IBM Proventia Network Enterprise Scanner User Manual page 267

injury, or severe physical or property damage. ISS disclaims any implied warranty of fitness for High Risk Use. Licensee accepts the risk associated with the
foregoing disclaimers and hereby waives all rights, remedies, and causes of action against ISS and releases ISS from all liabilities arising therefrom.
17. Confidentiality - "Confidential Information" means all information proprietary to a party or its suppliers that is marked as confidential. Each party acknowledges
that during the term of this Agreement, it will be exposed to Confidential Information of the other party. The obligations of the party ("Receiving Party") which
receives Confidential Information of the other party ("Disclosing Party") with respect to any particular portion of the Disclosing Party's Confidential Information
shall not attach or shall terminate when any of the following occurs: (i) it was in the public domain or generally available to the public at the time of disclosure to
the Receiving Party, (ii) it entered the public domain or became generally available to the public through no fault of the Receiving Party subsequent to the time of
disclosure to the Receiving Party, (iii) it was or is furnished to the Receiving Party by a third party having the right to furnish it with no obligation of confidentiality
to the Disclosing Party, or (iv) it was independently developed by the Receiving Party by individuals not having access to the Confidential Information of the
Disclosing Party. The Receiving Party agrees not to disclose or use any Confidential Information of the Disclosing Party in violation of this License and to use
Confidential Information of the Disclosing Party solely for the purposes of this License. Upon demand by the Disclosing Party and, in any event, upon expiration
or termination of this License, the Receiving Party shall return to the Disclosing Party all copies of the Disclosing Party's Confidential Information in the Receiving
Party's possession or control and destroy all derivatives and other vestiges of the Disclosing Party's Confidential Information obtained or created by the
Disclosing Party. All Confidential Information of the Disclosing Party shall remain the exclusive property of the Disclosing Party, provided however that the
Receiving Party may use in its business activities the ideas, concepts and know-how contained in the Disclosing Party's Confidential Information which are
retained in the memories of the Receiving Party's employees who have had access to the Confidential Information under this License.
18. Compliance - From time to time, ISS may request Licensee to provide a certification that the Software and security content is being used in accordance with the
terms of this License. If so requested, Licensee shall verify its compliance and deliver its certification within forty-five (45) days of the request. The certification
shall state Licensee's compliance or non-compliance, including the extent of any non-compliance. ISS may also, at any time, upon thirty (30) days prior written
notice, at its own expense appoint a nationally recognized software use auditor, to whom Licensee has no reasonable objection, to audit and examine use and
records at Licensee offices during normal business hours, solely for the purpose of confirming that Licensee's use of the Software and security content is in
compliance with the terms of this License. ISS will use commercially reasonable efforts to have such audit conducted in a manner such that it will not
unreasonably interfere with the normal business operations of Licensee. If such audit should reveal that use of the Software or security content has been
expanded beyond the scope of use and/or the number of authorized devices or Licensee certifies such non-compliance, ISS shall have the right to charge
Licensee the applicable current list prices required to bring Licensee in compliance with its obligations hereunder with respect to its current use of the Software
and security content. In addition to the foregoing, ISS may pursue any other rights and remedies it may have at law, in equity or under this License.
19. Data Protection - Licensee confirms that it is solely responsible for ensuring that any processing and security obligations comply with applicable data protection
laws. Licensee contact information shall not be considered personal information processed on Licensee's behalf.
20. Miscellaneous - Except for any payment obligations, neither Licensee nor ISS is responsible for failure to fulfill any obligations due to causes beyond its control.
This License will not create any right or cause of action for any third party, nor will ISS be responsible for any third party claims against Licensee except, as
permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which ISS is legally
liable. Nothing in this License affects any statutory rights of consumers that cannot be waived or limited by contract. Licensee agrees to allow ISS to store and
use Licensee's contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed
and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of ISS for uses consistent with
their collective business activities, including communicating with Licensee (for example, for processing orders, for promotions, and for market research). Neither
Licensee nor ISS will bring a legal action under this License more than two years after the cause of action arose unless otherwise provided by local law without
the possibility of contractual waiver or limitation.
Revised: February 14, 2007