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<br /> LIABILITY,WHETHER IN CONTRACT, STATUTE,TORT OR OTHERWISE)FOR ANY LOST PROFITS, REVENUE,
<br /> OR SAVINGS, LOST BUSINESS OPPORTUNITIES, LOST DATA,OR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
<br /> OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
<br /> DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE; OR (B) AN
<br /> AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE TO CROWDSTRIKE FOR THE RELEVANT
<br /> OFFERING DURING THAT OFFERING'S SUBSCRIPTION/ORDER TERM. THESE LIMITATIONS WILL APPLY
<br /> NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS
<br /> AGREEMENT. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION 10.
<br /> 10.2 Additional or Different Terms That May Apply. See Exhibit C for additional or different terms related to liability
<br /> that may apply to certain Customers.
<br /> 11. Compliance with Laws. Each party agrees to comply with all U.S.federal,state, local and non-U.S. laws directly
<br /> applicable to such party in the performance of this Agreement, including but not limited to, applicable export and
<br /> import, anti-corruption and employment laws as well as the Orange County Non-Discrimination Policy and Orange
<br /> County Living Wage Policy (each policy current as of the Effective Date of this Agreement is incorporated herein by
<br /> reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.)
<br /> Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and Customer may
<br /> terminate this Agreement for material breach in accordance with Section 13. This paragraph is not intended to limit
<br /> and does not limit the definition of breach to discrimination. With respect to the Orange County Living Wage Policy,
<br /> CrowdStrike's obligation under such policy is limited to providing a living wage to its employees. Customer
<br /> acknowledges and agrees the Offerings shall not be used, transferred, or otherwise exported or re-exported to
<br /> regions that the United States and/or the European Union maintains an embargo or comprehensive sanctions
<br /> (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity subject to
<br /> individual prohibitions(e.g., parties listed on the U.S. Department of Treasury's List of Specially Designated Nationals
<br /> or the U.S. Department of Commerce's Table of Denial Orders) (collectively, "Designated Nationals"), without first
<br /> obtaining all required authorizations from the U.S. government and any other applicable government. Customer
<br /> represents and warrants that Customer is not located in, or is under the control of, or a national or resident of, an
<br /> Embargoed Country or Designated National. CrowdStrike represents and warrants that CrowdStrike is not located in,
<br /> or is under the control of, or a national or resident of, an Embargoed Country or Designated National.
<br /> 12. U.S. Government End Users.
<br /> 12.1 Commercial Items. The following applies to all acquisitions by or for the U.S. government or by any U.S
<br /> Government prime contractor or subcontractor at any tier("Government Users")under any U.S.Government contract,
<br /> grant, other transaction, or other funding agreement. The Products, CrowdStrike Tools, and Documentation are
<br /> "commercial items,"as that term is defined in Federal Acquisition Regulation ("FAR") (48 C.F.R.)2.101, consisting of
<br /> "commercial computer software"and"commercial computer software documentation,"as such terms are used in FAR
<br /> 12.211 and 12.212. In addition, Department of Defense FAR Supplement("DFARS")252.227-7015 (Technical Data
<br /> — Commercial Items) applies to technical data acquired by Department of Defense agencies. Consistent with FAR
<br /> 12.211 and 12.212 and DFARS (48 C.F.R.) 227.7202-1 through 227.7202-4, the Products, CrowdStrike Tools, and
<br /> Documentation are being licensed to Government Users pursuant to the terms of this license(s)customarily provided
<br /> to the public as forth in this Agreement, unless such terms are inconsistent with United States federal law ("Federal
<br /> Law").
<br /> 12.2 Disputes with the U.S. Government. If this Agreement fails to meet the Government's needs or is inconsistent
<br /> in any way with Federal Law and the parties cannot reach a mutual agreement on terms for this Agreement, the
<br /> Government agrees to terminate its use of the Offerings. In the event of any disputes with the U.S. Government in
<br /> connection with this Agreement, Section 14.3 of this Agreement shall not apply. Instead the rights and duties of the
<br /> parties arising from this Agreement, shall be governed by, construed, and enforced in accordance with Federal
<br /> Procurement Law and any such disputes shall be resolved pursuant to the Contract Disputes Act of 1978, as
<br /> amended (41 U.S.C. 7101-7109), as implemented by the Disputes Clause, FAR 52.233-1.
<br /> 12.3 Precedence. This U.S. Government rights in this Section are in lieu of,and supersedes,any other FAR, DFARS,
<br /> or other clause, provision, or supplemental regulation that addresses Government rights in the Offerings, computer
<br /> software or technical data under this Agreement.
<br /> CrowdStrike Form May 27 2019 9 of 17
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