intended for use. Nothing in this Agreement will limit ServiceNow’s right to perform similar Professional Services for any other party or to use any information incidentally retained in the unaided memories of its personnel providing Professional Services. For the purposes of this Section 4.3, “Newly Created IP” means IPR in inventions or works of authorship newly created by ServiceNow specifically for Customer and expressly identified as “Newly Created IP” in an SOW. 5. WARRANTIES; DISCLAIMERS. 5.1. SERVICENOW WARRANTIES. ServiceNow warrants that, (1) during the Subscription Term, Customer’s production environment of the Subscription Service will materially conform to the features and functionality as described in the Documentation; and (2) Professional Services will be performed in a competent and workmanlike manner, in accordance with accepted industry standards and practices and all material requirements in the applicable SOW or Service Description. 5.2. REMEDIES. 5.2.1. SUBSCRIPTION SERVICE. If any material non-conformity to the features and functionality as described in the Documentation (excluding any non-conformity caused by a modification to the Subscription Service made by Customer or a third-party acting at Customer’s direction), persists without relief more than 30 days after Customer’s notice to ServiceNow of the non-conformity, then Customer may terminate the affected Subscription Service immediately upon written notice of termination, and as Customer’s exclusive remedy, ServiceNow will refund to Customer any prepaid subscription fees covering the remainder of the applicable Subscription Term for the non-conforming Subscription Service after the date of termination. 5.2.2. PROFESSIONAL SERVICES. If within 30 days after performance of any non-conforming Professional Services, Customer notifies ServiceNow of a non-conformity then, ServiceNow at its option will, as Customer’s exclusive remedy either use commercially reasonable efforts to re-perform the Professional Services in conformance with the material requirements of the applicable SOW or Service Description or terminate the affected Professional Services and refund to Customer any amounts paid for the nonconforming Professional Services. 5.3. DISCLAIMER. Except for the warranties expressly stated in this Section 5 or any warranty expressly set forth in an addendum, to the maximum extent allowed by Law, each party disclaims all warranties of any kind (express, implied, statutory, or otherwise, oral or written), including the implied warranties of merchantability, accuracy, title, non-infringement, or fitness for a particular purpose, and any warranties arising from usage of trade, course of dealing, or course of performance. Without limiting the above, ServiceNow does not warrant that the Subscription Service: (1) will meet the requirements of Customer or others; (2) will be accurate or operate without interruption or error; or (3) is designed for any purpose requiring fail-safe performance for which failure could result in death, personal injury or severe physical, property, or environmental damage. 6. CONFIDENTIALITY. 6.1. DEFINITION. “Confidential Information” means information that (1) is non-public and related to a party’s technology or business; (2) due to the nature of the information or circumstances of disclosure, the receiving party should reasonably understand to be confidential; (3) Customer Data; or (4) this Agreement. The obligations of confidentiality do not apply to information that (a) is or becomes generally publicly known without fault or breach by receiving party, (b) the receiving party obtains (rightfully and without restriction on use or disclosure) from a third party entitled to make the disclosure, or (c) is independently developed by receiving party without using disclosing party’s Confidential Information. 6.2. RIGHTS AND OBLIGATIONS. The recipient of Confidential Information will: (1) protect it from unauthorized disclosure with at least a reasonable degree of care; and (2) not use it except as necessary to exercise rights or fulfill obligations under this Agreement. Each party may disclose the Confidential Information to its Affiliates and employees, contractors, accountants, auditors and legal advisors, only on a need to know basis, who are bound to confidentiality terms consistent with those in this Agreement. On termination of this Agreement, the receiving party will, at the disclosing party’s request, return all originals, copies, reproductions, and summaries of Confidential Information, or at the disclosing party’s option, certify destruction of same. Notwithstanding the foregoing, ServiceNow may retain a copy of Customer’s Confidential Information pursuant to standard backup and data retention policies, which will remain subject to the confidentiality requirements in this Agreement. Page 3 of 8 (Version: 12JUN2024) © 2023 ServiceNow, Inc. All rights reserved. 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