VERSA SECURE Private ACCESS (VSPA) AND/OR Versa Secure Internet Access (VSIA) AND/OR
Versa Secure Access Fabric (VSAF) END USER SUBSCRIPTION SERVICES AGREEMENT
This End User Subscription Services Agreement ("Agreement") governs Your rights and duties withrespect to the Versa Secure Private Access (VSPA) and/or Versa Secure Internet Access (VSIA), and/or
Versa Secure Access Fabric (VSAF) cloud delivered solutions by Versa Networks. Capitalized terms usedin this Agreement are defined in Section 25 (Definitions). The terms “Customer,” “You,” “Your,” and “Yours”
refer to you, the end customer and user of the Products, whether obtained directly from Versa or throughone of our authorized channel partners.
1.

Services Grant.
a. When You purchase or rightfully receive rights to Versa Secure Private Access (VSPA) and/or
Versa Secure Internet Access (VSIA), and/or Versa Secure Access Fabric (VSAF) cloud delivered
solutions by Versa Networks, Versa grants You a worldwide, non-exclusive, non-transferrable
right to install and use that Service for the term you have purchased for.
b. Your use of Versa Secure Private Access and/or Versa Secure Internet Access and/or Versa
Secure Access Fabric, as well as any components of the solution, may not exceed the scope orquantity You have purchased,c. You may install and use Versa Client APP (part of Versa SASE solution) on any device that
supports it.
d. You are also granted a worldwide, non-exclusive, non-transferrable right to use eligible Versa
Cloud Gateways (VCGs) that are deployed globally with Versa Operating System™ (VOS™) as
part of the Versa SASE solution.

2.

Services Model.
a. Services Model. Versa Secure Private Access (VSPA), Versa Secure Internet Access (VSIA)
and Versa Secure Access Fabric (VSAF) are offered as a subscription with various License Tiers
and is equipped with programmatic usage enforcement. It is Your responsibility to purchase theServices Tier that meets Your needs. The Service is licensed for a number of authorized users orfor bandwidth per Region. (“Authorized User”) is defined as a specific named individual user who
is authorized to access the Service. For services licensed on a per Authorized User basis, theauthorization is not sharable between more than one named individual. For users authenticatedon the gateway, every unique user connected to the Gateway is counted against the authorizeduser licenses subscribed by the customer. For any traffic for which user authentication is notenabled on the Gateway, a unique user count of 3000 IP sessions per day shall be consideredone (1) Authorized User. Versa reserves the right to monitor the unique user count and enforce
strict policing. When licensed on bandwidth per region basis, the bandwidth is calculated on perregion for all users connected in the region.
b. Fair Usage Policy: Versa SASE service is a cloud-based service which can scale up anddown based on user requirement. However, in order to avoid misuse of the infrastructure, Versa
has installed protections. Versa monitors the subscription usage against the industry standard
guidelines. If Versa identifies that a customer is exceeding the industry standard guidelines by asignificant margin, Versa reserves the right to renegotiate the contract. The table below lists
maximum usage in terms of data transfer allocated per unit (User or Mbps) averaged over thesubscribed capacity.

SASE Subscription Service

Versa Secure Internet Access (VSIA)
Versa Secure Private Access (VSPA)
Versa Secure Internet Access/Versa Secure
Private Access Bundle (VSPIA)
Versa Secure Access Fabric (VSAF)

Fair Usage Volume
10 GB per user per month
5GB per user per month
15 GB per user per month
15 GB per Mbps of VSAF per monthIf the customer and Versa cannot come to a mutually agreeable solution, Versa reserves theright to terminate the customer. Versa credit shall be provided for the pro-rated subscription fee
for the remaining subscription duration.
3. Term of Service
a. Subscription. Unless Your commercial agreement (Enterprise Services Agreement (ESA) or
Master Services Agreement (MSA)) states otherwise, the term of the Subscription Service will be
12, 36 or 60 months, as per the term referenced Your Purchase Order. The term of Your
Subscription Service is subject to the actions and status as defined in Section 5: Certain
Restrictions, Limitations and Prohibitions. (Subscription Service).
b. Start Date. Unless Your commercial agreement (ESA or MSA) states otherwise, Your
Subscription Start Date will be ninety (90) days from the date of Your Purchase Order.
c. Renewals. All subscriptions must be renewed to remain in effect. Unless otherwise agreed
ninety (90) days prior to the end of the term all subscriptions will automatically be renewed andinvoiced for one year.
d. Terminate: If You opt not to renew, Your subscription(s) will terminate at the end of the term.
See the Section 7. Termination for more information.
e. Modify: The Subscription Service may be upgraded during the term to a higher tier. A Modify
action results in termination of the existing Service and subsequent start of a new Subscription
License, which will co-terminate with all existing subscriptions.
4. Support Services
a. Your VSPA and/or VSIA and/or VSAF subscription entitles you to technical support (phone orweb). If You have purchased these services through a Versa authorized reseller or partner, thenthey are your first line of support.
b. Updates. Your Subscription entitles you to software updates that are made available by Versa
or authorized partners. These updates will be implemented as part of Versa’s ongoing service.
5. Certain Subscription Restrictions, Limitations and Prohibitions. Notwithstanding any other term of
this Agreement, this Section applies to all varieties of Services, whether Subscription, Special Purpose orotherwise that are used for these delivered VSPA, VSIA and VSAF services:a. No Rights or Licenses Implied. Rights in the Services not expressly granted in this Agreement
shall not arise by implication or otherwise.
b. Approved Source. You shall have no right in the Services unless You rightfully received theSoftware from an Approved Source.
c. No Subletting or Assignment. You may not sublet, transfer, or assign, whether voluntarily or by
operation of law, any right in or to the Software or under any Proof of Entitlement. Any attemptedsublet, transfer or assignment shall be void. If You are a party to a transaction (or related seriesof transactions) involving a merger, consolidation, or other corporate reorganization (collectively,a "Restructure") where You do not survive the transaction(s), the transaction(s) shall also bedeemed a prohibited transfer.
d. You are Sole Subscription Services Holder. No rights in the Services or any Support Services
shall arise under this Agreement in favor of anyone other than You.
e. Separately Licensable Software. The software image that is used for the Services that You
subscribe to from Versa or its “Approved Sources” might also include additional unlicensedfeatures or functionality that You may not use unless You purchase a separate license at anadditional fee. Features and functionality are not included in your subscription to the revision of
the Service you have subscribed to unless a feature description for that version of the Service
identifies those features and functionality as being included in a specific Tier Option.
f. Restrictions on access or use. You shall not allow any third-party access to services, content or
resources that are generated, managed, distributed, provisioned, billed, or enabled by theService.

g. Other Use Restrictions and Prohibitions. Versa uses our Versa Operating System™ (VOS™)
Software, Versa Client along with other components to deliver these services. You shall not,directly or indirectly decompile, disassemble, or reverse engineer the Software or modify,
unbundle, or create derivative works based on the Software, except as expressly permitted byapplicable law without the possibility of contractual waiver. If the law requires Versa to provide
interface information to You to adapt the Software, Versa, at its option, may either (A) provide theinformation to You subject to Your acceptance of non-disclosure and use limitation terms that
Versa reasonably requires, or (B) perform that adaptation itself at a reasonable charge forservices. Detach or separate any libraries, files, modules or other components embedded withina Software product or within a particular software image you have received even if any suchlibrary, file, module or other component is separately licensable, or use any such modules, files orother components separately from the Software product or software image in which it isembedded (except to the extent that a documented feature of the Software product is
implemented by doing so); Furnish any copy of the Software or other means of access to theSoftware to any third party other than to Your contractor(s) solely for Your benefit in performing its
contract services for You and in that case only if that contractor has agreed to adhere to the termsof this Agreement. If You do furnish Software or access to Software to Your contractor(s), Youshall remain fully and primarily responsible to Versa for compliance with all provisions of thisAgreement; Remove (or, if the license includes the right to make copies of the Software, fail to
include in those copies) any readme files notices, disclaimers, marks and labels included in the
Software as delivered by Versa; or Use or allow use of the Software in violation of any applicablelaw or regulation or to support or facilitate any illegal activity.
6. Subscription Services Contract fees & Taxes.
a. Fees. All fees are due and payable upon invoice.
b. Taxes. All prices and fees payable in respect of any subscription service to the Software(including any Subscription) or any Support Contract entered into with Versa or Versa AuthorizedPartner are exclusive of tax, unless it is stated otherwise in the contract between You and the
Versa Authorized Partner. You shall be responsible for paying taxes arising from the delivery ofServices (including any Subscription) or purchase of Support Services. If applicable, valid
exemption documentation for each taxing jurisdiction shall be provided to Versa prior to invoicing,and You shall promptly notify Versa or Versa Authorized Partner if Your exemption is revoked or
modified. All payments that You make shall be net of any applicable withholding tax. You will
provide reasonable assistance to Versa or Versa Authorized Partner in connection with suchwithholding taxes by promptly providing Versa with valid tax receipts and other required
documentation showing Your payment of any withholding taxes; completing appropriate
applications that could reduce the amount of withholding tax to be paid; applying for reduced tax
rates; and notifying and assisting Versa or Versa Authorized Partner in any audit or tax
proceeding related to transactions hereunder. You shall comply with all applicable tax laws andregulations, and You will promptly pay or reimburse Versa or Versa Authorized Partner for all
costs and damages related to any liability incurred by Versa as a result of Your noncompliance ordelay with its responsibilities herein. Neither party shall be liable for taxes or assessments on theother party's net income, gross income, capital, net worth, franchise, privilege, property, or any
similar taxes or assessments. Your obligations under this Section shall survive termination or
expiration of this Agreement.
7. Termination.
a. Early Termination for Breach. If at any time You
i. fail to make timely payment of any applicable fees due in respect of Service or Support
Services, orii. use the Service in excess of Your purchased License Metric units but fail timely to
notify Versa or Versa Authorized Partner of such excess use, or otherwise breach any
term of this Agreement or Your MPA, then Versa or Versa Authorized Partner may, inaddition to any other remedy to which it may be entitled, terminate Your Service and any
rights You may have to Support Services.
b. Termination for Insolvency. Either party may terminate Agreement, effective immediately upon
written notice, if the other party becomes the subject of a voluntary or involuntary petition inbankruptcy or any proceeding relating to insolvency, receivership, liquidation, or composition forthe benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty(60) days after filing.
c. Effect of Termination or Expiration. If Your subscription term expires without renewal orreinstatement or otherwise terminates, then You shall promptly destroy or return to Versa any andall copies of any Software and related documentation in Your possession or control.
d. Survival. The provisions of Sections 10 through 25 shall survive termination or expiration ofthis Agreement.
e. Early Termination. In the event of Service Termination prior to the subscription end date, theactual services Instance will continue to run until its originally planned subscription end date. If allservices are terminated, no fees will be paid back.
8. Product/Service Direction Statements & Confidential Information.
a. Versa may from time to time disclose information related to its development and plans for
future products, features or enhancements (“Product/Service Direction Statements”).
Product/Service Direction Statements are subject to change at any time, without notice. Except
as may be set forth in definitive agreements for a specific potential transaction, Versa provides noassurances, and assumes no responsibility, that future products, features or enhancements will
be introduced. Except as may be set forth in definitive agreements for a specific potential
transaction, You should not base purchasing decisions upon reliance of timeframes or specifics
outlined in Product/Service Direction Statements, because Versa may delay or never introduce
the future products, features or enhancements.
b. "Confidential Information" includes any information disclosed by one party to the other relating
to the Software or any Support Services (i) in tangible form if it is designated "Confidential" or"Proprietary"; (ii) orally, if also summarized in writing and delivered to the other party within 30
days of disclosure; or (iii) that by the nature of the information and the circumstances of thedisclosure, the receiving party should reasonably infer to be confidential or proprietary. Without
limiting the foregoing, any Product/Service Direction Statements, and any results of any
benchmarking or other testing You perform on the Software, shall be considered Versa
Confidential Information. Confidential Information does not include information that: (a) is or
becomes generally known through no fault of the receiving party, (b) is known to the receiving
party at the time of disclosure, as evidenced by its records, (c) is hereafter furnished to thereceiving party by a third party as a matter of right and without restriction on disclosure; (d) is
independently developed by the receiving party without any breach of this Agreement; or (e) isdisclosed in response to a valid order of a court or other governmental body or is otherwise
required by law to be disclosed, provided the responding party gives sufficient notice to the otherparty to enable it to take protective measures.
c. Each party will use a reasonable degree of care to maintain all Confidential Information of theother in confidence and neither will disclose to any third party nor use Confidential Information of
the other for any unauthorized purpose. Each party may only disclose Confidential Information to
those of its employees and representatives that both (i) may have a need to know for purposes ofinternal evaluation in the case of any Product/Service Direction Statements or otherwise for Your
internal purposes in configuring, installing, using, or supporting the Software and (ii) are legallybound by confidentiality obligations no less stringent than those of this Agreement. No rights orlicenses to intellectual property in Confidential Information are granted by either party under thisAgreement, whether express, implied, or otherwise.
d. All Confidential Information will be returned immediately to the disclosing party after thereceiving party's need for it has expired or upon request of the disclosing party or termination ofthis Agreement. Each party agrees that the violation of the confidentiality provisions will cause
irreparable injury to the other entitling the other party to immediate injunctive or other equitablerelief, in addition to, and not in lieu of, any other remedies such party may be entitled to.
e. Nothing in this Agreement shall prohibit or limit either party's use or disclosure of the U.S.
Federal income tax treatment and U.S. Federal income tax structure of any transaction
contemplated by this Agreement and all materials of any kind (including opinions or other tax
analyses) that are provided to it relating to such tax treatment or tax structure, except whereconfidentiality is necessary to comply with applicable federal or state securities laws.
9. Your Data. Unless Versa otherwise agrees in a signed writing, You shall not disclose or provide Versa
or Versa Authorized Partner access to any personally-identifiable information, whether in data or any
other form. You shall be solely responsible for all consequences of any such disclosure or grant ofaccess.
10. Ownership. Versa and Versa's licensors, respectively, retain exclusive ownership of all right, title,
and interest of all intellectual property in and to the Software. Nothing in this Agreement constitutes a saleor other transfer or conveyance of any right, title, or interest in the Software.
11. Limited Warranty.
a. SOFTWARE SUBCRIPTION SERVICES FOR LAB USE, EVALUATION USE OR
DEMONSTRATION USE ARE FURNISHED "AS IS" WITH ALL FAULTS AND WITHOUTWARRANTY OF ANY KIND, EXPRESS OR IMPLIED. For any other subscription services or
Software under this Agreement, Versa warrants for Your sole benefit that for a period of ninety(90) days from the commencement of the subscription term (herein, the "Warranty Period"), theSoftware delivered, shall be confirm in all material respects to Versa’s published specifications
under normal authorized use consistent with the product instructions. You may not make awarranty claim after lapse of the Warranty Period. In the event of any breach of the foregoingwarranty, Versa shall at Versa’s option (i) replace non-conforming copy with one that conforms tospecification, (ii) use commercially reasonable efforts to provide You with a remedy or procedure
to circumvent the nonconformity, (iii) refund You the License fee paid for the nonconforming copy.
Any nonconformity must be reported to Versa in written form and with supporting information
reasonably requested by Versa to enable verification, diagnosis and to correct the nonconformity.
THIS SECTION 15 STATES YOUR SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE
LIABILITY OF VERSA FOR BREACH OF ANY WARRANTY FOR ANY BREACH OF
WARRANTY BY VERSA WITH RESPECT TO VERSA SOFTWARE.
b. Restrictions: No warranty will apply if the Software (i) has been altered, except by Versa; (ii)has not been installed, operated, repaired, or maintained in accordance with documentation andinstructions supplied by Versa; (iii) has been subjected to unreasonable physical, thermal orelectrical stress, misuse, negligence, or accident, (iv) use the Software in any way prohibited byapplicable law or that would cause either party to violate applicable law including but not limitedto: (1) sending spam or other duplicative or unsolicited messages; (2) using the Software to send
infringing, obscene, threatening, libelous, or other unlawful material; (3) using the Software toaccess blocked services; or (4) uploading to the Software or using the Software to send or store
viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts,
agents or programs; (e) use the Software to run automated queries to external websites (becausesuch websites may include Versa IP addresses in their respective IP block lists) or (v) has been
licensed solely for Lab Use, Evaluation Use or Demonstration Use or if the Software is beta
software or otherwise not commercially released. In addition, neither the Software nor any
hardware system on which it may be installed is designed or intended Versa disclaims any
express or implied warranty of fitness for such uses. You are solely responsible for backing up its
programs and data to protect against loss or corruption. VERSA WARRANTY OBLIGATIONS DO
NOT INCLUDE INSTALLATION, REINSTALLATION OR SUPPORT SERVICES OF ANY KIND.
c. VERSA DISCLAIMS ANY WARRANTY, REPRESENTATION OR ASSURANCE THAT THE
SOFTWARE, OR ANY EQUIPMENT OR NETWORK RUNNING THE SOFTWARE, WILL

OPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BE FREE OF VULNERABILITYTO INTRUSION OR ATTACK.
d. Disclaimer of All Other Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION
11, TO THE EXTENT PERMITTED BY LAW VERSA DISCLAIMS ALL WARRANTIES IN AND TO
THE SOFTWARE (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE),
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT, SATISFACTORY QUALITY, NONINTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A
COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE. TO THE EXTENT AN IMPLIEDWARRANTY CANNOT BE EXCLUDED, THAT WARRANTY IS LIMITED IN DURATION TO THE
EXPRESS WARRANTY PERIOD. This disclaimer and exclusion shall apply even if the express
warranty fails of its essential purpose.
12.

Limitation of Damages.
a. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF VERSA, ITS DIRECTORS,OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS AND LICENSORS, FROM ALL CAUSESOF ACTION AND ALL THEORIES OF LIABILITY (WHETHER UNDER CONTRACT ORSTATUTE, IN TORT (INCLUDING PRODUCT LIABILITY) OR OTHERWISE), EXCEED THE
PRICE PAID TO VERSA FOR LICENSED RIGHTS TO THE SOFTWARE, FOR THE
SUBSCRIPTION OR FOR THE CONTRACT FOR SUPPORT SERVICES, WHICHEVER GAVERISE TO THE CLAIM.
b. NEITHER VERSA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA,
OR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT
OR RELATING TO THE SOFTWARE OR SERVICES PROVIDED HEREUNDER.

13. Compliance with Laws; Export Requirements. You shall comply with all applicable laws andregulations in connection with use of the Software and any Support Services. You acknowledge andagree that the Software as well as related technical data and assistance that may be furnished in thecourse of the Support Services may contain encryption or encryption technology and are all subject tolegal and regulatory controls and restrictions on export and re-export, including those of the U.S.
Department of Commerce. You warrant and represent that the Software was not furnished to You as aresult of an export or re-export or import in violation of US or other applicable laws or regulations, that You
are not on any Denied Persons list or other list published by the US Government of parties to whom
exports or re-exports of products subject to export controls are forbidden, that no Software is located in orcontrolled from a site in a Group E country (Cuba, Iran, North Korea, Syria or Sudan), and that You are
not using any Software or technology furnished hereunder or in connection with any Support Services tofurther activities in support of development, manufacture or use of nuclear fuel or weapons, missiles, or
chemical or biological weapons. You further covenant that You will immediately notify Versa if at any timethose warranties and representation become no longer accurate. Regardless of any disclosure You mightmake to Versa of an ultimate destination of the Software, You shall not export, either directly or indirectly,
any Software without first obtaining any and all necessary approvals from the U.S. Department ofCommerce or any other agency or department of the United States Government is required. You
understand and agree that Versa may without liability or breach impose certain restrictions and conditions
on Support Services in order to protect against violation of export control laws.
14. Commercial Computer Software. The Software is a "commercial item" as defined at Federal
Acquisition Regulation (48 C.F.R.) ("FAR") section 2.101 comprised of "commercial computer software"and "commercial computer software documentation" as those terms are used in FAR 12.212.
Consequently, regardless of whether You are the US Government or a department or agency thereof, Youshall acquire only those rights with respect to the Software that are set forth in this Agreement and Your
Proof of Entitlement.
15. Third Party Software. Any licensor of Versa Software services whose software is embedded in the
Software shall be a third party beneficiary with respect to this Agreement, and that licensor shall have theright to enforce this Agreement in its own name as if it were Versa. In addition, certain third party software
may be provided with the Software and is subject to the accompanying license(s), if any, of its respective
owner(s). To the extent portions of the Software are distributed under and subject to open source licenses
obligating Versa to make the source code for those portions publicly available (such as the GNU General
Public License ("GPL") or the GNU Lesser General Public License ("LGPL")), Versa will make thosesource code portions (including Versa modifications, as appropriate) available upon request for a periodof up to three years from the date of distribution. You may obtain a copy of the GPL at
http://www.gnu.org/licenses/gpl.html, and a copy of the LGPL at http://www.gnu.org/licenses/gpl.html, anda copy of the LGPL at http://www.gnu.org/licenses/lgpl.html. Open source information and information on
contacting Versa can be found at http://www.versa-networks.com /support.
16. Governing Law. This Agreement (including all documents incorporated herein) and the terms of any
Support Contract with Versa, shall be governed by the laws of the State of California (without reference toits conflicts of laws principles). The provisions of the U.N. Convention for the International Sale of Goods
shall not apply. The provisions of the Uniform Computer Information Transactions Act shall not apply. For
any disputes arising under this Agreement or any Support Contract that You may have with Versa, theParties hereby consent to the personal and exclusive jurisdiction of, and venue in the courts of the stateof California (and the US District Court for the district of Northern California).
17. Force Majeure. Except for Your duty to make payment for Software or Services, and except for Your
unauthorized installation or use of Software, neither party will be responsible for any failure or delay in its
performance due to causes beyond its reasonable control, including, but not limited to, acts of God, war,riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or fuelcrises ("Force Majeure"), provided that the party gives prompt written notice thereof to the other party anduses its diligent efforts to resume performance. Either party shall be entitled to terminate this Agreement if
the Force Majeure event continues for a period of one month.
18. Applicability of This Agreement.
a. Separate Signed Agreements. If You and an authorized representative of Versa have signed avalid separate written agreement governing Your use of any or all Software licensed from Versa,
then with respect to that Software that signed agreement will take precedence over any
inconsistent terms of this Agreement.
b. Transition Rules. If You licensed any Software from Versa under a different End User License
Agreement or a separate signed agreement, then this Agreement shall apply to that Software if
and when, following posting of this Agreement at To be updated, You either purchase additional
Subscription Metric units for the Software, renew the subscription at the end of the Subscription
Term, or purchase new Service Grants.
19. Complete Agreement & Modifications. This Agreement together with the applicable SSA,
constitutes the entire agreement between the parties regarding its subject matter and supersedes all prioragreements, commitments or representations, oral or written related to the Software and Support &Services. The terms and conditions of this Agreement will supersede all pre-printed terms and conditions
contained on any purchase order, task order or other business form submitted by either party to the other.
Except as otherwise provided in subsection 19.a below, this Agreement may not be amended or modified
except by a writing executed by the duly authorized representatives of both parties.
a. Future Modifications. Versa may at any time post on its website (or that of its affiliates) modifications orrestatements of this Agreement, SSA, EOL/EOS Policies or any other policy or guideline referenced inthis Agreement or the SSA. Any such modification shall govern the terms of Your license for any
extension or renewal term (either purchase additional Subscription Metric units for the Software, renew
the subscription at the end of the Subscription Term, or purchase new Service Grants) of the subscription(or of any Subscription or Support Contract, as applicable), but only if that extension or renewal term orreinstatement period starts after posting of the modification. (See also section 4.b above, regarding
application of modifications of this Agreement to Updates.)
20. Severability. If any portion of this Agreement is held invalid, the Parties agree that such invalidity
shall not affect the validity of the remainder of this Agreement.

21. Notification.
a) General: Except as otherwise provided elsewhere in this Agreement, any report or noticeunder this Agreement shall be given in writing, Versa by email or by mail or courier to 2550 Great
America Way , Suite 350, Santa Clara, CA 95054 USA attn.: EULA Notices provided that thenotice identifies You by name, address and email address; or, if to You, by email to Your contact
email address (or by mail addressed to Your street address that is associated with Your user
account for access to Versa Customer Support at http://www.versanetworks.com/support. If You
have no such user account, then notification shall be deemed given to You by emailing or sendingby mail or courier notice to any office or contact email address for the Authorized Source fromwhich You acquired Your subscription.
b) HIPAA: Should Versa enter into a Business Associate Agreement (“BAA”) while providing thesubscription service, Versa will comply with The HIPAA Breach Notification Rule, 45 CFR §§164.400414, requiring HIPAA covered entities and their business associates to provide
notification following a breach of unsecured protected health information. Specifically, Versa willassist you in providing notice to next of kin regarding a breach of personal data involving youremployees who have used the subscription service and are now deceased.
22. Waiver. The failure of Versa or Versa Authorized Partner to require Your performance of any
provision of this Agreement shall not affect Versa's full right to require such performance at any time
thereafter; nor shall its waiver of a breach of any provision hereof be taken to be a waiver of the provisionitself.
23. Translations. Translations of this Agreement may appear at
http://www.versanetworks.com/support/docs/eula.html. To the extent of any inconsistency between the
English version of this Agreement and any non-English version the English version shall govern.
24. Versa Networks position in China:
Versa Networks uses standard carrier connectivity to exit China and any Great Firewall (GFW) or
regulatory restrictions would be imposed on the traffic by the carriers utilized by Versa Networks. Versa
Networks does not generate or serve content in mainland China or offer additional encryption services.
Due to the unpredictable nature of China’s domestic internet and international connectivity through theGreat Firewall, user experience may vary from site to site or even by time of day. As with any jurisdiction,
it is the ultimate responsibility of You to ensure the compliance with local regulations when using Versa
Networks Secure Web Gateway services.
25. Definitions. The following definition apply to capitalized terms used this Agreement:o "MPA" means Your Master Purchase Agreement with Versa, if applicable.
O “Region” refers to a particular Point of Presence where Versa offers VSPA, VSIA and/or VSAF
services.