On-Premise Customer Agreement

Updated June 9th, 2026

This On-Premise Customer Agreement (“Agreement”) is entered into between Conduktor Inc., a Delaware corporation having its principal offices at 224 W 35th Street, Ste 500 #2947, New York, NY 10001 ("Conduktor"), and the entity or individual who purchases or otherwise obtains access to the Conduktor Software ("Customer").

Customer agrees to be bound by this Agreement by any of the following: (a) completing a purchase through Conduktor's online platform; (b) clicking a button or checking a box indicating acceptance; (c) executing or referencing an Order that incorporates this Agreement; (d) issuing a purchase order that references this Agreement or an Order governed by it; (e) subscribing to the Conduktor Software through a third-party marketplace under a listing that references this Agreement; or (f) accessing or using the Conduktor Software. The earliest of these events is the "Effective Date".

If you are executing this Agreement on behalf of an entity, you represent and warrant that you have authority to bind that entity to the terms of this Agreement.

This Agreement governs all Orders placed by Customer under it. Each Order incorporates and is subject to the terms of this Agreement. Certain capitalised terms are defined in Section 1. Others are defined contextually.

1\. DEFINITIONS

2.1 Permitted Use. During the Subscription Term, Conduktor grants Customer and its Authorised Users a limited, non-exclusive, non-sublicensable, non-transferable licence to use the Conduktor Software solely for Customer's internal business purposes, in accordance with the Documentation, the Privacy Policy and this Agreement, including any usage limits stated in an Order.

2.2 Usage Metrics. The commercial metric governing Customer's subscription is identified in the applicable Order. Where the Order identifies the licensed product as Conduktor Console, the subscription is licensed by the number of Authorised Users. Where the Order identifies the licensed product as Conduktor Gateway, the subscription is licensed by the number of Kafka clusters connected to or proxied through the Gateway. The maximum permitted number of Authorised Users or clusters (as applicable) is set out in the Order. Customer may add Authorised Users or clusters beyond the limits in the Order by placing a new Order or upgrading through the Conduktor online platform, subject to payment of any additional Fees. Creating multiple organisations to circumvent usage limits is not permitted.

2.3 Credentials and Responsibility. Customer is responsible for keeping Authorised User login credentials confidential, for its Authorised Users' compliance with this Agreement and for any actions taken through their accounts. Subject to this Agreement, Customer may permit its third-party service providers to use the Conduktor Software solely to provide outsourced services back to Customer; Customer remains solely responsible for such service providers' compliance with this Agreement.

2.4 Administrators. Customer may designate certain Authorised Users as administrators with control over Customer's account, as described in the Documentation. Customer is fully responsible for its choice of administrators and any actions they take.

2.5 Customer Affiliates. Customer's Affiliates may use the Conduktor Software in accordance with this Agreement and any Order. Customer and each of its Affiliates are jointly and severally liable for the acts and omissions of such Affiliates and their Authorised Users in connection with this Agreement. Only Customer may bring any claim against Conduktor on behalf of its Affiliates.

2.6 Restrictions. Customer shall not, and shall not permit any Authorised User or third party to (a) sublicense, sell, distribute or pledge the Conduktor Software or any rights under this Agreement; (b) use the Conduktor Software for third-party training, software-as-a-service, time-sharing or service bureau purposes; (c) provide access to the Conduktor Software to anyone other than an Authorised User; (d) use any third-party software (including open-source software) in conjunction with the Conduktor Software in a way that subjects the Conduktor Software to any third-party licence, or that requires public disclosure or distribution of the Conduktor Software; (e) modify, translate, create derivative works from, disassemble, decompile or reverse engineer the Conduktor Software, or otherwise attempt to obtain its source code, except to the extent required by applicable law, provided Customer first gives Conduktor prior written notice; (f) input or transmit through the Conduktor Software any information or materials that are unlawful, injurious or that contain harmful code; or (g) use the Conduktor Software in any manner that infringes intellectual property rights or violates applicable Laws.

2.7 Reseller. Customer may only acquire licences for resale to end users under a separate written reseller agreement with Conduktor.

2.8 Delivery. The Conduktor Software and any updates or maintenance releases will be delivered by electronic means only.

3\. SUPPORT

3.1 Support. During the Subscription Term, Conduktor will provide support services in accordance with Schedule 1 (Support Terms) to this Agreement.

3.2 Channels. All support requests must be submitted through the in-software support functionality where available, or via email to support@conduktor.io. Support is provided in English during Regular Business Hours.

3.3 Excluded Support. Conduktor is not obligated to provide support where: (a) the Conduktor Software has been modified by anyone other than Conduktor; (b) Customer has changed its operating environment in a way that adversely affects the Conduktor Software without following Conduktor's prerequisites; (c) Customer is using the Conduktor Software in a manner for which it was not designed or as not authorised under this Agreement; (d) the issue arises from third-party software, hardware or networks not supplied by Conduktor; or (e) the issue results from internet connectivity problems or a force majeure event.

3.4 Updates. Conduktor will make updates to the Conduktor Software available to Customer via the Conduktor customer portal as and when generally released. Customer is responsible for installing updates. 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, 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. Conduktor warrants upward compatibility of updates and that updates will not result in a material reduction in the functionality or performance of the Conduktor Software during the Subscription Term.

3.5 Beta and Trial Features. Conduktor may invite Customer to try beta services or features under development ("Beta Features") at no charge. Beta Features are for evaluation only, are not covered by this Agreement's warranties, service levels or indemnities, and may be discontinued at any time in Conduktor's sole discretion. Conduktor's total liability for Beta Features will not exceed USD 500. Beta Features are clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import.

4\. COMMERCIAL TERMS

4.1 Subscription Term and Renewal. Unless otherwise specified in the applicable Order, each Subscription Term will automatically renew for successive periods equal to the expiring Subscription Term unless either party gives the other written notice of non-renewal at least 60 days before the end of the then-current Subscription Term. Upon any renewal, Conduktor may increase the Fees to Conduktor’s then-current list price for the applicable Conduktor Software (and any applicable support or other charges) as of the renewal start date, unless the applicable Order expressly sets different renewal pricing.

4.2 Fees and Payment. Fees are as set out in each Order and, except as otherwise provided in this Agreement, are non-cancellable and non-refundable and no right of set-off exists. Fees are invoiced on the schedule set out in the Order and are due within 30 days of the invoice date. Conduktor may charge Customer 1.5% per month on all Fees not paid on time.

4.3 Payment Disputes. Customer may dispute an invoice in good faith by written notice to Conduktor within 30 days of the invoice date, identifying the disputed amount and the reason. Customer shall pay all undisputed amounts by the due date. Unless prohibited by applicable law, Customer shall also pay the disputed amount when due and the parties will work in good faith to resolve the dispute within 30 days of the dispute notice. If Conduktor determines that Customer has overpaid, Conduktor will, at Customer’s election, promptly refund the overpaid amount or issue a credit against the next invoice (and, where required by applicable law, include interest). Conduktor will not charge late fees in respect of amounts genuinely in dispute, provided Customer cooperates diligently to resolve the dispute.

4.4 Taxes. All Fees are exclusive of all applicable sales, use, value-added, goods and services, withholding, excise or similar taxes or government charges ("Taxes"). Customer shall pay Conduktor any applicable Taxes listed on the relevant invoice, which are in addition to the Fees.

4.5 Order Precedence. In the event of conflict between this Agreement and an Order, the Order prevails, except that no Order may modify or override Sections 7 (Ownership and Feedback), 10 (Limitation of Liability), 6 (Confidentiality) or 12.7 (Governing Law and Jurisdiction) without a signed written amendment to this Agreement executed by authorised representatives of both parties.

5\. CUSTOMER DATA AND USAGE DATA

5.1 On-Premise Deployment. The Conduktor Software is deployed and operated within Customer's own environment. Conduktor does not access, store, transmit or process Customer Data in the ordinary course of providing the Conduktor Software. Customer Data remains at all times within Customer's environment and under Customer's control. For clarity, in connection with Customer’s on-premise deployment, Conduktor does not access, receive, or otherwise process any personal data contained in Customer Data in the ordinary course of providing the Conduktor Software, and Conduktor does not act as a processor of such personal data for Customer. Conduktor has no licence or right in Customer Data, except that where Customer voluntarily transmits Customer Data to Conduktor in connection with a support request under Section 3, Conduktor may use such Customer Data solely as necessary to respond to that request, Customer will not provide (and will ensure its Authorised Users do not provide) personal data in any support request or related materials, except to the extent strictly necessary, and in that case Customer will minimise such personal data and where practicable anonymise or redact it prior to transmission.

5.2 Usage Data. Customer acknowledges and agrees that Conduktor may collect and use Usage Data for analytical purposes and to operate, maintain and improve the Conduktor Software including for maintaining, improving, and securing the Conduktor Software and monitoring product performance and diagnosing technical issues. Conduktor may use Usage Data for product improvement, benchmarking, analytics and other internal business purposes. Usage Data does not include Customer Data. To the extent the Conduktor Software is configured to collect and transmit Usage Data (including technical telemetry) to Conduktor’s servers, such Usage Data will be limited to technical and operational information relating to use of the Conduktor Software and will not intentionally include Customer’s business data, message content, or the personal data of Customer’s end users. Conduktor may generate aggregated and/or anonymised analytics from Usage Data. Conduktor will not sell Usage Data to third parties.

5.3 Software Security. Conduktor maintains reasonable technical and organisational measures relating to the development, build and distribution of the Conduktor Software, including secure software development practices, vulnerability identification and remediation, and adherence to internationally recognised security frameworks such as SOC 2 at the corporate level. Conduktor's security obligations relate to the Conduktor Software itself and to the processing of Usage Data; they do not extend to securing Customer Data in Customer's environment.

5.4 Customer Obligations. Customer is responsible for: (a) the content, accuracy and lawfulness of Customer Data; (b) securing the environment in which the Conduktor Software is deployed, including network, infrastructure, access controls and credentials of Authorised Users; and (c) complying with applicable Laws in using the Conduktor Software.

6\. CONFIDENTIALITY

6.1 Obligations. Each party will, during the term of this Agreement and thereafter, keep confidential all Confidential Information of the other party and will not use it for any purpose other than performing its obligations or exercising its rights under this Agreement, nor disclose it to any third party without the prior written consent of the other party (except to professional advisors or as required by law or a regulatory authority). The Conduktor Software and the terms and conditions of this Agreement are Conduktor's Confidential Information. Each party may disclose Confidential Information to its employees, agents, contractors and other representatives who have a legitimate need to know and are bound by confidentiality obligations no less protective than this Section 6.

6.2 Exceptions. These obligations do not apply to information that: (i) is or becomes publicly known other than through a breach of this Agreement; (ii) the Receiving Party created independently without reference to the Disclosing Party's Confidential Information; (iii) was already lawfully known to the Receiving Party at the time of disclosure; or (iv) is required to be disclosed by law or court order, provided the Receiving Party gives prompt prior written notice and reasonable assistance to enable the Disclosing Party to seek a protective order.

6.3 Remedies. Any breach or threatened breach of this Section may cause irreparable harm. The Disclosing Party is entitled to seek injunctive or other equitable relief without the requirement to prove actual damages or post bond, in addition to any other remedies available at law or in equity.

7\. OWNERSHIP AND FEEDBACK

7.1 Conduktor and its licensors retain all intellectual property and other rights in the Conduktor Software, Documentation and related Conduktor technology, including any modifications or improvements. No rights or licences are granted to Customer except as expressly set out in this Agreement.

7.2 Customer is under no obligation to provide any suggestions, enhancement requests or other feedback ("Feedback"). If Customer chooses to provide Feedback, Customer grants Conduktor a perpetual, irrevocable, non-exclusive, worldwide, fully paid, sublicensable and assignable licence to incorporate or otherwise use the Feedback without restriction or obligation. Customer irrevocably waives, to the fullest extent permitted by applicable law, any moral rights in the Feedback.

7.3 Conduktor acknowledges that Feedback is provided on an "as-is" basis with no warranties. Feedback constitutes Conduktor's Confidential Information.

8\. WARRANTIES

8.1 Performance Warranty. Conduktor warrants to Customer that, when used in accordance with this Agreement and the Documentation, the then-current, unmodified Conduktor Software will perform materially in accordance with the Documentation during the Subscription Term.

8.2 Warranty Remedy. If Conduktor breaches the Performance Warranty and Customer makes a reasonably detailed warranty claim within 30 days of discovering the issue, Conduktor will use reasonable efforts to correct the non-conformity. If Conduktor cannot do so within 60 days of Customer's warranty claim, either party may terminate the affected Order. Conduktor will then refund to Customer any prepaid, unused Fees for the terminated portion of the Subscription Term. These procedures are Customer's exclusive remedy and Conduktor's entire liability for breach of the Performance Warranty. The Performance Warranty does not apply to issues caused by: (a) misuse, use not in accordance with this Agreement or the Documentation, or unauthorised modifications; (b) third-party software, hardware or systems; or (c) Beta Features.

8.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, THE CONDUKTOR SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". CONDUKTOR MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

9\. INDEMNIFICATION

9.1 Conduktor Indemnity. Conduktor will, at its own expense, defend or settle any claim brought against Customer by a third party to the extent it is based on an allegation that the Conduktor Software, as updated from time to time and used in accordance with this Agreement, infringes any patent, copyright or trade secret of that third party. Conduktor will indemnify Customer for damages, costs and reasonable attorneys' fees assessed against Customer in a final judgment exclusively attributable to such claim. These obligations are conditional on: (a) Customer promptly notifying Conduktor in writing of the claim; (b) Conduktor having exclusive control of the defence and any settlement; and (c) Customer providing reasonable assistance at Conduktor's expense. Customer shall not settle any claim without Conduktor's prior written approval.

9.2 Exclusions. Conduktor shall not defend, indemnify or hold Customer harmless for any claim if: (a) Customer made modifications to the Conduktor Software; (b) such claim would have been avoided by use of the then-current release of the Conduktor Software made available to Customer; (c) Customer continued the allegedly infringing activity after being provided with modifications that would have avoided the infringement; or (d) such claim is based on Customer's output.

9.3 Remediation. If Conduktor defends or settles an infringement claim under Section 9.1, Conduktor's sole obligation (in addition to the indemnity) is, at its option: (a) repair, replace or modify the affected Conduktor Software; or (b) procure for Customer the right to continue using the affected Conduktor Software. If neither remedy is commercially feasible in Conduktor's reasonable opinion, Conduktor may cancel the applicable Order and refund the licence Fees paid for the affected Conduktor Software.

9.4 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.

10\. LIMITATION OF LIABILITY

10.1 Consequential Damages Waiver. Except for Excluded Claims, neither party (nor its suppliers) will have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, revenues or goodwill, interruption of business, or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance.

10.2 Liability Cap. Except for Excluded Claims, each party's (and its suppliers') entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid or payable by Customer to Conduktor during the 12 months immediately prior to the event giving rise to such liability.

10.3 Excluded Claims. "Excluded Claims" means: (a) Customer's breach of Section 2.6 (Restrictions) or Section 5.4 (Customer Obligations); (b) either party's breach of Section 6 (Confidentiality); (c) amounts payable under Conduktor's indemnification obligations in Section 9; (d) either party's wilful misconduct; or (e) Conduktor's acts or omissions resulting in death or personal injury.

10.4 Failure of Essential Purpose. The waivers and limitations in this Section 10 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and survive and apply even if any limited remedy in this Agreement fails of its essential purpose.

11\. TERM AND TERMINATION

11.1 Term. This Agreement starts on the Effective Date and continues until the expiration or termination of all Subscription Terms.

11.2 Termination for Cause. Either party may terminate this Agreement (including all Orders) by written notice if the other party: (a) fails to cure a material breach of this Agreement (including failure to pay Fees) within 30 days after written notice of such breach; (b) ceases operations without a successor; or (c) becomes subject to any bankruptcy, insolvency, receivership or similar proceeding that is not dismissed within 60 days. Notwithstanding the foregoing, any breach by Customer of Section 2.6 (Restrictions) will entitle Conduktor to terminate this Agreement immediately upon written notice.

11.3 Effect of Termination. On expiration or termination of this Agreement or an Order, all of Customer's rights to use the Conduktor Software cease immediately. Where Customer terminates for Conduktor's material breach under Section 11.2(a), Conduktor will refund Customer a pro-rata portion of any prepaid Fees covering the remainder of the applicable Subscription Term after the effective date of termination. In all other termination scenarios, Fees are non-refundable. Within five days of termination, Customer must return or, at Conduktor's election, destroy or render inaccessible all of Conduktor's Confidential Information, discontinue use of the Conduktor Software and uninstall all copies. Nothing in this Section limits any other remedies Conduktor may have, or relieves Customer of obligations incurred prior to termination.

11.4 Survival. The following Sections survive expiration or termination of this Agreement: 1, 2.6, 4.2, 4.3, 5.4, 6, 7, 8.3, 9, 10, 11.3, 11.4 and 12. Exercising a remedy under this Agreement does not limit other remedies a party may have.

12\. GENERAL TERMS

12.1 Publicity. 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 all goodwill arising therefrom inures to the sole and exclusive benefit of Customer). Customer may withdraw this right at any time by emailing support@conduktor.io; requests will be processed within 10 Business Days, 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 other's name, logo or trademarks without prior written consent.

12.2 Assignment. Customer may not assign or transfer this Agreement or any of its rights or obligations without Conduktor's prior written consent. Any purported assignment without consent is null and void. Conduktor may assign this Agreement to a successor to its business by merger, asset sale, sale of stock or reorganisation without consent. This Agreement binds the parties and their permitted successors and assigns.

12.3 Subcontractors. Conduktor may use subcontractors and permit them to exercise Conduktor's rights under this Agreement. Conduktor remains responsible for subcontractors' compliance with this Agreement and for its overall performance.

12.4 Force Majeure. Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, floods, fires, earthquakes, pandemics, wars, terrorism, civil unrest, strikes, labour stoppages or governmental action. The affected party will promptly notify the other in writing when such an event causes a delay or failure and when it ceases to do so. If such an event continues for more than three consecutive calendar months, either party may terminate this Agreement by written notice. This Section does not excuse either party's obligation to make payments due under this Agreement.

12.5 Anti-Corruption and Trade Compliance. Each party warrants that it will comply with all applicable anti-corruption, anti-money-laundering, economic sanctions, export controls and other international trade laws and regulations. Each party represents that it (and, in Customer's case, its Authorised Users) is not on any government prohibited, denied, unverified-party, sanctions, debarment or exclusion list. Customer will immediately discontinue use of the Conduktor Software and remove Authorised Users' access if Customer or any Authorised User is placed on any such list. Either party may terminate this Agreement immediately upon written notice if the other party breaches this Section.

12.6 Export Controls. Customer may not export or re-export the Conduktor Software or any underlying information or technology except in full compliance with applicable Laws. The Conduktor Software may not be exported: (a) into any country to which the United States has embargoed goods; or (b) to any person on the US Treasury Department's list of specially designated nationals or the US Commerce Department's list of prohibited parties. Customer represents and warrants that it is not located in, under control of, or a national or resident of any such country or on any such list.

12.7 Governing Law and Jurisdiction. This Agreement is governed by the laws of the State of New York, without reference to its conflict-of-law principles. Both parties submit to the exclusive jurisdiction of the state and federal courts sitting in the City and County of New York in relation to any dispute arising out of or in connection with this Agreement. The UN Convention on Contracts for the International Sale of Goods is excluded.

12.8 Notices. Notices under this Agreement must be in writing and are deemed given: (a) upon personal delivery or overnight courier; (b) three Business Days after first-class, registered or certified mail, postage prepaid; or (c) when sent by email to the address on record. Customer is responsible for keeping its contact details current. Notices to Conduktor must be sent to legal@conduktor.io.

12.9 Insurance. During the Subscription Term, Conduktor will maintain industry-standard commercial insurance coverage.

12.10 Entire Agreement and Amendments. This Agreement (including all Orders and the Privacy Policy) is the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements. Any amendments must be in writing and signed by authorised representatives of both parties. Conduktor may update the Privacy Policy with notice to Customer, but updates will not materially decrease Conduktor's overall obligations during a Subscription Term. Customer purchase orders or vendor management portal terms have no legal effect on this Agreement and are expressly rejected by Conduktor.

12.11 Waivers and Severability. Waivers must be in writing signed by the waiving party's authorised representative and cannot be implied from conduct. If any provision of this Agreement is found invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the remainder of the Agreement remains in full force.

12.12 Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement creates an agency, partnership or joint venture. Neither party has authority to make representations or create obligations on behalf of the other.

12.13 Class Action and Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. UNLESS THE PARTIES AGREE OTHERWISE, CLAIMS MAY NOT BE CONSOLIDATED. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OF ANY KIND.

12.14 US Government Restricted Rights. If the Conduktor Software is licensed by the US Government, it is deemed to be "commercial computer software" and "commercial computer documentation" developed exclusively at private expense. Civilian agencies: subject to 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors. Department of Defense: subject to 48 C.F.R. 227.7202-2, DOD FAR Supplement and its successors.

12.15 Third-Party Software. Conduktor makes certain third-party open-source software available alongside the Conduktor Software. Such third-party software is subject to its applicable open-source licences and not this Agreement, and is provided at no charge. The Conduktor Software may contain links to third-party websites, services or software, provided for convenience only. Conduktor is not responsible for any such third-party content. Customer accesses third-party content at its own risk.

12.16 Construction. Section headings are for convenience only. "Including" and similar terms are to be construed without limitation. No rule of construction resolving ambiguity against the drafting party applies.

SCHEDULE 1 — SUPPORT TERMS

1. Scope. During the Subscription Term, Conduktor will provide support services to Customer in accordance with this Schedule. Support is available during Regular Business Hours only. All support is provided in English.
2. Submitting Requests. Support requests must be submitted through the in-software support functionality where available, or via email to support@conduktor.io. Requests submitted outside Regular Business Hours will be addressed when Regular Business Hours resume.
3. Response Times. Conduktor will use reasonable efforts to provide an initial response to all support requests within 48 Business Hours of receipt. An initial response is an acknowledgement of receipt and the beginning of work on the issue. Full resolution time may be longer and is not guaranteed.
4. Updates. Updates are provided in accordance with Section 3.4 of the Agreement. Conduktor will provide support under this Schedule for each update for one year from the date of its commercial release.
5. Excluded Support. The exclusions set out in Section 3.3 of the Agreement apply to support provided under this Schedule.