Cybereason MLSA Special and Different Terms

The following terms shall apply to the country, Offering or category of customers/partners specifically identified below (“Special Terms”). These Special Terms are fully incorporated by reference into the Master License and Services Agreement (“Agreement”) and are a part of the Agreement. In the event of any inconsistency between these Special Terms and the Agreement, these Special Terms shall supersede.

Japan: Elimination of Anti-Social Forces. Each Party represents and warrants that, as of the Effective Date and during the term of the Agreement, (a) the Party itself, its directors, officers, employees engaging in management, persons or entities which substantially hold control over the Party, or any equivalent (collectively the “Party or Its Officers”) are not, or during the period of the past five (5) years had not been, organized crime groups (boryokudan), members of an organize crime group (boryokudan-in), companies related to an organized crime group (boryokudan kankei kigyo), corporate racketeer (sokaiya), false social activists (shakai undo hyobo goro), violent groups of special intelligence (tokushu chinou boryoku shudan), terrorists, terror organizations, or any equivalent or members thereof (collectively, the “Anti-Social Forces”); (b) the Party or Its Officers shall not have any socially disapproved relationship with the Anti-Social Forces; (c) the Party or Its Officers shall not have any relationship in which the Party or Its Officers supply funds or provide any benefits to the Anti-Social Forces; (d) it does not let the Anti-Social Forces use its name to enter into the Agreement; or (e) it will not engage in the following acts against the other party by itself or using any third party: (i) make demand with violence; (ii) make unjustified demand beyond legal liability; (iii) behave threateningly or conduct an act using violence in the course of the transactions; or (iv) obstruct the other Party’s business or damage the other Party’s credibility by spreading false information, or using fraudulent means or power. Each Party agrees the breach of this section constitutes a breach of its material obligation under the Agreement. For clarity, neither Party will be liable against the other Party for any damages arising from or in connection with termination due to the other Party’s breach of this section.

Japan: Both parties agree that Cybereason, including its Affiliate, may engage a third party to perform the provision of the Offering and relevant activities on behalf of Cybereason under Cybereason's responsibility.