The following terms and conditions apply to the above products.

The Cloud Services include services (the “Boomi Services”) that are provided by Boomi, LP or its affiliates (collectively “Boomi”). Boomi is a third-party beneficiary of the Agreement. In addition, the following terms shall also apply to the Boomi Services.

1. Proprietary Rights. Customer understands and agrees that (i) the Boomi Services are protected by copyright and other intellectual property laws and treaties, (ii) Boomi, its affiliates and/or its licensors own the copyright, and other intellectual property rights in the Boomi Services, (iii) this Agreement does not grant Customer any rights to Boomi’s trademarks or service marks, and (iv) Boomi reserves any and all rights, implied or otherwise, with respect to the Boomi Services that are not expressly granted to Customer in this Agreement.
2. Use of Boomi Services. Customer may not: (a) attempt to use or gain unauthorized access to Boomi’s or to any third party’s networks or equipment; (b) attempt to probe, scan or test the vulnerability of the Boomi Services, or a system, account or network of Boomi or any Boomi customers or suppliers; (c) engage in fraudulent, offensive or illegal activity or intentionally engage in any activity that infringes the intellectual property rights or privacy rights of any individual or third party or transmit through the Boomi Service any data or information without the legal right to do so; (d) transmit unsolicited bulk or commercial messages or intentionally distribute worms, Trojan horses, viruses, corrupted files or any similar items using the Boomi Services; (e) restrict, inhibit, interfere or attempt to interfere with the ability of any other person, regardless of purpose or intent, to use or enjoy the Boomi Services or a user’s network, or cause a performance degradation to any facilities used to provide the Boomi Services. Customer will cooperate with Boomi’s reasonable investigation of Boomi Services outages, security issues and any suspected breach of this section. Customer acknowledges that Boomi does not provide any service level agreements (including uptime availability commitments), or security policies and assurances, unless otherwise specifically acknowledged in an agreement executed by Boomi, and any service level agreements or other assurances pertaining to the Boomi Services are between Customer and the party with whom Customer has contracted to license the Boomi Services.
3. Export. Customer’s purchase of Boomi Services are for its own use, not for resale, export, re-export or transfer. Customer is subject to and responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions. Materials may not be used, sold, leased, exported, imported, re- exported or transferred except in compliance with such laws including, without limitation, export licensing requirements, end user, end use and end-destination restrictions, and prohibitions on dealings with sanctioned individuals and entities including, but not limited to, persons on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List. Customer represents and warrants that it is not the subject or target of, and that Customer is not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria and Crimea) that is the subject or target of, economic sanctions of the United States or other applicable jurisdictions.
4. High Risk Disclaimer. Customer understands and agrees that Boomi Services are not fault-tolerant and are not designed or intended for use in any high-risk or hazardous environment, including any application where failure or malfunction can reasonably be expected to result in death, personal injury, severe property damage or severe environmental harm (a “High Risk Environment”). Any use of the Boomi Services by Customer in a High Risk Environment is at Customer’s own risk; Boomi, its Affiliates and suppliers will not be liable to Customer in any way for use of the Boomi Services in a High Risk Environment, and Boomi makes no warranties or assurances, express or implied, regarding use of the Boomi Services in a High Risk Environment.
5. Use by U.S. Government. The Boomi Services are a “commercial item” under FAR 12.201. Consistent with FAR section 12.212 and DFARS section 227.7202, any use, modification, reproduction, release, performance, display, disclosure or distribution of the Software or Documentation by the U.S. government is prohibited except as expressly permitted by the terms of this Agreement.
6. Boomi Services Settings. Boomi Services generally include a number of controls including security features and functionality such as purge data settings, user role settings and support access settings. Customer is responsible for reviewing the default settings and onboarding materials, and for configuring the Boomi Services to fit Customer’s security and operational needs. Should the Boomi Services be configured to move data from one point to another, Customer is responsible for ensuring that Customer has the necessary rights to integrate with connected systems, whether Customer transmits data outside of a particular cloud or system, outside of a particular geography or otherwise.
7. Privacy. Customer shall comply with applicable law in the collection and maintenance of any personal data contained in Customer Data, including establishing a lawful basis for the processing of the personal data of any person whose identity is included in Customer Data. Capitalized terms not otherwise defined herein or the DPA (as defined below) shall have the meanings provided in the applicable Data Protection Law (as defined in the DPA). To the extent that Customer uses the Cloud Services to Process Customer Data and that Customer Data includes Customer Personal Data subject to Data Protection Law, then the data processing addendum (“DPA”) between Customer and the party with whom Customer has contracted to license the Boomi Services, will apply. To the extent Customer does not have a DPA in place with the party with whom Customer has contracted to license the Boomi Services, the DPA found at www.boomi.com/dpa shall govern the terms and conditions of the use of the Boomi Services.