In the event of a conflict between the terms of the Standard Terms & Conditions, Exhibit A and/or any applicable Order, the order of precedence shall be: (i) the Standard Terms & Conditions, (ii) Exhibit A, then (iii) the applicable Order.ġ.1 ACCESS AND USE OPTIONS AND RESTRICTIONS. Capitalized terms used but not defined in the Standard Terms & Conditions are defined in Exhibit A.

This Agreement includes the Standard Terms & Conditions below (“ Standard Terms & Conditions”), Exhibit A, and any applicable Order, all of which are hereby incorporated into this Agreement by reference.

Customer’s use, and BeyondTrust’s provision, of the “ Software or Other Offerings” (as that term is defined in Exhibit A) is governed by the terms and conditions of this Agreement. This Agreement is effective as of the Effective Date, as that term is defined in Exhibit A (“Defined Terms”), which is attached to and made a part of this Agreement by this reference. BeyondTrust and Customer are also hereafter sometimes referred to individually as a “ Party” and collectively as the “ Parties”.

This Software License and Subscription Agreement (this “ Agreement”) is a contract between BeyondTrust Corporation, a Delaware corporation (“ BeyondTrust”) and the other business entity executing this Agreement” (“ Customer”). BY CLICKING “ACCEPTED AND AGREED TO,” CUSTOMER ACCEPTS AND AGREES TO THESE TERMS AND CONDITIONS. IMPORTANT – PLEASE REVIEW CAREFULLY THE TERMS OF THIS SOFTWARE LICENSE AND SUBSCRIPTION AGREEMENT.

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