LATTICE ENGINES END USER LICENSE AGREEMENT IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY. DOWNLOADING, INSTALLING OR ACCESSING OR USING THE LATTICE ENGINES, INC. (“LATTICE ENGINES”) SUPPLIED PROVIDER APPLICATION SOFTWARE (THE “SOFTWARE”) CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. BY DOWNLOADING, INSTALLING OR ACCESSING THE SOFTWARE, YOU ARE BINDING YOURSELF TO THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE INFORMATION COLLECTION PROVISIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN LATTICE ENGINES IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE. TERMS AND CONDITIONS 1. YOU. You represent that you are an employee or contractor of the business entity who has a contract to use or access the Software with Lattice Engines. 2. LICENSE TO USE. Lattice Engines hereby grants to you a nonexclusive and nontransferable license to install, use and or access the Software. All or a portion of the Software may be hosted or may interact with a Lattice Engines hosted application, the terms of which are solely between your employer (“Employer”) and Lattice Engines. 3. COLLECTION OF INFORMATION. You understand and agree that the Software may collect and transmit to Lattice Engines and/or your Employer some information concerning your use of the Software, including information that may be considered personal and private by law (collectively, “User Information”). You hereby authorize Lattice Engines and your Employer to exchange, use, disclose and transmit User Information solely as necessary for (i) Lattice Engines to perform services for your Employer, (ii) as otherwise permitted by Lattice Engine’s agreement with your Employer, and (iii) for other legitimate business purposes as permitted by applicable law. In consideration for the rights granted by Lattice Engines to you to use the Software, as long as Lattice Engines complies with law, you hereby unconditionally release Lattice Engines from all liability related to the foregoing uses of User Information, including any disciplinary action, termination or other claim which you may have against your Employer because of the use of the Software and collection and transmittal of User Information to your Employer or other third parties at your Employer’s direction. 4. PROPRIETARY RIGHTS. This is a license, not a transfer of title, to the Software, and Lattice Engines and its licensors retain ownership of the Software. Rights not expressly granted to you are reserved and prohibited by Lattice Engines and its licensors. The Software is the confidential information of Lattice Engines and may not be disclosed to third parties. 5. TERM, TERMINATION. This Agreement and the license granted herein shall remain effective until terminated. Your license terminates immediately without further notice to You if: (i) you uninstall the Software, (ii) your Employer’s agreement with Lattice Engines terminates or expires, (iii) you fail to comply with any provision of this Agreement, (iv) your employment or contractor relationship with the Employer ends, or (v) if Employer disables or requires that Lattice Engines disable access to the Software. Upon termination of this Agreement, You must immediately and permanently uninstall the Software. All confidentiality obligations and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. 6. You have permission to view the documents, information and reports viewed in the Lattice Engines Service (the “Documents”) through your browser and download and print the Documents for personal or private, non-commercial use provided that you agree: (1) to include both the copyright notice identified below and this permission notice on the Documents; (2) not to sell or transfer for consideration the Documents for anyone’s benefit; (3) not to copy, post, publish, broadcast, or perform any portion of the Documents on any network computer or any web site in any media; and (4) not to modify any of the Documents. 7. NO WARRANTY TO YOU. THE SOFTWARE IS PROVIDED EXCLUSIVELY ON AN “AS IS” BASIS WITHOUT WARRANTIES, SUPPORT, OR INDEMNITIES OF ANY KIND. LATTICE ENGINES AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. 8. LIABILITY. IN NO EVENT WILL LATTICE ENGINES OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF LATTICE ENGINES OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Lattice Engines or its suppliers’ or licensors’ liability to you, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed $10. 9. This Agreement is subject to the laws of the State of California, without reference to or application of choice of law rules or principles, and you hereby consent and agree to the exclusive venue and personal jurisdiction of the state and federal courts located in San Mateo, California, related to any claim arising out of this Agreement. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in any other document between you and Lattice Engines, which terms are excluded from and have no effect on this Agreement.