Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription

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2.10 Exclusions. Notwithstanding anything else contained in this Agreement to the contrary, FreEye shall have no obligation or responsibility to provide the Subscription for (i) Products for which Customer does not have an active Subscription in place; (ii) Products that the Customer for FreEye or another third party on Customer's behalf) has configured with a one-way feed of FireEye's Dynamic Threat Intelligence (DTI) Subscription: (iii) Products with an installed FreEye operating system less than version 6.2; (iv) Products that have been declared end of life; (v) Products that have no active Support Service in place; (vi) Products for which software updates have not been applied; (vii) Products that have not been installed and deployed; or (viii) Products that are misconfigured or incorrectly deployed, which prevents the Products from monitoring the Covered Systems. Customer acknowledges that to facilitate FreEye's efficient performance of the Subscription. FireEye may control some features and functionality of the Products, and that such features or functionality may not be available for Customer's independent use during the Subscription Term. FoaS Portal Availability 3.1 FreEye shall undertake commercially reasonable efforts to ensure the FaaS Portal availability for 99.9%of the time during each calendar month. 3.1.1 "Service Outage" iswhere the FaaS Portal is not available due to a failure or a disruption in the FaaS Portal That is not the result of Scheduled Maintenance, Emergency Maintenance, a force majeure event or of the act or omission of Customer. 3.1.2 "Scheduled Maintenance Period" is the period during which weekly scheduled maintenance of the FaaS Portal may be performed, or a maintenance window otherwise mutually agreed upon by FreEye and Customer. 3.1.3 "Emergency Maintenance' means any time outside of Scheduled Maintenance that FreEye is required to apply critical patches orfixes or undertake other urgent maintenance. If Emergency Maintenance is required, FreEye will contact Customer and provide the expected time frame of the Emergency Maintenance and availability of the FaaS Portal during the Emergency Maintenance. 3.1.4 "System Availability' means the percentage of total time during which the FaaS Portal shall be available to Customer, excluding the Scheduled Maintenance Period, Emergency Maintenance, force majeure events, or acts or omissions of the Customer that cause system downtime. 3.2. Remedy 3.2.1 In the event That the FaaS Portal does not meet the monthly service availability defined in 3.1, FreEye will provide a credit to the Customer in accordance to the table below ("Credit") fora validated SLA Claim (defined below). Percent of FaaS Portal Availability per Calendar Month Service Credif <99.9% 2% <99.0% 5% <98.0% 10% 3.2.2 For determining the Credit, the duration of a Service Outage will be measured as the Time starting when Customer experiences a disruption in availability of the FaaS Portal and ending when a successful solution or workaround allowing for full restoration of the FaaS Portal is provided by FreEye to Customer. Customer must notify FreEye in writing of any Service Outage no later Than fifteen (15) days after The calendar month in which the Service Outage occurred ("SLA Claim") to be entitled to a Credit for that Service Outage. 3.2.3 Any Credits earned by Customer hereunder will be applied to the Subscription Fees owed by Customer for the next Subscription Term for which the Credit applies. If Credits cannot be applied to future Subscription Fees because the Subscription Term has terminated for non -renewal or for a material uncured breach by Customer, such credits shall become null and void. If Credits cannot be applied to future Subscription Fees because the Subscription Term has terminated due to a material uncured breach by FireEye, FireEye will promptly pay Customer the amount of the Credit. ConfideMial FireEye Rev. 812016 Page 23