Lens Cloud Services Additional Terms

October 16, 2023

Your use of the Lens Cloud Services is subject to these Additional Terms (the “Additional Terms”), which supplement and are incorporated into the Lens Terms of Service Agreement (collectively; the “Agreement”). By using Lens AppIQ or the other Lens Cloud Services in any manner, you represent and affirm that you have read, understand and agree to be legally bound by and comply with Lens Terms of Service Agreement and these Additional Terms. If you do not agree with Lens Terms of Service Agreement and these Additional Terms, you are not authorized to use the Lens Cloud Services in any manner.

1. RIGHTS TO USE THE LENS CLOUD SERVICES

1.1. In order to use the Lens AppIQ or other Lens Cloud services (“Cloud Services”), you and your Users must create a Lens ID.

1.2. Subject to your compliance with Agreement, including, without limitation, your payment of all applicable fees, Mirantis hereby grant you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to (i) access and use the Cloud Services solely as described in the applicable documentation and policies, and solely for your internal use; and (ii) access and use Cloud Services APIs and SDKs in your applications solely as described in the applicable documentation and policies, and solely for your internal use.

1.3. A current Lens Subscription level, fees or other requirements may apply for access to and use of certain Cloud Services or Cloud Services features.

1.4. Mirantis reserves the right to apply or change any requirements for Lens Subscriptions, business model, fees (including changing features, products, and Cloud Services from free to requiring payment), pricing, delivery methods, or other requirements associated with any of the Cloud Services or features at any time.

1.5. Some features of the Cloud 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 and access to Cloud Services.

1.6. Except for the foregoing licenses, you have no other rights in the Cloud Services or Cloud Services APIs. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Cloud Services or Cloud Services APIs. All rights not granted in this Agreement are reserved.

2. AVAILABILITY OF SERVICES

2.1. Cloud Services or some features of Cloud Services may be unavailable at certain times, including during any unanticipated or unscheduled downtime or as a result of system failures or force majeure events. Mirantis will use commercially reasonable efforts to provide you with information regarding any such interruptions and the restoration of use of, and access to, Cloud Services following any interruption.

2.2. We may temporarily or permanently suspend your access to any portion or all of the Cloud Services if we reasonably determine that: (a) there is a threat or attack targeting Cloud Services (including a denial of service attack) or other event that may create a risk to the Cloud Services or users of the Cloud Services; (b) your use of the Cloud Services disrupts or poses a security risk to the Cloud Services or any other user of the Cloud Services, may harm our systems, or may subject us or any third party to liability; (c) you are using the Cloud Services for fraudulent or illegal activities; (d) we believe you are using the Cloud Services in breach of Agreement; (e) you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding (collectively, “Service Suspensions”). If you are an affected subscriber, we will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension.

3. FEES & PAYMENTS

3.1. Mirantis reserves the right to require payment of fees from you for certain Cloud Services. If you choose to use any Cloud Services that carry a fee, you shall pay all applicable fees as described in an order form, online confirmation dialogue, sign-up form, subscription form, product page, or as part of the billing flow, an addendum, a statement of work, or a similar document or communication; or (ii) located in the Cloud Services software development kits.

3.2. 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 Cloud 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.

3.3. 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 Lens Desktop Application or Cloud Services. Your use of the Lens Desktop Application, Cloud Services or Cloud Services APIs following such notification constitutes your acceptance of any new or increased charges.

4. USER CONTENT

4.1. Some of the features of the Cloud Services allow you and other users to submit and share information, data, text, messages or other content with other users (collectively, “User Content”). You retain full ownership of the User Content you have created. You are solely responsible for your User Content and may not upload, post or otherwise make available any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether you have sufficient permission to share such information is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content you provide. Except as otherwise explicitly stated herein for Private User Content (as described below), you understand and agree that all User Content is considered both non-confidential and non-proprietary.

4.2. Unless your User Content is Private User Content (as described below), by uploading or submitting User Content through the Cloud Services, you hereby grant Mirantis an irrevocable, sub-licensable, worldwide, non-exclusive, fully paid-up, royalty-free license to

• Reproduce, reformat, modify, translate, distribute, make available and display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and

• Use (and permit others to use) your User Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service).

  4.3. You are solely responsible for your non-private User Content and the consequences of posting or publishing them. In connection with non-private User Content, you affirm, represent, and warrant that:

• You either own such User Content or have the necessary licenses, rights, consents, and permissions to grant the rights and licenses granted in this Agreement; and

• Mirantis’ exercise of the license rights granted in this Agreement, does not and will not require obtaining a license from or paying any fees and/or royalties by Mirantis to any third party; and

• Your User Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; and

• You voluntarily agree to waive all “moral rights” that you may have in your User Content; and Any information contained in your User Content is not known by you to be false, inaccurate, or misleading; and

• Your User Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and

• Your User Content is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy; and

• You were not and will not be compensated or granted any consideration by any third party for submitting your User Content; and

• Your User Content does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own); and

• Your User Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and

• Your User Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

  4.4. Some of the Cloud Services provide you an option to choose to make certain User Content available for viewing only for a limited number of users (“Private User Content”). By uploading or submitting Private User Content through the Cloud Services, you hereby grant Mirantis an irrevocable, sub-licensable, worldwide, non-exclusive, fully paid-up, royalty-free license to reproduce, reformat, modify, translate, distribute, make available and display your Private User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed, for purposes of providing the Private User Content to you and the users you designate.

  4.5. You are solely responsible for your Private User Content and the consequences of posting or publishing it. In connection with Private User Content, you affirm, represent, and warrant that:

• You either own such Private User Content or have the necessary licenses, rights, consents, and permissions to grant the rights and licenses granted in this Agreement; and

• Mirantis’ exercise of the license rights granted in this Agreement, does not and will not require obtaining a license from or paying any fees and/or royalties by Mirantis to any third party; and

• Your Private User Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; and

• Your Private User Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and

• Your Private User Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and

• Your Private User Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

  4.6. You understand that User Content made available on or through the Cloud Services comes from a variety of sources and that Mirantis does not endorse and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You understand that Mirantis cannot, does not, and has no obligation to review all User Content and does not endorse any User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, misleading, infringing, or otherwise objectionable. We do not guarantee that you will be able to edit or delete any User Content you have submitted, except for cases envisaged by the Lens Cloud Services Data Processing Addendum. Mirantis reserves the right to edit or remove any User Content at any time without prior notice. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mirantis with respect to your User Content and any User Content with which you may interact through your use of Cloud Services.

  4.7 These obligations of Section 4 are in addition to the obligations set forth in the Lens Terms of Service Agreement.

5. UNAUTHORIZED ACTIVITIES

Your use of the Cloud Services is only for the purposes permitted in this Agreement. Any other use beyond such purposes is prohibited and, therefore, constitutes unauthorized use of our intellectual property. Unauthorized use may result in violation of various United States and international copyright laws. Unless you have written permission from Mirantis expressly stating otherwise, you may not use Cloud Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of Cloud Services or Cloud Services APIs;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt the Cloud Services, or the servers or networks connected to the Cloud Services;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with the Cloud Services;
• Attempt to use the Cloud Services in a way that is intended to avoid incurring fees or exceed usage limits;
• Attempt to gain unauthorized access to any portion of Cloud Services, or any other accounts, computer systems, or networks associated with the Cloud Services, whether through hacking, password mining, or any other means.

6. Data Processing

Any personal information processed by Mirantis on behalf of you where Mirantis is in position of the data processor or a similar position based on applicable data protection laws will be processed as described in the Lens Cloud Services Data Processing Agreement which the parties agree to incorporate by this reference into this Agreement.