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6.1. Ownership of FireEye Materials; Restrictions. All Intellectual Property Rights in FireEye Materials,
<br />Products, Deliverables, Documentation, and Subscriptions belong exclusively to FireEye and its licensors.
<br />Customer will not (and will not allow any third party to): (i) disassemble, decompile, reverse compile, reverse
<br />engineer or attempt to discover any source code or underlying ideas or algorithms of any FireEye Materials
<br />(except to the limited extent that applicable law prohibits reverse engineering restrictions); (ii) sell, resell,
<br />distribute, sublicense or otherwise transfer, the FireEye Materials, or make the functionality of the FireEye Materials
<br />available to any other party through any means (unless otherwise FireEye has provided prior written consent), (iii)
<br />without the express prior written consent of FireEye, conduct any benchmarking or comparative study or analysis
<br />involving the FireEye Materials ("Benchmarking") for any reason or purpose except, to the limited extent
<br />absolutely necessary, to determine the suitability of Products or Subscriptions to interoperate with Customer's
<br />internal computer systems, (iv) disclose or publish to any third party any Benchmarking or any other information
<br />related thereto; (v) use the FireEye Materials or any Benchmarking in connection with the development of
<br />products, services or subscriptions that compete with the FireEye Materials; or (vi) reproduce, alter, modify or
<br />create derivatives of the FireEye Materials. Between Customer and FireEye, FireEye shall retain all rights and title
<br />in and to any Indicators of Compromise FireEye developed by or for FireEye in the course of providing
<br />Subscriptions or performing Services.
<br />6.2. Third Party Materials. Customer acknowledges that Products and Subscriptions may include Third
<br />Party Materials. FireEye represents that these Third Party Materials will not diminish the license rights provided
<br />herein or limit Customer's ability to use the Products and Subscriptions in accordance with the applicable
<br />Documentation, and neither the inclusion of Third Party Materials in any Product or Subscription or use of Third
<br />Party Materials in performance of Services will create any obligation on the part of Customer to license
<br />Customer's software or products under any open source or similar license.
<br />7. WARRANTIES.
<br />7.1. Product Warranty. FireEye warrants to Customer that during the one (1) year period following the
<br />shipment of the Products, the Products will perform substantially in accordance with the applicable
<br />Documentation. The warranty stated in this Section 7.1 shall not apply if the Product has: (i) been subjected to
<br />abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage,
<br />improper handling or use contrary to any instructions issued by FireEye; (ii) been repaired or altered by persons
<br />other than FireEye; (iii) not been installed, operated, repaired and maintained in accordance with the
<br />Documentation; or (iv) been used with any third party software or hardware which has not been previously
<br />approved in writing by FireEye. If during the one-year Product warranty period: (a) FireEye is notified promptly in
<br />writing upon discovery of any error in a Product, including a detailed description of such alleged error; (b) such
<br />Product is returned, transportation charges prepaid, to FireEye's designated manufacturing facility in
<br />accordance with FireEye's then -current return procedures, as set forth by FireEye from time to time; and (c)
<br />FireEye's inspections and tests determine that the Product contains errors and has not been subjected to any of
<br />the conditions set forth in 7.1 (i)-(iv) above, then, as Customer's sole remedy and FireEye's sole obligation under
<br />the foregoing warranty, FireEye shall, at FireEye's option, repair or replace without charge such Product. Any
<br />Product that has either been repaired or replaced under this warranty shall have warranty coverage for the
<br />remaining warranty period. Replacement parts used in the repair of a Product may be new or equivalent to
<br />new.
<br />7.2. Services Warranty. FireEye warrants to Customer that Services will be performed in a professional
<br />manner in accordance with industry standards for like services. If Customer believes the warranty stated in this
<br />Section has been breached, Customer must notify FireEye of the breach no later than thirty (30) days following
<br />the date the Services were performed, and FireEye will promptly correct or re -perform the Services, at FireEye's
<br />expense.
<br />7.3. Subscription Warranty. FireEye warrants to Customer the Subscriptions will be provided in a
<br />professional manner in accordance with industry standards for similar subscriptions. If Customer believes the
<br />warranty stated in this Section has been breached, Customer must notify FireEye of the breach no later than thirty
<br />(30) days following the date the warranty was allegedly breached, and FireEye will promptly correct the non-
<br />conformity, at FireEye's expense.
<br />Confidential FireEye Rev. 8/2016
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