BITDAM END USER AGREEMENT By signing this end user agreement (“Agreement”), or clicking “I agree”, “Accept” or other similar buttons, or by installing, accessing and/or using Bitdam’s proprietary security scanning and monitoring software and any related documentation (“Software”), you expressly acknowledge and agree that you, or the company you represent, (“you” or “Licensee”) are entering into a legal agreement with Bitdam Ltd. (“Bitdam”), and have understood and agreed to comply with, and be legally bound by, the terms and conditions of this Agreement. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. 1. License to the Software. Subject to the terms and conditions of this Agreement, Bitdam hereby grants you a limited, non-exclusive, non-assignable, non-transferable, and non-sublicensable license, during the Term, to download, install, access and use (as applicable) the Software for your internal business use only (the “License”). 2. License Restrictions. Except to the extent expressly permitted in this Agreement, Licensee agrees and undertakes not to: (a) copy the Software; (b) sell, assign, lease, lend, rent, sublicense, or make the Software available to any unauthorized third party, or otherwise use the Software to operate in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, and interfaces) of the Software; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Software; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Software (such as usage monitoring features); (f) make a derivative work of the Software, or use the Software to develop any service or product that is the same as (or substantially similar to) the Software; and/or (g) publish or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Software. Licensee represents and warrants that it owns or has obtained the necessary rights, permissions and/or waivers, to install, use access, monitor and inspect the Software. You acknowledge that the foregoing license may be further subject to your compliance with additional use restrictions and/or limitations specified in your purchase order. 3. Account and License Key. If you use the Software on a SaaS basis, the Software is available or located on Bitdam's servers through the Internet and in order to use the Software you must enter the license activation code provided to you by BitDam which enables the software to operate. 4. Third Party Software. The Software may include certain open source code software and materials (as shall be listed in the documentation of the Software) (“Open Source Software”) that are subject to their respective open source licenses (“Open Source Licenses”). The respective Open Source Licenses are available within the Software's notice file and/or Software documentation, as may be amended from time to time by Bitdam, at its sole discretion. In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail with regard to such Open Source Software. 5. Confidentiality. Licensee agrees to keep confidential and to use only for purposes of performing or as otherwise permitted under this Agreement, any Bitdam proprietary or confidential information disclosed to Licensee pursuant to this Agreement which is marked as confidential or is identified at the time of disclosure as confidential or which would reasonably be considered confidential or proprietary in nature. The obligation of confidentiality shall not apply to information which is publicly available through authorized disclosure, is rightfully known by Licensee prior to the time of disclosure as evidenced in writing, is rightfully obtained from a third party who has the right to disclose it, or which is required by law, government order or request to be disclosed (provided that Licensee shall give written notice to Bitdam of such disclosure and an opportunity, at Bitdam’s expense, to resist or restrain the scope of such request). Upon any termination of this Agreement, Licensee shall return to Bitdam, to the extent Bitdam may require, all Bitdam confidential information, and all copies thereof, in Licensee's possession, custody or control unless otherwise expressly provided in this Agreement. 6. Ownership. Licensee acknowledges that Bitdam is, and shall remain, the sole and exclusive owner of any intellectual property rights in and to the Software and all its copies (as well as any modifications or improvements thereto). Bitdam reserves all rights not expressly granted herein. If Bitdam receives any feedback regarding the Software or any services provided in connection with this Agreement (collectively, “Feedback”), all rights, including intellectual property rights in such Feedback shall belong exclusively to Bitdam and shall be considered Bitdam’s Confidential Information, and Licensee hereby irrevocably and unconditionally transfers and assigns to Bitdam any rights it may in such Feedback and waives (and to the extent waiver is prohibited by law, covenants never to assert) any and all moral rights that Licensee may have in respect thereto. Bitdam may collect, use and publish any anonymous information which is derived from the use of the Software (i.e., metadata, aggregated and/or analytics information) which is not personally identifiable information and/or (“Anonymous Information”). Any Anonymous Information, may be used by Bitdam for providing the Service, for development, and/or for statistical purposes. Such Analytics Information is Bitdam's exclusive property. 7. Indemnification. Bitdam agrees to defend, at its expense, any third party action or suit brought against Licensee alleging that the Software, when used as permitted under this Agreement, infringes intellectual property rights of a third party (“IP Infringement Claim”); and Bitdam will pay any damages awarded in a final judgment against Licensee that are attributable to any such claim, provided that (i) Licensee promptly notifies Bitdam in writing of such claim; and (ii) Licensee grants Bitdam the sole authority to handle the defense or settlement of any such claim and provides Bitdam with all reasonable information and assistance, at Bitdam's expense. Bitdam will not be bound by any settlement that Licensee enters into without Bitdam's prior written consent. If the Software becomes, or in Bitdam's opinion is likely to become, the subject of an IP Infringement Claim, then Bitdam may, at its sole discretion: (a) procure for the Licensee the right to continue using the Software; (b) replace or modify the Software to avoid the IP Infringement Claim; or (c) if options (a) and (b) cannot be accomplished despite the Bitdam's reasonable efforts, then Bitdam may terminate this Agreement and in such event accept return of the affected Software and provide a refund for any amount pre-paid by Licensee for such returned Software for the remaining unused period of the license. Bitdam shall have no responsibility for IP Infringement Claims resulting from or based on: (i) modifications to the Software made by a party other than Bitdam or its designee; (ii) Licensee's failure to implement software updates provided by Bitdam specifically to avoid infringement; or (iii) combination or use of the Software with equipment, devices or software not supplied by Bitdam or not in accordance with the documentation. This Section states Bitdam's entire liability, for claims or alleged or actual infringement. 8. Disclaimer of Warranties. THE SOFTWARE AND ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMER. 9. LIMITATION OF LIABILITY. IN NO EVENT WILL BITDAM OR BITDAM AFFILIATE BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT FOR: (A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS AND/ OR REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY). THE COMBINED CUMULATIVE LIABILITY OF BITDAM UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT WILL NOT EXCEED THE LICENSE FEES ACTUALLY PAID BY LICENSEE TO BITDAM UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 10. Term and Termination. Unless terminated earlier in accordance with the terms of this Agreement, this Agreement and the License granted herein is effective for the duration of the term set forth in your purchase order (which shall be on annual subscription based model), as may be the case. Bitdam reserves the right, at any time, to discontinue and/or terminate this Agreement and Licensee’s access to, and use of, the Software due to Licensee's breach of this Agreement. Upon termination of this Agreement, Licensee shall (i) cease all use of the Software; and (ii) delete and uninstall (as applicable) all copies of the Software or other digital materials provided by Bitdam or Reseller which are in Licensee's possession or control. Any provision which by its nature is intended to survive termination or expiration of this Agreement shall survive termination of this Agreement. 11. Miscellaneous. This Agreement, including any exhibits attached or referred hereto, represents the complete agreement concerning the subject matter hereof and may be amended only by a written agreement executed by both Parties. The failure of either Party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Customer but may be assigned by Bitam without restriction or notification. This Agreement shall be governed by and construed under the laws of the State of Israel, without reference to principles and laws relating to the conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Bitdam will not be liable for any delay or failure to provide the Software resulting from circumstances or causes beyond the reasonable control of the Bitdam. This Agreement may be executed in two (2) counterparts, each of which will constitute an original, and both of which will constitute one and the same instrument. Signatures by facsimile or signatures which have been scanned and transmitted by electronic mail shall be deemed valid and binding for all purposes. IN WITNESS HEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective as of now.