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<br /> <br /> <br /> <br /> <br />Extreme NIaaS Subscriber Terms of Use_End User Direct v091224 Page 5 of 13 <br /> <br />Technology. <br /> <br />b. Upon termination or expiration of the NiaaS Subscription, Subscriber will destroy all copies of all <br />Software provided with the Extreme Technology and deliver to Extreme a certificate of an authorized <br />officer of Subscriber to the effect that such destruction has occurred. Subscriber is responsible for <br />removing all of Subscriber <br />and Extreme disclaims all liability for such removal or for the protection of any such information not <br />removed by Subscriber. <br /> <br />12. Proprietary Rights. The Extreme Technology is the property of Extreme and no title, equity, ownership <br />or right (including any license right) in or to the Extreme Technology in whole or in part shall pass to <br />Subscriber, except as otherwise expressly provided for in these Terms of Use. Subscriber agrees that it may <br />not pass any right or interest in the Extreme Technology to a third party and Subscriber shall ensure it takes <br />necessary steps to protect Extreme's rights under these Terms of Use such that the Extreme Technology cannot <br />be construed as a fixture nor shall it become a fixture on the Premises or any other location. Subscriber <br />will not take any action that causes or purports to cause the imposition of any lien, claim, interest, right or <br />encumbrance on Extreme Technology or otherwise transfer any right or interest in the Extreme Technology <br />to a third party. Subscriber will immediately take all necessary action to remove any lien or encumbrance on <br />the Extreme Technology (other than any lien or encumbrance in favor of or expressly approved by Extreme) <br />and shall, at its sole expense, defend, indemnify and hold Extreme harmless from and against any claims, <br />damages, costs, expenses, losses or the like relating to the protection and preservation of Extreme's rights, <br />title and interest in the Extreme Technology. <br /> <br />13. Audit Rights. Extreme, or an agent designated by Extreme, shall have the right to perform an audit <br />of Subscriber's use of the NIaaS Subscriptions during normal business hours. Subscriber agrees to cooperate <br />with Extreme in such audit and to provide Extreme with all records reasonably related to Subscriber's use <br />of the NIaaS Services. The audit will be limited to verification of Subscriber's compliance with the provisions of <br />these Terms of Use and accuracy of usage reports. <br /> <br />14. Insurance. Subscriber shall obtain and maintain liability insurance and insurance against loss or <br />damage to all Extreme Technology including, without limitation, loss by fire, flood (including extended <br />coverage), theft and such other risks of loss as are customarily insured against on that type of Extreme <br />Technology. Such insurance shall be in such amounts, in such form and with such insurers as are <br />acceptable to Extreme, such acceptance not to be unreasonably withheld, and shall contain a requirement <br />that no material modification or cancellation of coverage may occur unless thirty (30) days prior written notice <br />thereof has been provided to Extreme. Subscriber shall cause its insurer to name Extreme as loss payees and <br />additional insured, and within fifteen (15) days after Extreme's request, Subscriber shall cause its insurer to <br />provide to Extreme a certificate evidencing such coverage. <br /> <br />15. Excluded Data. Subscriber acknowledges that any software and/or the NlaaS Services <br />provided under these Terms of Use are not designed to offer functionality providing security and <br />access management for the processing and/or storage of the following categories of data: (1) data that is <br />classified and or used on the U.S. Munitions list, including software and technical data; (2) articles, <br />services and related technical data designated as defense articles and defense services; and (3) ITAR <br />(International Traffic in Arms Regulations) related data . <br />Subscriber hereby agrees that Subscriber is solely responsible for reviewing and ensuring its data that will <br />be provided to Extreme (or to which Extreme will have access) does not contain Excluded Data. <br /> <br />16. LIMITATION OF LIABILITY. EXTREME'S LIABILITY FOR CLAIMS RELATED TO, OR ARISING <br />OUT OF, THESE TERMS OF USE, THE SUBSCRIBER'S ORDER(S), OR THE NIAAS SERVICES, <br />SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID OR PAYABLE BY SUBSCRIBER TO <br />EXTREME FOR THE NIAAS SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT <br />GIVING RISE TO THE LIABILITY. IN NO EVENT WILL EITHER EXTREME OR SUBSCRIBER BE <br />LIABLE FOR (I) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; <br />(II) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; OR (Ill) LOSS <br />OF REVENUES, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS. THIS LIMITATION