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<br />SERVICENOw EXPRESS GENERAL TERMS AND CONDITIONS
<br />2.3 USE VERIFICATION. Customer may not use or otherwise access the Subscription Service in a manner that
<br />exceeds Customer's authorized use. ServiceNow may review Customer's use of the Subscription Service, and Customer shall
<br />provide any reasonable assistance to verify Customer's compliance with the Agreement. If ServiceNow determines that
<br />Customer has exceeded its permitted use of the Subscription Service then ServiceNow will notify Customer and within thirty
<br />(30) days thereafter Customer shall either: (i) disable any unpermitted use or (ii) purchase additional subscriptions. If
<br />Customer fails to regain compliance within such thirty (30) day period, ServiceNow may suspend Customer's use of the
<br />Subscription Service or terminate the Agreement for cause in accordance with Section 7 (Term and Termination), in additionto
<br />any other rights or remedies ServiceNow may have.
<br />3. GRANT OF USE RIGHTS; OWNERSHIP; CUSTOMER RESTRICTIONS
<br />3.1. SUBSCRIPTION SERVICE. Customer is authorized to use the Subscription Service limited by the
<br />purchased amount and subscription term ("Subscription Term") on the Order Form and the Product Overview.
<br />3.2. DOCUMENTATION. ServiceNow grants to Customer a non-exclusive, non -transferable, worldwide right
<br />during the Subscription Term to access and use the documentation relating to the operation and use of the Subscription
<br />Service that is provided by ServiceNow to Customer under the Agreement, as updated by ServiceNow from time to time
<br />("Documentation").
<br />3.3. CUSTOMER DATA. Customer grants ServiceNow a non-exclusive, non -transferable, worldwide right to use
<br />the electronic data pertaining to Customer and/or its users that is processed using the Subscription Service (collectively
<br />"Customer Data") strictly for the limited purpose of providing the Subscription Service to Customer.
<br />3.4. SOFTWARE. ServiceNow may provide ServiceNow software products ("Software') for use in connection
<br />with the Subscription Service. Any Software is licensed and not sold (even if for convenience ServiceNow makes reference to
<br />words such as "sale" or "purchase"). ServiceNow grants Customer a limited, personal, worldwide, non-sublicensable, non-
<br />transferable, non-exclusive license to install and execute the Software on machines operated by or for Customer solely to
<br />permit Customer to use the Subscription Service during the Subscription Term in accordance with the terms and conditions of
<br />the Agreement. The Software may include code that is licensed under third party license agreements, including open source
<br />made available or provided with the Software.
<br />3.5. OWNERSHIP. As between ServiceNow and Customer, all rights, title, and interest in and to all intellectual
<br />property rights in the Subscription Service, Software and/or Documentation are owned exclusively by ServiceNow. Except as
<br />expressly provided in the Agreement, ServiceNow does not grant Customer (and expressly reserves) any rights, express or
<br />implied, or ownership in the Subscription Service, Software and/or Documentation. ServiceNow shall have a royalty -free,
<br />worldwide, non-exclusive, transferable, sub -licensable, irrevocable, perpetual right to make, use, sell, offer for sale, import, or
<br />otherwise incorporate into the Subscription Service, Software and/or Documentation, any suggestions, enhancements,
<br />recommendations or other feedback provided by Customer relating to the Subscription Service, Software and/or
<br />Documentation.
<br />3.6. RESTRICTIONS. Customer shall not (and shall not permit others to) do the following with respect to the
<br />Subscription Service, Software or Documentation: (i) license, sub -license, sell, re -sell, rent, lease, transfer, distribute or time
<br />share or otherwise make any of them available for access by third parties; (ii) disassemble, reverse engineer, decompile or
<br />modify them or otherwise create derivative works thereof; (iii) access them for the purpose of developing products or services
<br />that compete with the Subscription Service; (iv) use them to operate more or different type of applications or platform not
<br />authorized under the Agreement; (v) use them to create, use, send, store or run viruses or other harmful computer code, files,
<br />scripts, agents or other programs or engage in any other malicious act; (vi) disrupt their security, integrity or operation; (vii)
<br />remove or modify a copyright or other proprietary rights notice in them; (viii) use them to reproduce, distribute, display, transmit
<br />or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) withoutfirst
<br />obtaining the permission of the owner; (ix) use them to damage the property of another; (x) use them in any manner which
<br />violates any law or regulation of the United States, any state thereof or other government authority; (xi) use them in any
<br />manner that disables, hacks or otherwise interferes with any security, digital signing, digital rights management, verification or
<br />authentication mechanisms or (xii) use them in a manner that temporarily or permanently alters, erases, removes, copies,
<br />modifies, halts or disables any ServiceNow or third party data, software or network.
<br />4. WARRANTIES
<br />4.1. LIMITED SUBSCRIPTION SERVICE WARRANTY. ServiceNow warrants that during the Subscription Term
<br />Customer's production instances of the Subscription Service shall materially conform to the Product Overview. To submit a
<br />warranty claim under this Section, Customer shall (1) reference this Section; and (2) submit a support request to resolve the
<br />non -conformity as provided in the Subscription Service Guide, which is set forth on www.servicenow.com/be_schedules.do. If
<br />the non -conformity persists without relief more than thirty (30) days after written notice of a warranty claim provided to
<br />SERVICENOw PROPR ETARY AND CONFIDENTIAL Page 2 (version 10/21//2014)
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