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This Pathfinder Control Room Evaluation Agreement (this “Agreement”) is a binding agreement between Automation Anywhere, Inc., a California corporation with offices at 633 River Oaks Parkway, San Jose,‎ CA‎ 95134 U.S.A. (“AAI”), and the individual accessing the Control Room (the “Subscriber”) regarding the provision of an AAI provisioned Control Room (the “Services”) to Subscriber on a trial basis during the Pathfinder Summit Event (the “Event”). By clicking “Accept,” registering for the Event, or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. Access Grant. AAI grants Subscriber a non-exclusive, non-sublicensable, non-transferable limited license to access and use the Services solely for testing and evaluation purposes, for the duration of the Event. Subscriber may not use the Services for any purpose other than Subscriber’s trial and evaluation.

2. Restrictions. Subscriber shall not, and shall not permit any third party to: (a) copy, modify, translate, or create derivative works of the Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or trade secrets of the Services; (c) remove, alter, or obscure any proprietary notices, labels, or marks on or in the Services; (d) use the Services for the benefit of any third party, including by renting, leasing, lending, sublicensing, or otherwise providing access to the Services; (e) use the Services for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication or external use without AAI’s prior written consent; or (f) use the Services in any manner not expressly authorized by this Agreement.

3. Subscriber Acknowledgments. Subscriber agrees that it will not submit, upload, or otherwise provide to the Services any company data, production data, personal data, or other confidential or proprietary information during the Event. Subscriber may only use (a) non-production, dummy, or test data created by Subscriber for evaluation purposes, or (b) any data provided by AAI for use in connection with the Event.

4. Termination. AAI may terminate Subscriber’s participation in the Event at any time with notice to Subscriber if Subscriber breaches its obligations under this Agreement. This Agreement will expire and terminate upon the completion of the Event, provided, however, that the terms of Sections 5 and 6 shall survive the expiration or termination of the Event. Subscriber acknowledges and agrees that its rights under this Agreement will terminate concurrently with expiration of the Event or AAI’s earlier termination of the Event.

5. DISCLAIMER OF WARRANTY. THE SERVICES ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH SUBSCRIBER. THE AAI SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THEY ARE FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AAI AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR THAT ERRORS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AAI OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES  (COLLECTIVELY, THE "AAI GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THE EVENT, THIS AGREEMENT, OR THE USE OF OR INABILITY TO USE THE SERVICES,  EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AAI GROUP’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EVENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY. TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT APPLICABLE FOR ANY REASON, THE LIABILITY OF AAI, THE AAI GROUP, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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