INNOBASE LTD.

TERMS OF INNODB HOT BACKUP SUPPORT

For the purposes of these Terms,

Innobase

shall mean Innobase Oy (www.innodb.com/company).

InnoDB Hot Backup

shall mean InnoDB Hot Backup software programs in object code form and documentation, if any, as distributed with InnoDB Hot Backup.

InnoDB Hot Backup is protected by copyright laws and international copyright treaties as well as other intellectual property treaties.

GENERAL

InnoDB Hot Backup Support includes attempts to solve up to ten (10) technical issues per year per customer pertaining to the use of the InnoDB Hot Backup software only. You may notify us of such support
case by sending us an e-mail describing in detail the issue and the severity of the issue. We will then use our reasonable efforts, without accepting any legal obligation to do so, to respond per e-mail only to your request within one to two business days during normal business hours. Such response time is a guideline only and any delay in response shall have no legal, financial or other consequence and in particular any such delay shall not constitute a breach of this support agreement.

NO WARRANTY

InnoDB Hot Backup support IS PROVIDED FOR YOUR USE “AS IS” WITHOUT WARRANTY OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW. INNOBASE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF InnoDB Hot Backup LIES WITH YOU.

LIMITATION OF LIABILITY

INNOBASE SHALL NOT IN ANY WAY BE RESPONSIBLE FOR InnoDB Hot Backup’s ABILITY TO REPEAL A SPECIFIC VIRUS OR FOR DAMAGES CAUSED BY AN UNSUCCESSFUL VIRUS PROTECTION.

INNOBASE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EVEN IF INNOBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL TOTAL LIABILITY OF INNOBASE UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEE PAID BY YOU FOR InnoDB Hot Backup.