# EULA

Updated June 5th, 2026

This End User License Agreement ("**Agreement**") is a legal agreement between you (either an individual or an entity) ("**Customer**") and Conduktor Inc., a Delaware corporation ("**Conduktor**"), and governs your access to and use of the Conduktor software products made available by Conduktor for download under a free license (collectively, "**Conduktor Software**"). Certain Conduktor Software is licensed on a perpetual basis and certain Conduktor Software is licensed for a fixed term, in each case as specified in the applicable product documentation or on the Conduktor website. This Agreement applies to Free Licenses of the Conduktor Software. Conduktor's hosted or cloud-based services ("**SaaS Services**") are not covered by this Agreement and are governed by separate terms available at our [SaaS Services EULA](https://www.conduktor.io/legal/eula-saas). Use of and access to the Conduktor Software is conditioned upon your compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations. Your use of the Conduktor Software indicates your acceptance of this Agreement. We may modify this Agreement (including any policies we reference) at any time by posting a revised version on the Conduktor website or by otherwise notifying you in accordance with Section 10.7. The modified Agreement will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Conduktor Software after the effective date of any modifications to this Agreement, you agree to be bound by the modified Agreement. We last modified this Agreement on the date listed at the beginning of this agreement.

IF YOU ARE AN INDIVIDUAL AGREEING TO THE TERMS OF THIS AGREEMENT ON BEHALF OF AN ENTITY, SUCH AS YOUR EMPLOYER, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY AND "CUSTOMER" SHALL REFER HEREIN TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SOFTWARE.

**1\. LICENSE**

1.1 **License Grant.** Subject to the terms of this Agreement, Conduktor grants to Customer a limited, non-exclusive, non-sublicensable, non-transferable license during the applicable Term (as defined below) to download, install, and use the Conduktor Software on Customer's own infrastructure, solely for Customer's internal business operations. Subject to the restrictions set forth in Section 1.5 below, Customer may permit its third-party service providers to use the Conduktor Software to provide outsourced services to Customer, and Customer will be solely responsible for such service provider's compliance with this Agreement. "**Named User**" means any unique licensed user of the Conduktor Software who is authorized by the Customer to access or use the Conduktor Software.

1.2 **Additional Restrictions and Limitations.** Customer shall not, and shall not permit or encourage any of Customer's Named Users, or any employee, contractor, consultant, or third party to:

(a) sublicense, sell, distribute or pledge the Conduktor Software or any of the rights under this Agreement;

(b) use the Conduktor Software other than as expressly permitted by this Agreement, or for third-party training, SaaS, hosting, managed-service, time-sharing, or service bureau use (but using third-party infrastructure providers solely to host Customer's own internal deployment is permitted);

(c) provide access to the Conduktor Software to anyone other than a Named User; any access to or use of the Conduktor Software by a person who is not a Named User is a material breach of this Agreement;

(d) use any third-party or open-source software in conjunction with the Conduktor Software in a manner that would subject the Conduktor Software to any open-source or third-party license requiring its public disclosure, distribution, or licensing for derivative works;

(e) modify, translate, decrypt, create derivative works from, disassemble, decompile, or reverse-engineer the Conduktor Software, or otherwise attempt to access its source code or underlying ideas, algorithms, structure, or organization (except to the extent applicable law prohibits this restriction);

(f) bypass or breach any security device or protection used by the Conduktor Software, or access or use it other than as a Named User with valid credentials; share, transfer, or disclose any Named User credentials; permit any other person to use a Named User account or credentials; or use shared logins or shared accounts;

(g) input, upload, transmit, or otherwise provide to or through the Conduktor Software any unlawful or injurious information or materials, or any harmful code;

(h) use the Conduktor Software in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other right of any person, or that violates any applicable law.

1.3 **License Restrictions; Reservation of Rights.** Conduktor reserves the right to restrict, disable, or revoke Customer's license to use the Conduktor Software in its sole discretion, and without liability to Customer, and may provide notice where practicable; provided that Conduktor may take such action immediately and without prior notice in the event: (a) Conduktor reasonably believes that Customer's use of the Conduktor Software may result in liability to Conduktor or adversely affect the integrity, functionality, or security of the Conduktor Software; or (b) Customer is in breach of this Agreement. Conduktor is not responsible for any damages, liabilities, or losses of Customer resulting from any such restriction, disablement, or revocation. Conduktor reserves all rights not expressly granted in this Agreement. No rights are granted by implication.

1.4 **Usage Limits.** The Conduktor Software is subject to usage limits as specified in the applicable product documentation or on the Conduktor website (including limits on the number of clusters, users, or other metrics), which usage limits are incorporated by reference into, and form part of, this Agreement as binding contractual restrictions for the applicable Conduktor Software. Customer shall not exceed, or attempt to circumvent, any such usage limits, including by creating multiple accounts or organizations or deploying multiple instances of the Conduktor Software, and any such exceeding or circumvention is a material breach of this Agreement.

1.5 **Number of Users.** Where a product limits the number of Named Users, Customer shall not exceed the Named User limit specified in the product, applicable product documentation or on the Conduktor website. Use of the Conduktor Software by more Named Users than permitted under this Agreement is available only under a separate paid license agreement with Conduktor. The right of a Named User to use the Conduktor Software may not be assigned to a new user of the Customer, except if an existing Named User's relationship with the Customer has been severed.

1.6 **Delivery of Materials.** The Conduktor Software, and any versions, updates, or maintenance releases of any component thereof, will be made available for download by Customer from the Conduktor website or other distribution channel designated by Conduktor. Customer is solely responsible for downloading, installing, and configuring the Conduktor Software on Customer's infrastructure. Customer will install (a) updates designated by Conduktor as security, critical or hotfix updates within 30 days after being made available, and (b) all other updates within 90 days after being made available (or such other period specified by Conduktor in writing for a particular update). If Customer fails to timely install an update, (i) Conduktor may decline to provide support for the affected issue(s) to the extent they are caused by or would have been avoided by installing the update, and may require Customer to first install the applicable update as a condition to providing support; (ii) Conduktor will have no responsibility for any vulnerability, non-conformity, error, outage or other issue to the extent caused by Customer's failure to install the update; and (iii) to the extent permitted by law, any warranty, compatibility or indemnity obligations under this Agreement will not apply to claims or issues that would have been avoided by use of the then-current update made available to Customer.

1.7 **Support and Maintenance.** Conduktor is not obligated to provide maintenance or support services for the Conduktor Software licensed under this Agreement. Customer may access community support resources (such as documentation, forums, or community channels) to the extent Conduktor makes them available, but Conduktor provides no guarantee of response or resolution. In the event that Conduktor, in its sole discretion, elects to make available any updates or maintenance releases of the Conduktor Software for download, such updates or maintenance releases will be considered Conduktor Software under this Agreement. Customer is solely responsible for determining whether to install any such updates. Where Conduktor identifies a material security vulnerability in the Conduktor Software, Conduktor will use reasonable efforts to publish a security advisory and, where available, a remedial update, within a reasonable timeframe.

1.8 **Preview Releases.** Conduktor may invite Customer to try pre-release versions of the Conduktor Software or features under development ("**Beta Features**") at no charge. Customer may accept or decline any such invitation at Customer's sole discretion. Beta Features will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a description of similar import. Beta Features are for evaluation purposes only and not for production use, and are not considered Conduktor Software under this Agreement, are not supported, and may be subject to additional terms. Conduktor may discontinue Beta Features at any time in Conduktor's sole discretion. Conduktor is under no obligation to release a generally available version of any Beta Feature. Conduktor will have no liability for any harm or damage arising out of or in connection with any Beta Feature.

**2\. USER AND PERFORMANCE DATA**

2.1 **Telemetry Data.** Certain features of the Conduktor Software are configured to collect and transmit technical telemetry and usage data to Conduktor's servers ("**Telemetry Data**"). Telemetry Data includes information such as feature usage patterns, error logs, performance metrics, and deployment configuration data. Telemetry Data does not intentionally include Customer's business data, message content, or the personal data of Customer's end users. Conduktor will process Telemetry Data solely for the following purposes: (a) maintaining, improving, and securing the Conduktor Software; (b) monitoring product performance and diagnosing technical issues; and (c) generating aggregated and anonymized product analytics. Conduktor will not sell Telemetry Data to third parties.

2.2 **License Registration Data.** Where the Conduktor Software is licensed for a fixed term, Customer must provide a valid email address as part of the license registration process. Conduktor may use such email address to communicate with Customer regarding license expiry, renewal, and material product updates directly related to Customer's deployment. Customer may opt out of non-essential communications at any time by contacting [support@conduktor.io](mailto:support@conduktor.io). It is Customer's responsibility to keep such email address current.

2.3 **Personal Data.** Conduktor does not, under this Agreement, access, receive, or otherwise process any personal data contained in Customer's use of its on-prem deployment of the Conduktor Software, and Customer is solely responsible for any personal data it inputs into, uploads to, or otherwise processes using the Conduktor Software in its on-prem environment. Conduktor does not act as a data processor for Customer in connection with such on-prem processing.

Notwithstanding the foregoing, Conduktor may process License Registration Data as described above. For purposes of License Registration Data, Conduktor acts as an independent data controller and will process such data in accordance with applicable data protection laws.

**3\. OWNERSHIP**

Customer acknowledges that Conduktor or its licensors retain all proprietary rights, title and interest, including all intellectual property rights, in and to the Conduktor Software and any changes, corrections, bug fixes, enhancements, updates and other modifications to it made by or on behalf of Conduktor (collectively, "**Modifications**"), and as between the parties all such rights will vest in Conduktor. For clarity, "Modifications" do not include, and Conduktor does not claim any ownership interest in, Customer's data or Customer's independent configurations, scripts, integrations, connectors or other materials that Customer develops that do not incorporate Conduktor Confidential Information or Conduktor code. Customer acknowledges that the licenses granted in Section 1 are limited in scope as set out in that Section.

**4\. FINANCIAL TERMS**

4.1 The Conduktor Software licensed under this Agreement is provided at no charge. Conduktor reserves the right to introduce fees for features or usage tiers not covered by this Agreement; any such fees will be subject to a separate agreement.

4.2 To the extent any fees become payable in connection with use of the Conduktor Software, such fees are exclusive of all applicable taxes and government charges, which Customer will be responsible for paying.

**5\. FEEDBACK**

Customer is under no duty to provide any suggestions, enhancement requests, or other feedback regarding the Conduktor Software ("**Feedback**"). If Customer chooses to offer Feedback to Conduktor, Customer grants Conduktor a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into the Conduktor Software or otherwise use any Feedback Conduktor receives from Customer. Conduktor acknowledges that any Feedback is provided on an "as-is" basis with no warranties of any kind. Feedback will constitute Confidential Information of Conduktor for purposes of Section 6.

**6\. CONFIDENTIALITY**

6.1 **Nondisclosure and Limited Use.** "**Confidential Information**" means non-public information disclosed by one party to the other under this Agreement that is: (a) marked as confidential or proprietary in writing; (b) if disclosed orally, confirmed as confidential in writing (including email) within thirty (30) days; or (c) information that a reasonable recipient would understand to be confidential. The Conduktor Software and Modifications are Conduktor's Confidential Information. Each party agrees to: (a) keep the other party's Confidential Information confidential; (b) use it only to perform its obligations under this Agreement; and (c) not disclose it to any third party, except to employees and subcontractors who need access and are bound by confidentiality obligations at least as protective as this Section. Each party must promptly notify the other of any unauthorized disclosure or use and take reasonable steps to help remedy it. These confidentiality obligations do not apply to information that: (i) is or becomes publicly available without breach of this Agreement; (ii) the receiving party independently developed without reference to the disclosing party's Confidential Information; (iii) the receiving party lawfully obtained from another source without confidentiality restrictions; or (iv) must be disclosed by law or court order, provided the receiving party gives prompt notice and reasonable assistance so the disclosing party can seek a protective order. Either party may also disclose Confidential Information to its agents, attorneys, and other representatives (subject to confidentiality obligations at least as protective as this Section) or to any court as reasonably required to resolve a dispute under this Agreement.

6.2 **Remedies.** A breach or threatened breach of this Section may cause harm that cannot be adequately remedied by monetary damages alone. In such cases, the disclosing party may seek injunctive or other equitable relief without having to prove actual damages or post a bond, in addition to any other remedies available at law.

**7\. INDEMNITY**

7.1 If a third party brings a claim against Customer alleging that the Conduktor Software (as updated by Conduktor and used in accordance with this Agreement) infringes a patent, copyright, or trade secret, Conduktor will, at its own expense, defend or settle the claim. Conduktor will also cover damages, costs, and reasonable attorneys' fees awarded against Customer in a final judgment arising from such a claim. These obligations are subject to: (i) Customer promptly notifying Conduktor in writing of the claim; (ii) Conduktor having exclusive control over the defense and any settlement; and (iii) Customer providing reasonable assistance (at Conduktor's expense). Customer may not settle any such claim without Conduktor's prior written approval.

7.2 Conduktor's indemnity obligations under Section 7.1 do not apply if the claim arises because: (a) Customer modified the Conduktor Software; (b) Customer did not use the most current release of the Conduktor Software made available by Conduktor, and the current release would have avoided the claim; (c) Customer continued the allegedly infringing activity after Conduktor provided a modification that would have avoided it; (d) the claim is based on Customer's output; or (e) the claim arises from the combination of the Conduktor Software with any software, service, technology, content, data, or materials not provided by Conduktor, if the claim would not have arisen but for such combination.

7.3 If Conduktor defends or settles an infringement claim under Section 7.1, Conduktor's sole obligation (in addition to the indemnity) and Customer's exclusive remedy will be for Conduktor, at its own expense, to either: (a) repair, replace, or modify the affected Conduktor Software so it is no longer infringing; or (b) obtain for Customer the right to continue using the affected Conduktor Software. If neither option is commercially feasible (in Conduktor's reasonable opinion), Conduktor may terminate this Agreement and the license for the affected Conduktor Software.

7.4 **Customer Indemnity.** Customer will defend, indemnify and hold harmless Conduktor, its Affiliates, and each of their respective licensors, officers, employees and agents from and against any and all third-party claims, demands, suits or proceedings, and all related damages, losses, liabilities, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: any allegation that Customer Data, or Customer's processing, transmission, storage or other handling of Customer Data, violates applicable Laws or infringes, misappropriates or otherwise violates any third-party rights; Customer's breach of this Agreement, including any breach of the Restrictions or Customer Obligations, any breach of Customer's export controls and sanctions obligations, or any use of the Conduktor Software in violation of applicable Laws; Customer's systems, networks, infrastructure, configurations, or access controls (including any security incident, unauthorised access, or failure to maintain appropriate security measures in Customer's environment); or Customer's output, or Customer's use of the Conduktor Software in combination with any third-party products, services, software, systems or data, to the extent the claim would not have arisen but for such output or combination. This Customer indemnity is in addition to, and does not limit or narrow, Conduktor's indemnification obligations. Indemnity Procedures. Conduktor will promptly notify Customer in writing of any claim for which Conduktor seeks indemnification under this Customer indemnity; provided that any failure to provide prompt notice will not relieve Customer of its obligations except to the extent Customer is materially prejudiced by such failure. Customer will have sole control of the defence and settlement of the claim and will pay all defence costs and any settlement amounts or damages awarded; provided that Customer may not settle any claim in a manner that admits fault or liability on behalf of, or imposes any obligation on, Conduktor or any of its Affiliates without Conduktor's prior written consent (not to be unreasonably withheld or delayed). Conduktor will provide reasonable cooperation in the defence of the claim at Customer's expense.

**8\. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY**

8.1 **Disclaimer of Any Warranties.** CONDUKTOR MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE CONDUKTOR SOFTWARE OR ANY OTHER MATERIALS PROVIDED HEREUNDER. CONDUKTOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE CONDUKTOR SOFTWARE IS PROVIDED ON AN "AS IS" BASIS.

8.2 **Limitation of Liability.** IN NO EVENT SHALL CONDUKTOR'S LIABILITY ARISING UNDER THIS AGREEMENT EXCEED $500. CONDUKTOR WILL NOT BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS, CONTRACTS, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY CLAIM OR DEMAND BY ANY OTHER PARTY, HOWEVER CAUSED AND (TO THE FULLEST EXTENT PERMITTED BY LAW) UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) EVEN IF CONDUKTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

**9\. TERM AND TERMINATION**

9.1 **Term.** This Agreement will be effective as of the date Customer first downloads or installs any Conduktor Software (the "**Effective Date**"). (a) Perpetual License. Where the applicable product documentation or the Conduktor website specifies that Conduktor Software is licensed on a perpetual basis, the license for such Conduktor Software will continue in perpetuity unless terminated in accordance with Section 9.2 below. (b) Fixed-Term License. Where the applicable product documentation or the Conduktor website specifies that Conduktor Software is licensed for a fixed term, the license for such Conduktor Software will be valid for one (1) year from the date of license registration (each such period, a "**License Term**"). Upon expiry of a License Term, Customer must apply for a new license in accordance with the process specified in the applicable product documentation or on the Conduktor website in order to continue using such Conduktor Software. There is no automatic renewal. If Customer does not obtain a new license before the expiry of the then-current License Term, Customer's right to use the applicable Conduktor Software will cease upon such expiry. The period during which Customer is authorized to use any Conduktor Software under this Agreement (whether perpetual or for a fixed term) is referred to as the "**Term**". For the avoidance of doubt, neither a perpetual license nor a fixed-term license obligates Conduktor to continue distributing, maintaining, updating, or supporting the Conduktor Software.

9.2 **Termination.** In respect of Conduktor Software licensed for a fixed term, the license will automatically terminate upon expiry of the applicable License Term if Customer has not obtained a new license in accordance with Section 9.1(b). The license will immediately terminate if Customer breaches Section 1 of this Agreement, regardless of whether Conduktor notifies Customer of such termination. In addition, Conduktor may terminate this Agreement and the license upon written notice if Customer fails to comply with any material term of this Agreement and does not cure the default within ten (10) days after written notice of such default to the Customer. Conduktor may also terminate this Agreement immediately if the Customer: (a) terminates or suspends its business; (b) becomes subject to any bankruptcy or insolvency proceeding under Federal or state statute; (c) becomes insolvent or subject to direct control by a trustee, receiver or similar authority; or (d) has wound up or liquidated, voluntarily or otherwise.

9.3 **Effect of Termination or Expiry.** The provisions of this Agreement that by their nature extend beyond the termination or expiry of a license will survive such termination or expiry. Upon termination of this Agreement or expiry of an applicable License Term, all of Customer's rights in the affected Conduktor Software will terminate immediately, and Customer must immediately discontinue all use of the affected Conduktor Software. No later than five (5) days after such termination or expiry, Customer must destroy, delete, or render inaccessible, at Customer's sole expense, all Confidential Information of Conduktor relating to the affected Conduktor Software and materials containing any such Confidential Information, and uninstall the affected Conduktor Software, including all copies thereof. For the avoidance of doubt, expiry of a License Term for one Conduktor Software product does not affect Customer's rights in any other Conduktor Software licensed under this Agreement. Nothing in this Section limits any other remedies Conduktor may have for Customer's default under this Agreement, or relieves Customer of obligations that arose before termination or expiry.

**10\. MISCELLANEOUS**

10.1 **Assignment.** Customer may not assign or transfer this Agreement, or any rights or obligations under it, without Conduktor's prior written consent. Any attempted assignment without that consent will have no effect. Conduktor may assign this Agreement to a successor to its business or relevant assets, whether by merger, sale, reorganization, or otherwise. Subject to this Section, this Agreement binds and benefits both parties and their respective successors and permitted assigns.

10.2 **Entire Agreement; Modification; Waiver.** This Agreement is the complete agreement between the parties on its subject matter and supersedes all prior agreements and understandings, whether written or oral. No third party gains any rights under this Agreement. Customer acknowledges that it has not entered into this Agreement based on any representations other than those contained in it. Except as described in the preamble (regarding Conduktor's right to modify this Agreement by posting or notice), no amendment or waiver will be effective unless in writing and signed by both parties. Waiving or delaying enforcement of any right on one occasion does not waive that right on any future occasion.

10.3 **Third Party Software.** Conduktor also makes available certain third party open source software ("**Third Party Software**"). The Third Party Software is subject to the applicable open source license(s) and not this Agreement, and is provided by Conduktor at no charge. To the extent the terms of open source licenses applicable to Third Party Software prohibit any of the restrictions in this Agreement, such restrictions will not apply to such Third Party Software. To the extent the terms of open source licenses applicable to Third Party Software require Conduktor to make an offer to provide source code or related information in connection with the Third Party Software, such offer is made.

10.4 **Governing Law.** This Agreement is governed by the laws of the State of New York (without regard to conflict-of-law rules). Any disputes arising under this Agreement will be resolved exclusively in the federal or state courts located within the City and County of New York, New York, and Customer consents to the jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

10.5 **Severability.** If any provision of this Agreement is held invalid or unenforceable under applicable law by a court of competent jurisdiction, it will be replaced with the valid provision that most closely reflects the intent of the parties and the remaining provisions of the Agreement will remain in full force and effect.

10.6 **Relationship of the Parties.** Nothing in this Agreement is to be construed as creating an agency, partnership, or joint venture relationship between the parties. Neither party has the right or authority to create obligations, make representations, or bind the other party in any way.

10.7 **Notices.** All notices under this Agreement must be in writing and will be considered delivered: (a) when delivered in person or by overnight courier; (b) three (3) business days after being mailed by first class, registered, or certified mail (postage prepaid) to the address specified in this Agreement or another address either party provides in writing; or (c) when sent by email. It is Customer's responsibility to keep its email address(es) current. Customer will be deemed to have received any email sent to the email address then associated with Customer's account when Conduktor sends the email, whether or not Customer actually receives the email. Notices to Conduktor should be sent via email to [legal@conduktor.io](mailto:legal@conduktor.io).

10.8 **U.S. Government Restricted Rights.** If Conduktor Software is being licensed by the U.S. Government, the Conduktor Software is deemed to be "commercial computer software" and "commercial computer documentation" developed exclusively at private expense, and (a) if acquired by or on behalf of a civilian agency, will be subject solely to the terms of this computer software license as specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; and (b) if acquired by or on behalf of units of the Department of Defense ("DOD") will be subject to the terms of this commercial computer software license as specified in 48 C.F.R. 227.7202-2, DOD FAR Supplement and its successors.

10.9 **Export Law Assurances.** Customer understands that the Conduktor Software is subject to export control laws and regulations. Customer may not download or otherwise export or re-export the Conduktor Software or any underlying information or technology except in full compliance with all applicable laws and regulations, in particular, but without limitation, United States export control laws. None of the Conduktor Software or any underlying information or technology may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of specially designated nationals or the U.S. Commerce Department's list of prohibited countries or debarred or denied persons or entities. Customer agrees to the foregoing and represents and warrants that Customer is not located in, under control of, or a national or resident of any such country or on any such list.

10.10 **Construction.** Section headings are for convenience only and do not affect interpretation. Neither party will be treated as the drafter of this Agreement for purposes of resolving any ambiguity. The word "including" means "including, without limitation."

10.11 **Force Majeure.** In no event will Conduktor be liable to Customer, or be considered to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Conduktor's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

**11\. PUBLICITY RIGHTS**

Conduktor may identify Customer as a user of the Conduktor Software and may use Customer's name, logo, and other trademarks in Conduktor's customer list, press releases, blog posts, advertisements, and website (and any goodwill arising from such use belongs exclusively to Customer). Customer can deny Conduktor this right at any time by submitting a written request via email to [support@conduktor.io](mailto:support@conduktor.io), requesting to be excluded from Conduktor promotional material. Requests may take thirty (30) calendar days to process, and such withdrawal will apply prospectively only. Following processing of such request, Conduktor will use commercially reasonable efforts to cease new uses and to remove Customer's name, logo and other trademarks from Conduktor-controlled websites and other Conduktor-controlled marketing materials within such timeframe; provided that Conduktor will not be required to recall, retract, or delete any materials already published or printed prior to processing the request, or any materials not under Conduktor's control (including third-party posts or publications and paid advertisements already placed). Neither party may otherwise use the name, logo, or other trademarks of the other party for any purpose without the other party's prior written approval.

This website is operated by Conduktor Inc.

If you have any questions, complaints, or concerns about how your information is handled, or would like to exercise any of your rights for yourself or on behalf of someone else, please email us at

#### support@conduktor.io