Common use of Google Clause in Contracts

Google. 1. In addition to the terms and conditions of this Agreement, use of GCP by Company and its End Users, whether under a direct subscription with Google or as an element of or in conjunction with Purchased Services, is subject to and governed by the Google Cloud Platform Terms of Service (see ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/terms) (“GCP Terms”). Company agrees that Google is a third party beneficiary of this Agreement and may enforce the GCP Terms directly with Company regardless of whether Company subscribes GCP directly from Google or as an element of or in conjunction with Purchased Services. 2. Company will not, and will not allow End Users to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any source code from GCP (except to the extent such restriction is expressly prohibited by applicable law); sell, resell, sublicense, transfer or distribute GCP; or (c) access or use the GCP (i) in a manner intended to avoid incurring fees for such services; (ii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iii) in a manner that breaches, or causes the breach of, export control laws; or (iv) to transmit, store, or process health information subject to United States regulations under the Health Insurance Portability and Accountability Act of 1996, as amended from time to time (“HIPAA”) except as permitted by an executed HIPAA Business Associate Agreement with Google. 3. To the fullest extent permitted under applicable law, Google (a) does not make any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, noninfringement, or error-free or uninterrupted use of GCP and (b) makes no representation about content or information accessible through GCP. GCP is not intended for High Risk Use. Any use of GCP for High Risk Use will be at Company or its End User’s own risk and Company will be solely liable for the results of any failure of GCP when used for High Risk Use. 4. Company and its End User’s will comply with the then-current acceptable use policy for GCP described at ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/terms/aup (“AUP”) and will defend, indemnify and hold Workspot harmless from any violation of the AUP by Company or any End User. 5. Company will not: (a) use, and will not allow End Users to use, GCP to operate or enable any telecommunications service, or to place or receive calls from any public switched telephone network including as part of a program that Company creates or hosts using GCP (“Company Application”), with the understanding that the foregoing restriction shall not apply to Google Meet; or (b) use GCP to provide a hosting, outsourced, or managed services solution to unaffiliated third parties, except as part of a Customer Application that provides value distinct from GCP. 6. Google may update GCP, provided the updates do not result in a material reduction of the functionality, performance, availability, or security of GCP. 7. Google may suspend GCP if (a) necessary to comply with applicable law or protect GCP or Google’s infrastructure supporting GCP or (b) Company or any End User’s use of GCP does not comply with the AUP, and it is not cured following notice from Google. 8. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally without input from the copyright holders. Google will respond to notices of alleged copyright infringement and may terminate repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millenium Copyright Act. If Company believes a person or entity is infringing Company’s or its End User’s copyrights and would like to notify Google, Company can find information about submitting notices, and Google’s policy about responding to notices, at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/dmca.html. 9. To the extent that Workspot Cloud Services include any feature or elements that utilize Google Map features or content, the following shall apply: a. Use of Google Maps features and content is subject to the then-current versions of the: i. Google Maps/Google Earth Additional Terms of Service at ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇▇/help/terms_maps.html; and ii. Google Privacy Policy at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/policies/privacy/. b. Company will not, and will not permit its End Users to: i. Export, extract, or otherwise scrape Google Maps Content for use outside of the Workspot Cloud Services, for example, not: 1. Download Google Map tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; 2. Save business names, addresses, or user reviews; 3. Use Google Maps Content with text-to-speech services; or 4. Include any Google Maps Content in any electronic or printed documents; ii. Cache Google Maps Content except as expressly permitted under Maps Service Specific Terms (described at ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/maps-platform/terms/mps- service-terms) iii. Create content based on Google Maps Content, for example, not: 1. Trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite based map type; 2. Create 3D building models from 45° Imagery from Maps Javascript API; 3. Build terrain models based on elevation values from the Elevation API; 4. Use latitude/longitude values from the Places API as an input for point-in- polygon analysis; 5. construct an index of tree locations within a city from Street View imagery; or 6. convert text-based driving times into synthesized speech results, iv. Create a product or service with features that are substantially similar to or that re- create a Google product or service. v. Use the Google Maps Core Services for High Risk Activities, which includes: 1. Emergency response services; 2. Autonomous and semi-autonmous vehicle or drone control; 3. Vessel navigations; aviation; 4. Air traffic control; and 5. Nuclear facilities operation. Last Updated: May 4, 2020– see ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/privacy-policy for the then-current Workspot Privacy Policy) Your privacy is important to Workspot, Inc. (“Workspot”). This Policy explains how your personal information is collected, used, and disclosed by Workspot. This Privacy Policy (“Privacy Policy“) explains how information is collected, used and disclosed by Workspot Inc., a Delaware corporation (“Workspot“, “we”, or “us”), and applies to information we collect when you use or access our online or mobile websites (www.workspot com), products, services or applications (collectively, the “Workspot Services“), or when you otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you. Workspot, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. See the section entitled EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, below, for further information. WHAT WE COLLECT We collect information from you in various ways when you use our website or correspond with us via communication services, such as email and social media. We may collect personal information that you directly enter on our website or send to us via communication services. Information we may collect includes name, email address, title, and company. In addition, when you visit our website some information may be automatically collected. For example, it is standard for your web browser to automatically send information to every website you visit including ours. That information includes your computer’s Internet Protocol (IP) address, access times, browser type and language, and referring website addresses. We may also collect information about your computer’s operating system and information about your usage and activity on our website. We use this information, which does not identify individual users, to administer the site, to track users’ movements around the site or hosted service, to improve our products and services, and for internal recordkeeping as a whole. To learn more about how we automatically collect personal information, see the section entitled Tracking Technologies.

Google. 1. In addition to the terms and conditions of this Agreement, use of GCP by Company and its End Users, whether under a direct subscription with Google or as an element of or in conjunction with Purchased Services, is subject to and governed by the Google Cloud Platform Terms of Service (see ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/terms) (“GCP Terms”). Company agrees that Google is a third party beneficiary of this Agreement and may enforce the GCP Terms directly with Company regardless of whether Company subscribes GCP directly from Google or as an element of or in conjunction with Purchased Services. 2. Company will not, and will not allow End Users to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any source code from GCP (except to the extent such restriction is expressly prohibited by applicable law); sell, resell, sublicense, transfer or distribute GCP; or (c) access or use the GCP (i) in a manner intended to avoid incurring fees for such services; (ii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iii) in a manner that breaches, or causes the breach of, export control laws; or (iv) to transmit, store, or process health information subject to United States regulations under the Health Insurance Portability and Accountability Act of 1996, as amended from time to time (“HIPAA”) except as permitted by an executed HIPAA Business Associate Agreement with Google. 3. To the fullest extent permitted under applicable law, Google (a) does not make any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, noninfringement, or error-free or uninterrupted use of GCP and (b) makes no representation about content or information accessible through GCP. GCP is not intended for High Risk Use. Any use of GCP for High Risk Use will be at Company or its End User’s own risk and Company will be solely liable for the results of any failure of GCP when used for High Risk Use. 4. Company and its End User’s will comply with the then-current acceptable use policy for GCP described at ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/terms/aup (“AUP”) and will defend, indemnify and hold Workspot harmless from any violation of the AUP by Company or any End User. 5. Company will not: (a) use, and will not allow End Users to use, GCP to operate or enable any telecommunications service, or to place or receive calls from any public switched telephone network including as part of a program that Company creates or hosts using GCP (“Company Application”), with the understanding that the foregoing restriction shall not apply to Google Meet; or (b) use GCP to provide a hosting, outsourced, or managed services solution to unaffiliated third parties, except as part of a Customer Application that provides value distinct from GCP. 6. Google may update GCP, provided the updates do not result in a material reduction of the functionality, performance, availability, or security of GCP. 7. Google may suspend GCP if (a) necessary to comply with applicable law or protect GCP or Google’s infrastructure supporting GCP or (b) Company or any End User’s use of GCP does not comply with the AUP, and it is not cured following notice from Google. 8. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally without input from the copyright holders. Google will respond to notices of alleged copyright infringement and may terminate repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millenium Copyright Act. If Company believes a person or entity is infringing Company’s or its End User’s copyrights and would like to notify Google, Company can find information about submitting notices, and Google’s policy about responding to notices, at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/dmca.html. 9. To the extent that Workspot Cloud Services include any feature or elements that utilize Google Map features or content, the following shall apply: a. Use of Google Maps features and content is subject to the then-current versions of the: i. Google Maps/Google Earth Additional Terms of Service at ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇▇/help/terms_maps.html; and ii. Google Privacy Policy at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/policies/privacy/. b. Company will not, and will not permit its End Users to: i. Export, extract, or otherwise scrape Google Maps Content for use outside of the Workspot Cloud Services, for example, not: 1. Download Google Map tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; 2. Save business names, addresses, or user reviews; 3. Use Google Maps Content with text-to-speech services; or 4. Include any Google Maps Content in any electronic or printed documents; ii. Cache Google Maps Content except as expressly permitted under Maps Service Specific Terms (described at ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/maps-platform/terms/mps- service-terms) iii. Create content based on Google Maps Content, for example, not: 1. Trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite based map type; 2. Create 3D building models from 45° Imagery from Maps Javascript API; 3. Build terrain models based on elevation values from the Elevation API; 4. Use latitude/longitude values from the Places API as an input for point-in- polygon analysis; 5. construct an index of tree locations within a city from Street View imagery; or 6. convert text-based driving times into synthesized speech results, iv. Create a product or service with features that are substantially similar to or that re- create a Google product or service. v. Use the Google Maps Core Services for High Risk Activities, which includes: 1. Emergency response services; 2. Autonomous and semi-autonmous vehicle or drone control; 3. Vessel navigations; aviation; 4. Air traffic control; and 5. Nuclear facilities operation. Last Updated: May 4, 2020– see ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/privacy-policy for the then-current Workspot Privacy Policy) Your privacy is important to Workspot, Inc. (“Workspot”). This Policy explains how your personal information is collected, used, and disclosed by Workspot. This Privacy Policy (“Privacy Policy“) explains how information is collected, used and disclosed by Workspot Inc., a Delaware corporation (“Workspot“, “we”, or “us”), and applies to information we collect when you use or access our online or mobile websites (www.workspot com), products, services or applications (collectively, the “Workspot Services“), or when you otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you. Workspot, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. See the section entitled EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, below, for further information. WHAT WE COLLECT We collect information from you in various ways when you use our website or correspond with us via communication services, such as email and social media. We may collect personal information that you directly enter on our website or send to us via communication services. Information we may collect includes name, email address, title, and company. In addition, when you visit our website some information may be automatically collected. For example, it is standard for your web browser to automatically send information to every website you visit including ours. That information includes your computer’s Internet Protocol (IP) address, access times, browser type and language, and referring website addresses. We may also collect information about your computer’s operating system and information about your usage and activity on our website. We use this information, which does not identify individual users, to administer the site, to track users’ movements around the site or hosted service, to improve our products and services, and for internal recordkeeping as a whole. To learn more about how we automatically collect personal information, see the section entitled Tracking Technologies.

Google. 1. In addition to the terms and conditions of this Agreement, use of GCP by Company Customer and its End Users, whether under a direct subscription with Google or as an element of or in conjunction with Purchased Services, is subject to and governed by the Google Cloud Platform Terms of Service (see ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/terms) (“GCP Terms”). Company Customer agrees that Google is a third party beneficiary of this Agreement and may enforce the GCP Terms directly with Company Customer regardless of whether Company Customer subscribes GCP directly from Google or as an element of or in conjunction with Purchased Services. 2. Company Customer will not, and will not allow End Users to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any source code from GCP (except to the extent such restriction is expressly prohibited by applicable law); sell, resell, sublicense, transfer or distribute GCP; or (c) access or use the GCP (i) in a manner intended to avoid incurring fees for such services; (ii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iii) in a manner that breaches, or causes the breach of, export control laws; or (iv) to transmit, store, or process health information subject to United States regulations under the Health Insurance Portability and Accountability Act of 1996, as amended from time to time (“HIPAA”) except as permitted by an executed HIPAA Business Associate Agreement with Google. 3. To the fullest extent permitted under applicable law, Google (a) does not make any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, noninfringement, or error-free or uninterrupted use of GCP and (b) makes no representation about content or information accessible through GCP. GCP is not intended for High Risk Use. Any use of GCP for High Risk Use will be at Company Customer’s or its End User’s own risk and Company will be solely liable for the results of any failure of GCP when used for High Risk Use. 4. Company Customer and its End User’s will comply with the then-current acceptable use policy for GCP described at ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/terms/aup (“AUP”) and will defend, indemnify and hold Workspot harmless from any violation of the AUP by Company Customer or any End User. 5. Company Customer will not: (a) use, and will not allow End Users to use, GCP to operate or enable any telecommunications service, or to place or receive calls from any public switched telephone network including as part of a program that Company Customer creates or hosts using GCP (“Company Customer Application”), with the understanding that the foregoing restriction shall not apply to Google Meet; or (b) use GCP to provide a hosting, outsourced, or managed services solution to unaffiliated third parties, except as part of a Customer Application that provides value distinct from GCP. 6. Google may update GCP, provided the updates do not result in a material reduction of the functionality, performance, availability, or security of GCP. 7. Google may suspend GCP if (a) necessary to comply with applicable law or protect GCP or Google’s infrastructure supporting GCP or (b) Company Customer’s or any End User’s use of GCP does not comply with the AUP, and it is not cured following notice from Google. 8. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally without input from the copyright holders. Google will respond to notices of alleged copyright infringement and may terminate repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millenium Copyright Act. If Company Customer believes a person or entity is infringing CompanyCustomer’s or its End User’s copyrights and would like to notify Google, Company Customer can find information about submitting notices, and Google’s policy about responding to notices, at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/dmca.html. 9. To the extent that Workspot Cloud Services include any feature or elements that utilize Google Map features or content, the following shall apply: a. Use of Google Maps features and content is subject to the then-current versions of the: i. Google Maps/Google Earth Additional Terms of Service at ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇▇/help/terms_maps.html; and ii. Google Privacy Policy at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/policies/privacy/. b. Company Customer will not, and will not permit its End Users to: i. Export, extract, or otherwise scrape Google Maps Content for use outside of the Workspot Cloud Services, for example, not: 1. Download Google Map tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; 2. Save business names, addresses, or user reviews; 3. Use Google Maps Content with text-to-speech services; or 4. Include any Google Maps Content in any electronic or printed documents; ii. Cache Google Maps Content except as expressly permitted under Maps Service Specific Terms (described at ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/maps-platform/terms/mps- service-terms) iii. Create content based on Google Maps Content, for example, not: 1. Trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite based map type; 2. Create 3D building models from 45° Imagery from Maps Javascript API; 3. Build terrain models based on elevation values from the Elevation API; 4. Use latitude/longitude values from the Places API as an input for point-in- polygon analysis; 5. construct an index of tree locations within a city from Street View imagery; or 6. convert text-based driving times into synthesized speech results, iv. Create a product or service with features that are substantially similar to or that re- create a Google product or service. v. Use the Google Maps Core Services for High Risk Activities, which includes: 1. Emergency response services; 2. Autonomous and semi-autonmous autonomous vehicle or drone control; 3. Vessel navigations; aviation; 4. Air traffic control; and 5. Nuclear facilities operation. Last Updated: May 4, 2020– see ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/privacy-policy for the then-current Workspot Privacy Policy) Your privacy is important to Workspot, Inc. (“Workspot”). This Policy explains how your personal information is collected, used, and disclosed by Workspot. This Privacy Policy (“Privacy Policy“) explains how information is collected, used and disclosed by Workspot Inc., a Delaware corporation (“Workspot“, “we”, or “us”), and applies to information we collect when you use or access our online or mobile websites (www.workspot com), products, services or applications (collectively, the “Workspot Services“), or when you otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you. Workspot, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. See the section entitled EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, below, for further information. WHAT WE COLLECT We collect information from you in various ways when you use our website or correspond with us via communication services, such as email and social media. We may collect personal information that you directly enter on our website or send to us via communication services. Information we may collect includes name, email address, title, and company. In addition, when you visit our website some information may be automatically collected. For example, it is standard for your web browser to automatically send information to every website you visit including ours. That information includes your computer’s Internet Protocol (IP) address, access times, browser type and language, and referring website addresses. We may also collect information about your computer’s operating system and information about your usage and activity on our website. We use this information, which does not identify individual users, to administer the site, to track users’ movements around the site or hosted service, to improve our products and services, and for internal recordkeeping as a whole. To learn more about how we automatically collect personal information, see the section entitled Tracking Technologies.