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3.1.4 "System Availability' means the percentage of total time during which the TAP Portal shall be available to
<br />Customer, excluding the Scheduled Maintenance Period, Emergency Maintenance, force majeure events, or
<br />acts or omissions of the Customer that cause system downtime.
<br />3.2. Remedy
<br />3.2.1 In the event That the TAP Portal does not meet the monthly service availability defined in 6.1, FireEye will
<br />provide a credit to the Customer in accordance to the table below ("Credit") fora validated SLA Claim (defined
<br />below).
<br />Percent of TAP Portal Availability per Calendar Month
<br />Service Credit
<br /><99.9%
<br />2%
<br /><99.0%
<br />5%
<br /><98.0%
<br />10%
<br />3.2.2 For determining the Credit, the duration of a Service Outage will be measured as the Time starting when
<br />Customer experiences unavailability of the TAP Portal and ending when a successful solution or workaround
<br />allowing for full restoration of the TAP Portal is provided by FireEye to Customer. Customer must notify FireEye in
<br />writing of any Service Outage no later Than fifteen (15) days after the date the Service Outage occurred ("SLA
<br />Claim") to be entitled to a Credit for that Service Outage.
<br />3.2.3 Any Credits earned by Customer hereunder will be applied to the Subscription Fees owed by Customer
<br />for the next Subscription Term for which the Credit applies. If Credits cannot be applied to future Subscription
<br />Fees because the Subscription Term has terminated for non -renewal or for a material uncured breach by
<br />Customer, such credits shall become null and void. If Credits cannot be applied to future Subscription Fees
<br />because the Subscription Term has terminated due to a material uncured breach by FireEye, FireEye will promptly
<br />pay Customer the amount of the Credit.
<br />3.2.4 Customer shall not be entitled to receive a Credit that exceeds 10%of its prorated monthly Subscription
<br />Fee for a Service Outage for the applicable calendar month.
<br />4. FireEye Intelligence Center'"' (FICTm), Community Threat IntelligenceTm (CTITm) During the Subscription
<br />Term, FireEye will provide access to the FireEye Intelligence Center (FIC), which includes the Community Threat
<br />Intelligence (CTI) platform, subject to the following:
<br />i. Permitted Use; Reports. Customer may view and use TIC and content appearing on FIC ("FIC Content')
<br />solely for infernal use. Some features of FIC may allow Customer to generate a report (each, a "FIC
<br />Report"). FIC Reports and FIC Content are FireEye Materials. Subject to Customer's payment obligations.
<br />FireEye grants to Customer a limited, non-exclusive right to produce FIC Reports and FIC Content using
<br />FIC, and reproduce and distribute those FIC Reports and FIC Content internally for Customer's own
<br />business purposes.
<br />ii. Additional Use Limitations. Customer may appoint up to fifteen (15) users of FIC at any time. Each day,
<br />all users on Customer's account may collectively make up to (A) one hundred (100)queries of IP addresses
<br />and domain names, and (ii) one hundred (100) queries of malware. Customer may request additional
<br />queries, to be evaluated by FireEye on a case by case basis.
<br />User Content. "User Content' means any communications, images, sounds, and all the material and
<br />information That Customer or anyone using Customer's account contributes to or through FIC including
<br />any contributions to or through the CTI platform (e.g., comments to FIC Content, suspected malware that
<br />Customer uploads to FIC). Customer hereby grants FireEye a perpetual, irrevocable, worldwide, paid -up,
<br />non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt,
<br />modify, translate, reformat, create derivative works from, publish, distribute, sell, license, transmit, publicly
<br />display, publicly perform, or provide access to electronically, broadcast, display, perform, and use and
<br />practice such User Content as well as all modified and derivative works thereof. Customer represents that
<br />Customer has all necessary rights to grant the license referenced in the preceding sentence. FireEyemay
<br />use and disclose any of the information it collects about its customers' use of FIC, including the CTI
<br />platform, to the extent such information is de -identified.
<br />ConfideMial FireEye Rev. 812016
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