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CONFIDENTIAL

OEM LICENSE AGREEMENT

*** IMPORTANT INFORMATION – PLEASE READ CAREFULLY ***

This Software contains computer programs and other proprietary material and information, the use of which is

subject to and expressly conditioned upon acceptance of this License Agreement (the “Agreement”).

This Agreement is a legally binding document between you (meaning the individual person or the entity that the

individual represents that has obtained the Software for its internal productive use and not for outright resale)

(the “Customer”) and RSA (which means (i) RSA Security LLC, if Customer is located in the United States, Mexico

or South America; (ii) the local EMC Corporation sales subsidiary, if Customer is located outside the United

States, Mexico or South America and in a country in which EMC Corporation has a local sales subsidiary; and

(iii) EMC Information Systems International (“EISI”), if Customer is located outside United States, Mexico or South

America and in a country in which EMC Corporation does not have a local sales subsidiary). Unless RSA agrees

otherwise in writing, this Agreement governs Customer's use of the Software, except to the extent all or any

portion of the Software is: (a) the subject of a separate written agreement set forth in a quotation issued by RSA;

or (b) governed by a third party licensor’s terms and conditions. Capitalized terms have meaning stated in the

Agreement.

By clicking on the “Agree” or “Accept” or similar button at the end of this Agreement, or proceeding with the

installation, downloading, use or reproduction of this Software, or authorizing any other person to do so, you are

representing to RSA that you are (i) authorized to bind the Customer; and (ii) agreeing on behalf of the Customer

that the terms of this Agreement shall govern the relationship of the parties with regard to the subject matter in

this Agreement and are waiving any rights, to the maximum extent permitted by applicable law, to any claim

anywhere in the world concerning the enforceability or validity of this Agreement.

If you do not have authority to agree to the terms of this Agreement on behalf of the Customer, or do not accept

the terms of this Agreement on behalf of the Customer, click on the “Cancel” or “Decline” or other similar button

at the end of this Agreement and/or immediately cease any further attempt to install, download or use this

Software for any purpose, and remove any partial or full copies made from this Software.

1. DEFINITIONS.

A. “Affiliate” means a legal entity that is controlled by, controls, or is under common “control” of RSA or Customer. “Control” means

more than 50% of the voting power or ownership interests.

B. “Confidential Information” means and includes the terms of this Agreement and Software and all confidential and proprietary

information of RSA or Customer, including without limitation, all business plans, product plans, financial information, software,

designs, and technical, business and financial data of any nature whatsoever, provided that such information is marked or designated in

writing as “confidential,” “proprietary,” or any other similar term or designation. Confidential Information does not include

information that is (i) rightfully in the receiving party’s possession without obligation of confidentiality prior to receipt from the

disclosing party, (ii) a matter of public knowledge through no fault of the receiving party, (iii) rightfully furnished to the receiving

party by a third party without restriction on disclosure or use; or (iv) independently developed by the receiving party without use of or

reference to the disclosing party's Confidential Information.

C. “Distributor” means a reseller, distributor, system integrator, service provider, independent software vendor, value-added reseller,

OEM or other partner that is authorized by RSA to license Software to End Users. The term shall also refer to any third party duly

authorized by a Distributor to license Software to End Users.

D. “Documentation” means the then-current, generally available, written user manuals and online help and guides for Software

provided by RSA.

E. “End User” means a person or an entity receiving a Licensed Product from Customer or a Distributor for its own use and not for

redistribution.

F. “Licensed Product” means one or more of Customer’s products or product groups, identified in the applicable Quote that

incorporates in any manner any portion of the Software

G. “Product Notice” means the notice by which RSA informs Customer of product-specific use rights and restrictions, warranty

periods, warranty upgrades and maintenance (support) terms. Product Notices may be delivered in an RSA quote, otherwise in writing

and/or a posting on the applicable RSA website, currently located at

http://www.emc.com/products/warranty_maintenance/index.jsp. The

terms of the Product Notice in effect as of the date of the RSA quote shall be deemed incorporated into and made a part of the relevant

Customer purchase order. Each Product Notice is dated and is archived when it is superseded by a newer version. RSA shall not change

any Product Notice retroactively with regard to any Software listed on an RSA quote issued prior to the date of the applicable Product

Summary of content (7 pages)

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OEM LICENSE AGREEMENT *** IMPORTANT INFORMATION – PLEASE READ CAREFULLY *** This Software contains computer programs and other proprietary material and information, the use of which is subject to and expressly conditioned upon acceptance of this License Agreement (the “Agreement”).
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Notice. At Customer’s request, RSA shall without undue delay provide Customer with a copy of the applicable Product Notice and/or attach it to the relevant RSA quote. H. “Quote(s)” means one or more documents issued by RSA specifying the Software that Customer seeks to obtain from RSA, the related pricing and sufficient other information to complete the transaction. Each Quote shall incorporate this Agreement by reference. I.
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Acceptance that Software operates in substantial conformity to the Documentation occurs upon electronic availability. Notwithstanding such acceptance, Customer retains all rights and remedies set forth in Section 5 (WARRANTY AND DISCLAIMER). 5. WARRANTY AND DISCLAIMER. A. Software Warranty.
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8. INTENTIONALLY LEFT BLANK. 9. CONFIDENTIALITY. Each party shall (i) use Confidential Information of the other party only for the purposes of exercising rights or performing obligations in connection with this Agreement; and (ii) use at least reasonable care to protect from disclosure to any third parties any Confidential Information disclosed by the other party for a period commencing upon the date of disclosure until three (3) years thereafter.
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indemnity claims against RSA in relation to EMC Select Products for RSA or Brokerage Products are expressly excluded. In no event shall RSA be liable to Customer for any damages that in any way arise out of or relate to any EMC Select Products for RSA ort Brokerage Products. EMC Select Products for RSA and Brokerage Products are provided by RSA “AS IS.” 13. COUNTRY SPECIFIC TERMS. A. United Kingdom.
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7. LIMITATION OF LIABILITY. A. RSA does not exclude or limit its liability to the Customer for death or personal injury, or, breach of obligations implied by Section 12 of the Sale of Goods Act, 1893, as amended by the Sale of Goods and Supply of Services Act, 1980, or, due to the fraud or fraudulent misrepresentation of RSA, its employees or agents. B. Subject always to subsection 7.
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(CALCULATED ON AN ANNUAL BASIS, WHEN APPLICABLE) SOFTWARE FROM WHICH SUCH CLAIM ARISES, FOR DAMAGE OF ANY TYPE NOT IDENTIFIED IN (i) ABOVE OR OTHERWISE EXCLUDED HEREUNDER. B. No Indirect Damages.