NETWITNESS CORPORATION INVESTIGATOR END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BY AND BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND NETWITNESS CORPORATION (“NETWITNESS”). PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ARE AGREEING TO THIS AGREEMENT.

BY CHECKING THE AGREEMENT CHECKBOX BELOW AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE NETWITNESS SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

1. SOFTWARE: As used in this Agreement, the term “Software” refers to the NETWITNESS Investigator software in object code that You have selected to download. The Software is deemed accepted by You upon download of the Software. The term “Software” also includes any third party software made available to You by NETWITNESS. “Documentation” shall mean the online documentation accompanying the version of the Software that you download.

2. GRANT OF LICENSE: Subject to the terms and conditions of this Agreement, NETWITNESS hereby grants You a limited, non-exclusive, non-transferable right to: (i) download and install the Software, (ii) download and use the Documentation, (iii) download and use the NetWitness LIVE Data, and (iv) use the Software in accordance with the Documentation.

2.1. SOFTWARE LICENSE RESTRICTIONS: You agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such Documentation. You shall not directly or indirectly: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, translate, or create derivative works based upon the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove, alter or obscure any proprietary or copyright notices or labels on or within the Software; (v) resell, sell, lease, distribute, rent, transfer, sublicense, or otherwise transfer rights to the Software; (vi) disable or circumvent any access control or related security measure, process or procedure established with respect to the Software or any other part thereof or (vii) use the Software in any capacity to generate revenues or for the benefit of any third parties (e.g., in an ASP, outsourcing or service bureau relationship), including but not limited to using the Software on a consulting engagement or offering the software in conjunction with another product without expressed written consent of NETWITNESS. Any use in violation of this Section shall immediately terminate Your license to the Software, unless you receive NETWITNESS’ prior written consent by submitting an inquiry to licensing@netwitness.com. You are responsible for all downloading, installing and using the Software and for compliance with this Agreement; any breach by any user shall be deemed to have been made by You.

2.2. NETWITNESS LIVE DATA LICENSE RESTRICTIONS. Raw data shall not be redistributed, republished, or posted for others not a party to this Agreement to view, use, or otherwise manipulate.

3. THIRD PARTY SOFTWARE: Certain third party software included with the Software is subject to additional terms and conditions imposed by NETWITNESS’ third party licensor(s) and this Agreement in no ways supplements or detracts from any term or conditions of such third party license agreement. Such terms and conditions are contained in the “About” pages of the Software and are deemed incorporated herein by reference.

4. REGISTRATION IDENTIFICATION: You acknowledge that the Software contains a Registration ID and registration is required on an annual basis. If you select to download the Software, NETWITNESS will provide you an initial Registration ID for installation with the Software which will enable you to use the Software during the Term of Your license. You agree not to purchase any Registration ID or similar computer code for the Software from any source other than NETWITNESS or a NETWITNESS authorized partner.

5. TITLE: Unless otherwise provided herein, this Agreement does not transfer any title or any ownership right or interest in the Software or in any other intellectual property in the Software or Registration IDs. Title, ownership, and intellectual property rights in and to the Software and the Registration IDs shall remain in NETWITNESS and/or NETWITNESS’ licensors. The Software and the Registration IDs are protected by intellectual property laws of the United States and other countries and by international treaties.

6. MAINTENANCE. Nothing in this Agreement shall obligate NETWITNESS to provide any technical support, including by way of example, any bug fixes, updates, upgrades or maintenance fixes and You may separately enroll in NETWITNESS’ maintenance and support plan by paying NETWITNESS the then-applicable annual maintenance and support fee.

7. REGISTRATION. So long as you adhere to the terms and conditions of this Agreement, NETWITNESS shall not charge You a separate license fee for the Software. In order to download, access and use the Software in accordance with this Agreement, You must first register with NETWITNESS by providing NETWITNESS certain information, including without limitation, Your name, company name, company contact name and title, company address, company contact email address, company telephone and facsimile number, company website URL, hardware and software information and total users at main location. The information You provide is used for such purposes as responding to Your requests for certain questions, identifying You, and communicating with You about specials and new products. While NETWITNESS neither rents nor sells this information to anyone, its does share this information with those personnel responsible for generating leads and managing its download web site. Additionally, NETWITNESS employs other companies and people to perform tasks on its behalf and shares this information with those third parties to provide content or services to You. Examples include sending emails, removing repetitive information from user lists, analyzing data, processing credit card payments, and/or providing user support. Unless NETWITNESS tells You differently, its agents do not have any right to use this information NETWITNESS shares with them beyond what is necessary to assist NETWITNESS. You hereby consent to our sharing of Your information for the above purposes.

8. CONFIDENTIALITY. As used herein, “Confidential Information” means any non-public technical or business information of Netwitness (or its third party licensor(s)), including without limitation, any information, relating to Netwitness’ techniques, algorithms, software, know-how, current and future products and services, research, engineering, designs, financial information, procurement requirements, manufacturing, customer lists, business forecasts, marketing plans and information, the terms and conditions of this Agreement, and any other information of Netwitness (or its third party licensor(s)) that is disclosed to You. You will take all reasonable measures to maintain the confidentiality of Netwitness’ Confidential Information, but in no event less than the measures You use to protect Your own confidential information. You will limit the disclosure of Netwitness’ Confidential Information to Your employees with a bona fide need to access such Confidential Information in order to exercise Your rights and obligations under this Agreement; provided that all such employees are bound by a written non-disclosure agreement that contains restrictions at least as protective as those set forth herein. You agree that Netwitness will suffer irreparable harm in the event that you breach any obligations under this Section 8 and that monetary damages will be inadequate to compensate Netwitness for such breach. In the event of a breach or threatened breach of any of the provisions of this Section 8, Netwitness, in addition to and not in limitation of any other rights, remedies or damages available to it at law or in equity, shall be entitled to a temporary restraining order, preliminary injunction and/or permanent injunction in order to prevent or to restrain any such breach.

9. INSTALLATION AND CONFIGURATION. You represent, warrant and covenant that You are solely responsible for the proper configuration and management of the Software will be installed. You further understand and hereby acknowledge that the failure to properly configure and manage the Software may adversely affect the performance of the Software.

10. WARRANTY:

10.1. WARRANTY DISCLAIMER: THE SOFTWARE AND DATA ARE PROVIDED UNDER THIS AGREEMENT BY NETWITNESS ON AN “AS IS” BASIS WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE SOFTWARE WILL AVERT OR PREVENT ALL OCCURRENCES (OR THE CONSEQUENCES THEREFROM) THAT THE SOFTWARE IS DESIGNED TO DETECT AND/OR PREVENT; OR (iii) THAT ANY INFORMATION ACCESSED BY THE SOFTWARE WILL BE ACCURATE OR COMPLETE.

10.2. YOU ACKNOWLEDGE AND AGREE THAT DATA AND INFORMATION PROVIDED MAY BE UNEVALUATED AND UNVERIFIED, AND SHALL NOT CONSTITUTE ANY REPRESENTATION OR WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST USE YOUR OWN JUDGMENT IN ASSESSING THE NATURE AND ACCURACY OF THE DATA AND INFORMATION PROVIDED.

10.3. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND DATA IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT NETWITNESS, THE RETAILER, OR ANY DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS.

10.4. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. INDEMNIFICATION. You agree and acknowledge that it is the nature of the Software to collect data flowing through and/or residing on a network, and that such data may include personal information about individuals and employees using that network. You hereby agree and acknowledge that certain counties and jurisdictions impose limitations and/or restrictions, and may in the future adopt new or modify existing such limitations and restrictions, on the ability to collect, monitor, store, export, analyze, encrypt and otherwise handle data (including personally identifiable information). You agree to be responsible for any use or misuse of the Software as well as Your full compliance with all laws, rules, regulations and interpretations thereof that are related to Your use of the Software or that relate to the collection, monitoring, storing, exporting, analyzing, encrypting and otherwise handling data (including personally identifiable information). You shall indemnify, defend, and hold NETWITNESS, its officers, directors, employees and agents harmless from and against any claims, losses, damages, costs, liabilities or expenses (each a “Liability”) arising from the use or misuse of the Software or that it is based on an allegation that Your use of the Software (a) is inconsistent or is a breach of this Agreement (b) violates any US or foreign law, rule regulation or interpretation thereof, (c) infringes an individual’s privacy right, (d) violated the security or confidentiality policies or covenants of an organization or (e) results in an action against NETWITNESS for defamation, libel, slander, or other tort claim. You shall pay NETWITNESS all such indemnified Liabilities demanded, awarded or agreed to in a settlement in such action, including but not limited to attorneys’ fees.

12. Limitation on Liability. IN NO EVENT WILL NETWITNESS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THIS AGREEMENT, THE SOFTWARE OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER NETWITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

13. TERM; TERMINATION: This Agreement and the rights granted hereunder will terminate automatically on the one year anniversary of the date You download the Software. At any point during this period or at the end of the Term, you may download, re-register and use any then-current offered version of the Software in accordance with the then-current End User License Agreement. Additionally, either party may terminate this Agreement at any time by providing the other party prior written notice. In addition, this Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, You must uninstall and destroy all copies of the Software. Provisions which, by their nature, must remain in effect beyond the termination of this Agreement shall survive.

14. MISCELLANEOUS:

14.1. COMPLIANCE WITH LAWS; EXPORT CONTROL: You shall and shall be responsible for ensuring that each of Your representatives and subcontractors adhere to the requirements of this Agreement and comply with all laws, rules, regulations and other legal requirements at your expense. You further agree that you shall not, directly or indirectly, export or re-export, or knowingly permit the export or re-export of, the Software or any technical information about the Software to any country for which such export or re-export is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other government entity as may have jurisdiction over such export or re-export. You also agree that you shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software: (i) into (or to a national or resident of) Cuba, Iran, Iraq, North Korea, Sudan, or Syria; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority.

If the Software is being licensed under the terms of a proposal or agreement with the U.S. Government or any contractor on its behalf, the Software is commercial computer software and documentation and (a) if acquired by or on behalf of a civilian agency, shall be subject to the terms of this computer software license as specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; and (b) if acquired by or on behalf of units of the Department of Defense (“DOD”) shall be subject to the terms of this commercial computer software license as specified in 48 C.F.R. 227.7202-2, DOD FAR Supplement and its successors.

14.2. If the Software will be provided or made available to the U.S. Government, any use, duplication, or disclosure by the U.S. Government of the Software shall be subject to the restrictions applicable to proprietary commercial computer software set forth in subparagraphs (b)(4) and (c) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights clause at 48 CFR 52.227-19, as applicable.

14.3. GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without reference to its choice of law rules. You expressly agree with NETWITNESS that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. Any and all proceedings relating to the subject matter of this Agreement shall be maintained in the courts of the County of Fairfax of the Commonwealth of Virginia or Federal District Courts sitting in the Eastern District of Virginia, which courts shall have exclusive jurisdiction for such purpose, and You hereby consent to the personal jurisdiction of such courts.

14.4. ENTIRE AGREEMENT: You agree that this is the entire agreement between You and NETWITNESS, and that it supersedes any prior agreement, whether written or oral, and all other communications between NETWITNESS and You relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented unilaterally by NETWITNESS at any time.

14.5. SEVERABILITY. If any provision of this Agreement is held to be illegal or unenforceable for any reason, then such provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under law, and the remainder of this Agreement shall remain in full force and effect.

14.6. FORCE MAJEURE. Neither Party shall be liable for any delay or failure due to a force majeure event and other causes beyond its reasonable control.

14.7. ASSIGNMENT. You shall not assign or otherwise transfer this Agreement without NETWITNESS’ prior written consent.

14.8. RESERVATION OF RIGHTS: All rights not expressly granted in this Agreement are reserved by NETWITNESS.

14.9. FEEDBACK. You agree to provide NETWITNESS prompt written notice of all bugs, bug fixes, defects, comments or suggested product improvements. Such Feedback shall be the property of NETWITNESS and shall be considered NETWITNESS’ Confidential Information.