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Docusign Envelope ID: 4D6CF659-66B6-419F-BAAB-FF51FADFF578 <br />CUSTOMER SAAS SUBSCRIPTION AGREEMENT <br />Q CRadar- <br />S <br />9.2 Intellectual Property Infringement. SOCRadar will indemnify and defend Customer against any third -party claim <br />alleging that a SOCRadar developed or manufactured Product or Service (the "Infringing Product") directly <br />infringes a valid United States patent or copyright ("Infringement Claim"). <br />10. LIMITATION OF LIABILITY. <br />10.1. IN NO EVENT SHALL SOCRadar BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR <br />CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OR COSTS DUE TO ANY DIRECT OR INDIRECT LOSS OF PROFITS, <br />DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THIS <br />TOS, THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE <br />THEORY OF LIABILITY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF SOCRadar <br />HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. <br />10.2. EXCEPT FOR LIABILITY RELATED TO PERSONAL INJURY, PROPERTY DAMAGE OR DEATH, THE MAXIMUM <br />AGGREGATE LIABILITY OF SOCRadar ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS TOS WHETHER IN <br />CONTRACT, TORT (INCLUDING NEGLIGENCE BUT EXCLUDING WILLFUL MISCONDUCT) OR OTHERWISE, SHALL NOT <br />EXCEED THE TOTALAMOUNT PAID TO SOCRadar UNDER THIS TOS AGREEMENT. <br />11. TERM AND TERMINATION. <br />Term. <br />This TOS shall commence on the date of first access of the Services for a term of one (1) year, unless expressly <br />extended in writing by the Parties or terminated in accordance with the terms. <br />Termination. <br />Your access to the Service will automatically terminate when the TOS terminates or at any time as determined by <br />SOCRadar in its sole discretion. Upon expiration or termination of this TOS, your access to the Service and license to <br />the SOCRadar CTI Data shall be terminated. Notwithstanding the foregoing, any term or condition of this TOS which <br />by its sense or nature should be deemed to survive such termination shall so survive. <br />Suspension. <br />SOCRadar may, with or without prior notice, suspend your access to the Services if SOCRadar reasonably concludes <br />that you or users are using the Service in denial of service attacks or spamming; illegal activity; breach of the terms <br />and conditions of this TOS; or actions causing immediate and material harm to SOCRadar or other third parties. You <br />agree that SOCRadar will not be liable to you or any third party for any damages if SOCRadar exercises any of its <br />rights as permitted by this Section 9. <br />12. CONFLICT OF INTEREST CLAUSE <br />1. SOCRadar or subrecipient must maintain reasonable written standards of conduct covering conflicts of <br />interest and governing the actions of its employees engaged in the selection, award, and administration of <br />contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may <br />participate in the selection, award, or administration of a contract supported by the Federal award. A <br />conflict of interest includes when the employee, officer, agent, or board member, any member of their <br />immediate family, their partner, or an organization that employs or is about to employ any of the parties <br />indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered <br />for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither <br />SOCRadar Cyber Intelligence Inc. <br />www.SOCRadar.io <br />