCITA). Any cause of action or claim ofLicensee with respect to the Program or otherwise under the Agreement must be commenced within one (1) year
after such claim or cause of action arises, or shall be deemed waived. If Licensee purchased the Software in any
territory specified on Schedule B (the “Local Territory”), the applicable Local Territory provisions set forth in
Schedule B (the “Local Provisions”) shall apply with respect to any licenses purchased in such Local Territory.
To the extent any Local Provision conflicts with any other term or condition in the Agreement, the Local Provision
will supersede such other term or condition with respect to any licenses purchased in the Local Territory.
Except with respect to the protection and enforcement of Ericom’s (and its third party licensors’) intellectual
property rights and its rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action orPage 7 of 7
proceeding arising out of or relating to the Agreement or the Program shall be resolved by mandatory, binding
arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association("AAA"). Any such claim, cause of action or proceeding shall be arbitrated on an individual basis and without
resort to any form of class action. The arbitration shall be conducted in Newark, New Jersey, and the Federal
Arbitration Act, and not any state law concerning arbitration, shall apply.
14. EXPORT CONTROL. Licensee acknowledges that the Software contains cryptographic features and is subject
to international and local country laws governing import, export, distribution, and use. The Software is subject toexport control laws of the United States of America and the State of Israel and may be subject to additional export
control laws applicable to Licensee. Licensee agrees not to export, re-export, or otherwise distribute the Software
to any prohibited destination country under the EAR, U.S. and/or Israeli sanctions regulations (currently Iran,
Lebanon, Syria, North Korea, Sudan, and Cuba) or in contravention of any applicable export controls andLicensee shall not authorize or permit any third party to do any of the foregoing. Licensee represents and warrantsthat it is not located in any of the countries mentioned in this Section. Licensee may not download or otherwise
export the Software to individuals or entities listed on the U.S. government’s Denied/Restricted Parties List
without first obtaining a license.
15. U.S. GOVERNMENT END USERS. The Program is deemed to be “Commercial Items,” as defined at 48 C.F.R.
§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,”as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7207, as applicable. Consistent with such sections,the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to
U.S. Government end users (i) only as Commercial Items, and (ii) with only those rights as are granted to all otherend users pursuant to the Agreement.
16. GENERAL. Ericom shall not be responsible for delays or failure of performance resulting from causes beyond
its reasonable control. The English version of the Agreement shall be the version used when interpreting or
construing the Agreement. If any provision of the Agreement are determined to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions of the Agreement will not in
any way be affected or impaired thereby. Licensee may not assign the Agreement to any third party, in whole orin part, without Ericom’s prior written agreement. Ericom may assign the Agreement to a purchaser ofsubstantially all the assets or equity of Ericom’s business unit responsible for the performance of the Agreement.
17. ENTIRE AGREEMENT. The Agreement is the complete and exclusive agreement between Licensee andEricom relating to the Program, the Support Services and Professional Services and supersedes any previous orcontemporaneous oral or written communications, proposals, and representations with respect to its subject
matter. This End User License Agreement also applies to all future transactions related to the Program between
Ericom and Licensee, even without further explicit reference from Ericom, unless superseded by a later end user
license agreement provided by Ericom and accepted by Licensee. Ericom may modify the terms of this End User
License Agreement upon notice to Licensee (“Agreement Modifications”), which shall apply to purchases(including renewals) made and services performed after the effective date of the Agreement Modifications. The
Agreement Modifications will either be posted online at www.ericom.com/legal/repository/eulas (or successor
URL) and/or notified to you via email. In any case, we encourage you to regularly check the latest version of the
End User License Agreement, which can be found here: www.ericom.com/legal/repository/eulas (or successor
URL). The Agreement Modifications will also take effect with respect to existing Programs ten (10) days after
notice provided that if Licensee does not agree with any such Agreement Modifications, Licensee’s sole remedy
shall be to terminate the Agreement by sending written notice of termination to Ericom during such ten (10) day
period. The Agreement prevails over any conflicting or additional terms of any purchase order, ordering
document, acknowledgement, or confirmation or other document that Licensee might issue, even if signed andreturned. Subject to the foregoing, no waiver, alteration, or modification of the provisions of the Agreement will
be valid unless made in writing and signed by an Ericom corporate officer.
September 23, 2020
For prior versions: www.ericom.com/legal/repository/eulas

Schedule A
Ericom Software License Types
License Types:
1) “Named User License” is a right to use the Software by a limited number of individual end users as
designated in the License Certificate, each as specifically named in the Software.
2) “Concurrent User License” is a right to use the Software by a limited number, as designated in the
License Certificate, of (a) Single User Devices and (b) end users of each Multi-User Device, concurrently
utilizing the Software at any given time.
3) “Concurrent Session License” is a right to open a limited number of active browser tabs (as designatedin the License Certificate) that access the Software by all Licensee users in the aggregate.
4) “User Device License” is a right to use the Software on a limited number of Single User Devices (asdefined below) as designated in the License Certificate.
5) “Server Device License” is a right to use the Software on a Multi-User Device (as defined below) to beaccessed by a limited number of end users as designated in the License Certificate. The aggregate numberof Licensee users that may access or otherwise utilize the services or functionality of the Software may
not exceed the number designated in the License Certificate.
6) “Device License” is a right to use the Software by a limited number of (a) Single User Devices and (b)end users of each Multi-User Device, in the aggregate, as designated in the License Certificate.
7) “Server Session License” is the right to use the Software by the number of Host Sessions open at any
given time as designated in the License Certificate. “Host Session” means a connection from a Device(as defined below) to a central system using the Program.
8) As otherwise set forth in the License Certificate.
Notwithstanding the foregoing, if Licensee is granted a Device License or Named User License (asidentified in the License Certificate), the allocation and identification of the individual Device or theindividual end user will be retained for a minimum of 30 days from the last use of the Software before theallocation and identification of such Device or end user, as the case may be, can be moved or transferred toa different, separate, and unique Device/end user. Additionally, Named User accounts are individualized andmay not be shared or used by anyone other than the Licensee employee or User to whom the Named User
account is assigned. The identification of Named Users must be unique to an individual and may not be of ageneric nature.
“Device” means hardware that receives, processes, and presents information, including, but not limited to,
a computer, workstation, terminal, tablet, handheld PC, Personal Digital Assistant, "smart phone," orterminal server.
“Single User Device” means a Device to be utilized by a single interactive user at any given time.
“Multi-User Device” means a Device to be utilized by more than a single interactive user at any given time.
Schedule B
Local Provision
Australia:
1. Limited Software Warranty (Section 10): The following is added: The warranties specified in this Section
are in addition to any rights you may have under the Trade Practices Act 1974 or other legislation and are only
limited to the extent permitted by the applicable legislation.
2. Limitation of Liability (Section 11): The following is added: To the extent permitted by law, where Ericom
is in breach of a condition or warranty implied by the Trade Practices Act 1974 or the equivalent State or
Territory legislation which cannot be excluded, Ericom’s liability is limited, at Ericom’s sole election: (a) incase of the Software: (i) to repair or replace the goods, or the supply of equivalent goods, or (ii) payment of thecost of such repair or replacement or of acquiring equivalent goods; and (b) in case of Support Services orProfessional Services: (i) re-supply of the applicable services; or (ii) the cost of having the services suppliedagain. In calculating Ericom’s aggregate liability under the Agreement, the amounts paid or the value of any
goods or services Ericom replaced, repaired, or supplied pursuant to this paragraph shall be included.
Belgium and France:
Limitation of Liability (Section 11): The following replaces the terms of this section in its entirety: Except asotherwise provided by mandatory law: Ericom’s liability for any damages and losses that may arise as a resultof the performance of its obligations in connection with the Agreement is limited to the compensation of only
those damages and losses proved and actually arising as an immediate and direct consequence of the nonfulfillment of such obligations (if Ericom is at fault), for a maximum amount equal to the charges Licensee paid
for the Software that has caused the damages. This limitation shall not apply to damages for bodily injuries(including death) and damages to real property and tangible personal property for which Ericom is legally liable.
UNDER NO CIRCUMSTANCES IS ERICOM, OR ANY OF ITS SOFTWARE DEVELOPERS, LIABLE FORANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE
TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE
EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS. The limitation and exclusion of liability herein agreed applies not only to theactivities performed by Ericom but also to the activities performed by its suppliers and Software developers, andrepresents the maximum amount for which Ericom as well as its suppliers and Software developers, arecollectively responsible.
Germany and Austria:
1. Limited Software Warranty (Section 10). The properly licensed Software will perform substantially as
described in any Ericom documentation that accompany the Software. However, Ericom gives no contractual
guarantee in relation to the licensed Software.
2. Limitation of Liability (Section 11). In case of intentional conduct, gross negligence, claims based on the
Product Liability Act, as well as, in case of death or personal or physical injury, Ericom is liable according to thestatutory law.
3. Subject to the preceding sentence, Ericom will only be liable for slight negligence if Ericom is in breach ofsuch material contractual obligations, the fulfillment of which facilitate the due performance of the Agreement,
the breach of which would endanger the purpose of the Agreement and the compliance with which a party may
constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Ericom will not be liable
for slight negligence.
Italy:
Limitation of Liability (Section 11). Apart from damages arising out of gross negligence or willful misconduct
for which Ericom may not limit its liability, Ericom’s liability for direct and indirect damages related to theoriginal or further defects of the Software, or related to the use or the nonuse of the Software or related to any
case whatsoever for breach of the Agreement, shall be limited to the fees paid by you for the Software or for thepart of the Software upon which the damages were based.
United Kingdom:
Governing Law/Jurisdiction And Arbitration (Section 13): The following replaces the first sentence of thissection: The Agreement is governed by the laws of England and Wales, without reference to conflict of laws
provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any
amendments thereto.