Common use of LICENCE RESTRICTIONS Clause in Contracts

LICENCE RESTRICTIONS. All Software is licensed, not sold. The restrictions in this Agreement represent conditions of Customer’s licence. Unless otherwise specified in the Product Order Form or the Documentation, the Software is pre-installed on the Hardware and Customer agrees to use the Software solely in conjunction with such Hardware and not separately or apart from the Hardware. Customer specifically agrees not to: (i) sub-licence, rent, sell, lease, distribute or otherwise transfer the Software or any part thereof or use the Offering, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use for the benefit of any third party (other than Customer’s Affiliates); (ii) attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms of the Software or Third Party Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable law; (iii) modify, port, translate, localise or create derivative works of the Software, the Third Party Software, the Documentation; (iv) use the Offering: (a) in violation of any law, statute, ordinance or regulation applicable to Customer (including but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state and local laws and regulations governing the use of network scanners and related software in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination, in each case that are applicable to Customer); or (b) negligently, intentionally or wilfully propagate any virus, worms, Trojan horses or other programming routine intended to damage any system or data; (v) remove or modify any acknowledgements, credits or legal notices contained on the Appliance or any part thereof; (vi) install or run on the Hardware on any software applications other than the Software and Third Party Software installed by Darktrace on such Hardware; (vii) collect any information from or through the Offering using any automated means (other than Darktrace approved APIs), including without limitation any script, spider, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted access by any means to any Darktrace computer system, network, or database; and (viii) file copyright or patent applications that include the Offering or any portion thereof.

LICENCE RESTRICTIONS. All Software is licensed, not sold. The restrictions in this Agreement represent conditions of Customer’s licence. Unless otherwise specified in the Product Order Form or the Documentation, the Software is pre-installed on the Hardware and Customer agrees to use the Software solely in conjunction with such Hardware and not separately or apart from the Hardware. Customer specifically agrees not to: (i) sub-licence, rent, sell, lease, distribute or otherwise transfer the Software or any part thereof or use the Offering, or thereof;(ii) allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use for the benefit of any third party Third-Party (other than Customer’s Affiliates); (iiiii) attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms of the Software or Third Third-Party Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable law; (iiiiv) modify, port, translate, localise or create derivative works of the Software, the Third Third- Party Software, the Documentation; (ivv) use the Offering: (a) in violation of any law, statute, ordinance or regulation applicable to Customer (including but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state and local laws and regulations governing the use of network scanners and related software in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination, in each case that are applicable to Customer); or (b) negligently, intentionally or wilfully propagate any virus, worms, Trojan horses or other programming routine intended to damage any system or data; (vvi) remove or modify any acknowledgements, credits or legal notices contained on the Appliance or any part thereof; (vivii) install or run on the Hardware on any software applications other than the Software and Third Third-Party Software installed by Darktrace PureCyber on such Hardware; (viiviii) collect any information from or through the Offering using any automated means (other than Darktrace PureCyber approved APIs), including without limitation any script, spider, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted access by any means to any Darktrace PureCyber computer system, network, or database; and or (viiiiX) file copyright or patent applications that include the Offering or any portion thereof.

LICENCE RESTRICTIONS. All Software is licensed, not sold. The restrictions Except as otherwise expressly provided in this Agreement represent conditions of Customer’s licence. Unless otherwise specified in the Product Order Form or the DocumentationAgreement, the Software is pre-installed on the Hardware End User shall not (and Customer agrees to use the Software solely in conjunction with such Hardware and shall not separately or apart from the Hardware. Customer specifically agrees not permit any third party to: ): (ia) sub-licencesublicense, sell, resell, transfer, assign, distribute, share, lease, rent, sellmake any external commercial use of, leaseoutsource, distribute use on a timeshare or service bureau, or use in an application service provider or managed service provider environment (other than, in the case of the SaaS Product, the remote access environment provided by Moogsoft), or otherwise transfer generate income from the Product Offering; (b) allow the Software to become the subject of any charge, lien or encumbrance; (c) permit any part thereof party to access the Product Offering other than End User’s employees and agents authorised by End User; (d) copy the Software Product onto any public or use distributed network, except for an internal and secure cloud computing environment; (e) cause the Offeringdecompiling, disassembly, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use for the benefit reverse engineering of any third party (other than Customer’s Affiliates); (ii) attempt to reverse engineer, decompile, disassembleportion of the Product Offering, or attempt to derive the discover any source code or underlying ideas or algorithms other operational mechanisms of the Software or Third Party Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable lawProduct Offering; (iiif) modify, portadapt, translate, localise translate or create derivative works based on all or any part of the Software, the Third Party Software, the DocumentationProduct Offering; (ivg) use any portion of the Offering: Product Offering as a general SQL server, as a stand-alone application or with applications other than the Product Offering as provided; (ah) modify any proprietary rights notices that appear in the Product Offering or components thereof; (i) use any Product Offering in violation of any law, statute, ordinance applicable laws or regulation applicable to Customer regulations (including but not limited any export laws, restrictions, national security controls and regulations) or outside of the licence scope set forth in Section 2.1; (j) attempt to disable or circumvent any of the laws and regulations governing publicity licensing or privacy, export/import control, federal, state and local laws and regulations governing access control mechanisms within the use Product Offering if they are present; (k) either directly or indirectly engage in any form of network scanners and related software in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination, in each case that are applicable to Customer)commercial exploitation of the Product Offering; or (bl) negligentlyuse or copy the Product Offering except as expressly allowed under this Agreement. Commercial exploitation for the purposes of this clause means allowing third parties access to the Product Offering (except as expressly permitted under this Agreement) and/or to services provided through use of the Product Offering, intentionally regardless of whether revenue is generated by the End User. Notwithstanding the foregoing, decompilation of the Software Product is permitted to the extent the laws of End User’s jurisdiction require Moogsoft to give End User the right to do so to obtain information necessary to render the Software Product interoperable with other software; provided, however, that End User must first request such information from Moogsoft and Moogsoft will then provide such information to End User within a reasonable time. End User may not use such information provided by Moogsoft to create any software whose expression is substantially similarto that of the Software Product nor use such information in any manner which would be restricted by any copyright subsisting in it. Except as expressly set forth herein, no express or wilfully propagate implied licence or right of any viruskind is granted to End User regarding the Product Offering, worms, Trojan horses or other programming routine intended to damage any system or data; (v) remove or modify any acknowledgements, credits or legal notices contained on the Appliance or any part thereof; (vi) install or run on the Hardware on any software applications other than the Software and Third Party Software installed by Darktrace on such Hardware; (vii) collect any information from or through the Offering using any automated means (other than Darktrace approved APIs), including without limitation any scriptright to obtain possession of any source code relating to the Product Offering. End User acknowledges that the Licence is subject to compliance with any and all applicable United States, spiderUK and international laws, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted access by any means to any Darktrace computer system, networkregulations, or database; orders relating to the export of computer software or related know-how (“Export Laws”). The End User agrees that the Product Offering will not be shipped, transferred, exported, or re-exported into any country or used in any manner prohibited by the Export Laws. In addition, if the Product Offering is identified as export controlled items under the Export Laws, the End User represents and (viii) file copyright warrants that it is not a citizen of, or patent applications otherwise located within, an embargoed nation and that include it is not otherwise prohibited under the Offering or any portion thereofExport Laws from receiving the Product Offering.

LICENCE RESTRICTIONS. All Software is licensed, not sold. The restrictions in this Agreement represent conditions of Customer’s licence. Unless otherwise specified in the Product Order Form or the Documentationapplicable datasheet, the Software is pre-installed on the Hardware and Customer agrees to use the Software solely in conjunction with such Hardware and not separately or apart from the Hardware. Customer specifically agrees not to: (i) sub-licence, rent, sell, lease, distribute or otherwise transfer the Software or any part thereof or use the Offering, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use for the benefit of any third party (other than Customer’s Affiliates); (ii) attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms of the Software or Third Party Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable law; (iii) modify, port, translate, localise or create derivative works of the Software, the Third Party Software, the DocumentationDocumentation or Reports (save as expressly permitted by Clause 5.1 above); (iv) use the Offering: (a) in violation of any law, statute, ordinance or regulation applicable to Customer (including but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state and local laws and regulations governing the use of network scanners and related software in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination, in each case that are applicable to Customer); or (b) negligently, intentionally or wilfully propagate any virus, worms, Trojan horses or other programming routine intended to damage any system or data; (v) remove or modify any acknowledgements, credits or legal notices contained on the Appliance or any part thereof; (vi) install or run on the Hardware on any software applications other than the Software and Third Party Software installed by Darktrace on such Hardware; (vii) collect any information from or through the Offering using any automated means (other than Darktrace approved APIs), including without limitation any script, spider, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted access by any means to any Darktrace computer system, network, or database; and (viii) file copyright or patent applications that include the Offering or any portion thereof. .

LICENCE RESTRICTIONS. All Software is licensed, not sold. The restrictions Except as otherwise expressly provided in this Agreement represent conditions of Customer’s licence. Unless otherwise specified in the Product Order Form or the DocumentationAgreement, the Software is pre-installed on the Hardware End User shall not (and Customer agrees to use the Software solely in conjunction with such Hardware and shall not separately or apart from the Hardware. Customer specifically agrees not permit any third party to: ): (ia) sub-licencesublicense, sell, resell, transfer, assign, distribute, share, lease, rent, sellmake any external commercial use of, leaseoutsource, distribute use on a timeshare or service bureau, or use in an application service provider or managed service provider environment (other than, in the case of the SaaS Product, the remote access environment provided by Moogsoft), or otherwise transfer generate income from the Product Offering; (b) allow the Software to become the subject of any charge, lien or encumbrance; (c) permit any part thereof party to access the Product Offering other than End User’s employees and agents authorised by End User; (d) copy the Software Product onto any public or use distributed network, except for an internal and secure cloud computing environment; (e) cause the Offeringdecompiling, disassembly, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use for the benefit reverse engineering of any third party (other than Customer’s Affiliates); (ii) attempt to reverse engineer, decompile, disassembleportion of the Product Offering, or attempt to derive the discover any source code or underlying ideas or algorithms other operational mechanisms of the Software or Third Party Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable lawProduct Offering; (iiif) modify, portadapt, translate, localise translate or create derivative works based on all or any part of the Software, the Third Party Software, the DocumentationProduct Offering; (ivg) use any portion of the Offering: Product Offering as a general SQL server, as a stand-alone application or with applications other than the Product Offering as provided; (ah) modify any proprietary rights notices that appear in the Product Offering or components thereof; (i) use any Product Offering in violation of any law, statute, ordinance applicable laws or regulation applicable to Customer regulations (including but not limited any export laws, restrictions, national security controls and regulations) or outside of the licence scope set forth in Section 2.1; (j) attempt to disable or circumvent any of the laws and regulations governing publicity licensing or privacy, export/import control, federal, state and local laws and regulations governing access control mechanisms within the use Product Offering if they are present; (k) either directly or indirectly engage in any form of network scanners and related software in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination, in each case that are applicable to Customer)commercial exploitation of the Product Offering; or (bl) negligentlyuse or copy the Product Offering except as expressly allowed under this Agreement. Commercial exploitation for the purposes of this clause means allowing third parties access to the Product Offering (except as expressly permitted under this Agreement) and/or to services provided through use of the Product Offering, intentionally regardless of whether revenue is generated by the End User. Except as expressly set forth herein, no express or wilfully propagate implied licence or right of any viruskind is granted to End User regarding the Product Offering, worms, Trojan horses or other programming routine intended to damage any system or data; (v) remove or modify any acknowledgements, credits or legal notices contained on the Appliance or any part thereof; (vi) install or run on the Hardware on any software applications other than the Software and Third Party Software installed by Darktrace on such Hardware; (vii) collect any information from or through the Offering using any automated means (other than Darktrace approved APIs), including without limitation any scriptright to obtain possession of any source code relating to the Product Offering. End User acknowledges that the Licence is subject to compliance with any and all applicable United States, spiderUK and international laws, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted access by any means to any Darktrace computer system, networkregulations, or database; orders relating to the export of computer software or related know-how (“Export Laws”). The End User agrees that the Product Offering will not be shipped, transferred, exported, or re-exported into any country or used in any manner prohibited by the Export Laws. In addition, if the Product Offering is identified as export controlled items under the Export Laws, the End User represents and (viii) file copyright warrants that it is not a citizen of, or patent applications otherwise located within, an embargoed nation and that include it is not otherwise prohibited under the Offering or any portion thereofExport Laws from receiving the Product Offering.