3.4. EZXploit Scans. This Section applies only in the event
Customer orders EZXploit pursuant to a Purchase Order.
Customer authorizes and grants access to KnowBed to
perform the EZXploit scans on Customer's cornputer
systems. Customer is solely responsible for ensuring
compliance with any applicable laws and regulations
relating to the EZXploit functionality. Scans may be
performed by KnowBed4 to gather data from any
workstation in Customer's organization where a User
clicks through a social engineering test. Scans may cause
malfunctions or crashes of that computer system. As a
result, Customer acknowledges that these scans pose
certain risks to Customer's computer system. Customer
HEREBY WAIVES ANY COSTS, DAMAGES, OR EXPENSES
ASSOCIATED WITH THESE RISKS AND HOLD KNOWBE4
HARMLESS WITH RESPECT TO SUCH COSTS, DAMAGES,
OR EXPENSES.
4, Product Usage & Rights.
4.1 Acceptance. All sales are final, non-refundable,
and non-returnable except with respect to Products that
do not meet applicable specifications in the relevant
Documentation or that are not identified in the Quote.
inspection and acceptance of the Products shall be
Customer's responsibility. Custorner is deemed to have
accepted the Products once a Quote is signed and sent
over to KnowBe4 for processing. Other than for non-
delivery of the Products, Customer irrevocably waives any
right to revoke acceptance.
4.2 Customer Users. The Products are provided on a
per-seat basis. The concurrent amount of Users cannot
exceed the purchased nurnber of Seats by more than 10%.
if Customer's Users exceed the purchased number of Seats
by more than 10%, the Custorner is obligated to pay for
any Seats that surpass the purchased amount. If a User's
account Is terminated or removed, that User's Seat license
ig no longer considered in use and may be allocated to
another User upon approval by KnowBed. in the event that
the Customer adds on more Seats during a term, the new
Seats will be priced at the same volume level/discount that
the initial Seats purchased during the that term were
purchased for and will be valid only until the end of the
specified term for the apolicable Quote. Upon renewal of
the applicable Quote term, new rates may apply.
4.3 Web Services Term. Unless otherwise provided
in the applicable Quote, (i) Web Services are acquired ona
subscription basis, Gi) additional subscriptions may be
added at any time during a co-pending subscription term,
with the term for such additional subscriptions to be
prorated for the portion of then-current subscription term
remaining at the time the mid-terrn subscriptions are
added, and {Hi} any such additional subscriptions will be
co-pending and each shall terminate on the same date as
the original subscription term.
4.4 Product Term. The applicable term for each
Product is set forth in the applicable Quote.
4.5 intellectual Property. This is not a work made-
for-hire agreement (as that term is defined in Section 101
of Title 17 of the United States Code}. Knowfie4 and its
licensors own all right, title, and interest, including
intellectual property rights, in the Products and all
enhancements, modifications, and updates thereto.
Except for express licenses granted in this Agreement,
KnowBed Is not granting or assigning to Customer any
right, title, or interest, express or implied, in or to
KnowBed’s intellectual property. KnowBed reserves all
rights in such property.
4.6 Feedback. Customer may provide KnowBe4 with
suggestions, comments or other feedback {collectively,
“Seedback”) with respect to the Products. Feedback is
voluntary. KnowBe4 is not obligated to hold it in
confidence. KnowBe4 may use Feedback for any purpose
without obligation of any kind. To the extent a license is
required under any Customer intellectual property rights
to make use of the Feedback, Customer grants KnowBe4
an irrevocable, non-exclusive, perpetual, royalty-free
license to use the Feedback in connection with KnowBed’s
business, including the enhancerment of the Products.
5. Data.
5.1 Customer Data. Custorner grants KnowSe4 and
its Affiliates a non-exclusive, world-wide, royalty-free
license to use the data and other information input by
Customer into the Products (“Custerner Data”): (i) to
perfarm KnowBed’s obligations under this Agreement; (71)
in compliance with the Privacy Policy and (1) as may be
required by law. Customer will be responsible for
obtaining all rights, permissions, and authorizations to
provide the Customer Data to KnowBed for use as
contemplated under this Agreement, Except for the
limited license granted in this Section, nothing contained
in this Agreement will be construed as granting KnowBe4
any right, title, or interest in the Custorner Data. Customer
Data shall be deemed Customer Confidential information.
§.2 Aggregated Dotu. KnowBed may also use
Customer Data in an aggregate, de-identified and generic
manner for marketing, survey and benchmarking
purposes, in the review and development of current and
future Products, Product usage and other similar purposes
("Agpregated Data”). Aggregated Data: {i} is used only for
