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CrowdStrike Form May 27 2019 7 of 17
<br />subject to this Agreement. Upon Discloser’s request, Recipient will provide Discloser with written confirmation of
<br />destruction in compliance with this provision.
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<br />7.5 Equitable Relief. Each party acknowledges that a breach of this Section 7 (Confidentiality) shall cause the
<br />other party irreparable injury and damage. Therefore, each party agrees that those breaches may be stopped through
<br />injunctive proceedings in addition to any other rights and remedies which may be available to the injured party at law
<br />or in equity without the posting of a bond.
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<br />7.6 Publicity. CrowdStrike will refrain from using Customer’s name, acronym or emblem, including, without
<br />limitation, in presentations, marketing materials, publicly available customer lists, financial reports, and website
<br />listings (including links to Customer’s website) for the purpose of advertising or publicizing Customer’s use of
<br />CrowdStrike’s Offerings without Customer’s express written consent . Except as permitted in this Section or under
<br />applicable law, neither party will issue any press release or make any other public communication with respect to this
<br />Agreement or Customer’s use of the Offerings without the consent of the other party.
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<br />8. Warranties & Disclaimer.
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<br />8.1 No Warranty for Pre-Production Versions. Any pre-production feature or version of an Offering provided to
<br />Customer is experimental and provided “AS IS” without warranty of any kind and will not create any obligation for
<br />CrowdStrike to continue to develop, productize, support, repair, offer for sale, or in any other way continue to provide
<br />or develop any such feature or Offering. Customer agrees that its purchase is not contingent on the delivery of any
<br />future functionality or features, or dependent on any oral or written statements made by CrowdStrike regarding future
<br />functionality or features.
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<br />8.2 Product Warranty. If Customer has purchased a Product, CrowdStrike warrants to Customer during the
<br />applicable Subscription/Order Term that: (i) the Product will operate without Error; and (ii) CrowdStrike has used
<br />industry standard techniques to prevent the Products at the time of delivery from injecting malicious software viruses
<br />into Customer’s Endpoints where the Products are installed. Customer must notify CrowdStrike of any warranty claim
<br />during the Subscription/Order Term. Customer’s sole and exclusive remedy and the entire liability of CrowdStrike for
<br />its breach of this warranty will be for CrowdStrike, at its own expense to do at least one of the following: (a) use
<br />commercially reasonable efforts to provide a work -around or correct such Error; or (b) terminate Customer’s license
<br />to access and use the applicable non-conforming Product and refund the prepaid fee prorated for the unused period
<br />of the Subscription/Order Term. CrowdStrike shall have no obligation regarding Errors reported after the applicable
<br />Subscription/Order Term.
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<br />8.3 Services Warranty. CrowdStrike warrants to Customer that it will perform all Services in a professional and
<br />workmanlike manner consistent with generally accepted industry standards. Customer must notify CrowdStrike of
<br />any warranty claim for Services during the period the Services are being performed or within 30 days after the
<br />conclusion of the Services. Customer’s sole and exclusive remedy and the entire liability of CrowdStrike for its breach
<br />of this warranty will be for CrowdStrike, at its option and expense, to (a) use commercially reasonable efforts to re-
<br />perform the non-conforming Services, or (b) refund the portion of the fees paid attributable to the non -conforming
<br />Services.
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<br />8.4 Exclusions. The express warranties do not apply if the applicable Product or Service: (i) has been modified,
<br />except by CrowdStrike, (ii) has not been installed, used, or maintained in accordance with this Agreement or
<br />Documentation, or (iii) is non-conforming due to a failure to use an applicable Update. If any part of a Product or
<br />Service references websites, hypertext links, network addresses, or other third party locations, information, or
<br />activities, it is provided as a convenience only.
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<br />8.5 No Guarantee. CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT CROWDSTRIKE
<br />DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, OR DISCOVER ALL OF CUSTOMER’S
<br />OR ITS AFFILIATES’ SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, AND
<br />CUSTOMER AND ITS AFFILIATES WILL NOT HOLD CROWDSTRIKE RESPONSIBLE THEREFOR.
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<br />8.6 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 8, CROWDSTRIKE AND ITS
<br />AFFILIATES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
<br />OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS
<br />AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
<br />DocuSign Envelope ID: 15D73919-3C2B-4FD5-B1D4-12D3A740401FDocuSign Envelope ID: 8CCC378C-D84F-4D9F-BAF3-FB77653C088A
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