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Abnormal Security Master Service Agreement - Transactions Entered into Prior to April 5, 2022

Effective April 11th 2022


Last Updated November 3, 2021

ABNORMAL SECURITY MASTER SERVICE AGREEMENT

 
If you have a separate written agreement with Abnormal Security for use of the Service, then this Agreement and the following updates do not apply to you. Customers that entered into an Order Form with Abnormal Security, or an authorized Abnormal Security Partner, for a Subscription to the Service prior to April 5, 2022 shall have their use of the Service governed by the following Agreement. Upon the Customer's next renewal Subscription Term, the updated Agreement for the Subscription shall be the Cloud Terms of Service which will automatically apply as of the renewal Subscription Term unless Customer elects not to renew. In any event, continued use of the Service during the renewal Subscription Term will constitute Customer acceptance of the version of the Cloud Terms of Service in effect at the time the renewal Subscription Term begins.

This Master Service Agreement (“Agreement”) by and between Abnormal Security Corporation, having its principal place of business at 185 Clara Street, Suite 100, San Francisco, CA 94107 (“Abnormal”), and the customer stated in the Order Form (as defined in Section 1) (“Customer”) is effective as of the date Abnormal accepts the Order Form. Abnormal and Customer may each be referred to separately as, a “Party,” or together as, the “Parties.”

1. DEFINITIONS

The definitions of certain capitalized terms used in this Agreement are set forth below. Others are defined in the body of this Agreement.

Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with a Party; where “control” means the ownership of greater than fifty percent (51%) of (i) the voting power to elect directors of the company, or (ii) the ownership interests in the company.

Customer Data” means information, including Personal Data (as defined in the DPA), processed by Abnormal via the Service and while providing Support.

Documentation” means the printed or online materials Abnormal makes generally available that specify the Service’s functionality and capabilities, and all modifications, updates, and upgrades thereto.

Order Form” means an ordering document to purchase a Subscription to the Service, setting forth details regarding the Subscription, including start and end dates for the Subscription Term, agreed Service quantities, and pricing.

Partner” means a third-party authorized by Abnormal to resell a Subscription to the Service to Customer.

Service” means Abnormal’s proprietary, software-as-a-service products, including the Documentation and all software applications, databases, modules, source code, development tools, libraries and utilities that Abnormal uses, creates, and/or maintains in order to provide the Service to Customer, including the modifications, updates, upgrades, and enhancements thereto that Abnormal makes generally available on a periodic basis.

Service Level Agreement” means the Service Level Agreement attached hereto as Exhibit A.

Subscription” has the meaning given to it in Section 2.1.

Subscription Term” means the length of the Subscription set forth on the applicable Order Form.

Support” means the technical support services set forth in Exhibit B.

Threat Intelligence Data” means Customer de-identified information collected, generated, derived, and/or analyzed by the Service that is related to malicious activities identified by the Service such as a third-party malicious actor’s IP address, email address, name, and hashes of malware contained in a malicious email message.

Users” means individuals or entities that are authorized by Customer to use the Service under its account and on its behalf.

2. ACCESS TO AND USE OF SERVICE

2.1 Right to Access and Use the Service. Subject to the terms of this Agreement, Abnormal grants Customer a royalty-free, nonexclusive, nontransferable, worldwide right and license during each Subscription Term to access and use the Service described in the applicable Order Form for the quantity and for the duration identified in the Order Form (“Subscription”). Any Customer Affiliate may use the Service purchased by Customer under this Agreement.
Customer shall be responsible for its Users’ and Customer Affiliates’ use of the Service.

2.2 Restrictions. Customer will not (and will use commercially reasonable efforts not to allow any third party to): (i) access or use the Service for any competitive purposes (e.g., benchmarking); (ii) conduct penetration testing on the Service; (iii) market, sublicense, resell, lease, loan, transfer, or otherwise commercially exploit or make the Service available to any third party, except to a third party that manages Customer’s computing environment; or (iii) modify, create derivative works of, decompile, reverse engineer, attempt to gain access to the source code of, or copy the Service, or any of their components (each, a “Prohibited Use”).

3. ABNORMAL’S OBLIGATIONS

3.1 General. Abnormal will provide the Service in accordance with this Agreement, the Order Form(s), and applicable Documentation. Abnormal will host the Service on its cloud-based infrastructure.

3.2 Availability. Abnormal will make the Service available in accordance with the terms of the Service Level Agreement in Exhibit A, which sets forth Customer’s exclusive remedies for any interruptions in the availability of the Service.

3.3 Support. If Customer experiences any errors, bugs, or other issues in its use of the Service, then Abnormal will provide Support in accordance with Exhibit B. The fee for Support is included in the fee Customer pays for the Subscription.

4. TERM AND TERMINATION

4.1 Term. The term of this Agreement will commence on the Effective Date and will continue for so long as there are active Subscriptions, unless otherwise terminated as permitted by this Agreement (the “Term”).

4.2 Termination for Cause. Either Party may terminate this Agreement or any active Subscription for cause (i) upon 30 days written notice to the other Party of a material breach if such breach remains uncured at the expiration of the 30-day period, or (ii) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

4.3 Effect of Termination. If Customer terminates this Agreement or any active Subscription as permitted by Section 4.2 or Section 9.2, or if Abnormal terminates this Agreement or any active Subscription Term as permitted by with Section 11.1, then Abnormal will provide a pro rata refund of any prepaid fees allocable to the remaining Subscription Term(s).

4.4 Survival. The following provisions will survive any termination of this Agreement: Sections 45681112; and 13.

5. FEES AND PAYMENT

5.1 Fees. Customer will pay the fees for the Subscription set forth on the applicable Order Form. Following execution of the Order Form, Abnormal will submit an invoice to Customer for the Subscription, and payment will be due 30 days from the date of an undisputed invoice unless otherwise set forth on the Order Form (“Due Date”). Except as otherwise set out in this Agreement and any applicable Order Form(s), all fees are non-refundable and non-cancellable. If Customer purchases the Service from a Partner, then all payment terms will be agreed separately between Customer and such Partner.

5.2 Overdue Charges. If any undisputed, invoiced amount is not received by Abnormal by the Due Date, then (i) those charges may accrue late interest at the rate of 3.0% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and (ii) Abnormal may condition future Subscriptions on receipt of payment for previous Subscriptions and/or payment terms shorter than those specified on the previous Order Form.

5.3 Taxes. The fees payable under this Agreement are exclusive of any sales taxes (unless included on the invoice), or similar governmental sales tax type assessments, excluding any income or franchise taxes on Abnormal (collectively, “Taxes”) with respect to the Service provided to Customer. Unless Customer provides Abnormal with a valid exemption certificate, Customer is solely responsible for paying all Taxes associated with or arising from this Agreement and shall indemnify and/or reimburse Abnormal for all Taxes paid or payable by, demanded from, or assessed upon Abnormal.

6. CONFIDENTIALITY

6.1 Confidential Information. Except as explicitly excluded below, any information of a confidential or proprietary nature provided by a Party (“Disclosing Party”) to the other Party (“Receiving Party”) constitutes the Disclosing Party’s confidential and proprietary information (“Confidential Information”). Abnormal’s Confidential Information includes the Service and any information conveyed to Customer in connection with Support. Customer’s Confidential Information includes Customer Data. Confidential Information does not include information which is (i) already known by the Receiving Party without an obligation of confidentiality other than pursuant to this Agreement; (ii) publicly known or becomes publicly known through no unauthorized act of the Receiving Party; (iii) rightfully received from a third party without a confidentiality obligation to the Disclosing Party; or (iv) independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.

6.2 Confidentiality Obligations. Each Party will use the other Party’s Confidential Information only as necessary to perform its obligations under this Agreement, will not disclose the Confidential Information to any third party, and will protect the confidentiality of the Disclosing Party’s Confidential Information with the same standard of care as the Receiving Party uses or would use to protect its own Confidential Information, but in no event will the Receiving Party use less than a reasonable standard of care. Notwithstanding the foregoing, the Receiving Party may share the other Party’s Confidential Information with those of its employees, Affiliates, agents, subcontractors, and representatives who have a need to know such information and who are bound by confidentiality obligations at least as restrictive as those contained herein (each, a “Representative”). Each Party shall be responsible for any breach of confidentiality by any of its Representatives.

6.3 Additional Exclusions. A Receiving Party will not violate its confidentiality obligations if it discloses the Disclosing Party’s Confidential Information if required by applicable laws, including by court subpoena or similar instrument so long as the Receiving Party provides the Disclosing Party with written notice of the required disclosure so as to allow the Disclosing Party to contest or seek to limit the disclosure or obtain a protective order, unless such notice is prohibited by law. If no protective order or other remedy is obtained, the Receiving Party will disclose only that portion of the Confidential Information that is legally required, and agrees to exercise reasonable efforts to ensure that confidential treatment will be accorded to such Confidential Information.

7. DATA PROTECTION

7.1 Customer Data. In connection with its use of the Service, Customer will transfer a limited amount of Customer Data to Abnormal. Customer grants Abnormal a license during each Subscription Term to use Customer Data to provide the Service to Customer, and to generate Threat Intelligence Data. Customer shall ensure that it has secured all necessary rights, consents, and permissions to transfer Customer Data to Abnormal for purposes of this Agreement.

7.2 Security. Abnormal maintains industry-standard physical, technical, and administrative safeguards in order to protect Customer Data.

7.3 Data Processing Addendum. Abnormal will process Customer Data in accordance with and each Party will comply with the “Data Processing Addendum” (or “DPA”) located at: www.abnormalsecurity.com/dpa.

7.4 No Access. Except for Customer Data or as otherwise permitted by this Agreement, Abnormal does not collect, process, store, or otherwise have access to any information or data, including data related to Customer’s network, or users of Customer’s products or services.

8. PROPRIETARY RIGHTS

8.1 Abnormal Property. Abnormal owns and retains all right, title, and interest in and to the Service, Threat Intelligence Data, and any feedback or suggestions Customer provides to Abnormal with respect to the Service. Except for the limited license granted to Customer in Section 2.1, Abnormal does not by means of this Agreement or otherwise transfer any rights in the Service to Customer, and Customer will take no action inconsistent with Abnormal’s intellectual property rights in the Service.

8.2 Customer Property. Customer owns and retains all right, title, and interest in and to the Customer Data and does not by means of this Agreement or otherwise transfer any rights in the Customer Data to Abnormal, except for the limited license set forth in Section 7.1.

9. REPRESENTATIONS AND WARRANTIES

9.1 Mutual Representations and Warranties. Each Party represents and warrants it has validly entered into this Agreement and has the legal power to do so.

9.2 Limited Warranty. Abnormal warrants that the Service will conform in all material respects with the Documentation. Abnormal shall, as Customer’s sole and exclusive remedy for a breach of this warranty, repair or replace the Service to conform in all material respects to the Documentation, and if Abnormal is unable to restore such conformance within 30 days after the date of written notice of such breach, Customer may terminate the license to the affected Service upon written notice and Abnormal shall promptly provide a pro-rata refund of the fees for the terminated Service.

9.3 Disclaimer. With the exception of the limited warranties set forth in this Section 9, the Service is provided “as is” to the fullest extent permitted by law. Abnormal and its licensors expressly disclaim all other warranties, express or implied, including warranties of performance, merchantability, fitness for any particular purposes, and non-infringement. Abnormal does not warrant that the Service (i) is error-free, (ii) will perform uninterrupted, or (iii) will meet Customer’s requirements.

10. INSURANCE
10.1 Abnormal will maintain in full force and effect during the term of this Agreement:

(a) Commercial general liability insurance on an occurrence basis for bodily injury, death, property damage, and personal injury, with coverage limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage;

(b) Worker’s compensation insurance as required by applicable law, including employer’s liability coverage for injury, disease and death, with coverage limits of not less than $1,000,000 per accident and employee;

(c) Umbrella liability insurance on an occurrence form, for limits of not less than $3,000,000 per occurrence and in the aggregate; and

(d) Technology Errors & Omissions and Cyber-risk insurance on a claims-made form, for limits of not less than $10,000,000 annual aggregate covering liabilities for financial loss resulting or arising from acts, errors or omissions in the rendering of the Service, or from data damage, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, virus transmission, denial of service, and violation of privacy from network security failures in connection with the Service.

10.2 Insurance carriers will be rated A-VII or better by A.M. Best Provider. Abnormal’s coverage will be considered primary without right of contribution of Customer’s insurance policies. In no event will the foregoing coverage limits affect or limit Abnormal’s contractual liability, including for indemnification obligations, under this Agreement.

11. INDEMNIFICATION

11.1 By Abnormal. Abnormal will indemnify, defend, and hold harmless Customer, its affiliates, and their respective owners, directors, officers, and employees (collectively, “Customer Indemnitees”) from and against any claim, action, demand, suit or proceeding (each a “Claim”) made or brought by a third party against any of the Customer Indemnitees alleging that Customer’s use of the Service infringes or misappropriates any United States or European Union patent, trademark, copyright, or any other intellectual property of such third party. Abnormal will pay any settlement of such Claim, or any damages finally awarded against any Customer Indemnitees by a court of competent jurisdiction as a result of any such Claim. In connection with any Claim Customer will (i) give Abnormal prompt written notice of the Claim, (ii) give Abnormal sole control of the defense and settlement of the Claim (provided that Abnormal may not settle any Claim without the Customer Indemnitee’s written consent, which will not be unreasonably withheld), and (iii) provide to Abnormal all reasonable assistance, at Abnormal’s request and expense. If Customer’s right to use the Service is, or in Abnormal’s opinion is likely to be, enjoined as the result of a Claim, then Abnormal may, at its sole option and expense, procure for Customer the right to continue using the Service under the terms of this Agreement, or replace or modify the Service so that it is non-infringing and substantially equivalent in functionality to the claimed infringing or enjoined Service. If Abnormal determines that neither of the foregoing is commercially reasonable, then Abnormal may terminate this Agreement and refund to Customer any prepaid fees allocable to the remainder of the Subscription Term. Abnormal will have no indemnification obligations under this Section 11.1 to the extent that a Claim is based on or arises from: (a) use of the Service in a manner other than as expressly permitted in this Agreement; (b) any alteration or modification of the Service except as expressly authorized by Abnormal; or (c) the combination of the Service with any other software, product, or services (to the extent that the alleged infringement arises from such combination). This Section 11.1 sets forth Abnormal’s sole and exclusive liability, and Customer’s exclusive remedies, for any Claim of infringement or misappropriation of intellectual property.

11.2 By Customer. Customer will indemnify, defend, and hold harmless Abnormal, its affiliates, and their respective owners, directors, officers, and employees (collectively, “Abnormal Indemnitees”) from and against any Claim related to Customer or a User engaging in a Prohibited Use. Customer will pay any settlement of and any damages finally awarded against any Abnormal Indemnitee by a court of competent jurisdiction as a result of any such Claim. In connection with any Claim, Abnormal will (i) give Customer prompt written notice of the Claim, (ii) give Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle any Claim without Abnormal’s prior written consent which will not be unreasonably withheld), and (iii) provide to Customer all reasonable assistance, at Customer’s request and expense.

12. LIMITATIONS OF LIABILITY
12.1 NEITHER PARTY NOR ITS AFFILIATES NOR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES OF ANY OF THEM WILL BE LIABLE TO OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.
12.2 EACH PARTY HERETO AGREES THAT WITH THE EXCEPTION OF: (I) THE CONFIDENTIALITY OBLIGATIONS UNDER SECTION 6, (II) COMPANY’S BREACH OF ITS SECURITY AND PRIVACY OBLIGATIONS UNDER SECTION 7, AND (III) THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 11 (SECTION 12.2(I) THROUGH 12.2(III), THE “EXCLUDED CLAIMS”), AND ABSENT GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE OTHER PARTY, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES, TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID (PLUS ANY AMOUNT PAYABLE) BY CUSTOMER FOR USE OF THE SERVICE UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH DAMAGES. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE THE CLAIMANT’S SOLE AND EXCLUSIVE REMEDY. WITH RESPECT TO EXCLUDED CLAIMS, THE AMOUNT OF SUCH LIMIT WILL NOT EXCEED THREE TIMES THE TOTAL AMOUNT PAID (PLUS ANY AMOUNT PAYABLE) BY CUSTOMER FOR USE OF THE SERVICE UNDER THIS AGREEMENT.

13. MISCELLANEOUS
This Agreement, including all applicable Order Forms, is the entire agreement between Customer and Abnormal and supersedes all prior agreements and understandings concerning the subject matter hereof and may not be amended or modified except by a writing signed by both Parties. Customer and Abnormal are independent contractors, and this Agreement will not establish any relationship of partnership, joint venture, or agency between Customer and Abnormal. Failure to exercise any right under this Agreement will not constitute a waiver. There are no third-party beneficiaries to this Agreement. This Agreement is governed by the laws of the State of California without reference to conflicts of law rules. For any dispute relating to this Agreement, the Parties consent to personal jurisdiction and the exclusive venue of the courts in San Francisco County, California. Any notice provided by one Party to the other under this Agreement will be in writing and sent by electronic mail to the email address listed on the signature page below. If any provision of this Agreement is found unenforceable, this Agreement will be construed as if it had not been included. Neither Party may assign this Agreement without the prior, written consent of the other Party, except that either Party may assign this Agreement without such consent to an affiliate, or in connection with an acquisition of the assigning Party or a sale of all or substantially all of its assets. Each Party represents that its signatory whose signature appears on the Order Form(s) is duly authorized by all necessary corporate or other appropriate action to execute this Agreement.


EXHIBIT A
SERVICE LEVEL AGREEMENT

1. Definitions. For purposes of this Service Level Agreement, the following terms have the meaning given to each term below:

Downtime” means if Customer is unable to access the Service by means of a web browser and/or API as a result of failure(s) in the Service, as confirmed by Abnormal.

Maintenance Downtime” means routine maintenance that occurs outside of normal working hours (Pacific Time) and continues for no more than four hours in any one instance, so long as Abnormal provides Customer at least 48 hours prior written notice (including by email) to Customer’s main technical contact on file with Abnormal.

Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

Service Credit” means the number of days by which Abnormal will extend the length of the Subscription Term, at no charge to Customer, according to the table in Section 2, below.

2. Service Level Warranty. During the Term, the Service will be operational and available to Customer at least 99.9% of the time in any calendar month (the “Service Level Warranty”). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer meets its obligations under this Agreement, then Customer will be eligible to receive Service Credit as follows:

 Uptime
 Days Credited
 < 99.9% - ≥ 98.0%
 3
 < 98.0% - ≥ 95.0%
 7
 < 95.0%
 15
 
3. Customer Must Request Service Credit. To receive Service Credit, Customer must notify Abnormal in writing within 30 days from the time Customer becomes eligible to receive a Service Credit under the terms of this Agreement. Failure to comply with this requirement will forfeit Customer’s right to receive Service Credit.

4. Maximum Service Credit. The aggregate maximum amount of Service Credit for all Downtime that occurs in a single calendar month will not exceed 15 days. Service Credit may not be exchanged for or converted into monetary amounts.

5. Exclusions. The Service Level Warranty does not apply to Service unavailability due to Maintenance Downtime or any performance issues that (i) are caused by riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, earthquakes, or any other causes that are beyond Abnormal’s reasonable control so long as Abnormal uses commercially reasonable efforts to mitigate the effects of such force majeure, (ii) resulted from Customer’s equipment or third party equipment or service (e.g. Customer’s internet connection), or (iii) resulted from Customer’s violation of this Agreement.


EXHIBIT B
SUPPORT TERMS


This exhibit sets forth the terms on which Abnormal provides technical support (“Support”) to Customer (the “Support Terms”).

1. Definitions. For purposes of this Service Level Agreement, the following terms have the meaning given to each term below:

Error” means a failure of the Service to conform to the published Documentation, resulting in the inability to use, or material restriction in the use of, the Service.

Escalation” means the process by which Abnormal will work continuously, and at multiple levels of its organization, to address an Error if not addressed within the specified Response Time set forth in Section 4, below.

Start Time” means the time at which Abnormal first becomes aware of an Error during Abnormal’s regular business hours, following Customer’s initiation of a Support case in accordance with Section 3, below.

2. General. During a Subscription Term, Abnormal will provide the Support described in these Support Terms for Severity 1 Errors, 24 hours a day 7 days a week; and for Severity 2, Severity 3, and Severity 4 Errors, Abnormal will provide Support described in these Support Terms 8 hours a day, 5 days a week (9am – 5pm, Pacific Time, or in Customer’s local time zone if not Pacific Time).

3. Contacts. The Customer Support Contacts may initiate a Support case by emailing support@abnormalsecurity.com or calling 866-466-9321 or 415-326-1372.

4. Priority Levels and Timeframes. Abnormal will establish the Priority Level of an Error and the corresponding Support case in its sole discretion and will use its best efforts to adhere to the Response Times set forth below. If an Error is not addressed within the Response Time set forth below, Abnormal will commence an Escalation.

 Severity Level
 Description
 Response Time
 1
 Major Impact: Service is inoperable or the performance of the Service is so severely reduced that Customer cannot reasonably continue to use the Service because of the Error, the Error cannot be circumvented with a workaround, and it affects Customer’s ability to perform its business.
 2 hours
 2
 Moderate Impact: Performance is significantly degraded such that Customer’s use of the Service is materially impaired, but the Error can be circumvented with a workaround.
 8 hours
 3
 Minor Impact: Customer is experiencing a performance, operational, or functional issue in its use of the Service that can be circumvented with a workaround, and the Error causes only minimal impact to the Customer’s ability to use the Service.
 24 hours
 4
 General Questions: No issue with performance or operation of the Service. These include standard questions on the API configuration, dashboard functionality, enhancement requests, or documentation clarification.
 3 business days


5. Conditions, Exclusions, and Termination.

a. Conditions. Abnormal’s obligation to provide Support is conditioned upon the following: (i) Customer makes reasonable efforts to solve the Error after consulting with Abnormal; (ii) Customer provides Abnormal with sufficient information and resources to correct the Error, as well as any and all assistance reasonably requested by Abnormal; and (iii) Customer procures, installs, and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to access and operate the Service.

b. Exclusions. Abnormal is not obligated to provide Support in the following situations: (i) the problem is caused by Customer’s gross negligence, hardware malfunction, or other causes beyond the reasonable control of Abnormal; or (ii) the problem is with third party software not licensed through or provided by Abnormal (e.g., Customer’s email system).

c. Termination. Abnormal reserves the right to conclude its performance of a particular Support case when, in its reasonable discretion, Abnormal determines that it has provided a satisfactory resolution or workaround to the Error.