Common use of Orders Generally Clause in Contracts

Orders Generally. 6.1.1 Customer must pay all charges Customer incurs for Customer’s use of the Service Offering. Charges may consist of both a committed amount as well as additional amounts, including but not limited to charges for add-on features that Customer orders or enables, as well as charges Customer incurs based on actual usage of the Service Offering (metered charges, or “overages”). Customer must establish a method of payment to cover charges. NetWitness may bill Customer directly for any additional charges, even if Customer purchases the entitlement for the Service Offering through an NetWItness-authorized reseller. NetWitness may not require a purchase order to invoice Customer for charges. 6.1.2 All Orders are subject to the terms of this Agreement and are not binding until NetWitness accepts them. An Order will be deemed accepted when NetWitness delivers Customer’s Login Credentials to the email address associated with the account, or otherwise as set forth in the Service Description. NetWitness is not required to provide the Service Offering to Customer until Customer provides to NetWitness all information NetWitness requires for processing Customer’s Order and provisioning the Service Offering for Customer. All Orders are non-refundable and non-cancellable except as expressly provided in the Agreement. Any refunds to which Customer is entitled under the Agreement will be remitted to Customer or, if applicable, to the NetWitness channel partner from which Customer purchased Customer’s entitlement to use the Service Offering. 6.1.3 If Customer pays for a Service Offering through a credit card, where credit card payment is available, Customer may be subject to any additional terms presented to Customer by NetWitness’ third- party credit card payment processor, which may be the merchant of record for that transaction.

Orders Generally. 6.1.1 Customer must pay all charges Customer incurs for Customer’s use of the Service Offering. Charges may consist of both a committed amount as well as additional amounts, including but not limited to charges for add-on features that Customer orders or enables, as well as charges Customer incurs based on actual usage of the Service Offering (metered charges, or “overages”). Customer must establish a method of payment to cover charges. NetWitness RedSeal may bill Customer directly for any additional charges, even if Customer purchases the entitlement its subscription(s) for the Service Offering through an NetWItnessRedSeal-authorized reseller. NetWitness RedSeal may not require a purchase order to invoice Customer for charges. 6.1.2 All Orders are subject to the terms of this the Agreement and are not binding until NetWitness RedSeal accepts them. An Order will be deemed accepted when NetWitness RedSeal delivers Customer’s Login Credentials to the email address associated with the account, or otherwise as set forth in the Service Description. NetWitness RedSeal is not required to provide the Service Offering to Customer until Customer provides to NetWitness RedSeal all information NetWitness RedSeal requires for processing Customer’s Order and provisioning the Service Offering for Customer. All Orders are non-refundable and non-cancellable except as expressly provided in the Agreement. Any refunds to which Customer is entitled under the Agreement will be remitted to Customer or, if applicable, to the NetWitness RedSeal channel partner from which Customer purchased Customer’s entitlement to use the Service Offering. 6.1.3 If Customer pays for a Service Offering through a credit card, where credit card payment is available, Customer may be subject to any additional terms presented to Customer by NetWitness’ third- RedSeal’s third-party credit card payment processor, which may be the merchant of record for that transaction. 6.1.4 If Customer purchases a subscription to the Service Offering through an RedSeal-authorized reseller, different terms regarding invoicing, payment, and taxes may apply. 6.1.5 Unless Customer and RedSeal agree otherwise, (a) charges Customer incurs for using the Service Offering will be governed by the applicable price list at the time of invoicing, and (b) Customer must pay all charges no later than 30 days after the date of invoice, with interest accruing thereafter at the lesser of 1.5% per month or the highest lawful rate. 6.1.6 Service Offering fees are exclusive of Taxes. Customer must pay or reimburse RedSeal for all Taxes arising out of the transactions contemplated by the Agreement, except for taxes based on RedSeal’s net income, gross revenue, or employment obligations. RedSeal shall provide Customer with a valid invoice if VAT is chargeable in respect of any amount payable under the Agreement. Customer may qualify for tax exemptions from time to time in which case RedSeal requests that Customer timely provide it with a valid certificate of exemption or other appropriate documentary proof of exemption. If Customer is required to pay or withhold any Tax for payments due under the Agreement, where RedSeal is resident in a different country than Customer, Customer must gross up Customer’s payments to RedSeal so that RedSeal receives the amount it would have received if such deduction or withholding tax were not required where legally permitted. If Customer is required to pay any Taxes to a taxing authority, Customer must also provide documentation to RedSeal showing that Customer paid those Taxes. RedSeal will not be responsible to Customer for any penalties, interest or other charges arising from any act or omission by Customer with respect to tax compliance. 6.1.7 Upon notice and consent of Customer, but not more than once a year, the fees set forth in the applicable Order may be subject to an adjustment based upon increases in the most current published Consumer Price Index (“CPI”) for the previous twelve- month period. The CPI will be measured as indicated in the column for Urban Wage Earners and Clerical Workers, U.S. City average (base index year 1982-1984=100) as published by the Bureau of Labor Statistics. This increase will be in additional to any other increases. Failure for Customer to consent to the CPI increase may result in a termination by RedSeal. 6.1.8 To ensure either party is not disadvantaged by large fluctuations in critical components, labor or supply chain, the Parties may annually review of the cumulative change in costs. If these cumulative changes are less than +5% of the pricing, since the last annual review, there will be no change to the pricing. Should the cumulative change, meet or exceed +5% since the last annual review, the pricing will change by the cumulative changes of the cost. RedSeal will provide 30 days’ advance notice of such an expected change. This Section only applies if pricing is fixed or specified in this Order. Notwithstanding anything to the contrary, any changes not presented during the annual review are hereby irrevocably waived. 6.1.9 Customer agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by RedSeal regarding future functionality or features.

Orders Generally. 6.1.1 Customer must pay all charges Customer incurs for Customer’s use of the Service Offering. Charges may consist of both a committed amount as well as additional amounts, including but not limited to charges for add-on features that Customer orders or enables, as well as charges Customer incurs based on actual usage of the Service Offering (metered charges, or “overages”). Customer must establish a method of payment to cover charges. NetWitness SecurID may bill Customer directly for any additional charges, even if Customer purchases the entitlement its subscription(s) for the Service Offering through an NetWItnessa SecurID-authorized reseller. NetWitness SecurID may not require a purchase order to invoice Customer for charges. 6.1.2 All Orders are subject to the terms of this the Agreement and are not binding until NetWitness SecurID accepts them. An Order will be deemed accepted when NetWitness SecurID delivers Customer’s Login Credentials to the email address associated with the account, or otherwise as set forth in the Service Description. NetWitness SecurID is not required to provide the Service Offering to Customer until Customer provides to NetWitness SecurID all information NetWitness SecurID requires for processing Customer’s Order and provisioning the Service Offering for Customer. All Orders are non-refundable and non-cancellable except as expressly provided in the Agreement. Any refunds to which Customer is entitled under the Agreement will be remitted to Customer or, if applicable, to the NetWitness SecurID channel partner from which Customer purchased Customer’s entitlement to use the Service Offering. 6.1.3 If Customer pays for a Service Offering through a credit card, where credit card payment is available, Customer may be subject to any additional terms presented to Customer by NetWitness’ SecurID’s third- party credit card payment processor, which may be the merchant of record for that transaction.

Orders Generally. 6.1.1 5.1.1 Customer must pay all charges Customer incurs for Customer’s use of the Service Offering. Charges may consist of both a committed amount as well as additional amounts, including but not limited to charges for add-on features that Customer orders or enables, as well as charges Customer incurs based on actual usage of the Service Offering (metered charges, or “overages”). Customer must establish a method of payment to cover charges. NetWitness may bill Customer directly for any additional charges, even if Customer purchases the entitlement for the Service Offering through an NetWItness-a NetWitness authorized reseller. NetWitness may not require a purchase order to invoice Customer for charges. 6.1.2 5.1.2 All Orders are subject to the terms of this the Agreement and are not binding until NetWitness accepts them. An Order will be deemed accepted when NetWitness delivers Customer’s Login Credentials to the email address associated with the account, or otherwise as set forth in the Service Description. NetWitness is not required to provide the Service Offering to Customer until Customer provides to NetWitness all information NetWitness requires for processing Customer’s Order and provisioning the Service Offering for Customer. All Orders are non-refundable and non-cancellable except as expressly provided in the Agreement. Any refunds to which Customer is entitled under the Agreement will be remitted to Customer or, if applicable, or to the NetWitness channel partner from which Customer purchased Customer’s entitlement to use the Service Offering. 6.1.3 5.1.3 If a physical object is shipped in connection with the Service Offering, shipping and delivery terms are Ex Works NetWitness’ regional fulfillment facility (INCOTERMS 2010) or as NetWitness or Customer’s authorized NetWitness reseller may otherwise specify. 5.1.4 If Customer pays for a Service Offering through a credit card, where credit card payment is available, Customer may be subject to any additional terms presented to Customer by NetWitness’ third- third-party credit card payment processor, which may be the merchant of record for that transaction.

Orders Generally. 6.1.1 5.1.1 Customer must pay all charges Customer incurs for Customer’s use of the Service Offering. .Charges may consist of both a committed amount as well as additional amounts, including but not limited to charges for add-on features that Customer orders or enables, as well as charges Customer incurs based on actual usage of the Service Offering (metered charges, or “overages”). Customer must establish a method of payment to cover charges. NetWitness may bill Customer directly for any additional charges, even if Customer purchases the purchasesthe entitlement for the Service Offering through an NetWItness-a NetWitness authorized reseller. NetWitness may not require a purchase order to invoice Customer for charges. 6.1.2 5.1.2 All Orders are subject to the terms of this the Agreement and are not binding until NetWitness accepts them. An Order will be deemed accepted when NetWitness delivers Customer’s Login Credentials to the email address associated with the account, or otherwise as set forth in the Service Description. NetWitness is not required to provide the Service Offering to Customer until Customer provides to NetWitness all information NetWitness requires for processing Customer’s Order and provisioning the Service Offering for CustomerforCustomer. All Orders are non-refundable and non-cancellable except as expressly provided in providedin the Agreement. Any refunds to which Customer is entitled under the Agreement will be remitted to Customer or, if applicable, or to the NetWitness channel partner from which Customer purchased Customer’s entitlement to use the Service Offering. 6.1.3 5.1.3 If a physical object is shipped in connection with the Service Offering, shipping and delivery terms are Ex Works NetWitness’ regional fulfillment facility (INCOTERMS 2010) or as NetWitness or Customer’s authorized NetWitness reseller may otherwise specify. 5.1.4 If Customer pays for a Service Offering through a credit card, where credit card payment is available, Customer may be subject to any additional terms presented to Customer by NetWitness’ third- third-party credit card payment processor, which may be the merchant of record for that transaction.

Orders Generally. 6.1.1 5.1.1 Customer must pay all charges Customer incurs for Customer’s use of the Service Offering. .Charges may consist of both a committed amount as well as additional amounts, including but not limited to charges for add-on features that Customer orders or enables, as well as charges Customer incurs based on actual usage of the Service Offering (metered charges, or “overages”). Customer must establish a method of payment to cover charges. NetWitness may bill Customer directly for any additional charges, even if Customer purchases the purchasesthe entitlement for the Service Offering through an NetWItness-a NetWitness authorized reseller. NetWitness may not require a purchase order to invoice Customer for charges. 6.1.2 5.1.2 All Orders are subject to the terms of this the Agreement and are not binding until NetWitness accepts them. An Order will be deemed accepted when NetWitness delivers Customer’s Login Credentials to the email address associated with the account, or otherwise as set forth in the Service Description. NetWitness is not required to provide the Service Offering ServiceOffering to Customer until Customer provides to NetWitness all information NetWitness requires for processing Customer’s Order and provisioning the Service Offering for CustomerforCustomer. All Orders are non-refundable and non-cancellable except as expressly provided in providedin the Agreement. Any refunds to which Customer is entitled under the Agreement will be remitted to Customer or, if applicable, or to the NetWitness channel partner from which Customer purchased Customer’s entitlement to use the Service Offering. 6.1.3 5.1.3 If a physical object is shipped in connection with the Service Offering, shipping and delivery terms are Ex Works NetWitness’ regional fulfillment facility (INCOTERMS 2010) or as NetWitness or Customer’s authorized NetWitness reseller may otherwise specify. 5.1.4 If Customer pays for a Service Offering through a credit card, where credit card payment is available, Customer may be subject to any additional terms presented to Customer by NetWitness’ third- third-party credit card payment processor, which may be the merchant of record for that transaction.