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<br />Extreme NIaaS Subscriber Terms of Use_End User Direct v091224 Page 7 of 13
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<br />Subscriber will not attempt, and Subscriber will use Subscriber Subscriber
<br />employees and contractors from attempting, to reverse engineer, disassemble, modify, translate or create
<br />derivative works from the Products, in whole or in part. Subscriber will treat as confidential and will not
<br />use or disclose to third parties any information (i) obtained by violation of the foregoing sentence or
<br />(ii) identified as confidential information of Extreme (such as new Product information or business plans
<br />of Extreme). In addition, Subscriber may be exposed to certain information concerning the Products
<br />including, without limitation, releases, and other Product or business information obtained through
<br />Subscriber
<br />Subscriber agrees that during and after the
<br />term of this Agreement, Subscriber may disclose the Confidential Information only to its employees as is
<br />reasonably necessary to perform under this Agreement. This Section shall not apply to Confidential
<br />Information after such information is made public by Extreme. Except as set forth herein or in a separate
<br />non-disclosure or HIPAA Business Associate agreement between Extreme and Subscriber, neither
<br />Extreme nor Subscriber has any obligation of confidentiality to the other.
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<br />20. Indemnification. Subscriber expressly agrees to defend, indemnify and hold harmless Extreme,
<br />its Affiliates, employees, officers, directors and contractors from any claims, losses, liabilities, expenses,
<br />costs, suits or damages, including reasonable legal fees, court costs, and claims of infringement
<br />property infringement related to the Extreme Technology arising by or through Subscriber; (b) any claims
<br />of injury to persons, properties or the environment based on either strict liability in tort, negligence, breach
<br />of warranties or violations of any regulatory law or requirement; or (c) any failure of Subscriber to comply
<br />fully with all applicable laws.
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<br />21. Compliance with Laws. Each party shall comply with all applicable laws and regulations,
<br />including but not limited to those regarding export compliance and anti-bribery.
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<br />22. Miscellaneous.
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<br />a. Notices. Notices will be sent to the address set forth above, attention Legal Department, unless
<br />a party notifies the other party in writing of an alternative contact and address for notices. Any notices
<br />permitted or required under these Terms of Use will be in writing and will be deemed given when delivered
<br />in person, by overnight courier upon written verification of receipt, by confirmed facsimile, or by certified
<br />or registered mail, return receipt requested, five (5) days after deposit in the mail.
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<br />b. Assignment. These Terms of Use may not be assigned by Subscriber by operation of law or
<br />part, under these Terms of Use may be assigned or delegated by Extreme to any affiliated company or
<br />subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all
<br />These Terms of Use shall bind and inure to the benefit of the Parties and their
<br />successors and permitted assigns.
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<br />c. Force Majeure. Neither Extreme nor its Affiliates will be liable to Subscriber for any failure to
<br />perform due to, or alleged loss or damages resulting from the provision of NIaaS Services being delayed
<br />by, acts or omissions of Subscriber, acts of civil or military authority, governmental priorities, fire, floods,
<br />hurricanes, earthquakes, epidemics, quarantine, energy crises, strikes, labor trouble, terrorism, war, riots,
<br />accidents, shortages, delays in transportation, or any other causes beyond the reasonable control of
<br />Extreme or its Affiliates; nor shall Subscriber be liable to Extreme for any payments and fees for NIaaS
<br />Services not provided as a result of such causes (excepting acts or omissions of Subscriber).
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<br />d. Waiver; Severability. The waiver by either Party of a breach of any provisions contained herein
<br />shall be in writing and shall in no way be construed as a waiver of any succeeding breach of such provision
<br />or the waiver of the provision itself. In the event that any provision of these Terms of Use shall be
<br />unenforceable or invalid under any applicable law or be so held by applicable court decision, such
<br />unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole and,
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