Common use of EVALUATIONS AND BETA TESTING Clause in Contracts

EVALUATIONS AND BETA TESTING. The following terms in this Clause 2 apply to a Darktrace proof of value or technical preview of the Offering. 2.1. If Darktrace permits Customer to conduct a proof of value of any commercially-available Offering (the “Evaluation”), Customer shall be granted a non-exclusive, non-transferable, non-sublicensable licence to use the Offering free of charge for evaluation purposes only for a maximum of four (4) weeks, or such other duration as specified by Darktrace in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace does not grant Customer any rights, implied or otherwise in or to the Offering in respect of an Evaluation. Customer must keep the Appliance free from liens, will be responsible for any damage to such Appliance during the Evaluation Period (reasonable wear and tear excepted) and will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of the Offering, Customer shall return the Appliance to Darktrace securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement will terminate. 2.2. If Darktrace provides Customer with a new product or new version of the Offering for technical preview or beta testing purposes (a “Preview Product”), Customer may use the Preview Product for evaluation purposes, in a non-production test environment only, for the period specified by Darktrace (the “Test Period”). Customer will test the Preview Product in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments and suggestions to Darktrace. Customer’s right to use the Preview Product will terminate upon expiry of the Test Period. Darktrace does not warrant that it will release a commercial version of the Preview Product, or that a commercial version will contain the same or similar features as the Preview Product. 2.3. Clause 9 and Clause 12 will not apply to Evaluations or Preview Products. APPLIANCES PROVIDED FOR THE PURPOSES OF EVALUATION (“EVALUATION PRODUCTS”) AND PREVIEW PRODUCTS ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) DARKTRACE MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RELATION TO SUCH EVALUATION PRODUCTS OR PREVIEW PRODUCTS; AND (ii) IN NO EVENT SHALL DARKTRACE BE LIABLE TO CUSTOMER OR TO THOSE CLAIMING THROUGH CUSTOMER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND, OR ANY LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), EVEN IF DARKTRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2.4. IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2.3 ABOVE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND POUNDS STERLING (£10,000).

EVALUATIONS AND BETA TESTING. The following terms in this 2.1. This Clause 2 apply applies if Darktrace has agreed to provide the Offering (or any part thereof) on a Darktrace proof of value or technical preview of the Offeringbasis. 2.12.2. If Darktrace permits provides Customer to conduct a proof of value of any commercially-available with the Offering (the or any part thereof) for evaluation purposes (an “Evaluation”), Darktrace grants Customer shall be granted a non-exclusive, non-transferable, non-sublicensable licence the right to use the Offering free of charge for evaluation purposes only for a maximum of four (4) weeks, weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace does not grant Customer any rights, implied or otherwise in or to the Offering in respect of an EvaluationOffering. During any Evaluation Period, Customer (I) must keep the Appliance free from liens, ; (ii) will be responsible for any damage to such the Appliance during the Evaluation Period (reasonable wear and tear excepted); and (iii) and will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of all or part of the OfferingOffering for an applicable Subscription Period, Customer shall promptly return the Appliance to Darktrace securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement will shall automatically terminate. 2.22.3. If Darktrace provides Customer with a new product or new version of the Offering for technical preview or beta testing purposes (a “Preview Product”), Customer may use the Preview Product free of charge for evaluation purposes, in a non-production test environment only, for the period a maximum of four (4) weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Test Period”). Customer will test the Preview Product in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments comments, and suggestions to Darktrace. Customer’s right to use the Preview Product will automatically terminate upon expiry of the Test Period. Darktrace does not warrant that it will release a commercial version of the Preview Product, or that a commercial version will contain the same or similar features as the Preview Product. 2.32.4. On completion of an Evaluation Period and / or Test Period, if the Customer wishes to continue using some or all of the Offering, the Customer and Darktrace shall agree a Product Order Form which shall include any applicable Fees for the Offering applicable to the relevant Subscription Period. If a Product Order Form is not agreed, the Customer's rights to the Evaluation and / or Preview Product shall automatically cease on completion of the Evaluation Period or Test Period. 2.5. Clause 9 and Clause 12 will 12.1 do not apply to Evaluations or Preview Products. APPLIANCES PROVIDED FOR THE PURPOSES OF EVALUATION (The Offering provided for the purpose of an Evaluation and Preview Products are provided on an “EVALUATION PRODUCTS”) AND PREVIEW PRODUCTS ARE PROVIDED as is” and “AS ISas available” ANDbasis, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWand, to the maximum extent permitted by applicable law: (i) DARKTRACE MAKES NO WARRANTIESDarktrace makes no warranties, CONDITIONSconditions, REPRESENTATIONS OR UNDERTAKINGS OF ANY KINDrepresentations or undertakings of any kind, WHETHER EXPRESSwhether express, IMPLIEDimplied, STATUTORY OR OTHERWISE WITH RELATION TO SUCH EVALUATION PRODUCTS OR PREVIEW PRODUCTSstatutory or otherwise with relation to Evaluation Products or Preview Products; AND and (ii) IN NO EVENT SHALL DARKTRACE BE LIABLE TO CUSTOMER OR TO THOSE CLAIMING THROUGH CUSTOMER FOR ANY DIRECTsubject to Clause 12.3, INDIRECTin no event shall Darktrace be liable to Customer or to those claiming through Customer for any direct, CONSEQUENTIALindirect, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KINDconsequential, OR ANY LOSS OF PROFITSincidental or special damage or loss of any kind, LOSS OF CONTRACTSor any loss of profits, BUSINESS INTERRUPTIONSloss of contracts, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT business interruptions, loss of or corruption of information or data however caused and whether arising under contract 2.6. Subject to Clause 12.3, Darktrace's liability (INCLUDING WITHOUT LIMITATION NEGLIGENCEwhether in contract, tort or otherwise), EVEN IF DARKTRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2.4. IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2.3 ABOVE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND POUNDS STERLING in respect of any Evaluation and/or Preview Product shall not exceed ten thousand pounds sterling (£10,000)) in aggregate.

EVALUATIONS AND BETA TESTING. The following terms in this This Clause 2 apply applies if Darktrace has agreed to provide the Offering (or any part thereof) on a Darktrace proof of value or technical preview of basis, as specified in the OfferingProduct Order Form. 2.1. If Darktrace permits provides Customer to conduct a proof of value of any commercially-available with the Offering (the or any part thereof) for evaluation purposes (an “Evaluation”), Darktrace grants Customer shall be granted a non-exclusive, non-transferable, non-sublicensable licence the right to use the Offering free of charge for evaluation purposes only for a maximum of four (4) weeks, weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace does not grant Customer any rights, implied or otherwise in or to the Offering in respect of an EvaluationOffering. During any Evaluation Period, Customer (i) must keep the Appliance free from liens, ; (ii) will be responsible for any damage to such the Appliance during the Evaluation Period (reasonable wear and tear excepted); and (iii) and will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of all or part of the OfferingOffering for an applicable Subscription Period, Customer shall return the Appliance to Darktrace securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement will terminateautomatically terminates. 2.2. If Darktrace provides Customer with a new product or new version of the Offering for technical preview or beta testing purposes (a “Preview Product”), Customer may use the Preview Product free of charge for evaluation purposes, in a non-production test environment only, for the period a maximum of four (4) weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Test Period”). Customer will test the Preview Product in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments comments, and suggestions to Darktrace. Customer’s right to use the Preview Product will automatically terminate upon expiry of the Test Period. Darktrace does not warrant that it will release a commercial version of the Preview Product, or that a commercial version will contain the same or similar features as the Preview Product. 2.3. On completion of an Evaluation Period and / or Test Period, if the Customer wishes to continue using that part of the Offering, the Customer and Darktrace shall agree a Product Order Form which shall include any applicable Fees for the Offering applicable to the relevant Subscription Period. If a Product Order Form is not agreed, the Customer's rights to the Evaluation and / or Preview Product shall automatically cease on completion of the Evaluation Period or Test Period. 2.4. Clause 9 and Clause 12 will do not apply to Evaluations or Preview Products. APPLIANCES PROVIDED FOR THE PURPOSES OF EVALUATION (The Offering provided for the purpose of an Evaluation and Preview Products are provided “EVALUATION PRODUCTS”) AND PREVIEW PRODUCTS ARE PROVIDED “AS ISas is” ANDand, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWto the maximum extent permitted by applicable law: (i) DARKTRACE MAKES NO WARRANTIESDarktrace makes no warranties, CONDITIONSconditions, REPRESENTATIONS OR UNDERTAKINGS OF ANY KINDrepresentations or undertakings of any kind, WHETHER EXPRESSwhether express, IMPLIEDimplied, STATUTORY OR OTHERWISE WITH RELATION TO SUCH EVALUATION PRODUCTS OR PREVIEW PRODUCTSstatutory or otherwise with relation to Evaluation Products or Preview Products; AND and (ii) IN NO EVENT SHALL DARKTRACE BE LIABLE TO CUSTOMER OR TO THOSE CLAIMING THROUGH CUSTOMER FOR ANY DIRECTsubject to Clause 12.3, INDIRECTin no event shall Darktrace be liable to Customer or to those claiming through Customer for any direct, CONSEQUENTIALindirect, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KINDconsequential, OR ANY LOSS OF PROFITSincidental or special damage or loss of any kind, LOSS OF CONTRACTSor any loss of profits, BUSINESS INTERRUPTIONSloss of contracts, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT business interruptions, loss of or corruption of information or data however caused and whether arising under contract or tort (INCLUDING WITHOUT LIMITATION NEGLIGENCEincluding without limitation negligence), EVEN IF DARKTRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESeven if the Customer has been advised of the possibility of such damages. 2.42.5. IF ANY LIMITATIONSubject to Clause 12.3, EXCLUSIONDarktrace's liability (whether in contract, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2.3 ABOVE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITEDtort or otherwise), SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND POUNDS STERLING in respect of any Evaluation and/or Preview Product shall not exceed ten thousand pounds sterling (£10,000)) in aggregate.

EVALUATIONS AND BETA TESTING. The following terms in this Clause 2 apply to a Darktrace proof of value or technical preview of the OfferingServices. 2.1. 2.1 If Darktrace permits Customer to conduct a proof of value of any commercially-available Offering the Services (the “Evaluation”), Customer shall be granted a non-exclusive, non-transferable, non-non- sublicensable licence to use the Offering Services free of charge for evaluation purposes only for a maximum of four (4) weeks, or such other duration as specified by Darktrace in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace does not grant Customer any rights, implied or otherwise in or to the Offering Services in respect of an Evaluation. Customer must keep the Appliance free from liens, will be responsible for any damage to such Appliance during the Evaluation Period (reasonable wear and tear excepted) and will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of the OfferingServices, Customer shall return the Appliance to Darktrace securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement will terminate. 2.2. 2.2 If Darktrace provides Customer with a new product service or new version of the Offering Services for technical preview or beta testing purposes (a “Preview ProductServices”), Customer may use the Preview Product Services for evaluation purposes, in a non-production test environment only, for the period specified by Darktrace (the “Test Period”). Customer will test the Preview Product Services in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments and suggestions to Darktrace. Customer’s right to use the Preview Product Services will terminate upon expiry of the Test Period. Darktrace does not warrant that it will release a commercial version of the Preview ProductServices, or that a commercial version will contain the same or similar features as the Preview ProductServices. 2.3. 2.3 Clause 9 7 and Clause 12 will not apply to Evaluations or Preview ProductsServices. APPLIANCES SERVICES PROVIDED FOR THE PURPOSES OF EVALUATION (“EVALUATION PRODUCTSSERVICES”) AND PREVIEW PRODUCTS SERVICES ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) DARKTRACE MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RELATION TO SUCH EVALUATION PRODUCTS SERVICES OR PREVIEW PRODUCTSSERVICES; AND (ii) IN NO EVENT SHALL DARKTRACE BE LIABLE TO CUSTOMER OR TO THOSE CLAIMING THROUGH CUSTOMER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND, OR ANY LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), EVEN IF DARKTRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2.4. 2.4 IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2.3 ABOVE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND POUNDS STERLING (£10,000).

EVALUATIONS AND BETA TESTING. The following terms in this 2.1. This Clause 2 apply applies if Darktrace has agreed to provide the Offering (or any part thereof) on a Darktrace proof of value or technical preview of basis, as specified in the OfferingProduct Order Form. 2.12.2. If Darktrace permits provides Customer to conduct a proof of value of any commercially-available with the Offering (the or any part thereof) for evaluation purposes (an “Evaluation”), Darktrace grants Customer shall be granted a non-exclusive, non-transferable, non-sublicensable licence the right to use the Offering free of charge for evaluation purposes only for a maximum of four (4) weeks, weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace does not grant Customer any rights, implied or otherwise in or to the Offering in respect of an EvaluationOffering. During any Evaluation Period, Customer (i) must keep the Appliance free from liens, ; (ii) will be responsible for any damage to such the Appliance during the Evaluation Period (reasonable wear and tear excepted); and (iii) and will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of all or part of the OfferingOffering for an applicable Subscription Period, Customer shall return the Appliance to Darktrace securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement will terminateautomatically terminates. 2.22.3. If Darktrace provides Customer with a new product or new version of the Offering for technical preview or beta testing purposes (a “Preview Product”), Customer may use the Preview Product free of charge for evaluation purposes, in a non-production test environment only, for the period a maximum of four (4) weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Test Period”). Customer will test the Preview Product in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments comments, and suggestions to Darktrace. Customer’s right to use the Preview Product will automatically terminate upon expiry of the Test Period. Darktrace does not warrant that it will release a commercial version of the Preview Product, or that a commercial version will contain the same or similar features as the Preview Product. 2.32.4. On completion of an Evaluation Period and / or Test Period, if the Customer wishes to continue using that part of the Offering, the Customer and Darktrace shall agree a Product Order Form which shall include any applicable Fees for the Offering applicable to the relevant Subscription Period. If a Product Order Form is not agreed, the Customer's rights to the Evaluation and / or Preview Product shall automatically cease on completion of the Evaluation Period or Test Period. 2.5. Clause 9 and Clause 12 will do not apply to Evaluations or Preview Products. APPLIANCES PROVIDED FOR THE PURPOSES OF EVALUATION (The Offering provided for the purpose of an Evaluation and Preview Products are provided “EVALUATION PRODUCTS”) AND PREVIEW PRODUCTS ARE PROVIDED “AS ISas is” ANDand, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWto the maximum extent permitted by applicable law: (i) DARKTRACE MAKES NO WARRANTIESDarktrace makes no warranties, CONDITIONSconditions, REPRESENTATIONS OR UNDERTAKINGS OF ANY KINDrepresentations or undertakings of any kind, WHETHER EXPRESSwhether express, IMPLIEDimplied, STATUTORY OR OTHERWISE WITH RELATION TO SUCH EVALUATION PRODUCTS OR PREVIEW PRODUCTSstatutory or otherwise with relation to Evaluation Products or Preview Products; AND and (ii) IN NO EVENT SHALL DARKTRACE BE LIABLE TO CUSTOMER OR TO THOSE CLAIMING THROUGH CUSTOMER FOR ANY DIRECTsubject to Clause 12.3, INDIRECTin no event shall Darktrace be liable to Customer or to those claiming through Customer for any direct, CONSEQUENTIALindirect, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KINDconsequential, OR ANY LOSS OF PROFITSincidental or special damage or loss of any kind, LOSS OF CONTRACTSor any loss of profits, BUSINESS INTERRUPTIONSloss of contracts, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT business interruptions, loss of or corruption of information or data however caused and whether arising under contract or tort (INCLUDING WITHOUT LIMITATION NEGLIGENCEincluding without limitation negligence), EVEN IF DARKTRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESeven if the Customer has been advised of the possibility of such damages. 2.42.6. IF ANY LIMITATIONSubject to Clause 12.3, EXCLUSIONDarktrace's liability (whether in contract, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2.3 ABOVE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITEDtort or otherwise), SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND POUNDS STERLING in respect of any Evaluation and/or Preview Product shall not exceed ten thousand pounds sterling (£10,000)) in aggregate.

EVALUATIONS AND BETA TESTING. The following terms in this Clause 2 apply to a Darktrace proof of value or technical preview of the Offering. 2.1. If Darktrace permits Customer to conduct a proof of value of any commercially-available the Offering (the “Evaluation”), Customer shall be granted a non-non- exclusive, non-transferable, non-sublicensable licence to use the Offering Appliance free of charge for evaluation purposes only for a maximum of four (4) weeks, or such other duration as specified by Darktrace in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace does not grant Customer any rights, implied or otherwise in or to the Offering in respect of an Evaluation. Customer must keep the Appliance free from liens, will be responsible for any damage to such Appliance during the Evaluation Period (reasonable wear and tear excepted) and will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of the Offering, Customer shall return the Appliance to Darktrace securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement will terminate. 2.2. If Darktrace provides Customer with a new product or new version of the Offering for technical preview or beta testing purposes (a “Preview Product”), Customer may use the Preview Product for evaluation purposes, in a non-production test environment only, for the period specified by Darktrace (the “Test Period”). Customer will test the Preview Product in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments and suggestions to Darktrace. Customer’s right to use the Preview Product will terminate upon expiry of the Test Period. Darktrace does not warrant that it will release a commercial version of the Preview Product, or that a commercial version will contain the same or similar features as the Preview Product. 2.3. Clause 9 and Clause 12 will not apply to Evaluations or Preview Products. APPLIANCES PROVIDED FOR THE PURPOSES OF EVALUATION (“EVALUATION PRODUCTS”) AND PREVIEW PRODUCTS ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) DARKTRACE MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RELATION TO SUCH EVALUATION PRODUCTS OR PREVIEW PRODUCTS; AND (ii) IN NO EVENT SHALL DARKTRACE BE LIABLE TO CUSTOMER OR TO THOSE CLAIMING THROUGH CUSTOMER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND, OR ANY LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), EVEN IF DARKTRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2.4. IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2.3 ABOVE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND POUNDS STERLING (£10,000).

EVALUATIONS AND BETA TESTING. The following terms in this Clause 2 apply to a Darktrace PureCyber proof of value or technical preview of the Offering. 2.1. If Darktrace PureCyber permits Customer to conduct a proof of value of any commercially-available Offering (the “Evaluation”), Customer shall be granted a non-exclusive, non-transferable, non-sublicensable licence to use the Offering Offering. This Licence shall be granted free of charge for evaluation purposes only for a maximum term of four (4) weeks, or such other duration as specified by Darktrace PureCyber in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace PureCyber does not grant Customer any rights, implied or otherwise in or to the Offering in respect of an Evaluation. Customer must keep the Appliance free from liens, will be responsible for any damage to such any Appliance during the Evaluation Period (reasonable wear and tear excepted) and will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of the Offering, Customer shall return the any Appliance to Darktrace PureCyber securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement will terminate. 2.2. If Darktrace PureCyber provides Customer with a new product or new version of the Offering for technical preview or beta testing purposes (a “Preview Product”), Customer may use the Preview Product for evaluation purposes, in a non-production test environment only, for the period specified by Darktrace PureCyber (the “Test Period”). Customer will test the Preview Product in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and Documentation. Customer will gather and report test data, feedback, comments and suggestions to DarktracePureCyber. Customer’s right to use the Preview Product will terminate upon expiry of the Test Period. Darktrace PureCyber does not warrant that it will release a commercial version of the Preview Product, or that a commercial version will contain the same or similar features as the Preview Product. 2.3. Clause 9 and Clause 12 11 will not apply to Evaluations or Preview Products. APPLIANCES AND SOFTWARE PROVIDED FOR THE PURPOSES OF EVALUATION (“EVALUATION PRODUCTS”) AND PREVIEW PRODUCTS ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (i) DARKTRACE PURECYBER MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RELATION TO SUCH EVALUATION PRODUCTS OR PREVIEW PRODUCTS; AND (ii) IN NO EVENT SHALL DARKTRACE PURECYBER BE LIABLE TO CUSTOMER OR TO THOSE CLAIMING THROUGH CUSTOMER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND, OR ANY LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), EVEN IF DARKTRACE PURECYBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2.4. IF ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2.3 ABOVE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE PURECYBER BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND POUNDS STERLING (£10,000).

EVALUATIONS AND BETA TESTING. The following terms in this 2.1. This Clause 2 apply applies if Darktrace has agreed to provide the Offering (or any part thereof) on a Darktrace proof of value or technical preview of the Offeringbasis. 2.12.2. If Darktrace permits provides Customer to conduct a proof of value of any commercially-available with the Offering (the or any part thereof) for evaluation purposes (an “Evaluation”), Darktrace grants Customer shall be granted a non-exclusive, non-transferable, non-sublicensable licence the right to use the Offering free of charge for evaluation purposes only for a maximum of four (4) weeks, weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace does not grant Customer any rights, implied or otherwise in or to the Offering in respect of an EvaluationOffering. During any Evaluation Period, Customer (I) must keep the Appliance free from liens, ; (ii) will be responsible for any damage to such the Appliance during the Evaluation Period (reasonable wear and tear excepted); and (iii) and will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of all or part of the OfferingOffering for an applicable Subscription Period, Customer shall promptly return the Appliance to Darktrace securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement will shall automatically terminate. 2.22.3. If Darktrace provides Customer with a new product or new version of the Offering for technical preview or beta testing purposes (a “Preview Product”), Customer may use the Preview Product free of charge for evaluation purposes, in a non-production test environment only, for the period a maximum of four (4) weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Test Period”). Customer will test the Preview Product in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments comments, and suggestions to Darktrace. Customer’s right to use the Preview Product will automatically terminate upon expiry of the Test Period. Darktrace does not warrant that it will release a commercial version of the Preview Product, or that a commercial version will contain the same or similar features as the Preview Product. 2.32.4. On completion of an Evaluation Period and / or Test Period, if the Customer wishes to continue using some or all of the Offering, the Customer and Darktrace shall agree a Product Order Form which shall include any applicable Fees for the Offering applicable to the relevant Subscription Period. If a Product Order Form is not agreed, the Customer's rights to the Evaluation and / or Preview Product shall automatically cease on completion of the Evaluation Period or Test Period. 2.5. Clause 9 and Clause 12 will do not apply to Evaluations or Preview Products. APPLIANCES PROVIDED FOR THE PURPOSES OF EVALUATION (The Offering provided for the purpose of an Evaluation and Preview Products are provided on an “EVALUATION PRODUCTS”) AND PREVIEW PRODUCTS ARE PROVIDED as is” and “AS ISas available” ANDbasis, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWand, to the maximum extent permitted by applicable law: (i) DARKTRACE MAKES NO WARRANTIESDarktrace makes no warranties, CONDITIONSconditions, REPRESENTATIONS OR UNDERTAKINGS OF ANY KINDrepresentations or undertakings of any kind, WHETHER EXPRESSwhether express, IMPLIEDimplied, STATUTORY OR OTHERWISE WITH RELATION TO SUCH EVALUATION PRODUCTS OR PREVIEW PRODUCTSstatutory or otherwise with relation to Evaluation Products or Preview Products; AND and (ii) IN NO EVENT SHALL DARKTRACE BE LIABLE TO CUSTOMER OR TO THOSE CLAIMING THROUGH CUSTOMER FOR ANY DIRECTsubject to Clause 12.3, INDIRECTin no event shall Darktrace be liable to Customer or to those claiming through Customer for any direct, CONSEQUENTIALindirect, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KINDconsequential, OR ANY LOSS OF PROFITSincidental or special damage or loss of any kind, LOSS OF CONTRACTSor any loss of profits, BUSINESS INTERRUPTIONSloss of contracts, LOSS OF OR CORRUPTION OF INFORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT business interruptions, loss of or corruption of information or data however caused and whether arising under contract or tort (INCLUDING WITHOUT LIMITATION NEGLIGENCEincluding without limitation negligence), EVEN IF DARKTRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESeven if the Customer has been advised of the possibility of such damages. 2.42.6. IF ANY LIMITATIONSubject to Clause 12.3, EXCLUSIONDarktrace's liability (whether in contract, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2.3 ABOVE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITEDtort or otherwise), SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED TEN THOUSAND POUNDS STERLING in respect of any Evaluation and/or Preview Product shall not exceed ten thousand pounds sterling (£10,000)) in aggregate.