Samsung SDS America, Inc.

App Subscription Terms and Conditions

Zero Touch Mobility

THANK YOU FOR CHOOSING ZERO TOUCH MOBILITY (TOGETHER WITH ITS DOCUMENTATION, THE “APP”). THESE TERMS ARE THE LEGAL AGREEMENT (THIS “AGREEMENT”) BETWEEN YOU, THE INDIVIDUAL PERSON ACCEPTING THIS AGREEMENT OR THE COMPANY OR OTHER ORGANISATION ON WHOSE BEHALF YOU ACCEPT THIS AGREEMENT (“YOU”), AND SAMSUNG SDS AMERICA, INC. (“SDSA”), THE PROVIDER OF THE APP. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE A COMPANY OR OTHER ORGANISATION, THE INDIVIDUAL PERSON WHO ACCEPTS THIS AGREEMENT ON YOUR BEHALF MUST HAVE, AND REPRESENTS TO SDSA THAT HE OR SHE HAS, AUTHORITY TO BIND YOU TO THIS AGREEMENT. OTHERWISE, YOU MAY NOT ACCESS OR USE THE APP. SDSA IS ONLY WILLING TO PROVIDE THE APP TO YOU ON THE CONDITION THAT YOU ACCEPT ALL TERMS CONTAINED IN THIS AGREEMENT. YOU ACCEPT THIS AGREEMENT BY: (a) REPRODUCING OR USING THE APP; (b) CLICKING THE “I ACCEPT” OR SIMILAR ICON WHEN YOU DOWNLOAD THE APP; OR (c) OTHERWISE ELECTRONICALLY INDICATING ACCEPTANCE. IF YOU ARE UNWILLING OR UNAUTHORISED TO ACCEPT THIS AGREEMENT, DO NOT ACCESS OR USE THE APP. THE APP IS SOLELY INTENDED AND LICENSED FOR USE WITH SERVICENOW® HOSTED SOFTWARE AND SERVICES (THE “SERVICENOW PLATFORM”) PROVIDED BY SERVICENOW, INC. OR ITS AFFILIATES (COLLECTIVELY, “SERVICENOW”). SERVICENOW IS NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY TO YOU IN CONNECTION WITH, THE APP OR THIS AGREEMENT. SDSA IS NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY TO YOU IN CONNECTION WITH, THE SERVICENOW PLATFORM. FOR AUSTRALIA, THE AUSTRALIA-SPECIFIC QUALIFICATIONS IN SCHEDULE 1 APPLY.

1. Ownership

1.1 The App. The App is protected by copyrights and other Intellectual Property Rights. You agree that all worldwide copyright and other Intellectual Property Rights in the App, and all copies of the App however made, are the exclusive property of SDSA and its licensors. All rights in and to the App not expressly granted to you in this Agreement are reserved by SDSA. There are no implied licences under this Agreement. Except as provided in Section 6 (Data), you unconditionally and irrevocably assign to SDSA your entire right, title and interest in and to any Intellectual Property Rights that you have now or may have in the future in or relating to the App. This assignment obligation applies to any rights in derivative works or patent improvements relating to the App, whether held or acquired by operation of Law, contract, assignment or otherwise. 1.2 Cooperation. During the Term, you shall: (a) safeguard the App, including all copies, from infringement, misappropriation, theft, misuse and unauthorised access; (b) take all steps SDSA may reasonably require to assist SDSA in maintaining the validity, enforceability and SDSA’s ownership of the Intellectual Property Rights in the App; (c) promptly notify SDSA in writing of any actual or suspected infringement, misappropriation or other violation of SDSA’s Intellectual Property Rights in or relating to the App, or any claim that the App infringes, misappropriates or otherwise violates the rights of any Person; and (d) fully cooperate with and assist SDSA in all reasonable ways in any Action relating to the App.

2. Subscription

2.1 Licence. Upon payment of the applicable subscription fees to SDSA, directly, through an authorised distributor or reseller, or through the ServiceNow® Store, and subject to your compliance with this Agreement, the App will be enabled for your internal use, and not to provide a service to any third party, in the Territory during the Term through an authorised production instance of the ServiceNow Platform, provided that you do not exceed the Subscription Metrics. The licence includes the right to run the App on a single authorised production instance and associated non-production instances, including full product features and updates during the Term. No licence is granted under this Agreement to use or access the ServiceNow Platform. Access to the ServiceNow Platform must be separately purchased from ServiceNow and is governed solely by your agreement with ServiceNow. You are not entitled to delivery of a copy of the App apart from deployment on your authorised instance. To use the App to provide services to a third party, you must agree separate terms with SDSA. 2.2 Metrics. You may install, access and use the App for the number of Devices for which you paid the applicable fees to SDSA, directly or through an authorised distributor or reseller, or through the ServiceNow® Store (the “Subscription Metrics”).

3. New Releases

During the Term, SDSA may provide New Releases, including updated Documentation, that SDSA makes generally available to its licensees at no additional charge. Any New Release provided to you is deemed to be the App. You are entitled to a New Release issued during the Term, subject to your consent to any licence terms that specifically apply to it. You must install each New Release promptly after it is made available. SDSA is not responsible for any Loss resulting from your failure to install a New Release.

4. Evaluation Subscription

If you receive a licence to evaluate the App, including a demo, pre-production, beta, production or trial version (an “Evaluation Subscription”), SDSA grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to run the App on an authorised production, non-production or development instance of the ServiceNow Platform, including an instance provided by SDSA, for the written evaluation period specified by SDSA or its authorised distributor or reseller or, if none is specified, on up to ten (10) Devices in the Territory for thirty (30) days (the “Evaluation Period”). SDSA or its authorised distributor or reseller has no obligation to provide maintenance, support or other services for an Evaluation Subscription or to make a beta or other pre-production version commercially available. An Evaluation Subscription may be used only in a non-production environment with non-confidential dummy data. Information or data entered under an Evaluation Subscription will be considered non-confidential. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EVALUATION SUBSCRIPTIONS ARE PROVIDED “AS IS”, AND THE SDSA RELATED PARTIES EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED AND OTHER WARRANTIES WITH RESPECT TO THE APP, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. NO SDSA PROTECTED PARTY WILL HAVE LIABILITY ARISING FROM OR RELATING TO AN EVALUATION SUBSCRIPTION. SDSA IS NOT RESPONSIBLE FOR THE BACKUP OR SECURITY OF DATA USED WITH AN EVALUATION SUBSCRIPTION. YOU WILL NOT BE ENTITLED TO INDEMNIFICATION BY SDSA AND THE SDSA RELATED PARTIES IN CONNECTION WITH AN EVALUATION SUBSCRIPTION.

5. Restrictions on Use

You shall not, and shall not permit any other Person to: (a) modify, adapt, alter, translate or create derivative works or improvements of the App, except configuration and customisation using the ordinary features of the ServiceNow Platform; (b) merge or integrate the App with external components or software except components of the ServiceNow Platform; (c) sublicense, lease, rent, loan, assign, transfer or otherwise make the App or any licence available to a third party, or use the App to provide a service to a third party; (d) host, upload, use or access the App through a time-sharing, service bureau, virtualisation, hosting or remote-access arrangement except your authorised ServiceNow instance; (e) reverse engineer, decompile, decode or disassemble the App or attempt to derive source code, except to the limited extent SDSA provides source code or applicable Law expressly permits the activity; (f) remove, alter or obscure any confidentiality or proprietary notice, including copyright or trade mark notices, of any SDSA Related Party on, in or displayed by the App; (g) reproduce or use the App except as expressly authorised under Section 2; (h) circumvent, or provide or use a program intended to circumvent, technological measures provided by SDSA to control access to or use of the App; (i) use the App in a manner that infringes, misappropriates or violates any right or applicable Law; (j) use the App to SDSA’s detriment or commercial disadvantage, including to develop a competing software product or competitive analysis; (k) assert any claim against any SDSA Related Party for infringement of a patent or other Intellectual Property Right; (l) use the App in violation of this Agreement; or (m) use Open Source Components contrary to the controlling open-source licence.

6. Data

6.1 Account Information. SDSA its authorised distributor or reseller, may: (a) disclose Account Information to a third party to the extent necessary to perform its obligations or exercise its rights under this Agreement; or (b) use Account Information for marketing or promotional purposes, in each case in accordance with the SDSA Privacy Policy and applicable Laws. 6.2 Your Content. You retain all right, title and interest in information and data processed by the App or supplied to SDSA (“Your Content”). You grant SDSA a non-exclusive, worldwide, perpetual, royalty-free, fully paid, sublicensable and transferable licence to use Your Content to improve or maintain the App, provide Support and Maintenance and Professional Services, or develop new offerings. You are solely responsible for backing up your system, data and Your Content and preventing file or data corruption or loss. 6.3 Usage Data. SDSA and its Representatives may collect, maintain, process and use non-personally identifiable diagnostic, technical, usage and related information about you, your Authorised Users, Devices, computers, hosts, data, bandwidth, systems and software, including internet protocol addresses, operating systems, applications and App usage statistics (“Usage Data”). SDSA may use Usage Data to improve or maintain the App, develop New Releases and upgrades, develop offerings, provide training, Support and Maintenance and Professional Services, compute charges, conduct billing and verify compliance. Usage Data will be treated in accordance with the SDSA Privacy Policy.

7. Support and Maintenance

SDSA directly or via its authorised distributor or reseller shall provide the support and maintenance services described in the Support and Maintenance Policy (“Support and Maintenance”) during the Term. SDSA and its authorised distributor or reseller is not obligated to provide Support and Maintenance for an Evaluation Subscription, the ServiceNow Platform, or third-party platforms or software connected to the App. App availability depends on the ServiceNow Platform, including ServiceNow maintenance, and third-party software or services integrated or connected to the platform.

8. Professional Services

You may order professional services provided by SDSA or via its authorised distributor or reseller in the territory under a Statement of Work signed by both Parties, including installation, implementation, configuration, training and consulting services relating to the App or ServiceNow (“Professional Services”). Services ordered under a Statement of Work are subject to separate terms between the Parties. Services ordered through the SDSA’s authorised distributor or reseller are governed by the authorised distributor or reseller terms and or SDSA’s Service Terms for Indirect Purchasers.

9. Fees and Payment

9.1 Subscription Fees. Your Section 2 rights are conditioned on payment of applicable subscription fees to SDSA, directly, through an authorised distributor or reseller, or through the ServiceNow® Store. Fees are payable annually in advance. SDSA or its authorised distributor or reseller may prorate fees for additional Devices to align with your existing billing cycle. All fees are non-refundable and non-cancellable except as expressly provided in this Agreement or where applicable Law prevents exclusion or limitation. Fees exclude sales, use, value-added, goods and services, excise, business, service and withholding taxes, shipping, customs duties and similar transactional taxes and fees. You are responsible for those amounts, other than taxes imposed on SDSA’s or its authorised distributor’s or reseller’s income. 9.2 Late Payment. If payment is not made when due, SDSA or its authorised distributor or reseller may: (a) charge interest at 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted by Law, from the invoice date; and (b) require reimbursement of actual collection costs, including legal fees, court costs and collection agency fees. Failure to pay may result in withdrawal of the App from your instance.

10. Reports and Audits

SDSA or its authorised distributor or reseller may request reasonable access to books, records, equipment, Usage Data, logs and other information required for SDSA, its authorised distributor, reseller or its designated auditor to verify your compliance. At SDSA or its authorised distributor or reseller’s request, you shall use the App reporting feature to generate a report stating the number of Devices managed through each production instance (the “Report”) and send it to SDSA or its authorised distributor or reseller. On reasonable notice, SDSA, its authorised distributor, reseller or its designated auditor may audit your use during the Term and for one (1) year after expiration or termination. You shall reasonably cooperate. If an audit identifies excess use, you shall pay the amounts due at SDSA’s its authorised distributor or reseller standard pricing without discount, plus Section 9.2 interest from the date excess usage occurred. If excess use equals or exceeds your permitted use, you shall also pay actual audit costs. Amounts are payable within thirty (30) days after written notification.

11. Warranties and Disclaimers

11.1 Customer Warranties. You represent and warrant that: (a) Your Content does not infringe third-party Intellectual Property Rights; (b) use or combination of Your Content with the App will not infringe any third-party right; (c) if you are a company or entity, execution by your representative has been duly authorised; and (d) this Agreement is your legal, valid and binding obligation. 11.2 Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP, SUPPORT AND MAINTENANCE, PROFESSIONAL SERVICES AND OTHER MATERIALS PROVIDED BY SDSA ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE SDSA RELATED PARTIES EXCLUDE AND DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE SDSA RELATED PARTIES MAKE NO WARRANTY THAT THE APP OR RELATED SERVICES OR MATERIALS WILL: (a) MEET ANY REQUIREMENT; (b) OPERATE WITHOUT INTERRUPTION; (c) ACHIEVE ANY INTENDED RESULT; (d) BE COMPATIBLE OR WORK WITH ANY HARDWARE, SOFTWARE, SYSTEM, EQUIPMENT OR SERVICE; OR (e) BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE. YOU ASSUME THE ENTIRE RISK ARISING FROM PERFORMANCE OR USE. THIRD-PARTY MATERIALS ARE PROVIDED “AS IS”. SDSA RELATED PARTIES DISCLAIMS RESPONSIBILITY FOR THIRD-PARTY MATERIALS, LOSS OR BACKUP OF YOUR CONTENT, AND THE SERVICENOW PLATFORM.

12. Limitation of Liability

EXCEPT TO THE EXTENT DISCLAIMER OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, NO SDSA PROTECTED PARTY WILL BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE APP, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, USE, DATA OR PROFITS, INJURY TO REPUTATION OR GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR ANY OTHER THEORY, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OR WHETHER FORESEEABLE. IF LIABILITY FOR DIRECT DAMAGES CANNOT BE EXCLUDED, THE TOTAL CUMULATIVE LIABILITY OF ALL SDSA PROTECTED PARTIES, COLLECTIVELY, IN CONNECTION WITH THIS AGREEMENT AND THE APP WILL NOT EXCEED THE GREATER OF US$100.00 OR THE SUBSCRIPTION FEES, IF ANY, PAID TO SDSA, ITS AUTHORISED DISTRIBUTOR OR RESELLER FOR USE OF THE APP DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. THE FEES REFLECT THIS RISK ALLOCATION. THE LIMITATIONS APPLY EVEN IF AN EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnification

13.1 By You. You shall defend, indemnify and hold harmless each SDSA Protected Party (each, an “Indemnitee”) from and against all Losses arising from or relating to a Claim against an Indemnitee: (a) arising from or relating to your use of the App; (b) alleging that your use of the App directly infringes a valid patent, copyright, other intellectual property or trade mark of a third party issued or registered worldwide; or (c) relating to Your Content. 13.2 Procedure. These obligations apply only if the Indemnitee promptly notifies the indemnifying party (the “Indemnifying Party”) and reasonably cooperates at the Indemnifying Party’s reasonable expense. The Indemnifying Party shall retain independent counsel and pay defence costs, expenses and fees. An Indemnitee may participate through its own counsel at its expense. The Indemnifying Party controls the defence and may settle without prior written consent only if the settlement does not admit liability by the Indemnitee, provides no relief other than monetary damages paid in full by the Indemnifying Party, and releases the Indemnitee from all liability arising from the Claim. Consent to another settlement will not be unreasonably withheld or denied. 13.3 Mitigation. If the App is, or in SDSA’s opinion is likely to be, claimed to infringe a third-party Intellectual Property Right, or use is enjoined or threatened, SDSA may at its option and cost: (a) obtain the right for you to continue using the App; (b) modify or replace the App with materially equivalent, non-infringing functionality; or (c) terminate this Agreement or the affected feature immediately by written notice. You shall then cease affected use and, subject to compliance with post-termination obligations, SDSA shall refund prepaid fees pro rata for the remaining Term.

14. Confidentiality

14.1 Confidential Information. You may use SDSA Confidential Information only in connection with permitted use of the App. During and after the Term, you shall not disclose it except to Representatives who need to know it for this Agreement, have been informed of its confidential nature and are bound by written confidentiality and restricted-use obligations substantially as protective as this Section. You shall protect it using at least the care used for your own similarly sensitive information and no less than reasonable care. Trade-secret obligations continue while the information qualifies for trade-secret protection other than because of your act or omission or that of your Representatives. 14.2 Compelled Disclosures. If you or a Representative is compelled by Law to disclose SDSA Confidential Information, you shall, to the extent permitted, promptly notify SDSA before disclosure and provide reasonable assistance in seeking protection. If disclosure remains required, disclose only the legally required portion and, at SDSA’s request, use commercially reasonable efforts to obtain confidential treatment.

15. Term and Termination

The Term begins on acceptance and continues for one (1) year, automatically renewing for successive one-year periods subject to payment, unless SDSA, its authorised distributor or reseller gives notice of non-renewal before the current Term expires. You may terminate at any time by written notice but, to the extent permitted by Law, are not entitled to a refund. SDSA, its authorised distributor or reseller may terminate immediately by written notice if you fail to pay fees when due and do not cure within thirty (30) days after notice, or materially breach this Agreement. On expiration or termination, your App rights end and the App must be removed from your ServiceNow instance. Sections 1, 9, 11, 12, 13, 14 and 15 survive as applicable.

16. General Provisions

16.1 Choice of Law and Venue. This Agreement is governed by the internal laws of the State of California, without conflict-of-laws rules, except where Australian law is required under Schedule 1. For non-Australian use, proceedings shall be instituted exclusively in the federal or state courts located in San Jose, Santa Clara County, California, and each Party submits to those courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW. 16.2 Compliance with Laws. You shall comply with applicable export and import controls and shall not export or re-export the App without required licences. The App and technical documentation may be subject to United States export controls. You shall defend, indemnify and hold harmless the SDSA Protected Parties from and against any violation of those laws or regulations by you. 16.3 U.S. Government Rights. If you are a branch or agency of the U.S. Government, the App is a “commercial item” consisting of “commercial computer software” and “commercial computer software documentation” under applicable federal acquisition regulations. U.S. Government end users acquire only the rights set out in this Agreement. 16.4 Business Contact Information. SDSA, its authorised distributor or reseller may use your Business Contact Information to market and sell products and services and otherwise exercise its rights and perform its obligations. SDSA may disclose it to the SDSA Related Parties and providers of Third-Party Materials relating to the App. You shall provide it only after giving required notices and obtaining consents for those activities. 16.5 Relationship. The Parties are independent contractors. Neither is the agent, partner, employee, fiduciary or joint venturer of the other. You have no authority to bind SDSA or a third party. ServiceNow is an express third-party beneficiary of provisions excluding or limiting its warranties and liabilities. 16.6 Assignment. You may not assign or transfer rights, including licences, without SDSA’s, its authorised distributor or reseller prior written consent. An attempted prohibited assignment is void. SDSA may freely assign its rights or delegate its obligations. 16.7 Language. The English version controls over a translation except where applicable Law requires otherwise. 16.8 Remedies. Rights and remedies are cumulative. You acknowledge that the App contains valuable trade secrets and proprietary information of the SDSA Related Parties, that actual or threatened breach may cause immediate, irreparable harm for which damages are inadequate, and that injunctive relief is appropriate. 16.9 Waiver. A waiver is effective only if written and signed by an authorised representative. Waiver of one breach is not waiver of another. 16.10 Severability. An invalid or unenforceable provision is reformed only as necessary to make it enforceable or, if not possible, severed, without affecting remaining provisions. Sections 11 and 12 remain effective notwithstanding unenforceability of another provision. 16.11 Entire Agreement. This Agreement is the final and entire agreement concerning its subject and supersedes prior or contemporaneous agreements, understandings and communications. It may be amended only by a signed writing. Purchase-order terms do not alter it. 16.12 Headings and Construction. Headings are for convenience and do not limit scope. “Include” and “including” are words of expansion, not limitation. 16.13 Force Majeure. SDSA and its Related Parties are not responsible for failure or delay caused by war, hostility, sabotage, act of God, epidemic or pandemic, electrical, internet or telecommunications outage not caused by SDSA, government restriction, denial or cancellation of licence, or another event outside SDSA’s and its Related Parties reasonable control (a “Force Majeure Event”). SDSA and its Related Parties shall use reasonable efforts to mitigate its effect. 16.14 Notices. Notices must be written and properly addressed and delivered personally with receipt, by certified mail return receipt requested with postage prepaid, or by recognised courier with signature and fees prepaid. SDSA and its Related Parties may also notify you by email. Notices are effective on receipt, or the next Business Day if received after 5:00 pm or on a non-Business Day. Rejected or undeliverable notices caused by an unnotified address change are deemed received on rejection or failed delivery. Notices to SDSA must be addressed to Samsung SDS America, Inc., 100 Challenger Road, 6th Floor, Ridgefield Park, New Jersey 07660, Attention: General Counsel. Notices to SDSA’s authorised distributor in the applicable Territory must be sent to the address specified for that distributor in Schedule 1. Notices to you will be sent to the physical or email address provided when purchasing the subscription.

17. Definitions

“Account Information” means any data or information concerning you, including use of services offered by ServiceNow with the App and information provided to SDSA, its authorised distributor or reseller regarding a subscription transaction. “Action” means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation, civil, criminal, administrative, regulatory or otherwise, at law or in equity. “Affiliate” means of a Person, any Person that directly or indirectly controls, is controlled by, or is under common control with that Person. “Control” means the direct or indirect power to direct management and policies, through ownership of voting securities, contract or otherwise. “Authorised User” means a named individual working for your organisation as an employee or contractor and authorised by you to use the App for internal business purposes. “Business Contact Information” means information enabling an individual at your organisation to be contacted, including names, addresses, email addresses, telephone numbers, user IDs and similar information relating to an employee, consultant, contractor or agent. “Business Day” means a day other than Saturday, Sunday or a day on which commercial banks in the applicable Territory are authorised or required by Law to close. “Device” means a device you own or lease that is managed by the App. “Documentation” means SDSA user manuals, handbooks, installation guides and other end-user documentation relating to the App made available by SDSA or on the ServiceNow® Store, including information describing functionality, components, features or requirements. “Intellectual Property Rights” means all registered and unregistered rights under or relating to patents, copyrights, trade marks, trade secrets, database protection and other intellectual property laws, and equivalent rights worldwide. “Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree or requirement of a competent governmental authority, arbitrator, court or tribunal. “Losses” means all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses, including reasonable legal fees, enforcement costs and insurance-pursuit costs. “New Release” means a generally available App version introducing features, functionality, enhancements, bug fixes, patches or updates, excluding optional feature packages or add-ons separately licensed by SDSA. “Open Source Components” means software components subject to an open-source licence agreement. “Party” means a party to this Agreement. “Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organisation, trust, association or other entity. “Personal Information” means data that identifies, or can alone or with other data identify, an individual or entity, including information protected by applicable privacy or data-security Laws. In Australia, it has the meaning given in the Privacy Act 1988 (Cth). “Representatives” means with respect to a Party, that Party’s and its Affiliates’ employees, officers, directors, consultants, agents, independent contractors, service providers, subcontractors and legal advisers. “SDSA Confidential Information” means information disclosed by SDSA that is marked or identified as confidential or proprietary, or reasonably understood to be so. It includes the App, Documentation, Reports and know-how. It excludes information rightfully known without restriction before disclosure, publicly known without breach, received lawfully from an unbound third party, independently developed without use of the information, or Personal Information. “SDSA Privacy Policy” means SDSA’s privacy policy at www.samsungsds.com, as moved or amended from time to time. “SDSA Related Parties” means SDSA and its Affiliates, authorised distributors and its resellers, licensors, service providers, subcontractors and suppliers. “SDSA Protected Parties” means SDSA, ServiceNow, each of their respective Affiliates, authorised distributors and resellers, licensors, service providers, subcontractors and suppliers, and each of their respective employees, agents, officers, directors, permitted successors and permitted assigns. “Support and Maintenance Policy” means the policy available on the ServiceNow® Store or otherwise made available by SDSA. “Territory” means the United States, except that for an Australian subscription the Territory is Australia. “Third-Party Materials” means materials and information not proprietary to SDSA, including third-party documents, data, content, specifications, Open Source Components, software, hardware, products, facilities, equipment, devices and related accessories, components, parts or features.

Schedule 1

Australia & New Zealand Specific Terms & Conditions

These qualifications apply only where the Territory is Australia and New Zealand. If there is a conflict between this Schedule and the main body, this Schedule prevails to the extent of the conflict.

Authorised Distributor

Authorised Distributor in Australia and New Zealand means Mobilise IT Pty Ltd, with its head office at Unit 3, Ground Floor, 436 Johnston Street, Abbotsford Victoria Australia 3067: Mobilise IT Pty Ltd (ABN 80 120 220 206) Notices and Correspondence: Unit 3, Ground Floor, 436 Johnston Street, Abbotsford Victoria Australia 3067 Contact Phone: 03 8456 7555 Contact Email: finance@mobiliseit.com www.mobiliseit.com

Fees

Section 9.1 is subject to rights and remedies that cannot be excluded or limited under applicable Law.

Warranties and consumer guarantees

Nothing in this Agreement excludes, restricts or modifies any guarantee, warranty, term, condition, right or remedy implied or imposed by applicable Law that cannot lawfully be excluded, restricted or modified (a “Non-Excludable Provision”). If a Non-Excludable Provision applies, SDSA’s liability for breach is limited, to the maximum extent permitted by Law and at SDSA’s option, to supplying the services again or paying the cost of having the services supplied again.

Limitation of liability

Section 12 applies except to the extent disclaimer or limitation is prohibited under applicable Law, including in connection with a Non-Excludable Provision.

Termination

A no-refund provision applies only to the extent permitted by applicable Law. SDSA may terminate for a material breach as set out in Section 15.

Governing law

California law applies except where Australian law is required by Australian law. Any mandatory Australian jurisdiction or venue rights are preserved.

Business Day

For Australia, Business Day means a day other than Saturday, Sunday or a public holiday in Victoria, Australia, and Business Hours means 9:00 am to 5:00 pm Australian Eastern Standard Time (AEST) on a Business Day.

Personal Information

For Australia, Personal Information has the meaning given in the Privacy Act 1988 (Cth).