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2019-04-24 CC Packet
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2019-04-24 CC Packet
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5.2.1. "OpShield"means the cybersecurity software and/or hardware products designated"OpShield""OpShield Virtual Machine <br /> Appliance"or"VMA"in an Order,which includes OpShield Field Units. <br /> 5.2.2. "OpShield Virtual Machine Appliance"or"VMA" means the GE cybersecurity Software product designated in an Order.The VMA <br /> is a Software-only virtual machine that can be run on supported software programs called hypervisors(each a"Hypervisor"). <br /> 5.2.3. "OpShield Field Unit"means the cybersecurity Software and/or Hardware products designated"300-4,400-2,or 400-4"in an Order. <br /> 5.2.4. If the VMA was purchased by Customer based on an OpShield-VMA-Flat-Pricing pricing model asset forth in an applicable Order, <br /> then no more than"x"instances of the VMA may be loaded by Customer onto a Hypervisor,where"x"is the quantity of OpShield-VMA- <br /> Flat-Pricing purchased in the Order. <br /> 5.2.5. If the OpShield-VMA-Per-Field-Unit was purchased(as designated in an Order),then a)no more than x instances of the VMA may <br /> be loaded onto a hypervisor and b)the total number of OpShield field units managed by the VMA instance(s)must not exceed x,where"x" <br /> is the quantity of OpShield-VMA-Per-Field-Units purchased in the Order.For example,if a quantity of 8 OpShield-VMA-Per-Field-Units <br /> were purchased then Customer may create 2 instances of the VMA to manage a maximum combined total of 8 OpShield Field Units. <br /> 5.2.6. United States Government Entities.Opshield is not intended for Customers that are United States government entities.Licensing and <br /> use of OpShield by United States government entities are subject to additional restrictions and requirements. <br /> 5.2.7. Protection Packs.Protection Packs are updates designed to enhance OpShield's ability to protect against known cyber security <br /> vulnerabilities.For purposes of this Agreement,Protection Packs are considered"Software"as defined in the Agreement and will be <br /> provided by GE on a pre-paid subscription basis as described in a Customer Order.Protection Packs are separate from any software updates <br /> provided by GE. <br /> 5.2.8. Warranty.The warranty period for OpShield hardware is one(1)year from shipment date. <br /> 5.3. ATP(Hardware). <br /> 5.3.1. Devices Under Test. "ATP" means the hardware designated Achilles Test Platform in the Order.Notwithstanding anything to the <br /> contrary in this Agreement,a device or equipment that is tested for certain defined security vulnerabilities using an ATP("Device Under <br /> Test")must be: (a)equipment manufactured by Customer for its own purposes or for sale to a third party; or(b)equipment procured by <br /> Customer from a third party and used by Customer for its own business purposes or incorporated into or deployed with Customer's <br /> equipment or systems. <br /> 5.3.2. Test Results. Results of tests generated by Customer using an ATP are GE Confidential Information and may be used only for <br /> Customer's internal business purposes, and may not be published, disclosed or distributed to any person other than: (i) GE; (ii) if <br /> manufactured by a third party,the third party manufacturer of a Device Under Test;and(iii)if the Device Under Test is manufactured by <br /> Customer or included in equipment or systems manufactured by Customer,the purchasers or prospective purchasers of a Device Under Test. <br /> 5.3.3. Restrictions. Software provided with an ATP: (i) may be used only to test Devices Under Test in secure, controlled testing <br /> conditions; and(ii)may not be used to access,connect to,or interoperate with(whether for testing or any other purpose)any device or <br /> system that is in live productive use. <br /> 5.3.4. Keys.Installation and use of software provided with ATP may require use of a specific key,which controls the specific modules of <br /> software that may be used with an ATP unit("Key"). Customer shall use each Key only for the purpose of installing and using the ATP <br /> Software in accordance with this Agreement.Customer shall not authorize or permit a Key to be used by or on behalf of any other person <br /> 5.3.5. Warranty.The warranty period for ATP hardware is ninety(90)days from shipment date. <br /> 5.4. Achilles Practices Certification(APC)and Communications Certification(ACC)Services(Professional Services).GE's Achilles Practices <br /> and Communications certification services are provided by GE to Customer pursuant to a Statement of Work. The APC and ACC services and any <br /> licensing to the Achilles certification marks will be subject to the terms and conditions of this Agreement,in addition to the terms set forth in an <br /> applicable Order. <br /> 5.5. CYBER-SECURITY PRODUCTS AND SERVICES DISCLAIMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT (I) <br /> INDUSTRIAL CYBER SECURITY IS NOT AN EXACT SCIENCE AND THAT ATP,APC,AND OPSHIELD WHEN USED IN ACCORDANCE <br /> WITH APPLICABLE DOCUMENTATION, ARE DESIGNED TO DETECT AND PREVENT ONLY CERTAIN VULNERABILITIES AND <br /> UNAUTHORIZED INTRUSIONS BASED UPON A FINITE SET OF TEST CASES, AND DOES NOT PROVIDE COMPLETE OR <br /> COMPREHENSIVE PROTECTION AGAINST ALL POSSIBLE SECURITY VULNERABILITIES OR UNAUTHORIZED INTRUSIONS;AND <br /> (I1) TESTING USING CYBERSECURITY PRODUCTS MAY CAUSE DAMAGE TO DEVICES UNDER TEST, AND CUSTOMER AGREES <br /> THAT CUSTOMER IS SOLELY RESPONSIBLE AND LIABLE FOR ALL DAMAGE TO DEVICES UNDER TEST. <br /> 6. ThingWorx/PTC(Software). <br /> ThingWorx and PTC Software are licensed only for use in conjunction with,and as part of,the software application package provided by GE and may not be <br /> separated from the software application package or used on a standalone basis. <br /> Page:14 of 15 <br /> GE CONFIDENTIAL GE DIGITAL GENERAL TII§P AND CONDITIONS v3.0 AUGUST 2018 <br />
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