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Attachment D - State and Local Government and Education Customer Return Policy; EULA <br />a. Transfer. You may not assign Software without prior written consent of HPE, payment of transfer fees and <br />compliance with HPE's software license transfer policies. Authorized assignments will terminate your license to the <br />software and you must deliver software and documentation and copies thereof to the assignee. The assignee will <br />agree in writing to this Agreement. You may only transfer firmware if you transfer associated hardware. <br />b. Audit. HPE may audit you for compliance with the software license terms. Upon reasonable notice, HPE may <br />conduct an audit during normal business hours (with the auditor's costs being at HPE's expense). <br />c. Open Source Components. To the extent the Supporting Material includes open source licenses, such licenses <br />shall control over this Agreement with respect to the particular open source component. To the extent Supporting <br />Material includes the GNU General Public License or the GNU Lesser General Public License: (a) the software <br />includes a copy of the source code; or (b) if you downloaded the software from a website, a copy of the source <br />code is available on the same website; or (c) if you send HPE written notice, HPE will send you a copy of the source <br />code for a reasonable fee. <br />9. SaaS Provisions. <br />a. HPE Software -as -a -Service (HPE SaaS) Right of Use. For the duration specified in the Order, you may access and <br />use HPE SaaS in accordance with Supporting Material and this Agreement. HPE may suspend your access to HPE <br />SaaS where you provide false information when ordering, breach this Agreement, or use or attempt to use HPE <br />SaaS in violation of law. You remains responsible for applicable fees through the date of suspension or <br />termination. As long as HPE does not materially degrade the functionality of HPE SaaS: (i) HPE may modify the <br />systems and environment used to provide HPE SaaS; and (ii) HPE may make any changes to HPE SaaS that it deems <br />necessary or useful to maintain or enhance the quality or delivery of HPE's services to its customers, the <br />competitive strength of or market for HPE's services, or HPE SaaS' cost efficiency or performance. <br />b. Usage Restrictions. You may only access HPE SaaS for its internal business purposes and not use for <br />commercialization unless expressly permitted by Supporting Materials. You are responsible for any use of HPE SaaS <br />through your credentials. Should you believe that there has been unauthorized use of your account, you must <br />promptly notify HPE. You will not: (i) exceed any usage limitations identified in the Supporting Material; (ii) except <br />to the extent expressly permitted in Supporting Material, sell, resell, license, sublicense, lease, rent, or distribute <br />HPE SaaS or include HPE SaaS in other outsourcing offerings, or make any portion of HPE SaaS available for the <br />benefit of any third party; (iii) copy or reproduce any portion of HPE SaaS; (iv) interfere with or disrupt the integrity <br />or performance of HPE SaaS; (v) use HPE SaaS to send or store data that is obscene, offensive, libelous, tortuous or <br />otherwise unlawful, violates any third party's privacy rights, or infringes upon or misappropriates intellectual <br />property rights; (vi) use HPE SaaS to disrupt or cause harm to a third party's system or environment or evade <br />filters; (vii) access HPE SaaS to build a competitive product or service; or (viii) reverse engineer HPE SaaS; (ix) <br />disclose any information relating to the performance or operation of the HPE SaaS (including any benchmarking or <br />other testing results) to any third party without the express prior written consent of HPE unless otherwise required <br />by law; or (x) engage a third party to perform security testing on the HPE SaaS unless that third party enters into a <br />written non -disclosure agreement directly with HPE. You will cooperate with HPE's investigation of your <br />compliance with the SaaS usage restrictions. You are responsible for complying with all terms of use for any <br />software, content, service, or website you load, create, or access when using HPE SaaS. <br />c. Data. You are solely responsible for the content created or placed into a HPE-provided system during your use of <br />the HPE-provided system ("Customer -provided Data"). You will remain the sole and exclusive owner of all <br />Customer -provided Data. You grant HPE the necessary rights to Customer -provided Data to allow HPE to use <br />Customer -provided Data as necessary to provide such HPE-provided system, technical support, or as otherwise <br />required by law. <br />Attachment D Page 4 of 4 <br />