Common use of Internet Hosting Clause in Contracts

Internet Hosting. Notwithstanding the terms of the agreement, you shall have the right to license the programs solely in conjunction with the application packages listed above in section 6 to end users so that such end users may use the programs to provide internet hosting services to their customers. You may allow your end users to provide access to the programs for their customers’ business operations and/or to provide services to third parties using the hosted programs, provided that all such use shall be subject to the terms of your license agreement with your end users that meets the requirements of the section entitled “License Agreement” (except, with respect to the requirement set forth in #2 of such section in which the end user license agreement must among other things restrict use of the programs to the internal business operations of the end user, in connection with the rights granted under this paragraph, such requirement shall be construed to include the internal business operations of the end users’ customers’ business operations; and, with respect to the requirements set forth in #5a and #5c of the section, in connection with the rights granted under this paragraph, such requirements shall be construed to be applicable except as otherwise explicitly allowed by the limited rights granted under this paragraph). You shall prohibit your end users from reselling or assigning their program licenses to their customers and from providing access to their customers to any Oracle Application programs (as used herein “Oracle Application programs” shall mean Oracle Application programs as listed on Oracle’s Business Intelligence Applications, E-Business Suite (EBS) Applications, Peoplesoft (PSFT) Applications, ▇▇ ▇▇▇▇▇▇▇ (JDE) Applications, and Siebel Applications price lists, and shall expressly not mean the embedded programs as specified for use in the application packages identified above and described in the relevant Application Package Registration Forms attached to this Buyout Addendum). You agree to require your end users to be financially responsible to Oracle for all damages or losses resulting from the end users’ and their customers’ breach of these terms. The personnel accessing and computers running the programs shall be included in determining the quantity of program licenses deployed by your end users and their customers. Notwithstanding anything to the contrary in this agreement, you and your affiliated entities may not be considered end users under this paragraph (i.e., you and your affiliated entities cannot use the programs to provide internet hosting services).

Internet Hosting. Notwithstanding anything to the terms of contrary in the agreementagreement or this addendum, you shall have the right to license the programs solely in conjunction with the EnCase Enterprise Examiner application packages listed above in section 6 package to end users so that such end users may use the programs to provide internet hosting services to their customers. You may allow your end users to provide access to the programs for their customers’ business operations and/or to provide services to third parties using the hosted programs, provided that all such use shall be subject to the terms of the then current Oracle License and Services Agreement, an existing license agreement between Oracle and the end user which is approved for use by Oracle or the terms of your license agreement with your end users that user which meets the requirements of section G of the section agreement entitled “License Agreement.” (except, with respect to the requirement set forth in #2 of such section in which the end user license agreement must among other things restrict use of the programs to the internal business operations of the end user, in connection with the rights granted under this paragraph, such requirement shall be construed to include the internal business operations of the end users’ customers’ business operations; and, with respect to the requirements set forth in #5a and #5c of the section, in connection with the rights granted under this paragraph, such requirements shall be construed to be applicable except as otherwise explicitly allowed by the limited rights granted under this paragraph). You shall prohibit your end users from reselling or assigning their program licenses to their customers and from providing access to their customers to any Oracle Application programs (as used herein “Oracle Application application programs” shall mean Oracle Application programs as listed on Oracle’s Business Intelligence Applications, E-Business Suite (EBS) Applications, Peoplesoft (PSFT) Applications, ▇▇ ▇▇▇▇▇▇▇ (JDE) Applications, and Siebel Applications price lists, and shall expressly not mean the embedded programs as specified for use in the application packages identified above and described in the relevant Application Package Registration Forms attached to this Buyout Addendum). You agree to require your end users to be financially responsible to Oracle for all damages or losses resulting from the end users’ and their customers’ breach of these terms. The personnel accessing and computers running the programs shall be included in determining the quantity of program licenses deployed by your end users and their its customers. Notwithstanding anything Other than the modifications above, the terms and conditions of the agreement remain unchanged and in full force and effect. The effective date of this Addendum is 28 NOV, 2008 [to be completed by Oracle] PARTNER: GUIDANCE SOFTWARE, INC. ORACLE USA, INC. Authorized Signature: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Authorized Signature: /s/ ▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇ Title: CFO Title: Manager, License Contracts Signature Date: 11/28/2008 Signature Date: 28 NOV 2008 Credit Corporation Payment Plan Agreement Customer: Guidance Software, Inc. Executed by Customer (authorized signature): By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: CFO ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Executed by Oracle Credit Corporation: Phone: By: PPA No.: Name: Effective Date: Title: The Payment Plan Agreement (“PPA”) is entered into by Customer and Oracle Credit Corporation (“OCC”) to provide for the payment of the System Price specified in a Payment Schedule on an installment basis. The System (as defined below) is being acquired from Oracle Corporation, an alliance member/agent of Oracle Corporation or any other party providing any portion of the System (“Supplier”). Each Payment Schedule shall specify the Software and other products and services, which items together with any upgrade, transfer, substitution, or replacement thereof, shall comprise the “System.” Each Payment Schedule shall Incorporate the terms and conditions of the PPA to form a “Contract,” and the System specified therein shall be subject to the contrary terms and conditions of such Contract. The System shall be licensed or provided to Customer directly by Supplier pursuant to the terms of the Order and Agreement specified in this agreementthe Contract. Except as provided under the Contract, you Customer’s rights and your affiliated entities may remedies under the Order and Agreement, including Supplier’s warranty and refund provisions, shall not be considered end users under this paragraph (i.e., you and your affiliated entities cannot use the programs to provide internet hosting services)affected.

Internet Hosting. Notwithstanding anything to the terms of contrary in the agreementagreement or this addendum, you shall have the right to license the programs solely in conjunction with the EnCase Enterprise Examiner application packages listed above in section 6 package to end users so that such end users may use the programs to provide internet hosting services to their customers. You may allow your end users to provide access to the programs for their customers’ business operations and/or to provide services to third parties using the hosted programs, provided that all such use shall be subject to the terms of the then current Oracle License and Services Agreement, an existing license agreement between Oracle and the end user which is approved for use by Oracle or the terms of your license agreement with your end users that user which meets the requirements of section G of the section agreement entitled “License Agreement.” (except, with respect to the requirement set forth in #2 of such section in which the end user license agreement must among other things restrict use of the programs to the internal business operations of the end user, in connection with the rights granted under this paragraph, such requirement shall be construed to include the internal business operations of the end users’ customers’ business operations; and, with respect to the requirements set forth in #5a and #5c of the section, in connection with the rights granted under this paragraph, such requirements shall be construed to be applicable except as otherwise explicitly allowed by the limited rights granted under this paragraph). You shall prohibit your end users from reselling or assigning their program licenses to their customers and from providing access to their customers to any Oracle Application programs (as used herein “Oracle Application application programs” shall mean Oracle Application programs as listed on Oracle’s Business Intelligence Applications, E-Business Suite (EBS) Applications, Peoplesoft (PSFT) Applications, ▇▇ ▇▇▇▇▇▇▇ (JDE) Applications, and Siebel Applications price lists, and shall expressly not mean the embedded programs as specified for use in the application packages identified above and described in the relevant Application Package Registration Forms attached to this Buyout Addendum). You agree to require your end users to be financially responsible to Oracle for all damages or losses resulting from the end users’ and their customers’ breach of these terms. The personnel accessing and computers running the programs shall be included in determining the quantity of program licenses deployed by your end users and their its customers. Notwithstanding anything Other than the modifications above, the terms and conditions of the agreement remain unchanged and in full force and effect. The effective date of this Addendum is 28 NOV, 2008 [to be completed by Oracle] PARTNER: GUIDANCE SOFTWARE, INC. ORACLE USA, INC. Authorized Signature: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Authorized Signature: /s/ ▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇ Title: CFO Title: Manager, License Contracts Signature Date: 11/28/2008 Signature Date: 28 NOV 2008 Credit Corporation Payment Plan Agreement Customer: Guidance Software, Inc. Executed by Customer (authorized signature): By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: CFO ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Phone: By: PPA No.: Name: Effective Date: Title: The Payment Plan Agreement (“PPA”) is entered into by Customer and Oracle Credit Corporation (“OCC”) to provide for the payment of the System Price specified in a Payment Schedule on an installment basis. The System (as defined below) is being acquired from Oracle Corporation, an alliance member/agent of Oracle Corporation or any other party providing any portion of the System (“Supplier”). Each Payment Schedule shall specify the Software and other products and services, which items together with any upgrade, transfer, substitution, or replacement thereof, shall comprise the “System.” Each Payment Schedule shall Incorporate the terms and conditions of the PPA to form a “Contract,” and the System specified therein shall be subject to the contrary terms and conditions of such Contract. The System shall be licensed or provided to Customer directly by Supplier pursuant to the terms of the Order and Agreement specified in this agreementthe Contract. Except as provided under the Contract, you Customer’s rights and your affiliated entities may remedies under the Order and Agreement, including Supplier’s warranty and refund provisions, shall not be considered end users under this paragraph (i.e., you and your affiliated entities cannot use the programs to provide internet hosting services)affected.