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Extreme NIaaS Subscriber Terms of Use_End User Direct v091224 Page 8 of 13 <br />in such event, such provision shall be changed and interpreted so as to best accomplish the objectives <br />of such provision within the limits of applicable law or applicable court decisions. <br />e. Injunctive Relief. It is expressly agreed that a violation of the EULA or Section 8 <br />of these Terms of Use could cause irreparable harm to Extreme and that a remedy at law could <br />be inadequate. Therefore, in addition to any and all remedies available at law, Extreme will be entitled to <br />seek injunctive relief or other equitable remedies in the event of any threatened or actual violation of any <br />or all of the provisions hereof. <br />f. Controlling Law; Venue. These Terms of Use shall be governed in all respects exclusively by the <br />laws of the State of California and the United States of America without regard to conflicts of law principles. <br />The United Nations Convention on the International Sale of Goods is hereby expressly excluded from <br />application to these Terms of Use. All disputes arising under these Terms of Use shall be brought in <br />Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, <br />as permitted by law, and Reseller consents to personal jurisdiction in such courts. <br />g. No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or <br />other form of joint enterprise between the parties. <br />h. Counterparts; Facsimile Signatures. These Terms of Use may be signed in multiple counterparts <br />that together shall form a single agreement as if the parties had executed the same document. The <br />parties agree that execution of these Terms of Use evidenced by facsimile signature constitutes due <br />execution and delivery thereof and that a photocopy or facsimile copy of the executed Agreement will be <br />binding on and admissible by the parties to the same extent as an executed original. <br />i. Entire Agreement. These Terms of Use (including appendices, if any) constitutes the entire <br />agreement between the parties hereto relating to the subject matter hereof and supersedes, and its terms <br />govern, all prior and all contemporaneous proposals, negotiations, commitments, understandings, <br />agreements or other communications between the parties, oral or written, regarding such subject matter. <br />Any prior agreements between Extreme and Subscriber covering the subject matter of these Terms of <br />Use are hereby terminated. <br />j. Amendment. These Terms of Use may not be modified except by a subsequently dated written <br />amendment signed on behalf of Extreme and Subscriber by their duly authorized representatives. <br />Therefore, the parties hereto have caused these Terms of Use to be executed by their duly authorized <br />representatives on the date shown below. <br />EXTREME NETWORKS, INC. City of Everett <br />By: By: <br />Print Name: Print Name: <br />Title: Title: <br />Date: Date: <br />Cassie FranklinRob Rosa <br />MayorSenior Vice President <br />01/29/2025 01/29/2025 <br />Attest: