Supplemental End User License Agreement for Lancope Products IMPORTANT: READ CAREFULLY This Supplemental End User License Agreement (“SEULA”) contains additional terms and conditions for the Software Product licensed under the End User License Agreement (“EULA”) between You (“You” as used herein means You and the business entity you represent) and Cisco (collectively, the “Agreement”). Capitalized terms used in this SEULA but not defined will have the meanings assigned to them in the EULA. To the extent that there is a conflict between the terms and conditions of the EULA and this SEULA, the terms and conditions of this SEULA will take precedence. In addition to the limitations set forth in the EULA on your access and use of the Software, You agree to comply at all times with the terms and conditions provided in this SEULA. DOWNLOADING, INSTALLING, OR USING THE SOFTWARE OR DATA CONSTITUTES ACCEPTANCE OF THE AGREEMENT, AND YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, “CUSTOMER”) TO THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE SOFTWARE OR DATA TO YOU AND (A) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE OR DATA, AND (B) YOU MAY RETURN THE SOFTWARE (INCLUDING ANY UNOPENED CD PACKAGE AND ANY WRITTEN MATERIALS) FOR A FULL REFUND, OR, IF THE SOFTWARE AND WRITTEN MATERIALS ARE SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM CISCO OR AN AUTHORIZED CISCO RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER. For purposes of this SEULA, the product You have ordered or enabled is: 1. Stealthwatch Threat Intelligence License; and/or 2. A subscription for Stealthwatch products, including, but not limited to, Management Console, Flow Collector and Flow Sensor products; and/or 3. Stealthwatch Cloud License software product. Definitions For purposes of this SEULA, the following definitions apply: “Data” means the information and feed data regarding sources of electronic threats to the security or integrity of information technology systems provided for use with a System. “System” the collective Stealthwatch hardware and/or software product(s) purchased or licensed by You. The System processes the Data. © 2016 Cisco and/or its affiliates. All rights reserved. This document is Cisco Public Information. Page 1 of 3 License Terms and Conditions 1. Data License. Conditioned upon compliance with the terms and conditions of the Agreement, Cisco grants to You a nonexclusive, nontransferable, worldwide and non-sublicenseable license to use the Data solely for your internal business purposes and only as part of your use of the System(s). In order to use the Data You may be required to input a registration number or authorization key and register online at Cisco’s website to obtain the necessary access to the Data. The Data will be made available via HTTPS from a server designated by Cisco (or such other method determined by Cisco), and such Data will only be accessible automatically by the System. 2. Data License Limitations. The Data is licensed to Customer based on minimum equipment configurations that are necessary to support proper functioning of Systems that are capable of using the Data. Customer must maintain, at a minimum, the minimum equipment configuration. It is the responsibility of Customer to provide and prepare the System(s) in which the Data is to be used and to ensure a proper environment, including the minimum equipment configuration, and proper utilities for the System, including, but not limited to, an uninterrupted power supply. Any use of the Data by a person other than Customer and its employees, agents and contractors, or use other than by the System or use in excess or violation of applicable limitations, requires an additional license from Cisco and may carry additional charges. Updating of Data is subject to availability. From time to time, Cisco may offer new types of, or frequencies for updating, the Data for an additional charge. Customer’s purchase of a license for the Data does not entitle Customer to receive any other products, such as a System, without separate payment. 3. Data License Term. Your license to the Data is a term-based subscription to use the Data for a defined period of time as indicated in a SKU or as otherwise shown in the applicable ordering document. All licensed subscription fees are billable in advance of the term covered. The subscription is non-cancellable and subject to the termination provisions set forth below. You must renew each subscription license and pay the applicable fee before the subscription expiration date for continued authorized use of the Data. If a subscription term expires without renewal, then your right and license to use the Data automatically terminates. If You have multiple subscriptions to use the Data, then Cisco reserves the right to change the length of a particular subscription term, and provide a pro-rated refund or credit towards a subscription renewal, as applicable, so that all subscriptions to use the Data start and end on the same date. 4. Data License Termination. Notwithstanding the foregoing or anything to the contrary in this SEULA and the EULA, Cisco may, in its sole discretion and for its convenience, terminate your license to use the Data, or reduce, modify or alter the source, content, type or level of the Data offering provided through the System, without prior notice to Customer. In the event Cisco terminates this license to the Data for convenience, Cisco will provide the Customer written notice of termination, and will refund the portion of the prepaid fees attributable to periods following the effective date of termination. Further, Cisco hereby reserves the right to terminate this license to the Data without notice at any time upon Customer’s breach of any of the terms contained in this SEULA or the EULA or upon Cisco’s determination that Customer’s use of or access to the Data is causing material harm to Cisco’s servers or other equipment. Upon any termination or expiration of this license to the Data, Cisco may automatically suspend or terminate the functionality of the Data, and Customer will (i) immediately cease all use of the Data; and (ii) promptly return, or to the extent that return is not reasonably practicable due to the nature of the material, destroy all of Cisco’s information and other documentation related to the Data in the possession or control of Customer. 5. Data License Warranty Disclaimer. The Data and all modifications and updates thereto are provided on an “AS IS” basis without warranty of any kind, either expressed or implied, including, without limitation, warranties that the Data is free of defects, merchantable, fit for a particular purpose, error-free or non-infringing. © 2016 Cisco and/or its affiliates. All rights reserved. This document is Cisco Public Information. Page 2 of 3 6. Stealthwatch Product Subscription Terms and Cloud License Terms. Your license for a term-based subscription for Stealthwatch products, or the Stealthwatch Cloud License, is a right to use the Software for a defined period of time as indicated in a SKU or as otherwise shown in the applicable ordering document. All licensed subscription fees are billable in advance of the term covered. The subscription is noncancellable and subject to the termination provisions under the EULA. You must renew each subscription license and pay the applicable fee before the subscription expiration date for continued authorized use of the Software. If a subscription term expires without renewal, then your right and license to use the Software automatically terminates and certain Software features may cease operation if You do not renew your subscription. The Stealthwatch Software, including Stealthwatch Cloud License, is licensed pursuant to a tier-based pricing model and is based on the number of agents licensed as indicated in a SKU or as otherwise shown in the applicable ordering document. Use in excess or violation of applicable agent limitations, requires an additional license from Cisco and may carry additional charges. In the event customer orders multiple subscriptions for various terms and/or a different number of licensed agents, then in order to make all Customer subscriptions coterminous Cisco has the right to terminate a subscription early so that such subscription terminates on the same day as other subscriptions. Cisco will provide a pro-rata refund or credit towards a subscription renewal, as applicable, for any such subscription that is terminated early. The cost of maintenance and technical support for the Stealthwatch Cloud License Software is included in the price of the subscription. Description of Other Rights and Obligations Please refer to the Cisco Systems, Inc. End User License Agreement: http://www.cisco.com/c/en/us/td/docs/general/warranty/English/EU1KEN_.html © 2016 Cisco and/or its affiliates. All rights reserved. This document is Cisco Public Information. Page 3 of 3