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Non-Disclosure Agreement (NDA)

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This Nondisclosure Agreement is entered into as of the registration date, by and between Omnissa, LLC, Omnissa International Unlimited Company, and/or its subsidiaries and designees (“Omnissa”) and Registrant, acting as an employee or agent of his/her/their employer or company. Registrant agrees that all information disclosed by Omnissa to Registrant, including without limitation information acquired by Registrant from Omnissa employees or inspection of Omnissa’s property, relating to (without limitation) Omnissa’s products, designs, business plans, roadmaps, business opportunities, finances, research, development, know-how or personnel, and confidential information disclosed to Omnissa by third parties, shall be considered Confidential Information.  Registrant agrees to maintain the confidence of the Confidential Information and to prevent its unauthorized dissemination; provided however, that Confidential Information shall not include information which (i) is now or subsequently becomes generally known or available by publication, commercial use or otherwise, through no fault of Registrant, (ii) is independently developed by Registrant without the use of any Confidential Information, (iii) is lawfully obtained by Registrant from a third party without violation of a confidentiality obligation, or (iv) Omnissa agrees in writing may be disclosed by Registrant. Registrant also agrees not to use the Confidential Information shared in the registered session(s) for purposes other than those necessary to review and discuss Omnissa products, technologies and/or services (“Products”) during the sessions.

All Confidential Information remains the property of Omnissa and no license or other rights in the Confidential Information is granted.  All information is provided “as is” and without any warranty, express, implied, or otherwise, regarding its accuracy or performance.  Upon written request from Omnissa, Registrant agrees to return to Omnissa immediately all Confidential Information, including but not limited to all computer programs, documentation, notes, plans, drawings, and copies thereof.  Registrant agrees to comply with all United States export controls with respect to the Confidential Information.  Registrant grants to Omnissa a non-exclusive, irrevocable, worldwide, royalty-free license to use or disclose any suggestions or feedback that Registrant may make regarding Omnissa’s products and to make, have made, use, offer to sell, sell, import, and otherwise dispose of any products that embody such suggestions or feedback.

Registrant acknowledges that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury which may be difficult to ascertain.  Accordingly, Registrant agrees that Omnissa shall have the right to seek and obtain immediate injunctive relief from breaches of this Agreement, in addition to any other rights and remedies it may have.  If entered into in the United States, this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California as they apply to contracts entered into and wholly to be performed in the State of California.  The federal and state courts within the State of California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. If entered into outside of the United States, this Agreement shall be governed by and construed and enforced in accordance with the laws of Ireland.  The courts within Ireland shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.

Omnissa is glad to offer an exclusive Omnissa-branded sweatshirt (estimated value: $50) as a token of appreciation for attending the Omnissa Strategy Roadmap virtual event on May 22, 2025, and completing the post-event survey. As many entities prohibit officials or employees from accepting any gift having a value above a specific amount, we respectfully request that you are mindful and have considered your employer’s gift and ethics policies and regulations before accepting items from Omnissa. For information about how Omnissa handles and processes your personal data please see the Omnissa Global Privacy Notice.