PLEASE READ THESE TERMS OF SERVICE VERY CAREFULLY:

THE TERMS AND CONDITIONS OF THIS COALITION CONTROL TERMS OF SERVICE (“TERMS OF SERVICE”) FROM COALITION INC. (“COALITION,” “OUR,” OR “WE”), WHICH INCORPORATE BY REFERENCE, COALITION'S WEBSITE TERMS OF USE, AND PRIVACY POLICY, ARE LIMITED TO THOSE CONTAINED HEREIN. ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU (“YOU,” “YOUR,” OR “USER”) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY USING THE PLATFORM, ACCESSING THE SERVICES OR BY MAKING PAYMENT TO COALITION FOR SAID SERVICES, USER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS OF SERVICE UNLESS USER AND COALITION HAVE SIGNED A SEPARATE AGREEMENT WHICH EXPRESSLY GOVERNS THE RECEIPT OF SERVICES, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

ANY GENERAL DESCRIPTION OF SERVICES ON ANY COALITION WEBSITES DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN COALITION AND USER.

If You are a company located in Europe and the Agreement (as defined below) is entered into between You and a Coalition Inc. subsidiary organized and existing under the laws of Germany, these Terms of Service apply subject to amendments set out in Appendix B below.

Important Information About these Terms of Service

These Terms of Service constitute a binding contract between User and Coalition and are referred to herein as either "Terms of Service" or this "Agreement". In addition to any agreement that references or incorporates these Terms of Service, User accepts these Terms of Service by clicking or checking a box when signing up for an account, making a purchase from, or placing an Order (as defined below) with Coalition on Coalition Control (the "Platform"). If the User does not have the authority, does not agree to or cannot comply with all the terms and conditions of this Agreement, then User may not access or use the Platform or Services (defined below). These Terms of Service are binding as of the earliest date that the User accepts this Agreement, the date set forth on an Order, or the date on which User initially accesses or uses the Platform or Services.

Coalition may revise and update these Terms of Service from time to time in Our sole discretion. Your continued use of the Platform or Services following the update of revised Terms of Service validates Your acceptance and agreement to the changes. When accepted by the User, the revised Terms of Service automatically supersede the prior version. New terms and conditions apply prospectively only.

1. Definitions “Affiliate” means any entity that a party (e.g., parent) directly or indirectly controls (e.g., subsidiary or is controlled by or with which it is under common control). “Agreement” means these Coalition Terms of Service together with any Order (as applicable). “Coalition Data” shall mean the data provided by Coalition or its third party licensors, providers or suppliers, or data generated by the Platform or Services, including but not limited to, correlative and/or contextual data, detections, threat data, indicators of compromise, security data, images, photographs, animations, video, audio, music and/or text. For the avoidance of doubt, Coalition Data does not include User Data. “Coalition Insurance Products” means any insurance product that is offered by a duly-licensed Coalition entity, subject to the issued policy terms and conditions, including exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. “Coalition Websites” means the websites owned and operated by Coalition Inc., including (but not limited to): www.coalitioninc.com and www.control.coalitioninc.com “Endpoints” means physical or virtual computing devices and/or computing environments (such as containers) that can process data. “Offering” means collectively, Services (as defined herein) set forth in a package or purchased separately on an ad-hoc basis via an Order. “Order” means a Subscription or a separate agreement including but not limited to service level agreements (SLA) and Coalition Insurance Products by and between Coalition and User, that identifies the following Services to be provided to User: Offering, Offering quantity based on Coalition’s applicable metrics (e.g., size of company based on number of employees), price and Subscription/Order Term. “Payment Processor” means the third-party payment processor, Stripe® which is used to process payments for the Services or Coalition Insurance Products which will be subject to the terms, conditions, and privacy policy of the third party processor found at https://stripe.com/. “Platform” means Coalition’s proprietary risk and account management software-as-a-service platform (branded, “Coalition Control”), software as defined in this Agreement, or other tool Coalition uses, including without limitation providing security data and tooling as well as functionality that enables the delivery of Coalition messages to Your internet browser or email system, in providing Services. “Professional Services” means any professional services performed by Coalition and/or Coalition Incident Response, Inc. (d/b/a Coalition Security) a wholly owned affiliate of Coalition, for User pursuant to a contract or other Order. Professional Services may include without limitation managed detection response services (which include threat monitoring, triage, alert investigation, threat containment and guided response), incident response, investigation and forensic services related to cybersecurity, and tabletop exercises. “Services” means collectively the Platform, any Platform-related services and any Professional Services that a User accesses, downloads, activates, references, or uses, including Coalition Data and account administration services delivered by Coalition through the Platform, as set forth in Appendix A. “Software” means cloud-based software owned by Coalition or its third-party licensors, providers or suppliers, provided to User at no cost or for a fee. “Subscription” means to make an advanced payment for certain Services, as set forth in Appendix A. “Subscription/Order Term” means the period of time set forth in the applicable Subscription or Order during which the User is authorized by Coalition to use the Services pursuant to said Order. “User” means as the context requires, You or any User Affiliate that uses or accesses the Platform, an Offering, or places an Order for Services, or benefits from a User’s use of an Offering. “User Data” means the data generated by or collected from User Endpoints, or otherwise provided by or on behalf of User into the Platform or Services, excluding Coalition Data.

2. User Affiliates, Orders, & Payment 2.1 User Affiliates. Any User Affiliate will be bound by and comply with this Terms of Service. User will remain responsible for any User Affiliates’ acts and omissions hereunder. 2.2 Orders. Only those transaction-specific terms stating the Offering ordered, quantity, price, payment terms, Subscription/Order Term, and billing/provisioning contact information will have any force or effect if a particular Order is executed by an authorized signer of Coalition and User, respectively. If any such Order is so executed, then only those specific terms will supersede over any conflicting terms herein but only with respect to those Offerings ordered on such Order. Users can contact securitysales@coalitioninc.com for more information and details on pricing of any such Offering. 2.3 Payment and Taxes. User will pay fees to Coalition for Offering as set forth in the applicable Order. Unless otherwise expressly set forth on the Order, User will pay the fees and amounts stated on each Order as set forth therein. Except as otherwise expressly provided in this Agreement, all fees and other amounts paid for a particular Offering are non-refundable. Fees are exclusive of any applicable sales, use, value added, withholding, and other taxes, however designated. All applicable taxes levied or imposed by reason of User’s purchase of the Offering and the transactions hereunder shall be assessed to User, except for taxes based on Coalition’s income or with respect to Coalition’s employment of its employees. 2.4 Pricing Information. Availability Disclaimer. Coalition reserves the right to make adjustments to pricing of any Offering for reasons including, but not limited to, changing market conditions, Service discontinuation, and Service unavailability. Coalition cannot guarantee that a User’s request for Services will be able to be fulfilled.

3. Access & Use Rights 3.1 Access & Use Rights. Subject to this Terms of Service (including Coalition’s receipt of applicable fees), Coalition grants User, under Coalition’s intellectual property rights in and to the Platform, a non-exclusive, non-transferable (except as expressly provided in the Coalition Website Terms of Use Section entitled Relationship & Assignment), non-sublicensable license to access and use the Platform solely for User’s respective use during the applicable term or Subscription/Order Term. User’s access and use of the Platform is limited to the Offering quantity in the applicable Order. If Coalition provides access to the Platform to User pursuant to performing Professional Services, the license set forth in this Section applies to the Platform as used solely for Your internal use during the period of time set forth in the applicable Order, or if none is specified, for the period authorized by Coalition. Not all Professional Services engagements will involve the use of the Platform. 3.2 User Equipment. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software updates, patches or other fixes, which are or may become necessary to access the Services. The preceding obligations apply regardless of whether Coalition or a third party provided the Software or hardware to You. 3.3 Technical Assistance. Coalition provides limited technical assistance and directions solely for Coalition Insurance Products and Platform Users, respectively. Unless otherwise provided, Coalition may deploy and manage certain third-party security software or products as part of its Services. Coalition provides limited assistance and technical support for such third-party software or products, including onboarding, offboarding, and initial configuration. This support is provided solely to facilitate the integration and functionality of the third-party software or products within the User’s environment. Ongoing maintenance, troubleshooting beyond initial deployment, and support for third-party software or products features or issues outside the scope of Coalition’s configuration and deployment services remain the responsibility of the third-party vendor. Any such matters outside the scope of Coalition’s configuration and deployment services are provided in accordance with such third party's policies or other terms and Coalition shall have no liability for such third party software or products. Coalition reserves the right to deny any User technical assistance that is outside the scope of the terms herein. 3.4 Service Availability and Performance. The Services may not be available in all areas and some locations will not qualify for the Services even if initial testing or pilots were run in a particular location or for a particular market. The speed of the Services will vary based on Your network system or Internet congestion, Your computer configuration, Your chosen Services, and potentially the condition or quality of Your internet service, among other factors. 3.5 Limitations on Use of Service. You agree that Coalition assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of the Platform, or any content, data, documents, videos, graphics, images, information, advice, or opinion contained on the Platform or as part of the Services and does not endorse any advice or opinion contained therein. Coalition may take any action We deem appropriate, in Our sole discretion, to maintain the high quality of the Services and to protect others and Coalition. If You choose to access the Platform from locations outside the United States, You do so on Your own risk and You are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the county in which You reside. 3.6 Integrations. You understand and agree that Coalition’s use and transfer of information received from the following unaffiliated, third party apps, will adhere to the respective policies as provided on their respective websites. Current integrations can be found on the Platform here. 3.7 Third Party Sites. Any website linked to or from the Services, that is not a Coalition Website, is not reviewed, controlled, or examined by Coalition and Coalition is not responsible for the contents of any linked site or any link contained in a linked site that is not a Coalition Website. The inclusion of any linked sites or content from the Services that is not a Coalition Website, including sites or content advertised on the Services, does not imply endorsement of the linked site or content by Coalition. Any dealings that You have on non-Coalition Websites with third parties, merchants or advertisers found on the Services are between You and the third party, merchant or advertiser. 3.8 Liability for Third Party Sites. You acknowledge and agree that Coalition is not liable for any loss or claim You may have against a third party. In no event shall Coalition be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's website that is not a Coalition Website, or the information or material accessed through such websites. User violations of such third party provider’s terms of service may, in Coalition’s sole discretion, result in the termination of the Services. You further agree to indemnify, defend and hold Coalition harmless from and against any claims or liabilities that may result from Your use of such third party sites. 3.9 Intellectual Property. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Services and Coalition Websites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by Coalition, its Affiliates, third-party licensors and/or providers acting on Coalition’s behalf, as applicable. All title and intellectual property rights in and to the Coalition Data and Services which may be accessed through use of the Platform or Coalition’s Websites are the property of Coalition and may be protected by applicable copyright or other intellectual property laws and treaties.

4. Software Provided 4.1 Limited License. In relation to the Services, Coalition may provide Software to User. Subject to User’s compliance with this Agreement, Coalition hereby grants User a personal, revocable, non-exclusive, non-transferable license by Coalition or its third party licensors, providers or suppliers, to use the Software (and any corrections, updates and upgrades thereto), for the sole purpose of enabling You to use the Services. Your use of the Software and Platform is governed by the terms of this limited license, unless otherwise set forth in a separate Order. 4.2 Proprietary License Rights. You agree that the Software is the Confidential Information of Coalition or its third-party licensors, providers or suppliers, which You shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and/or Confidential Information owned by Coalition or its third-party licensors, providers, or suppliers. You may not decompile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this limited license (pursuant to Section 4.1) is not a sale of intellectual property and that Coalition or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. We reserve the right to update the Software from time to time and You agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. 4.3 Term of License. Your limited license to use the Software pursuant to this Section 4 shall remain in full force and effect until it is terminated by Coalition, its third party licensors, providers or suppliers, or until this Agreement is terminated.

5. Web Scans 5.1 General. Users of the Services may be subject to Coalition’s automated service to scan domains in connection with the Services or Coalition Insurance Products (“Web Scans”). These Web Scans are conducted to ascertain the security posture of network devices and applications with Coalition determined security standards for the purpose of disclosing potential security vulnerabilities that may be present. Cybersecurity Web Scans may be performed for Users with the assistance of Coalition employees or its appointed contractors and may from time to time include additional probing and validation beyond the scope of Coalition’s Web Scans. In certain cases, the non-destructive exploitation of a vulnerability and/or minimal extraction of data from the target server may be conducted to support Coalition’s cybersecurity Web Scanfindings, or to confirm the validity of a vulnerability to You. Cybersecurity Web Scans typically include, but are not limited to, port scanning and port connections, evaluating services by checking versions and responses to certain requests, and crawling websites to perform testing of forms, application responses, or to confirm the existence of certain files. 5.2 Authorization for Web Scans. By utilizing the Services to perform Web Scans, You certify that You are authorized to act on behalf of the owner or licensee of, or are the authorized representative of an individual, business, or other legal entity having contractual usage rights granted by an ISP or Web Host owning or licensed to use, any and all domains and Internet Protocol addresses (the “IPs”), the associated computer hardware, network, storage, input/output or electronic control devices, or software installed on such devices (collectively, the “Devices”) to which You direct the Web Scans to be performed. 5.3 Limitation of Reports. The reports generated from the Web Scans (such as Coalition Risk Assessment and Coalition Health Monitoring) are meant to be taken as preliminary and indicative only, and should not be used as a substitute for a comprehensive cybersecurity audit. They are based on limited information gathered using the methodology described in this Section 5, and Coalition does not guarantee that these reports will be fully accurate, complete, or suitable for Your security audit purposes. Further limitations are set out in Section 9 below. 5.4 Operational Considerations for Web Scans. You acknowledge that depending on the number of ongoing requests We are performing and the nature of Your company’s infrastructure, performance of systems may be impacted.

6. User Responsibilities for Data Management, Devices and Software; User Representations 6.1 User Responsibilities for Data Management, Devices and Software. You understand and agree that You are solely responsible for the protection, storage, backup and security of User Data and any User’s Affiliate’s data, software, devices, computer network and other facilities, as well as Your choice of equipment, software and online content; and all other matters related to how You access and use the Services. You acknowledge and agree that the reliability, availability and performance of the Services accessed through the Internet, mobile devices or other web streaming devices are beyond Our control and are not in any way warranted or supported by Coalition or its third party licensors, providers and suppliers. In addition, You agree that Your use of the Services and Coalition Websites is solely at Your own risk and subject to all applicable local, state, national and international laws and regulations. YOU AGREE THAT NEITHER COALITION, NOR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE RESPONSIBLE FOR THE LOSS OF YOUR OR ANY THIRD PARTY DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR OR ANY THIRD PARTY DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOURS, OR YOUR PERMITTED DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED BY COALITION OR ANY THIRD PARTY'S CLOUD-BASED SERVICE. 6.2 User Representations. Unless expressly authorized by Coalition, by transmitting, uploading, posting or submitting any User Data using the Services, You (i) represent that such information is not confidential, secret or proprietary information belonging to someone else; (ii) warrant that no other party has rights to the information; and (iii) represent that when You transmit, upload or download, post or submit any content, images or data, said action does not (to Your knowledge) violate the copyright or trademark laws or any other third party rights.

7. Backup and Maintenance; Email Security. 7.1 Backup and Maintenance. Coalition reserves the right to (i) use, copy, display, store, transmit and reformat data transmitted over the Platform and Coalition’s network systems and to distribute such content to multiple Coalition servers; and (ii) access, copy, block or remove any unlawful content or other information User stored on or transmitted to or from the Platform (or in connection with the Services, where applicable), Coalition’s network systems, or any Coalition server, whether pursuant to a subpoena or otherwise. While we take all commercially reasonable precautions to avoid otherwise, and while Coalition shall maintain appropriate technical and organizational safeguards commensurate with the sensitivity of the User Data in order to protect the security, confidentiality and integrity of such User Data, We make no guarantee or warranty against loss, alteration or improper access. 7.2 Email Security. Coalition reserves the right in Our sole discretion to provide the level of security We deem appropriate to safeguard Our network and Users, and other Platform Users, against internet threats or abuses, including without limitations, viruses, spam, phishing, identity theft and any other potentially disabling or harmful threat or abuse. These security measures may include but are not limited to, the use of firewalls and blocklists to block potentially harmful or abusive emails or attachments, anti-spam filters, anti-virus or anti-spyware software, or blocking selected ports. Such activities may result in the blocking, filtering or non-delivery of legitimate and non-legitimate email sent to or from Your email account to Coalition. By emailing with any Coalition-provided email address, User agrees that delivery and receipt of email is not guaranteed.

8. Suspension, Termination, Change of Services 8.1 Suspension. This Agreement shall remain effective until termination in accordance with this Section or as otherwise specified herein. Coalition may immediately suspend Your access to, or use of, the Services if: (i) Coalition believes that there is a significant threat to security, integrity, functionality, or availability of the Services or any Coalition Data, content or applications in the Services (ii) User or User’s Affiliates are in breach of Section 4; or (iii) User fails to pay Coalition when undisputed fees are due; provided, however, Coalition will use commercially reasonable efforts under the circumstances to provide User with notice and, if applicable, an opportunity to remedy such violation prior to any such suspension. 8.2 Termination. Either party may terminate this Agreement upon 30 days’ written notice of a material breach by the other party, unless the breach is cured within the 30-day notice period. Prior to termination and subject to this Agreement, User shall have the right to access and download User Data available in a manner and in a format supported by the Terms of Service or Order, as applicable. Upon termination of this Agreement for any reason: (i) all User access and use rights granted under this Agreement will terminate; (ii) User must immediately cease use of the Services, terminate use of any account(s) to the Platform, de-install any Software and delete any data provided as part of Services; and (iii) User Data will be deleted in accordance with Our Privacy Policy unless otherwise agreed to between the parties. Sections 2, 4, 5, 8, 9, 10, 11, 14, and all liabilities that accrue prior to termination shall survive termination of this Agreement for any reason. We may, at Our sole discretion, refuse to accept Your subsequent request for Services following a termination or suspension of Your use of the Services. 8.3 Changes to Services. We reserve the right to change the Services (or any part thereof), at any time with or without notice to You. For the avoidance of doubt, possible change(s) to Services shall include making changes to the Platform or any features thereto. If such a change materially and adversely affects Your use of the Services, and We cannot reasonably mitigate the impact, then, as Your sole and exclusive remedy, You may terminate the Services without further obligation. Notwithstanding the foregoing, if You change or discontinue any Coalition Insurance Product, We may, in Our discretion, terminate Your Services.

9. Warranty ADVICE OR INFORMATION GIVEN BY COALITION, ITS REPRESENTATIVES OR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS SHALL NOT CREATE A WARRANTY. USE OF COALITION’S SERVICES (INCLUDING SUPPORT PROVIDED BY ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS) IS AT YOUR OWN RISK AND IS NOT WARRANTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COALITION AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE” BASIS. IN ADDITION, COALITION AND/OR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS APPLICABLE, DO NOT GUARANTEE THAT THE SERVICES CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE PROVISIONING AND PERFORMANCE (SPEED) OF THE SERVICES ARE SUBJECT TO NETWORK FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES AND NETWORK/INTERNET CONGESTION, AMONG OTHER FACTORS. IN THE EVENT THE SERVICES ARE NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR COALITION SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT. COALITION DOES NOT WARRANT THAT THE SERVICES PROVIDED BY COALITION WILL MEET YOUR NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. COALITION DOES NOT WARRANT THAT THE SERVICES WILL NOT BE NEGATIVELY AFFECTED BY NETWORK-RELATED ACTIVITIES INCLUDING BUT NOT LIMITED TO MODIFICATIONS, UPGRADES, MONITORING, SCANNING OR SIMILAR ACTIVITIES.

10. Indemnification 10.1 User Obligations. User agrees to indemnify us and hold Coalition, its Affiliates and their representatives, successors and assigns, harmless from and against all for any damages, costs, losses, liabilities and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to what We incur from any claim arising from (i) User’s use and User Affiliates’ use of the Services, or (ii) the use of the Services by others, including without limitation, violation of the copyrights, trademarks or other intellectual property rights of others, (iii) User’s combination of the Services with other products or services not provided by Coalition or its third party licensors, providers and suppliers, (iv) any modification by User or User Affiliates of the Services, (v) any breach by User or User Affiliates of this Agreement, or (vi) User’s violation of any law or the right of a third party. In such an event, User agrees to conduct the defense and control of the litigation and settlement, if any. However, User agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Coalition’s rights or interests without Coalition’s prior written consent. We agree to give User prompt notice of all claims and to reasonably cooperate at User’s sole cost in defending against the claim. User may not settle any claim under this Section which includes an admission of criminal liability by Coalition, its Affiliates or their representatives, successors and assigns without Coalition’s prior consent, or the payment of a settlement amount in Coalition’s name or on its behalf without the prior written permission of Coalition. 10.2 Coalition’s Obligations. Coalition shall at its cost and expense (i) defend and/or settle any claim brought against User by an unaffiliated third party alleging that the Services infringe or violate that third party’s intellectual property rights, and (ii) pay and indemnify any settlement of such claim or any damages awarded to such third party by a court of competent jurisdiction as a result of such claim; provided that User: (i) gives Coalition prompt written notice of such claim; (ii) permits Coalition to solely control and direct the defense or settlement of such claim (however, Coalition will not settle any claim in a manner that requires User to admit liability without User’s prior written consent); and (iii) provides Coalition all reasonable assistance in connection with the defense or settlement of such claim, at Coalition’s cost and expense. In addition, User may, at User’s own expense, participate in defense of any claim. 10.3 Remedies. If a claim covered under this Section occurs or in Coalition’s opinion is reasonably likely to occur, Coalition may at its expense and sole discretion (and if User’s access and use of the Services is enjoined): (i) procure the right to allow User to continue using the Services; (ii) modify or replace the Services to become non-infringing; or (iii) if neither (i) or (ii) is commercially practicable, terminate User’s license or access to the Services in accordance with this Agreement and if applicable, refund any portion of the any pre-paid, unused fees paid by User corresponding to any unused period of a Subscription/Order Term.

11. Limitation of Liability, Limitation of Damages 11.1 Limitation of Liability. IN NO EVENT SHALL COALITION OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR (A) ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY.NOTWITHSTANDING THE FOREGOING, COALITION ASSUMES NO LIABILITY FOR ANY IMPACTS THAT MAY OCCUR AS A RESULT OF THE AUTOMATED WEB SCANS. 11.2 Limitation on Damages. OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY NON-INSTALLATION, SECURITY BREACH, USER SYSTEM IMPACT, FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL TAXES) YOU HAVE PAID TO COALITION FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THESE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Third Party Beneficiaries ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO COALITION’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, each of which as a third party beneficiary of this Agreement is capable of enforcing the terms hereunder independently from Coalition.

13. Confidentiality 13.1 Definitions. In connection with this Agreement, each party (“Receiving Party”) may receive Confidential Information of the other party (“Disclosing Party”) or third parties to whom Disclosing Party has a duty of confidentiality. “Confidential Information” means non-public information in any form that is in the Receiving Party’s possession regardless of the method of acquisition that the Disclosing Party designates as confidential to Receiving Party or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and/or the circumstances surrounding the disclosure. 13.2 Exceptions. The following shall not be deemed Confidential Information: (i) information that was independently developed by the Receiving Party without use or reference to any of the Disclosing Party’s Confidential Information; (ii) information that is or was lawfully received from a third-party without a restriction on use; (iii) information that becomes or was part of the public domain through no breach of this Section 13 by the Receiving Party; or (iv) previously known to Receiving Party without an obligation of confidentiality and demonstrable by the Receiving Party. 13.3 Restrictions. The Receiving Party shall not, except as otherwise provided below: (i) use or reproduce the Disclosing Party’s Confidential Information for any purpose other than as required to perform the obligations or exercise the rights granted in connection with this Agreement; or (ii) disclose the Disclosing Party’s Confidential Information to any third-party without the prior written consent of the Disclosing Party, except to personnel, consultants, agents, and representatives of the Receiving Party or its Affiliates (collectively, “Representatives”) who have a need to know such information in connection to the Services, and the Receiving Party shall be responsible for the actions and omissions of such parties. Notwithstanding the foregoing, the Receiving Party may disclose the Disclosing Party’s Confidential Information to the extent required by law or legal process, but only after it, if permitted by law: (a) uses commercially reasonable efforts to notify the Disclosing Party of such requirement in writing; (b) gives the Disclosing Party the opportunity to challenge the requirement to disclose; and (c) cooperates with the Disclosing Party if the Disclosing Party seeks an appropriate protective order. 13.4 Protection. The Receiving Party shall: (i) use at least the same degree of care that the Receiving Party uses to protect its own Confidential Information of a similar nature and value, but no less than reasonable care to protect and maintain the Disclosing Party’s Confidential Information; (ii) hold Disclosing Party’s Confidential Information in strict confidence and shall not disclose the Confidential Information to any third party, other than to its Representatives, its Affiliates and their Representatives, subject to the other terms of this Agreement, and in each case who need to know such information and who are bound by restrictions regarding disclosure and use of such information comparable to and no less restrictive than those set forth herein; (iii) not use Disclosing Party’s Confidential Information for any purpose other than as set forth in this Agreement; and (iv) return or destroy all or part of the Disclosing Party’s Confidential Information in the Receiving Party’s possession or control only upon written request by the Disclosing Party; provided however, that Receiving Party, its Affiliates and their Representatives may retain any Confidential Information that: (a) they are required to keep for compliance purposes under a document retention policy or as required by applicable law, professional standards, a court, or regulatory agency; or (b) have been created electronically pursuant to automatic or ordinary course archiving, back-up, security, or disaster recovery systems or procedures.

14. Compliance with Law 14.1 Generally. You agree not to use, or permit others to use, the Services in ways that (i) violate any law or applicable regulation, this Agreement or Our other policies accessible on the Coalition Websites, (ii) infringe the rights of others, or (iii) interfere with the Users of Services that We provide on Coalition Website(s). By way of example and not limitation, You agree not to propagate computer worms, destructive programs or denial of service attacks or viruses; use a false identity; attempt to gain unauthorized entry to other computers, data or any site or network; distribute or store child pornography; distribute obscene or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Services, if applicable. 14.2 Termination or Suspension. We reserve the right to suspend or terminate the Services (or any portion thereof) with or without notice if Your use of the Services, in Our sole judgment, violates this Section 14 of the Agreement. 14.3 Response to Legal Process. We reserve the right to provide information about Your account and Your use of the Services to third parties to the extent required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring Your account and use of the Services, providing data obtained through Web Scans (defined above) and producing any other information in compliance with applicable law or lawfully issued subpoena. In addition, Coalition is required, subject to the extent and limitations set out by applicable law, to report any facts or circumstances reported to us or that We discover from which it appears there may be a violation of certain laws, including trade sanction, child pornography or data export laws.