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EXHIBIT B-3 <br />SUBSCRIPTION TERMS FOR FIREEYE THREAT ANALYTICS PLATFORM (TAP) <br />The following terms govern the Threat Analytics Platform Subscription, including purchase and support of TAP <br />Cloud CollectorTm Appliances and Support. <br />1. TAP Software, Alerts <br />1.1.1 TAP Software and Hardware. As part of the TAP Subscription, FireEye may deliver to Customer one or <br />more software files (individually and collectively, "TAP Software"), and/or one or more "Cloud Collector" <br />hardware appliances ("Cloud Collector Appliances"), which may contain TAP Software. Subject to full payment <br />of all Fees associated with the TAP Subscription, FireEye grants to Customer a non-exclusive, limited right and <br />license to install and run the TAP Software during the Subscription Term solely for purposes of using the TAP <br />Subscription in accordance with the Documentation for the TAP Subscription. <br />1.1.2 Access; Customer Logs. FireEye will provide Customer with credentials to enable access to the TAP <br />Subscription. Using the TAP Software, and subject to payment of Fees for the TAP Subscription and any Cloud <br />Collector Appliances, Customer may upload Customer Logs to the TAP portal ("TAP Portal"). "Customer Logs" <br />means any communications, logs and other content and information that Customer or anyone using Customer's <br />account contributes to or through the TAP Portal. Customer grants to FireEye a perpetual, irrevocable, worldwide, <br />paid -up, non-exclusive license and right to reproduce, modify, create derivative works from, publish, distribute, <br />sell, sub -license, transmit, publicly display and provide access to Customer Logs, for purposes of enhancing <br />FireEye's products and services, so long as (i) FireEye ensures that any Customer Confidential Information is <br />removed from Customer Logs, and (ii) FireEye's use of Customer Logs does not in any way identify Customer or <br />its employees or in any other way allow a third party to identify Customer as the source of the Customer Logs. <br />Customer Logs are Customer's property, and other than the licenses granted in herein, FireEye does not obtain <br />any ownership rights in Customer Logs. <br />1.1.3 TAP Alerts. Some features of the TAP Subscription may generate alerts of suspected malicious activity <br />(each, a "TAP Alert"). TAP Alerts are FireEye Materials. FireEye hereby grants to Customer a limited, non-exclusive <br />right to use TAP Alerts, and reproduce and distribute those TAP Alerts internally for Customer's own business <br />purposes. <br />1.1.4 Cloud Collector Management. If Customer has installed Cloud Collectors in connection with the TAP <br />Subscription, then FireEye will continuously monitor the Customer's Cloud Collector Appliances or Cloud Collector <br />TAP Software for system health issues such as monitoring to ensure proper throughput and relay of data. <br />1.1.5 Cloud Collector Appliances. If the Customer has purchased Cloud Collector Appliances, then during the <br />TAP Subscription Term, FireEye will replace any defective Cloud Collector Appliances as follows: <br />a) Prior to any return, Customer shall verify that the Cloud Collector Appliance at issue is defective by logging <br />a Support request via one of the mechanisms provided in the Documentation and in accordance with <br />FireEye's RMA procedures, including providing the part number, serial number, quantity and reason for <br />return, an explanation of all failure symptoms and other relevant information. <br />b) Upon confirmation by FireEye of a defect, Customer shall obtain from FireEye an RMA number. FireEye <br />shall ship via a recognized express courier service a replacement Cloud Collector Appliance to Customer <br />to arrive no later than next business day after FireEye's issuance of an RMA number, provided the RMA <br />number was issued prior to the business day cutoff time local to the defective Cloud Collector Appliance, <br />provided the replacement does not require any custom pre -configuration, and provided no external-to- <br />FireEye circumstances prevent the delivery. The replacement Cloud Collector Appliance may be a new <br />or reconditioned Cloud Collector Appliance (of equivalent or better quality) at FireEye's sole discretion. <br />c) FireEye shall pay the shipping costs to ship the replacement Cloud Collector Appliance to Customer, but <br />Customer shall bear any and all risk of loss of or damage to said Cloud Collector Appliance at all times <br />after said Cloud Collector Appliance is made available by FireEye to the common carrier. <br />Confidential FireEye Rev. 8/2016 <br />Page 25 <br />