VERITAS SOFTWARE LICENSE AGREEMENT BY INSTALLING, ACCESSING OR USING THE LICENSED SOFTWARE IN THE CLOUD SERVICE PROVIDER ENVIRONMENT: (1) FOR EVALUATION PURPOSES, YOU ACCEPT ALL OF THE TERMS OF SECTION A: EVALUATION SOFTWARE LICENSE AGREEMENT TERMS AND THE PRODUCT USE RIGHTS SUPPLEMENT (AS DEFINED BELOW) (COLLECTIVELY, THE “EVALUATION AGREEMENT”), OR (2) UNDER THE BRING YOUR OWN LICENSE MODEL, YOU ACCEPT ALL OF THE TERMS OF SECTION B: SUPPLEMENTAL BRING YOUR OWN LICENSE TERMS (THE “SUPPLEMENTAL TERMS”) AND THE TERMS OF THE APPLICABLE VERITAS SOFTWARE LICENSE AGREEMENT AND PRODUCT USE RIGHTS SUPPLEMENT, AND (IF APPLICABLE) LICENSE INSTRUMENT (AS DEFINED IN SECTION B) BETWEEN YOU AND VERITAS FOR THE LICENSED SOFTWARE (COLLECTIVELY, REFERRED TO AS THE “BYOL LICENSE AGREEMENT”), IN EACH CASE, ON BEHALF OF YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, “CUSTOMER”). FOR PURPOSES OF THIS DOCUMENT, THE EVALUATION AGREEMENT OR BYOL LICENSE AGREEMENT, AS APPLICABLE, SHALL BE REFERRED TO AS THE “LICENSE AGREEMENT”. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE LICENSE AGREEMENT, CLICK THE “I DO NOT AGREE” OR “NO” BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE LICENSED SOFTWARE IN THE CLOUD SERVICE PROVIDER ENVIRONMENT. UNLESS OTHERWISE DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS” SECTION OF THE APPLICABLE SECTION AND SUCH CAPITALIZED TERMS MAY BE USED IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES. Section A: EVALUATION SOFTWARE LICENSE AGREEMENT TERMS 1. DEFINITIONS. “Cloud Service Provider Environment” means the cloud computing environment maintained by the Cloud Service Provider or its subcontractors. “Cloud Service Provider” means the third party entity into whose hosted environment the Licensed Software is being made available to You pursuant to this License Agreement. “Service” means the hosting, storage and other services provided by third parties within the Cloud Service Provider Environment. For clarity, Services are not provided by Veritas, and your use of Licensed Software in the Cloud Service Provider Environment is not a service performed by Veritas. “Collected Data” means certain information which Veritas may collect, retain, disclose and use in connection with Your use of the Licensed Software and may include, but is not limited to, personally identifiable information about You, Your employees, agents or contractors acting on Your behalf, Your devices or systems or Your Licensed Software usage. “Documentation” means the user documentation Veritas provides with the Licensed Software. “Licensed Software” means the Veritas software product, in object code form, accompanying this License Agreement, including any Documentation included in, or provided for use with, such software or that accompanies this License Agreement. “Product Use Rights” means usage rights, restrictions and terms set forth in the Product Use Rights Supplement, as applicable to Your use of the Licensed Software in the Cloud Service Provider Environment. “Product Use Rights Supplement” means the document which provides usage rights, restrictions and terms specific to the Licensed Software which may be found at or accessed through https://www.veritas.com/about/legal/license-agreements. Such Product Use Rights Supplement is incorporated herein by reference and is an integral part of this License Agreement. 2. LICENSE GRANT. Subject to Your compliance with the terms and conditions of this License Agreement, Veritas grants to You a nonexclusive, temporary, royalty-free, non-assignable license to use the Licensed Software in the Cloud Service Provider Environment solely for internal non-production evaluation subject to the applicable Product Use Rights. You may exercise Your rights through consultant(s) and outsourcer(s) (“Consultants”) in order to deliver services to You, provided You ensure Your Consultants adhere to the terms of this License Agreement, and You assume full responsibility for the actions of Your Consultants in connection with such use. 3. TERM. The Licensed Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Unless otherwise authorized by Veritas, this License Agreement shall terminate upon (i) the end date of the pre-determined evaluation period, if an evaluation period is pre-determined in the Licensed Software, (ii) sixty (60) days from the date of Your initial access of the Licensed Software in the Cloud Service Provider Environment, if no such evaluation period is pre-determined in the Licensed Software (“Evaluation Period”), or (iii) Your breach of any term contained herein. Veritas or the Cloud Service Provider may terminate your access to the Licensed Software in the Cloud Service Provider Environment at any time, for any reason or no reason. 4. LICENSE RESTRICTIONS. You may not, without Veritas’ prior written consent, conduct, cause or permit the: (i) use, copying, modification, rental, lease, sublease, sublicense, or transfer of the Licensed Software except as expressly provided in this License Agreement; (ii) creation of any derivative works based on the Licensed Software; (iii) reverse engineering, disassembly, or decompiling of the Licensed Software (except that You may decompile the Licensed Software for the purposes of interoperability only to the extent permitted by and subject to strict compliance under applicable law); (iv) use of the Licensed Software in connection with service bureau, facility management, timeshare, service provider or like activity whereby You operate or use the Licensed Software for the benefit of a third party; (v) use of the Licensed Software by any party other than You or Your Consultants; nor (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement. 5. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Veritas or its licensors and is protected by copyright law. Veritas and its licensors retain any and all rights, title and interest in and to the Licensed Software, including in all copies, improvements, enhancements, modifications and derivative works of the Licensed Software. Your rights to use the Licensed Software shall be limited to those expressly granted in this License Agreement. All rights not expressly granted to You are retained by Veritas and/or its licensors. 6. WARRANTY DISCLAIMERS. The Licensed Software may not be transferred and is provided “AS IS” without warranty of any kind. You are solely responsible to take appropriate measures to back up Your system and take other measures to prevent any loss of files or data. VERITAS MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. ACCESS TO CLOUD SERVICE PROVIDER’S SERVICE IS PROVIDED UNDER YOUR SEPARATE TERMS AND CONDITIONS WITH SUCH CLOUD SERVICE PROVIDER, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES FROM VERITAS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR ACCESS OF SERVICE ON A THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENT IS SUBJECT TO CHANGES BY THIRD PARTIES PROVIDING SUCH ENVIRONMENTS WHICH ARE OUTSIDE VERITAS’ CONTROL. VERITAS SHALL NOT BE RESPONSIBLE FOR ANY OUTAGES, DATA LOSS, BUGS, TECHNICAL PROBLEMS, OR OTHER ERRORS CAUSED DIRECTLY OR INDIRECTLY THROUGH YOUR ACCESS TO THE SERVICE ON SUCH NON-VERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS. YOU SHALL BEAR THE SOLE RISK OF LOSS OF OR DAMAGE TO ANY DATA THROUGH USE OF SUCH NON-VERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS. 7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE IN CONNECTION WITH ANY THIRD PARTY CLOUD PROVIDER SERVICE, FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL VERITAS’ LIABILITY EXCEED ONE HUNDRED US DOLLARS ($100 USD, OR LOCAL EQUIVALENT). NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT VERITAS’ LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SOFTWARE. 8. MAINTENANCE/SUPPORT. Veritas has no obligation under this License Agreement to provide maintenance/support for the Licensed Software. 9. U.S. GOVERNMENT COMMERCIAL LICENSE RIGHTS. This Section 12 applies only to U.S. Government entities. The Licensed Software is deemed to be commercial computer software as defined in FAR 12.212. Any use, modification, reproduction release, performance, display or disclosure of the Licensed Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement, and except as otherwise explicitly stated in this License Agreement all provisions of this License Agreement shall apply to the U.S. Government. 10. EXPORT REGULATION. The export or re-export of the Licensed Software and related technical data and services (collectively "Controlled Technology") is subject to applicable export laws and regulations including, but not limited to, the U.S. Export Administration Regulations, the European Union Council Regulations, and the Singapore Strategic Goods Control Act. The export or re-export of Controlled Technology in violation of the foregoing laws and regulations is strictly prohibited. Controlled Technology may also be subject to various import, distribution and/or use restrictions requiring action on Your behalf prior to use of the Controlled Technology. Controlled Technology is prohibited for export or re-export to Cuba, North Korea, Iran, Syria, Sudan, the Crimea Region of Ukraine and to any other country or region subject to relevant trade sanctions. Controlled Technology is further prohibited for export or re-export to any person or entity named on relevant lists maintained by the U.S. government (including, but not limited to, lists published by the U.S. Department of Commerce, the U.S. Department of State, and the U.S. Department of Treasury), in addition to lists published by the authorities in applicable foreign jurisdictions. You may not export any Controlled Technology for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons. Furthermore, You may not export any Controlled Technology to any military entity, or to any other entity for any military purpose, unless subject to a valid license specifically permitting such export. You agree to comply with all applicable export or import control laws and regulations, and You represent that You are not under the control of, located in, or a resident or national of any prohibited country or region and are not a prohibited person or entity. 11. DATA COLLECTION. Veritas collects and uses Collected Data to enable, optimize and provide the Licensed Software to You (and may engage third parties to do so as well), to administer and enforce its License Agreement with You, to make recommendations regarding usage of the Licensed Software and other Veritas solutions, and/or to improve Veritas’ products and services in general, including by reviewing aggregate data for statistical analyses. By installing and/or using the Licensed Software, You agree that Veritas may, and You have obtained all the necessary consents and rights for Veritas to, collect, use, retain, disclose and/or process Collected Data for the purposes described in this License Agreement and in the applicable Veritas product privacy notices at: https://www.veritas.com/privacy. Please note that the use of the Licensed Software may be subject to data protection laws or regulations in certain jurisdictions. You are responsible for ensuring that Your use of the Licensed Software is in accordance with such laws or regulations. 12. CONFIDENTIAL INFORMATION. You may have access to information that is confidential to Veritas (“Confidential Information”) under this License Agreement. Confidential Information is limited to the Licensed Software, the terms and pricing for the Licensed Software, and any other information clearly identified as confidential. You will hold Veritas’ Confidential Information in confidence and will not disclose the Confidential Information to any third party. You will use the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as You use to protect Your own confidential information of a like nature. You will use the Confidential Information only as needed to exercise the licenses granted under this License Agreement. Confidential Information does not include any information that: (a) was rightfully in the possession of, or was known by, a party prior to its receipt from the other party, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public without violation of this License Agreement; (c) is rightfully obtained by a party from a third party, without an obligation to keep such information confidential; or (d) is independently developed by a party. You may disclose Confidential Information as required by law or court order, provided You notify Veritas in writing of the requirement for disclosure in advance, and only disclose as much of the Confidential Information as is required by law. 13. SURVIVAL. The following provisions of this License Agreement survive termination of this License Agreement: Definitions, License Restrictions and any other restrictions on use of intellectual property, Ownership/Title, Warranty Disclaimers, Limitation of Liability, U.S. Government Commercial License Rights, Export Regulation, Data Collection, Confidential Information, Survival, and General. 14. GENERAL. 14.1 ASSIGNMENT. You may not assign the rights granted hereunder or this License Agreement, in whole or in part and whether by operation of contract, law or otherwise, without Veritas’ prior express written consent. Veritas may assign this License Agreement to any party. 14.2 COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for Your compliance with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the Licensed Software. 14.3 AUDIT. Veritas may audit Your use of the Licensed Software to verify Your usage complies with this License Agreement, including without limitation through collection and use of Collected Data, self-certifications, or audits done using a third party auditor, subject to any requirements between the Cloud Service Provider and Veritas. If Your usage of the Licensed Software is not compliant, You shall pay Veritas for any unauthorized deployments of Licensed Software disclosed by the audit. License fees for such over deployments will be invoiced to and paid by You at the undiscounted license list price in effect as of the audit completion date (“List Price”), unless otherwise mutually agreed. In addition to purchasing appropriate licenses for any over-deployed Licensed Software, You shall reimburse Veritas for the fees for the audit. 14.4 GOVERNING LAW; SEVERABILITY; WAIVER. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, United States of America. If You are located in China, this License Agreement will be governed by the laws of the Peoples Republic of China. Otherwise, this License Agreement will be governed by the laws of England and Wales. Such governing laws are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. If any provision of this License Agreement is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions of this License Agreement shall remain in full force and effect. A waiver of any breach or default under this License Agreement shall not constitute a waiver of any other subsequent breach or default. 14.5 THIRD PARTY PROGRAMS. This Licensed Software may contain third party software programs (“Third Party Programs”) that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations You may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs. 14.6 CUSTOMER SERVICE. Should You have any questions concerning this License Agreement, or if You desire to contact Veritas for any reason, please write to: (i) Veritas Technologies LLC, 500 East Middlefield Road, Mountain View, California 94043, U.S.A., (ii) Veritas Technologies LLC, 350 Brook Drive, Reading, Berkshire RG2 6UH, United Kingdom, (iii) Veritas Technologies LLC, Tsinghua Science Park Bldg. 1, No. 1 Zhongguancun East Road, Suite 601 Tower B, Innovation Plaza, Beijing, Haidian District 100084, China. 14.7 ENTIRE AGREEMENT. This License Agreement is the complete and exclusive agreement between You and Veritas relating to the Licensed Software and supersede any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. This License Agreement prevails over any conflicting or additional terms of any purchase order, ordering document, acknowledgement or confirmation or other document issued by You, even if signed and returned. SECTION B: SUPPLEMENTAL BRING YOUR OWN LICENSE TERMS: This section contains additional terms and conditions for the Licensed Software licensed to you under the applicable Veritas Software License Agreement and Product Use Rights Supplement (collectively referred to as “Base License Agreement”) and (if applicable) License Instrument between you and Veritas Technologies LLC and/or its affiliates (“Veritas”) when deployed and used in the Cloud Service Provider Environment through which you view and accept this Supplemental Terms. Capitalized terms used in this Supplemental Terms but not defined will have the meanings assigned to them in the Base License Agreement and/or License Instrument. The terms and condition of this Supplemental Terms, the License Instrument, and Base License Agreement will govern in that order of precedence. 1. DEFINITIONS. “Cloud Service Provider Environment” means the cloud computing environment maintained by the Cloud Service Provider or its subcontractors. “Cloud Service Provider” means the third party entity into whose hosted environment you have chosen to deploy your Licensed Software entitlement. “Service” means the hosting, storage and other services provided by third parties within the Cloud Service Provider Environment. For clarity, Services are not provided by Veritas, and your use of Licensed Software in the Cloud Service Provider Environment is not a service performed by Veritas. 2. USAGE. You may use the Licensed Software in the Cloud Service Provider Environment subject to the Use Levels of the BYOL License Agreement. You will procure Cloud Service Provider’s cooperation with Veritas’ exercise of its right to audit and verify your compliance under the Base License Agreement, including your use in conformity with the Use Levels purchased, but if you are unable to procure such cooperation then you will, upon Veritas’ written request, provide or require Cloud Service Provider to provide, copies of Cloud Service Provider’s written usage reports relating to your use of the Licensed Software in the Cloud Service Provider Environment. Subject to any requirements between the Cloud Service Provider and Veritas, Veritas will use such information for its internal business purposes. 3. TERMINATION OF BYOL. If Cloud Service Provider or Veritas terminates its support for the Licensed Software in the Cloud Service Provider Environment, including therefore your access and use of the Licensed Software under such environment, such termination does not affect your separate continuing license rights and obligations under the Base License Agreement and License Instrument. 4. DISCLAIMER OF WARRANTY. ACCESS TO CLOUD SERVICE PROVIDER’S SERVICE IS PROVIDED UNDER YOUR SEPARATE TERMS AND CONDITIONS WITH SUCH CLOUD SERVICE PROVIDER, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES FROM VERITAS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR ACCESS OF SERVICE ON A THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENT IS SUBJECT TO CHANGES BY THIRD PARTIES PROVIDING SUCH ENVIRONMENTS WHICH ARE OUTSIDE VERITAS’ CONTROL. VERITAS SHALL NOT BE RESPONSIBLE FOR ANY OUTAGES, DATA LOSS, BUGS, TECHNICAL PROBLEMS, OR OTHER ERRORS CAUSED DIRECTLY OR INDIRECTLY THROUGH YOUR ACCESS TO THE SERVICE ON SUCH NON-VERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS. YOU SHALL BEAR THE SOLE RISK OF LOSS OF OR DAMAGE TO ANY DATA THROUGH USE OF SUCH NON-VERITAS, THIRD PARTY CLOUD SERVICE PROVIDER ENVIRONMENTS. 5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGE IN CONNECTION WITH ANY THIRD PARTY CLOUD SERVICE PROVIDER SERVICE, INCLUDING (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS BYOL LICENSE AGREEMENT, EVEN IF VERITAS OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR.