DEFENSE UNICORNS, INC.

SOFTWARE LICENSE AGREEMENT

This Defense Unicorns Software End User License Agreement ("EULA") sets forth your license rights and obligations with respect to Software provided by Defense Unicorns Inc. ("Defense Unicorns" or "we" or "us"). The following terms form a legally binding contract between Defense Unicorns and the individual or entity who procured the Software license ("Customer" or "End User" or "you" or "your"). You must accept this EULA as a condition for downloading, installing, or using Software. If you do not accept this EULA, do not download, install, or use Software. Your entitlement to licenses under this EULA may be evidenced in an Order Form, a confirmation, an invoice, or other proof of entitlement issued to you by Defense Unicorns or its authorized Reseller, including during an online purchase process (each of the foregoing, a "Proof of Entitlement" and together with any related agreement that is signed by both you and Defense Unicorns, the "Purchase Agreement"). Any capitalized terms shall have the meaning prescribed to them under this EULA, as applicable.

If you purchased a license to Software from a Defense Unicorns authorized third-party reseller of Software ("Reseller"), this EULA governs your use of the Software and any terms in your agreement with the Reseller that are inconsistent or contravene the terms of this EULA shall not apply. You acknowledge and agree that the Reseller may only grant rights and must pass through conditions consistent with this EULA and that any license rights given to you pursuant to the Customer's separate agreement with the Reseller that is greater than the license rights in this EULA shall not apply.

  1. License. In accordance with the terms and conditions outlined in this Agreement, including the timely payment of all Fees by You, Defense Unicorns hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, and non-assignable license to the Customer for the duration of the License Term and in a quantity equal to the number of purchased Software to (a) access and use the features and functionality of the licensed Software, as specified in the applicable Purchase Agreement, and (b) permit Authorized Users access to the licensed Software, provided they comply with the terms of use set forth in this Agreement. Additionally, the Customer is granted the right to use any provided documentation, as part of the licensed Software, solely for the purpose of accessing and using the licensed Software. Customer and Authorized Users shall reproduce in full any existing notices with respect to Defense Unicorns' copyright ownership and reservation of rights on all tangible media containing copies of the Software and documentation.
  2. Additional Terms.
    1. Unless otherwise specified in the applicable Proof of Entitlement, each Software License is granted on a per Unique Environment basis and it may only be exercised with respect to the Unique Environment identified on the applicable Proof of Entitlement or, if the Proof of Entitlement does not specify such Unique Environment, then only with respect to one (1) Unique Environment ("Authorized Environment"). CUSTOMER ACKNOWLEDGES AND AGREES THAT SOFTWARE IS LICENSED SEPARATELY AND THAT NO IMPLIED LICENSE TO SUCH SOFTWARE ARISES FROM CUSTOMER'S PURCHASE OF ANY DEFENSE UNICORNS' HARDWARE.
    2. When a Software License is provisioned on a specific Authorized Environment (by activating, accessing, or using the Software on that Authorized Environment), such Software License, or any rights thereof, cannot be transferred to a different environment unless Defense Unicorns authorizes such transfer by written approval.
  3. Restrictions. As a condition of your license or access, you agree not to: (a) modify, alter, tamper with, or otherwise create derivative works of the Software; (b) except to the extent such restriction is prohibited by applicable law, reverse engineer, disassemble, or decompile the Software or apply any other process or procedure to derive the source code included in the Software; (c) work around any technical limitations in the Software; (d) engage in any activity that materially interferes with or disrupts the Software; (e) resell or sublicense the Software to third parties; or (f) access or use the Software for any unlawful purpose. You will comply with all applicable law in connection with your access to or use of the Software. Customer agrees that all worldwide patent, copyright, and other Intellectual Property Rights in the Software and documentation, and all copies of the Software however made are the exclusive property of Defense Unicorns and its suppliers.
  4. Evaluation Licenses. Unless you have purchased Programs, Subscriptions from Defense Unicorns or an authorized reseller under the terms of a commercial agreement with Defense Unicorns, all use of the Programs shall be limited to testing purposes and not for production use ("Evaluation"). Unless otherwise agreed by Defense Unicorns, Evaluation of the Programs shall be limited to an evaluation environment and the Programs shall not be used to manage any systems or virtual machines on networks being used in the operation of your business or any other non-evaluation purpose. Unless otherwise agreed by Defense Unicorns, you shall limit all Evaluation use to a single 30 day evaluation period and shall not download or otherwise obtain additional copies of the Programs or license keys for Evaluation.
  5. Open-Source Software. Notwithstanding the foregoing, or any statement to the contrary herein, portions of the Software may be provided with notices and open source or similar licenses from such communities and third parties that govern the use of those portions, and You hereby agree to be bound by and fully comply with all such licenses, and any access granted hereunder shall not alter any duties or obligations You may have under such open source licenses; however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all such software in this Software distribution.
  6. Ownership. You agree that all worldwide patent, copyright, and other Intellectual Property Rights in the Software and documentation, and all copies of the Software however made are the exclusive property of Defense Unicorns and its suppliers. All Software is licensed to Customer, not sold. All rights not expressly granted to Customer in this Agreement are reserved by Defense Unicorns and its suppliers. There are no implied licenses under this Agreement.
  7. Confidentiality. A party receiving Confidential Information ("Receiving Party") from the other party ("Disclosing Party") will: (a) protect the Disclosing Party's Confidential Information using the same degree of care, and in no event less that reasonable care, that it uses to protect its own Confidential Information, (b) use the Disclosing Party's Confidential Information for only for purposes consistent with this Agreement, and (c) limit access to Disclosing Party's Confidential Information to its employees, contractors, or agents who are involved in performing this Agreement, have a "need to know," and have signed a non-disclosure agreement with terms no less restrictive than those herein. Customer shall treat the terms of this Agreement as Confidential Information of Defense Unicorns.
    1. Compelled Disclosure. If the Receiving Party is compelled to disclose by law, order issued by a court of competent jurisdiction, regulatory agency, or other governmental body (each, an "Order") any Confidential Information, the Receiving Party will, if legally permissible, promptly give the Disclosing Party written notice of the Order and reasonable assistance to the Disclosing Party prior to disclosure to provide the Disclosing Party with the opportunity to interpose any and all objections it may have to disclosure of the information required by the Order and seek a protective order or other appropriate relief.
    2. Equitable Relief. Each Party recognizes that the Confidential Information is unique and that no adequate remedy at law exists for the breach of any provision of this Section. Any such breach would cause irreparable harm to the Disclosing Party, allowing the Receiving Party or third parties to unfairly compete. Therefore, in case of such breach or threat thereof, the Disclosing Party has the right to seek injunctive and other equitable relief, without the need to prove damages, in addition to any legal remedies available.
  8. Support. This Agreement does not entitle You to any support, maintenance, training, upgrades, patches, enhancements, or fixes (collectively, "Support") for the Software. Support for the Software, as made available by Defense Unicorns, shall be purchased separately and become part of the Software as applicable.
  9. Updates. The terms and conditions of this EULA shall apply to all Updates. Updates are solely provided on a "when-and-if-available" basis and as made generally available by Defense Unicorns to its customers. An Update is deemed part of the underlying Software that it modifies or to which otherwise pertains. The provision of an Update does not grant to Customer any license right apart from the license that customer has previously acquired for the underlying Software to which the Update pertains, and Customer may not install or use any Update unless that license is in effect and then only in accordance with that license. Customer shall promptly install any Updates that Defense Unicorns designates as required for the continued safe operation of Software.
  10. Defense Unicorns Warranty Disclaimer. EXCEPT AS SET FORTH IN THIS AGREEMENT AND THE EXTENT NOT PROHIBITED BY LAW, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, AND DEFENSE UNICORNS AND ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO THE SOFTWARE AND DOCUMENTATION, AND THE THIRD-PARTY SERVICE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING LIMITATION, DEFENSE UNICORNS DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACKNOWLEDGES THAT DEFENSE UNICORNS DOES NOT CONTROL THE TRANSFER OF DATA, INFORMATION, OR CONTENT OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET OR A THIRD-PARTY SERVICE, AND THAT THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. DEFENSE UNICORNS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO DEFENSE UNICORNS' LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS AND AGENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  11. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DEFENSE UNICORNS NOR ANY OF ITS AFFILIATES OR DISTRIBUTORS WILL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, UNAVAILABILITY OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR COSTS OF COVER), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DEFENSE UNICORNS OR ANY OF ITS AFFILIATES OR DISTRIBUTORS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. DEFENSE UNICORNS' AND ITS AFFILIATES' AND DISTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY CUSTOMER TO DEFENSE UNICORNS UNDER THIS EULA DURING THE SINGLE TWELVE (12) MONTH PERIOD THAT COMMENCES UPON THE DATE OF THE FIRST EVENT THAT GIVES RISE TO LIABILITY FOR ANY DAMAGES CLAIMED BY EITHER PARTY OR ANY THIRD PARTY CLAIMING THROUGH THAT PARTY, OR (B) USD $100.00. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  12. Termination. This Agreement shall commence on the date You accept the terms of this Agreement and shall continue until terminated as set forth in this Section 12 or as expressly set forth in this Agreement (the "Term"). You may terminate this Agreement at any time. Your rights under this Agreement will terminate automatically without notice from Defense Unicorns if You fail to comply with any term(s) of this Agreement. Upon termination, the Agreement and any rights granted to You hereunder shall immediately terminate and You shall immediately discontinue all use of the Software and documentation and promptly return to Defense Unicorns or destroy any Software or documentation, including all portions thereof, and all other Confidential Information. If requested, You must certify to Defense Unicorns in writing that You havehas complied with these requirements. Termination or expiration of this Agreement shall not limit or affect Defense Unicorns' rights or Your obligations that accrued prior to the effective date of termination or expiration (including without limitation, payment obligations). Any section of this EULA which by its nature should survive the termination of this EULA in order to fulfill the purposes of the broader Agreement shall survive. Termination is not an exclusive remedy and all other remedies will remain available.
  13. Government Users. Except as set forth in Exhibit A, the Software and documentation are "Commercial Products", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users (a) only as Commercial Products and (b) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  14. Dispute Resolution. If You are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the provisions set forth in Exhibit Alaws of the United States of America, and in the absence of applicable federal law, the laws of the State of Colorado will apply. Further, and notwithstanding anything to the contrary in this Agreement, all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and § 1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-2672, 2674-2680), as applicable, or other applicable governing authority. For the avoidance of doubt, if You are an agency, instrumentality, or department of the federal, state or local government of the U.S. or a U.S. public and accredited educational institution, then Your indemnification obligations are only applicable to the extent they would not cause You to violate any applicable law (e.g., the Anti-Deficiency Act), and You have any legally required authorization or authorizing statute. For all other Customers, any dispute, controversy, or claim arising from or relating to this Agreement, including arbitrability, that cannot be resolved following good faith discussions within sixty (60) days after notice of a dispute has been given shall be finally settled by arbitration. This Agreement shall be deemed to have been made in and shall be construed pursuant to the laws of the State of Colorado and the United States, without regard to conflicts of law provisions thereof, and without regard to the United Nations Convention on contracts for the International Sale of Goods. For all purposes of this Agreement, but subject to the agreement to arbitrate set forth above, the Parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Denver, Colorado.
  15. Miscellaneous. Neither this Agreement nor the access granted hereunder may be assigned, transferred, or subcontracted by You; any attempt to do so shall be void. Defense Unicorns may assign this Agreement in whole or in part. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. Unless otherwise specified by Defense Unicorns, the Software is subject to export control under the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer in-country the Software without first obtaining any license or other approval that may be required by BIS and/or OFAC. You are responsible for any violation of the U.S. or other applicable export control or economic sanctions laws, regulations and requirements related to the Software.
  16. Definitions.

"Authorized Users" means (a) any individual or entity that directly or indirectly accesses or uses the Software through access authorized by Customer; or (b) employees and contractors working on behalf of and authorized by Customer.

"Confidential Information" means all nonpublic information disclosed by a party to the other party, whether orally or in writing, that is designated as "confidential" or that, given the nature of the information or circumstance surrounding its disclosure, should reasonably be understood to be confidential. Defense Unicorns' Confidential Information includes nonpublic information relating to Defense Unicorns' or its partners' products or services, technology, customers, business plans, promotional or marketing activities, and financial information, third-party information that Defense Unicorns is obligated to keep confidential, and the nature and content of any discussions or negotiations between the parties. Notwithstanding the foregoing, Confidential Information does not include any information that: (a) is or becomes generally known to the public without breach of any confidentiality obligation, (b) was known to the receiving party prior to its disclosure by the disclosing party without breach of any confidentiality obligation, (c) is received from a third party free from, and without breach of, any confidentiality obligation or (d) was independently developed by the receiving party without reference to disclosing party's Confidential Information.

"Customer" includes any entity that is owned, operated, or controlled by Customer (each, a "Customer Affiliate"). "Fees" means the fees paid by the Customer for Software specified in an Order Form.

"Intellectual Property" means embodiments of any Intellectual Property Rights, whether in electronic, written or other media, including (a) works of authorship, (b) inventions, discoveries and improvements, (c) technical data, (d) user interfaces, test reports, bills of material, building instructions, lab notebooks, samples, tools, materials, and apparatuses, and (e) recordings, graphs, drawings, reports, analyses and other writings.

"Intellectual Property Rights" means all worldwide intellectual property rights, including rights in and to (a) patents and other governmental grants for the protection of inventions or industrial designs, (b) copyrights and moral rights, (c) trade secrets and know-how, (d) trademarks, trade names and service marks, (e) domain names, web addresses and other universal resource locator (URL) registrations, (f) rights of publicity, and (g) database rights.

"License Term" means, with respect to a Software package, the Term of that Software package, including (if applicable) the initial term and any renewal terms. "Order Form" means a written ordering document, physically or electronically signed by both Customer and Defense Unicorns, which specifies Software packages and other entitlements purchased by Customer.

"Software" means the software specified in an Order Form relating to this Agreement.

"Unique Environment" means an isolated, self-contained computing environment tailored to meet specific use cases, user requirements, security standards, and/or system constraints. Defense Unicorns' characterization of the Customer's various computing environments and their respective uniqueness for the purposes of determining the Unique Environment(s) shall be dispositive.

Exhibit A

ADDENDUM TO END USER LICENSE AGREEMENT (for U.S. Government End Users)

  1. Scope. This Addendum establishes the terms and conditions enabling Defense Unicorns to provide Software and Services to the U.S. Government agencies (the "Government Licensee").
  2. Applicability. The terms and conditions in this Exhibit A are hereby incorporated by reference to the extent that they are consistent with Federal Law (e.g., the Anti-Deficiency Act (31 U.S.C. § 1341(a)(1)(B)), the Contract Disputes Act of 1978 (41 U.S.C. § 601-613), the Prompt Payment Act, the Anti-Assignment statutes (31 U.S.C. § 3727 and 41 U.S.C. § 15), 28 U.S.C § 516 (Conduct of Litigation Reserved to Department of Justice), and 28 U.S.C. § 1498 (Patent and copyright cases)). To the extent the terms and conditions in Defense Unicorns' EULA are inconsistent with Federal Law, they shall be deemed deleted and unenforceable under any resultant orders under Defense Unicorn's prime contract, including but not limited to the clauses contained herein.
  3. Modification.The terms of this EULA shall be in accordance with the terms set forth herein, unless a Government Licensee determines that it requires different terms of use and Defense Unicorns agrees in writing to such terms under the Government contract.
  4. Contracting Parties. The Government User is the "Ordering Entity," defined as a governmental entity authorized to order under the applicable federal prime contract. The Licensee cannot be an individual because any implication of individual licensing triggers the requirements for legal review by Federal Employee unions. Conversely, because of competition rules, the contractor must be defined as a single entity even if the contractor is part of a corporate group. The Government cannot contract with the group, or in the alternative with a set of contracting parties.
  5. Changes to Work and Delays. Subject to FAR 52.212-4(f), Excusable Delays (DEC 2022) regarding which FAR provisions shall take precedence.
  6. Contract Formation. Subject to FAR sections 1.601(a) and 43.102, the Government Order must be signed by a duly warranted contracting officer, in writing.The same requirement applies to contract modifications affecting the rights of the parties. All terms and conditions intended to bind the Government must be included within the contract signed by the Government.
  7. Usage Report. In lieu of any audit rights, upon Defense Unicorns's reasonable request during the term of this Agreement, Government Licensee will run a self-assessment with tools provided by and at the direction of Defense Unicorns ("Self-Assessment") to verify Government Licensee's compliance with this Agreement.
  8. Termination. Termination shall be governed by FAR 52.212-4 and the Contract Disputes Act, 41 U.S.C. §§ 601-613, subject to the following exceptions: Defense Unicorns may request cancellation or termination of the Defense Unicorns' EULA if such remedy is granted to it after conclusion of the Contract Disputes Act dispute resolutions process or if such remedy is otherwise ordered by a United States Federal Court.
  9. Perpetual License. Upon expiration or termination of the paid license term, and subject to Government Licensee's full payment of all applicable fees, Defense Unicorns hereby grants Government Licensee a non-exclusive, non-transferable, non-sublicensable, perpetual license to use the last version of the Software delivered to Government Licensee prior to such expiration or termination (the "Final Version") solely for Government Licensee's internal business purposes. This perpetual license does not entitle Government Licensee to any future updates, upgrades, maintenance, or support services. The use of the Final Version shall remain subject to all other applicable terms and conditions of this EULA, including but not limited to the restrictions on use, confidentiality, and intellectual property rights.
  10. Consent to Federal Jurisdiction.
    1. Any disputes relating to the EULA and this Addendum shall be resolved in accordance with the FAR and the Contract Disputes Act, 41 U.S.C. §§ 7101-7109. The Government Licensee expressly acknowledges that Defense Unicorns, on behalf of any subcontracts, shall have standing to bring such claim under the Contract Disputes Act.
    2. Subject to the Contract Disputes Act of 1978 (41 U.S.C. §§ 7101-7109) and Federal Tort Claims Act (28 U.S.C. § 1346(b)), the validity, interpretation and enforcement of this Addendum will be governed by and construed in accordance with the laws of the United States. In the event the Uniform Computer Information Transactions Act (UCITA) or any similar federal laws or regulations are enacted, to the extent allowed by law, it will not apply to this Agreement, and the governing law will remain as if such law or regulation had not been enacted. All clauses in the Defense Unicorns EULA referencing equitable remedies are deemed not applicable to the Government order and are therefore deemed to be deleted.
    3. All clauses referencing waiver of Jury Trial are subject to FAR 52.233-1, Disputes (MAY 2014), and all clauses governing waiver of Jury Trial in the EULA are hereby deemed to be deleted.
  11. Force Majeure. Subject to FAR 52.212-4(f), Excusable Delays (DEC 2022). Unilateral termination by the contractor does not apply to a Government order and all clauses in the Defense Unicorns EULA referencing unilateral termination rights of Defense Unicorns are hereby deemed to be deleted.
  12. Assignment. All clauses regarding Assignment are subject to FAR 52.232-23, Assignment of Claims (MAY 2014) and FAR Subpart 42.12, Novation and Change-of-Name Agreements, and all clauses governing Assignment in the EULA are hereby deemed to be deleted.
  13. Customer Indemnities. All clauses that (i) violate the U.S. Department of Justice's right under 28 U.S.C. § 516 to represent the Government in any case, and/or (ii) require that the Government give sole control over the litigation and/or settlement, are hereby deemed to be deleted.
  14. Renewals. All clauses that violate the Anti-Deficiency Act (31 U.S.C. § 1341, 41 U.S.C. § 11) ban on automatic renewal are hereby deemed to be deleted.
  15. Future Fees or Penalties. All clauses that violate the Anti-Deficiency Act (31 U.S.C. § 1341, 41 U.S.C. § 11), which prohibits the Government from paying any fees or penalties beyond the Contract amount, unless specifically authorized by existing statutes, such as the Prompt Payment Act (31 U.S.C. § 3901) or the Equal Access to Justice Act (5 U.S.C. § 504), are hereby deemed to be deleted.
  16. Taxes. Taxes are subject to FAR 52.212-4(k), which provides that the contract price includes all federal, state, and local taxes and duties.
  17. Third-Party Terms. The Government Licensee acknowledges and agrees that any third-party software, including but not limited to applications, tools, or libraries, that may be incorporated or utilized in conjunction with the Software, shall not be subject to the terms and conditions of this EULA. Instead, such third-party software shall be governed by the respective third-party's terms and conditions. Subject to review and approval of the Government Licensee prior to incorporation of such third-party software, the Government Licensee is responsible for complying with any such applicable third-party terms. Defense Unicorns makes no representations or warranties regarding any third-party software and shall have no liability or obligation with respect to such third-party software.
  18. Limitation of Liability. Defense Unicorns and Government Licensee shall not be liable for any indirect, incidental, special, or consequential damages, or any loss of profits, revenue, data, or data use. Further, Defense Unicorns and Government Licensee shall not be liable for punitive damages except to the extent this limitation is prohibited by applicable law. This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Government Contract under any federal fraud statutes, including the False Claims Act, 31 U.S.C. §§ 3729-3733.
  19. Advertisements and Endorsements. Unless specifically authorized by a Government Licensee in writing, such use of the name or logo of any U.S. Government entity is prohibited.
  20. Confidentiality. Defense Unicorns agrees that this EULA contains no confidential or proprietary information. Any provisions that require the Government Licensee to keep certain information confidential are subject to the Freedom of Information Act, 5 U.S.C. § 552, and any order by a United States Federal Court.