Lens Terms of Service Agreement

October 16, 2023

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ACCESSING OR CONSUMING THE
SOFTWARE OR SERVICES. BY CLICKING YOUR ASSENT OR USING, ACCESSING OR CONSUMING
SOFTWARE OR SERVICES, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT
AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. AN INDIVIDUAL ACTING
ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER
INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS
OF THIS AGREEMENT, THEN DO NOT USE THE SOFTWARE OR SERVICES. YOU CONFIRM THAT
YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION.

1. THE AGREEMENT

1.1. These terms are collectively an agreement between Mirantis, Inc., a Delaware
corporation, with offices at 900 E. Hamilton Ave., Suite 650, Campbell, CA 95008,
USA (“Mirantis” sometimes “our” or “we”) and the user of the Mirantis
software or services who accepts the terms of this agreement. Subject to the
terms and conditions of this agreement, Mirantis provides software and tools
for cloud native software development, devops and related purposes (the “Lens
Software”), centralized cloud services (“Lens Cloud”), related support
and other services (“Lens Services”), provided through and/or marketed at
our website at k8slens.dev, including all sub-domains (the “Website”). Except
to the extent you and Mirantis have executed a separate agreement, these terms
and conditions exclusively govern your access to and use of the Lens Software,
Lens Cloud, Lens Services and Website (collectively, the “Services”), and
constitute a binding legal agreement between you and Mirantis (the “Terms”).
These Terms, including all Additional Terms referenced in Section 1.2 below,
are, collectively, the “Agreement”. If you accept or agree to the Agreement
on behalf of a company, organization or other legal entity (a “Legal Entity”),
you represent and warrant that you have the authority to bind that Legal Entity
to the Agreement and, in such event, “Customer” “you” and “your”
will refer and apply to that company or other legal entity. You acknowledge
and agree that, by accessing, purchasing or using the Services, you are indicating
that you have read, understand and agree to be bound by the Agreement whether
or not you have created a Lens ID account. If you do not agree to these Terms
and all applicable additional terms, then you have no right to access or use
any of the Services.

1.2. The Services are subject to additional terms as shown below (“Additional
Terms”). For clarity, unless otherwise indicated in specific Additional Terms,
Services are provided by Mirantis.

    Lens Desktop Software Additional Terms

    Lens Cloud Services Additional Terms

1.3. Mirantis may modify or discontinue Services and/or features or elements
of Services at any time and without notifying you, provided that we will not
make changes to the Service for the purpose of altering your charges during
the current term of your service.

1.4. Mirantis may, from time to time, make changes to this Agreement. When such
changes are made, Mirantis will make the updated Agreement available and accessible
through the Services, or by sending a notice to you via email. You shall be
responsible for reviewing and becoming familiar with any such modifications.
Your continued use of any part of the Services following such notification constitutes
your acceptance of the modified Agreement. This Agreement may also be superseded
by expressly-designated legal notices or terms applicable to specific features
or services. These expressly-designated legal notices or terms are incorporated
into this Agreement and supersede the provision(s) of this Agreement that are
designated as being superseded.

1.5. For avoidance of doubt, this Agreement does not cover any Mirantis software
other than Lens Software. Other Mirantis software may be distributed and licensed
under separate software license terms and any professional services (other than
the Services set forth in this Agreement in connection with the Lens Software)
will be offered under additional or separate terms.

2. GENERAL USE

2.1. Subject to terms and conditions of this Agreement, Mirantis grants you
a limited, personal, non-exclusive, and non-transferable license to use Services.
You may not modify, edit, copy, reproduce, create derivative works of, reverse
engineer, alter, enhance or in any way exploit Services in any manner.

2.2. The Services are intended for persons above the age to consent to processing
in their region (e.g. 13 in the US, 16 in the EU, etc.), however, you must be
at least 18 to make purchases. If you are under the age of 18 or whatever is
the age of majority where you access the Services, you may make purchases only
with the involvement of your legal guardian, and you represent and warrant that
your legal guardian has read, understood and agreed to this Agreement.

2.3. If you breach any of the terms of this Agreement, the license described
in section 2.1 will terminate automatically and you must immediately stop using
all Services, and delete any related downloaded software and printed materials.

3. LENS ID ACCOUNT

3.1. The use of some features of the Services may require signing up and registering
for a personal Lens ID account with Mirantis (“Lens ID”). If you choose
to register for a Lens ID, you shall provide accurate, complete, and up-to-date
registration information. Some Services may exchange your Lens ID login information
to authentication keys or tokens (“Tokens”). You are responsible for all
use of your Lens ID and for the security of your password and any Tokens that
may be used to access and use your Lens ID and you acknowledge that you will
be solely and fully responsible for all losses incurred through, or in connection
with, access to and use of the Software and Services under such credentials.
If you become aware of any unauthorized use of your Lens ID, you agree to notify
Mirantis immediately, change your password, and revoke all tokens.

3.2. Your Lens ID is personal to you and you are allowed to create a single
Lens ID for yourself. You are not allowed to create Lens IDs for others and
you are not allowed to create multiple Lens IDs for yourself or others.

3.3. Some features of the Services may have usage limits. Mirantis reserves
the right to enforce usage limits in its sole discretion. Repeated exceeding
of the usage limits may lead to suspension or termination of your Lens ID.

4. PRIVACY

4.1. You agree to allow Mirantis and its affiliates to store and use information
provided by you, including names, business phone numbers, and business e-mail
addresses anywhere Mirantis does business that will be used only in connection
with Mirantis’ business relationship with you, and may be transferred worldwide
between Mirantis, its affiliates, subcontractors, partners, and assignees for
uses consistent with Mirantis’ business relationship with you. Except for
the foregoing and except for Lens Cloud Services as further stipulated in the
Additional Terms, your use of, and Mirantis providing the Services does not
require you to provide, disclose or give access to Mirantis any personal information
(e.g. Personally Identifiable Information) or similarly protected sensitive
data or personal data to Mirantis. You agree to take all reasonable steps to
avoid disclosure of personal data to Mirantis; and that you are liable for all
your personal data related obligations, including without limitation, confidentiality
and data protection and privacy obligations and restrictions, imposed by applicable
law, regulation or court order. If disclosed, you warrant that you have obtained
all the relevant consents to disclose personal data to Mirantis, and you will
defend, indemnify and hold Mirantis harmless from and against any claims arising
out of your breach of this Section 4.1.

4.2. The Lens Software may automatically communicate with Mirantis servers to
perform automated software updates and usage tracking. These features are designed
to help provide a great end user experience.

Automated Lens Software Updates. The Lens Software may automatically communicate
with Mirantis servers to determine whether there are updated version(s) of the
Lens Software available. You agree that the Software may be updated automatically
on your computer without providing any further notice or receiving any additional
consent. You may manually opt- out from automated Software updates.

Telemetry Usage Tracking. In the default mode, the Lens Software automatically
communicates with Mirantis servers to send certain telemetry data about the
usage. This data is collected only for Mirantis legitimate interest and for
the purpose of making the Software better. The telemetry data contain information
about user interface events and generic information about the attached clusters.
For avoidance of doubt, no sensitive data is sent, but some of the data can
be qualified as data identifying an individual under various jurisdictions and
you may manually opt-out from sending telemetry data.

4.3. Mirantis will send occasional promotional emails about features, updates,
events, and relevant announcements. By providing your email, you agree to receive
these communications. You can opt out when you create your Lens ID or by clicking
the "Unsubscribe" link in our emails. Please note that you may still receive
important non-promotional communications.

4.4. For more information about how Mirantis handles and processes personal
information, please visit https://www.mirantis.com/company/privacy-policy/.

5. FEES & PAYMENTS

5.1. Mirantis reserves the right to require payment of fees from you for certain
services and features made available to you via Services. If you choose to subscribe
to any features that carry a fee, you shall pay all applicable fees, as described
and Order Form and in the then applicable price list for the features you select.
“Order Form(s)” means each written order form(s) executed (including online)
by you and Mirantis incorporating this Agreement and is subject to the terms
and conditions herein.

5.2. When you subscribe to a feature that carries a fee (“Subscription”),
we will invoice you for your first fee on the date that we process the order
for your Subscription. We may suspend or terminate your Lens ID and/or access
to any or all the Services if your payment is late and/or your offered payment
method cannot be processed.

5.3. All fees are exclusive of any applicable sales, use, import or export taxes,
duties, fees, value-added taxes, tariffs or other amounts attributable to your
use of the Services (collectively, “Taxes”). You are solely responsible
for the payment of any such Taxes. In the event we are required to pay Taxes
on your behalf, you shall promptly reimburse us for all amounts paid.

5.4 You agree to provide Mirantis with complete and accurate billing and contact
information. A service charge of the highest interest rate permitted by applicable
law, whichever is lower, may be applied by Mirantis to all amounts which are
not paid when due under this Agreement and any Order Form(s), accruing from
the due date. You agree that neither you, nor your affiliates shall withhold
or offset Fees due to Mirantis for any reason. Should Mirantis be required to
use a collection agency or other means to collect payment due under this Agreement
and/or any applicable Order Form(s), You agree to pay reasonable collection
agency fees or reasonable attorney’s fees associated with such collection.

5.4. In case your purchase is for a subscription having monthly, annual or any
other term, the Order will automatically renew for a new term at the end of
current term. The pricing of your subscription may change at the time of renewal
to then current pricing. You may elect not to renew by giving us notice at any
time until the date of renewal.

5.5 Mirantis reserves the right to change its price list and to institute new
charges at any time, upon notice to you, which may be sent by email to an email
address associated with your Lens ID or made available to you through the Services.
Your use of the Services following such notification constitutes your acceptance
of any new or increased charges.

6. INTELLECTUAL PROPRIETARY RIGHTS

6.1. The Services are protected by copyright, trademark, and other laws of the
United States and foreign countries. Except as expressly provided in the Agreement,
Mirantis and its licensors exclusively own all right, title and interest in
and to the Services, including all associated intellectual property rights.
You will not remove, alter or obscure any copyright, trademark, service mark
or other proprietary rights notices incorporated in or accompanying the Services.

6.2. As between you and Mirantis, you own all right, title and interest (including,
all intellectual property rights) in and to the content you have created (“User
Content”).

6.3. You grant Mirantis a perpetual, irrevocable, fully-paid and royalty-free
license to collect, access, process, transmit, store, copy, share, display,
and use any data and information collected by Mirantis or provided by you in
connection with your use of the Services in order to provide, operate, develop,
improve, and/or optimize any of our Services, and otherwise as permitted by
our Privacy Policy.

6.4. All trademarks, service marks, logos, trade names and any other proprietary
designations of Mirantis or Lens used herein are trademarks or registered trademarks
of Mirantis. Any other trademarks, service marks, logos, trade names and any
other proprietary designations are the trademarks or registered trademarks of
their respective parties.

6.5. Mirantis respects the intellectual property rights of others and encourages
you to do the same. Accordingly, we have a policy of removing User Content that
violates intellectual property rights of others, suspending access to the Services
(or any portion thereof) to any user who uses the Services in violation of someone’s
intellectual property rights, and/or terminating in appropriate circumstances
the Lens ID of any user who uses the Services in violation of someone’s intellectual
property rights.

6.6. Pursuant to Title 17 of the United States Code, Section 512, we have implemented
procedures for receiving written notification of claimed copyright infringement
and for processing such claims in accordance with such law. If you believe your
copyright or other intellectual property right is being infringed by a user
of the Services, please provide written notice to our Mirantis for notice of
claims of infringement:

Mirantis, Inc. ATTN: Mirantis Legal 900 E. Hamilton Ave., Suite 650 Campbell,
CA 95008 USA

Email: mirantis.legal@mirantis.com

To be sure the matter is handled immediately, your written notice must:

    Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have
been infringed;
Identify the allegedly infringing material in a sufficiently precise manner
to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address,
telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted
material or other intellectual property is not authorized by the owner, the
owner’s agent or the law;
    Contain a statement that the information in the written notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act
on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement,
Mirantis will be unable to address the listed concern.

6.7. Mirantis reserves the right, in its sole discretion, to terminate the Lens
ID and disable access to Services of any user who is the subject of repeated
DMCA or other infringement notifications.

7. FEEDBACK

You may provide comments, bug reports, ideas or other feedback to Mirantis about
the Services or Lens Materials, including without limitation about how to improve
the Services or any other Mirantis products (“Feedback”). By submitting
any Feedback, you agree that Mirantis is free to use such Feedback at its discretion
and without any additional compensation to you. You hereby grant Mirantis a
perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate
and use your Feedback for any purpose, including but not limited to, developing,
manufacturing, having manufactured, licensing, marketing, and selling, directly
or indirectly, products and services using such Feedback. You understand and
agree that we are not obligated to use, display, reproduce, or distribute any
such ideas, know-how, concepts, or techniques contained in the Feedback, and
you have no right to compel such use, display, reproduction, or distribution.

8. THIRD-PARTY SERVICES

As part of providing the Services, Mirantis may make services developed and
maintained by third-parties available to you (“Third-Party Services”). You
acknowledge that your use of any Third-Party Services may be subject to additional
fees, a separate agreement between you and the Third-Party Services provider,
and that Mirantis shall not be a party to any such agreement. Your use of such
Third-Party Services is at your own risk and Mirantis does not endorse and is
not responsible for the accuracy, functionality, usefulness, or intellectual
property rights of or relating to any Third-Party Services.

9. EXTERNAL SITES

Services may include hyperlinks to other web sites or resources (collectively,
“External Sites”). Such links are provided solely as a convenience to our
users and Mirantis has no control over any External Sites which are provided
by companies or persons other than Mirantis. You acknowledge and agree that
Mirantis is not responsible for the availability of any External Sites, and
does not endorse any advertising, products or other materials on or available
from the External Sites. If you decide to access any of the External Sites linked
to from the Services, you do so entirely at your own risk and you must follow
the privacy policies and terms and conditions for those External Sites.

10. TERMINATION

10.1. Mirantis may terminate this Agreement at its sole discretion at any time
without prior notice or liability.

10.2. You may terminate this Agreement at any time by deleting your Lens ID
and discontinuing your use of the Services.

10.3. Upon any termination or expiration of this Agreement, whether by you or
Mirantis, any information (including User Content) that you have submitted on
or through the Services may no longer be accessed by you and Mirantis will have
no obligation to maintain any such information in its storage, databases or
to forward any such information to you or any third party. You are solely responsible
for retrieving your User Content from the Services prior to termination of your
account. If we terminate the Agreement or disable your Lens ID other than as
a result of your breach of this Agreement, we will provide you a reasonable
opportunity to retrieve your User Content.

10.4. Upon any termination of this Agreement, Sections 5 (Fees & Payments),
6 (Proprietary Rights), 7 (Feedback), 8 (Third-Party Services), 9 (External
Sites), 10 (Termination), 11 (Exclusion of Warranties), 12 (Limitation of Liability),
13 (Indemnification), and 14 (Miscellaneous) shall survive.

11. EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND LENS MATERIALS
IS AT YOUR SOLE RISK AND THAT THE SERVICES AND LENS MATERIALS ARE PROVIDED “AS
IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIRANTIS
MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, CORRECTNESS,
ACCURACY AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
MIRANTIS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES
WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR FREE FROM ERROR; (III) ANY DATA PROVIDED THROUGH THE SERVICES
WILL BE ACCURATE; OR (IV) THE SERVICES, LENS MATERIALS, USER CONTENT, OR ANY
OTHER CONTENT OR FEATURE MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. LIMITATION OF LIABILITY

12.1. IN NO EVENT WILL MIRANTIS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED
BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT
LIMITED TO, ANY LOSS OF REVENUE OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF MIRANTIS
OR A MIRANTIS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

12.2. MIRANTIS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT
OF OR RELATING TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (I) THE AGGREGATE
AMOUNTS PAID BY YOU TO MIRANTIS UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE, OR (II) $1.00 (USD) THE EXISTENCE
OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE
OR EXTEND THIS LIMITATION OF DAMAGES. THE PROVISIONS OF THIS SECTION DO NOT
WAIVE OR LIMIT OUR ABILITY TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR
BREACH OF THIS AGREEMENT.

12.3. You acknowledge and agree that Mirantis makes the Services and Lens Materials
available to you and enters into this Agreement in reliance upon the warranty
disclaimers and the limitations of liability set forth herein, that the warranty
disclaimers and the limitations of liability set forth herein reflect a reasonable
and fair allocation of risk between you and Mirantis, and that the warranty
disclaimer and the limitations of liability set forth herein form an essential
basis of the bargain between you and Mirantis. Mirantis would not be able to
provide the Services or Lens Materials to you without these limitations.

13. INDEMNIFICATION

You agree to defend, hold harmless and indemnify Mirantis and its subsidiaries,
affiliates, officers, agents, employees, advertisers, licensors, suppliers or
partners from and against any third party claim arising from or in any way related
to (i) your breach of the Agreement; (ii) your violation of applicable laws,
rules or regulations in connection with your use of the Services or Lens Materials;
or (iii) your User Content, including any liability or expense arising from
all claims, losses, damages (actual and consequential), suits, judgments, litigation
costs and attorneys’ fees, of every kind and nature. In such case, Mirantis
will provide you with written notice of such claim, suit or action; will provide
you the opportunity to control the defense and/or settlement of such claim,
suit or action; and will provide you reasonable assistance in such defense or
settlement, upon reasonable request.

14. MISCELLANEOUS

14.1. The Agreement constitutes the entire agreement between you and Mirantis
regarding your use of the Services and Lens Materials and completely replaces
any prior agreements between you and Mirantis in relation to the Services and
Lens Materials. To the extent the terms of any purchase order, written terms
or conditions, or other document that you submit to us that contains terms that
are different from, in conflict with, or in addition to the terms of this Agreement,
such terms are hereby rejected by Mirantis and will be void and of no effect.

14.2. You agree that Mirantis may provide you with notices, including those
regarding changes to this Agreement, by email, regular mail, or postings on
the Service. By providing Mirantis your email address, you consent to receiving
electronic communications from us in lieu of communication by postal mail. These
electronic communications are part of your relationship with us. You agree that
any notices, agreements, disclosures or other communications that we send you
electronically will satisfy any legal communication requirements, including
that such communications be in writing. You may provide us with legal notices
via email to mirantis.legal@mirantis.com.

14.3. This Agreement will be governed by and construed in accordance with the
laws of the State of California, without reference to its conflicts of law provisions.
If You or your affiliate are located, registered or domiciled in Australia,
New Zealand, Canada, the United States, the United Kingdom, the European Union
or European Economic Area then any dispute regarding this Agreement will be
subject to the exclusive jurisdiction of the state courts in and for Santa Clara
County, California, U.S.A. (or, if there is federal jurisdiction, the United
States District Court for the Northern District of California).

14.4. In the event You or your affiliate are not located, registered or domiciled
in Australia, New Zealand, Canada, the United States, the United Kingdom, the
European Union or European Economic Area, then you agree that any dispute arising
from this Agreement shall be settled by the American Arbitration in an accordance
its Commercial Arbitration Rules and judgment on the aware rendered by the arbitrator
may be entered in any court having jurisdiction thereof. The arbitration shall
be governed by the laws of the states of California and the United States of
America without reference it their conflict of laws principles. Claims shall
be heard by a single arbitrator and the place of arbitration shall be Santa
Clara County, California. The arbitrators will have the authority to allocate
the costs of the arbitration process among the parties but will only have the
authority to allocate attorney’s fees if a particular applicable law permits
the to do so, This clause shall not preclude parties from seeking provisional
remedies in aid of arbitration from a court of appropriate jurisdiction.

14.5 This Agreement will not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is hereby
expressly excluded. The Uniform Computer Information Transactions Act (UCITA)
or any similar laws or regulations do not apply to this Agreement. Any claim
or action, regardless of form, arising out of this Agreement or an Order Form
will be made against Mirantis, Inc. alone.

14.4. Any unauthorized use or disclosure of Website or Mirantis ’ intellectual
property may cause immediate and irreparable injury to the Mirantis and, notwithstanding
anything to the contrary in this Agreement, in the event of such unauthorized
use and/or disclosure, Mirantis will be entitled, in addition to any other available
remedies, to seek immediate injunctive and other equitable relief, without bond
and without the necessity of showing actual monetary damages.

14.5. Neither party may assign this Agreement or any of its rights or obligations
hereunder without the prior written consent of the other party, which shall
not be unreasonably withheld; provided that either party may assign this Agreement
or rights granted hereunder without the consent of the other party (i) to its
Affiliate, and (ii) the transfer of this Agreement or rights granted hereunder
to a successor entity in the event of a merger, corporate reorganization, or
acquisition of all or substantially all the assets of a party. In no event shall
the Agreement be transferred or assigned to a direct competitor of the other
party. Any attempted assignment or transfer in violation of this Section 14.5
shall be null and void.

14.6. The waiver or failure of Mirantis to exercise in any respect any right
provided for in this Agreement will not be deemed a waiver of any further right
under this Agreement.

14.7. If any provision of this Agreement is held by a court of competent jurisdiction
to be unenforceable because it is invalid or in conflict with any law of any
relevant jurisdiction, the validity of the remaining provisions will not be
affected, and the rights and obligations of the parties will be construed and
enforced as if this Agreement did not contain the particular provisions held
to be unenforceable and to the extent possible, the court will modify or reform
this Agreement to give as much effect as possible to that provision.

14.8. Neither party will be liable to the other for any failure to perform any
of its obligations (except payment obligations) under this Agreement during
any period in which the performance is delayed by circumstances beyond its reasonable
control, such as systemic, pandemics, electrical, telecommunications, or other
utility failures, earthquake, storms, fire, flood or other elements of nature,
embargo, strike, riot, terrorism, sabotage, change in law or policy, or the
intervention of any governmental authority .

14.9. The parties are independent contractors. No provision of this Agreement
creates an association, trust, partnership, or joint venture or imposes fiduciary
duties, obligations, or liability between you and Mirantis. Neither party will
have any rights, power, or authority to act or create an obligation, express
or implied, on behalf of another party except as specified in this Agreement.

14.10. We may identify you as a customer to current and prospective clients.
You hereby give us the permission to use your logo and name in any of our marketing
materials, including our Services.

15. CONTACT US

If you have any questions about this Agreement or otherwise need to contact
us for any reason, you can reach us at mirantis.legal@mirantis.com.