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  2. Finance Committee - Minutes - 6/6/2018 - P20

Finance Committee - Minutes - 6/6/2018 - P20

By dnadmin on Mon, 11/07/2022 - 11:36
Document Date
Wed, 06/06/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 06/06/2018 - 00:00
Page Number
20
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__060620…

“Web Service” means an application and/or database
product hosted by KnowBe4 or its agents and made
available for remote access and use by Customer under a
Quote.

"“Brivacy Policy’. KnowBed’s Privacy Policy can be found at
https://www.knowbed.com/privacy-policy/ or such other
URL locations which can be found on KnowB4’s website as
KnowBe4 may provide from time to time.

2. Trial Period.

2.1 Trial Period. if Customer acquires any Products
ona trial period, then Customer will have a period of thirty
(30) days from the Effective Date to evaluate the Product
ithe “Thal Period”). During the Trial Period, all terms and
conditions of this Agreement will apply, except that fi) no
fees will be due from Customer; (1) the Services will be
provided without warranties or indemnities of any kind,
entirely on an “as-is” basis (e.g., the provisions of Sections
7 (Product Support), 10.1 (Product Warranties), 10.2
(Service Warranties}, and 11.1 (KnowBe4 Indemnity
Obligations} will not apply}, and (ill) additional trial terms
and conditions may appear on the trial registration web
page or on the applicable Quote. Any such additional
terms and conditions are incorporated into this
Agreement by reference and are legally binding. At any
time prior to the end of the Trial Period, Custorner may
terminate this Agreement on written notice to KnowBed.

2.2 Trial Disclaimer. CUSTOMER DATA ON
KNOWBE4 SYSTEMS OR IN KNOWBE4’S POSSESSION OR
CONTROL, REPORTS, AND ANY CUSTOMIZATIONS MADE
TG THE PRODUCTS BY OR FOR CUSTOMER’S BENEFIT,
DURING THE TRIAL PERIOD MAY BE PERMANENTLY LOST
OR DELETED AT THE END OF THE FREE TRIAL PERIOD IF
CUSTOMER CANCELS THE PRODUCTS DURING THE TRIAL
PERIOD.

3. Products.

3.1 Software License. This Section applies only in the
avent Customer licenses Software from KnowBed
pursuant to a Quote. Subject to Customer’s payment of all
relevant fees, KnowBe4 hereby grants to Customer
(including Its Affillates) and Customer's authorized Users,
solely for internal purposes, and not for resale or
publication, a limited, non-exclusive, non-sublicensable,
non-transferable {except pursuant to Section 14.6
{Assignment)}, fully-paid, royalty-free license to install,
use, execute, display, and access the Software. The initial
term of the foregoing license will be as set forth in the
applicable Quote. Apart from the foregoing limited
licenses, Customer is not being granted any right, title, or

interest in or to the software Products. All such rights are
expressly reserved by KnowBed.

3.2 Web Services Access, This Section applies only in
the event. Customer orders Web Services from KnowBe4
pursuant to a Quote. Subject to Customer's payment of all
relevant fees, Knowbed hereby grants ta Custorner a non-
exclusive, non-transferable (except pursuant to Section
14.6 {Assignment)}, right to access and use for its internal
business purposes the Web Services. The initial term of the
foregoing access right will be as set forth in the applicable
Quote. Customer shall be solely responsible for
connection of Customer's systems to a
telecommunications service that provides Internet access
for purposes of Customer's access and use of the Web
Services. KnowBe4 will use commercially reasonable
efforts to make the Web Services available in accordance
with the terms set forth in Exhibit B.

3.3 Beta Product. KnowBe4 may offer Beta Services
at no charge. Use of the Beta Services are at the election
of Custorner and are for evaluation purposes only. Beta
Services are not considered “Services” and do not come
with Product Support, Beta Services may be subject to
additional terms. KnowBe4 reserves the right to
discontinue the Beta Services at any time. Beta Services
will automatically terminate at such time as KnowBed
rnakes such Beta Services generally available. Beta Services
may be unpredictable and lead to erroneous results.
Customer acknowledges and agrees that: {i} Beta Services
are experimental and have not been fully tested; (I!) Beta
Services may not meet Customer's requirements; (ill) the
use of operation of any Beta Service may not be
uninterrupted. or error free; (iv) Customer’s use of any
Beta Service is for purposes of evaluating and testing the
Beta Service and providing feedback to KnowBed: {vy}
Customer shall inforrn its employees, staff members, and
other users regarding the nature of Beta Service; and (vi)
Custorner will hold all information relating to Beta Services
and Customer’s use of Beta Services, including any
performance measurernents and other data relating to
Beta Services, in strict confidence and shall not disclose
such information to any unauthorized third parties.
Customer shall promptly report any errors, defects, or
other deficiencies in any Beta Service to KnowBed4.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, ALL BETA SERVICES ARE PROVIDED “AS-IS”
AND “AS-AVAILABLE.” WITHOUT WARRANTIES OF ANY
KIND. Customer hereby waives any and all claims, now
known or later discovered, that Customer may have
against KnowBe4 and its suppliers and licensors arising out
of Customer's use of the Beta Services.

Page Image
Finance Committee - Minutes - 6/6/2018 - P20

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