ServiceNow Add-on for Windows and Linux Assets for Splunk EnterpriseServiceNow Add-on for Windows and Linux Assets for Splunk Enterprise END USER LICENSE AGREEMENTUpdated January 7, 2024 BY DOWNLOADING, INSTALLING, OR USING THE ASSETS, SOFTWARE, OR MATERIALS MADE AVAILABLE BY SERVICENOW (HEREAFTER “SOFTWARE”), YOU (THE INDIVIDUAL OR LEGAL ENTITY, HEREIN REFERRED TO AS “YOU” OR “YOUR” OR “USER”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT NOTICE (“EULA”) AND REPRESENT THAT YOU HAVE THE AUTHORITY AND ABILITY TO AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY WHICH YOU REPRESENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU MUST NOT DOWNLOAD, INSTALL, COPY, TRANSMIT, DISPLAY, OR USE THE SOFTWARE, AND YOU MUST IMMEDIATELY DELETE THE UNUSED SOFTWARE FROM YOUR SYSTEMS. THE “EFFECTIVE DATE” OF THIS EULA IS THE DATE THAT YOU OBTAIN A COPY OR BEGIN USING THE SOFTWARE, WHICHEVER IS EARLIER, AND IS BETWEEN YOU AND SERVICENOW, INC. AND ITS AFFILIATES (“SERVICENOW”). THE TERMINATION DATE OF THIS EULA IS THE DATE THAT YOU REMOVE ALL COPIES OF THE SOFTWARE FROM ALL YOUR SYSTEMS, INCLUDING THOSE HOSTED FOR YOU. No License. The Software is owned by ServiceNow, Inc., and no license to download, install, or use the Software is granted to you under this EULA. You are not permitted to download, install, or use the software unless you have an existing right to use the Software pursuant to a current and valid customer subscription agreement or Master Ordering Agreement (collectively “MOA” for purposes of this EULA) that you have for ServiceNow’s subscription service. The Software is “Software” (alternatively, for some MOA versions, “Ancillary Software”) as such term is used in the applicable MOA, and the only licenses you have with respect to the Software are those that have already been granted to you under the MOA.Intellectual Property. As between you and ServiceNow, all rights, title, and interest in and to all intellectual property rights in the Software are owned exclusively by ServiceNow. You must not, and must not permit others to: (a) use or access the Software in excess of the rights and permissions granted to you under a current and valid MOA; or (b) disassemble, reverse engineer, or decompile the Software. ServiceNow reserves all rights not expressly granted herein and your MOA.Copyright: This Software is copyrighted by ServiceNow, Inc. Copyright (C) 2024 ServiceNow, Inc. All rights reserved.Trademarks: SERVICENOW(R) and NOW(R) are trademarks and service marks of ServiceNow, Inc. Other product names and brands are the trademarks or service marks of their respective owners.Patents: This Software as well as other products and services of ServiceNow may be protected by patents in the United States and other countries, including but not limited to, those listed on http://www.servicenow.com/content/dam/servicenow-assets/public/enus/doc-type/legal/servicenow-patents-marking.pdf (which is incorporated by reference). Additional patents are pending.Open Source: This Software may include or be accompanied by software provided by third parties, including software provided to you under an open source license, as indicated in the ServiceNow OSS Disclosure file that may accompany this product or made available online. Such third-party software may have been modified by ServiceNow and/or may be subject to third-party license restrictions, which you must accept as a condition to using 20240306 such software. If an accompanying ServiceNow OSS Disclosure file for details is attached, it provides additional copyright notices, attributions, and third-party license terms.No Warranty. Without limiting the warranty provided under your MOA, if any, to the maximum extent allowed by law, ServiceNow disclaims all warranties of any kind, express or implied, oral or written, including warranties arising under statute, warranties of merchantability, accuracy, title, non-infringement or fitness for a particular purpose.8. Limitations of Liability. To the maximum extent permitted by law, ServiceNow will not be liable to you for incidental, consequential, punitive, special or exemplary damages (including damage to business, reputation or goodwill), or indirect damages of any type however caused, whether by breach arising out of or related to the Software, whether based on contract, tort (including negligence) or any other legal or equitable theory, is limited to one hundred dollars (US $100). The existence of more than one claim will not enlarge this limit. You agree that these limitations will apply even if a limited remedy is found to have failed of its essential purpose, and that the foregoing limitations are fair given that the Software is made available without separate charge. 9. General. This EULA is governed by the laws of the State of New York, without reference to or application of rules governing choice of laws. You irrevocably consent and waive any objection to the exclusive jurisdiction and venue of the federal and state courts located in New York County, New York with respect to any claims, suits, or proceedings arising out of or in connection with this EULA. Notwithstanding the foregoing, ServiceNow may at any time seek and obtain appropriate legal or equitable relief in any court of competent jurisdiction for claims regarding ServiceNow’s intellectual property rights. The prevailing party in any claim or dispute between the parties under this EULA will be entitled to reimbursement of its reasonable attorney fees and costs. The failure of either party to enforce any provision of this EULA will not constitute a waiver of the party’s rights to subsequently enforce the provision or any other provision. If any provision of this EULA is determined by any court to be invalid or unenforceable, any partially valid and enforceable provisions will be enforced to the maximum extent permissible by law. You agree to comply with any statutes and regulations that apply to your use of the Software, including but not limited to United States and foreign export control laws and regulations, and laws and regulations relating to data privacy and security. You may not assign, delegate, subcontract or otherwise transfer, directly or by operation of law, any of your rights or obligations hereunder without the prior written consent of ServiceNow. This EULA, along with the applicable MOA, constitute the complete and final agreement of the parties pertaining to the subject matter hereof. To the extent of any conflict between this EULA and the MOA, the terms of this EULA control.