Mulesoft Master Subscription Agreement

11.7 Review fees. For subscriptions covered by Appendix 1 of this Agreement, the Customer will keep accurate records of the use of the Software, as approved by this Agreement, for at least one (1) year from the last day of the expiration of the corresponding software support and maintenance. MuleSoft, or persons designated by MuleSoft, will have the right, at any time when the customer is required to keep these records, to verify the completeness and accuracy to verify that the Software is being used by the Customer in accordance with the terms of this Agreement and that the Customer has paid the royalties and costs of maintenance and maintenance of the software. If: a) MuleSoft may not perform more than one (1) test for a period of twelve (12) months; (b) this review is subject to a mutually agreed confidentiality agreement negotiated in good faith and concluded by the parties; and (c) MuleSoft will make reasonable economic efforts to minimize disruption to the client`s normal business as part of such an audit. The customer must pay MuleSoft immediately for subordinate underpayments discovered by such a review. Such an audit is carried out at MuleSoft`s expense. Unless expressly authorized, the receiving party will remain confidential and will not use or disclose confidential information. The duty of confidentiality of the receiving party does not apply to the information that the receiving party can document: (i) prior to receipt of confidential information, it was legally in its possession or was known; (ii) whether or so it has become public without fault of the receiving party; (iii) is legally received by the receiving party by a third party without violating the duty of confidentiality; (iv) be developed independently of the staff of the receiving party who did not have access to this information; or (v) under a regulation, statute or order of the Court (but only to the extent necessary to comply with this regulation or order and with prior notification to the unveiling party). Each party will only disclose confidential information to its staff, representatives, representatives and authorized contractors (together “representatives”) who must be aware of this agreement. Each party will inform these representatives of each party`s restrictions, obligations and obligations with respect to the use, access and non-disclosure of confidential information, and will inform these representatives that they do not apply these restrictions, obligations and obligations regarding this confidential information in a less restrictive manner than those contained in it. Each party is responsible for all acts and omissions of representatives regarding the other party`s confidential information. Each party undertakes to immediately notify the other party after knowledge of a violation of one of the property restrictions set out in this section or after having had reason to believe that it violates one of the ownership restrictions set out in this section.

The receiving party recognizes that the disclosure of confidential information would cause significant harm for which damages alone would not be a sufficient remedy, and that, for such disclosure, the public party has the right to demand an appropriate exemption, in addition to any other legal remedy. 1.2 “Cloud offers” refer to MuleSoft`s proprietary web products and services that can be listed on an order form and then made available by MuleSoft via the customer connection to anypoint.mulesoft.com and other MuleSoft-designated websites, including associated offline components (but without solution components or third-party infrastructure).