Common use of SUPPORTED AND NON-SUPPORTED RELEASE FAMILIES Clause in Contracts

SUPPORTED AND NON-SUPPORTED RELEASE FAMILIES. Customer acknowledges that the current Release Family is the version of the Subscription Service containing the most current features, availability, performance and security. Within a Supported Release Family, the most recent Update is the version of the Subscription Service for that Release Family that contains the most current problem fixes, availability, performance and security. A Customer using a Supported Release Family may be required to apply a Critical Update within the Supported Release Family. A Customer that has not Upgraded to a Supported Release Family may experience defects, for which Customer hereby agrees that ServiceNow is not responsible, including without limitation those that affect the features, availability, performance and security of the Subscription Service, that are fixed in the most current version of the Subscription Service. A Customer who is not using a Supported Release Family may be required to apply an Upgrade to a Supported Release Family. /// /// /// Remainder of page intentionally left blank This Data Processing Addendum (“DPA”) is deemed to include Sections 1 through 9 below, including the attached Appendix 1, and the Data Security Guide, all of which are expressly deemed incorporated in the Agreement by this reference. In the event of any conflict between the terms of this DPA and the terms of the Agreement with respect to the subject matter herein, this DPA shall control. Any data processing agreements that may already exist between parties as well as any earlier version of the Data Security Guide to which the parties may have agreed are superseded and replaced by this DPA in their entirety. All capitalized terms not defined in this DPA will have the meaning given to them in other parts of the Agreement.

SUPPORTED AND NON-SUPPORTED RELEASE FAMILIES. Customer acknowledges that the current Release Family is the version of the Subscription Service containing the most current features, availability, performance and security. Within a Supported Release Family, the most recent Update is the version of the Subscription Service for that Release Family that contains the most current problem fixes, availability, performance and security. A Customer using a Supported Release Family may be required to apply a Critical Update within the Supported Release Family. A Customer that has not Upgraded to a Supported Release Family may experience defects, for which Customer hereby agrees that ServiceNow Kensu is not responsible, including without limitation those that affect the features, availability, performance and security of the Subscription Service, that are fixed in the most current version of the Subscription Service. A Customer who is not using a Supported Release Family may be required to apply an Upgrade to a Supported Release Family. /// /// /// Remainder of page intentionally left blank This Data Processing Addendum (“DPA”) is deemed to include Sections 1 through 9 below, including the attached Appendix 1, and the Data Security Guide, all of which are expressly deemed incorporated in the Agreement by this reference. In the event of any conflict between the terms of this DPA and the terms of the Agreement with respect to the subject matter herein, this DPA shall control. Any data processing agreements that may already exist between parties as well as any earlier version of the Data Security Guide to which the parties may have agreed are superseded and replaced by this DPA in their entirety. All capitalized terms not defined in this DPA will have the meaning given to them in other parts of the Agreement.