Electronic

Record of Contracts
This document was generated as a record of certain contracts created, accepted and stored electronically.

Summary of Contracts
This document contains the following contracts.

Title Version ID

Rubrik Trial 3.0 633f015a33825d5b28f8fa8c

Contract accepted by:

Vignesh V Signer ID: vigneshv@presidio.com

Associate Engineer Trainee, Email: vigneshv@presidio.com
Presidio

Date / Time: Nov 23, 2022 at 9:28 AM EST

IP Address: 49.37.208.61
User Agent: Mozilla/5.0 (Macintosh; Intel Mac OS X 10_15_7) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/107.0.0.0 Safari/537.36

Metadata provided with the acceptance:

first_name Vignesh

last_name V

email_address vigneshv@presidio.com

company_name Presidio

title Associate Engineer Trainee

Request ID Page 1 of 1
Rubrik Trial v3.0 | 633f015a33825d5b28f8fa8c

RUBRIK, INC. TRIAL USE AGREEMENT

IMPORTANT: READ THIS RUBRIK TRIAL AGREEMENT (“AGREEMENT”) BEFORE INSTALLING OR USING THE RUBRIK
PRODUCTS. THIS IS A LEGAL AGREEMENT BETWEEN RUBRIK, INC. (“RUBRIK”) AND YOU OR THE ENTITY THAT YOU
REPRESENT (“COMPANY”) (INDIVIDUALLY A “PARTY”, COLLECTIVELY THE “PARTIES”). THIS AGREEMENT GOVERNS
COMPANY’S USE, INCLUDING ANY FREE TRIAL USE, OF THE RUBRIK PRODUCTS. BY ACCEPTING THIS AGREEMENT,
EITHER BY CLICKING A BOX OR BUTTON INDICATING YOUR ACCEPTANCE, OR BY DOWNLOADING, INSTALLING, USING OR
ACCESSING THE RUBRIK PRODUCTS, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE DOWNLOADING,
INSTALLING, USING OR ACCESSING THE RUBRIK PRODUCTS FOR USE BY AN ENTITY OR OTHER INDIVIDUALS OTHER
THAN YOURSELF, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS
AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS,
YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT COPY, INSTALL, USE OR ACCESS THE RUBRIK PRODUCTS.

1. DEFINITIONS.

1.1. “Beta Products” means any pre-production Products that are either not yet final or feature-complete; not commercially available for
sale; still under development as an alpha, beta, or other pre-release version; or are provided solely for preview, performance or
stability-related testing purposes.
1.2. “Confidential Information” means the Products and any other non-public information disclosed by one Party (“Disclosing Party”) to
the other Party (“Receiving Party”) in connection with this Agreement that (a) in tangible form is marked “confidential” or “proprietary” or
the like; (b) if disclosed orally or visually, is designated “confidential” or “proprietary” at the time of disclosure; or (c) by its nature or the
circumstances surrounding disclosure, a reasonable person would understand to be confidential or proprietary. “Confidential
Information” includes any reproduction of such information, but does not include information that: (i) is or becomes a part of the public
domain through no act or omission of the Receiving Party; (ii) was in the Receiving Party’s lawful possession prior to the disclosure and
had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party; (iii) is lawfully disclosed to the
Receiving Party by a third party without restriction on the disclosure; or (iv) is independently developed by the Receiving Party without
use of or reference to any Confidential Information of the Disclosing Party.

1.3. “Trial Period” means the duration of time commencing on the date Company receives the Products (“Delivery”) and expiring 30
days thereafter, unless extended by Rubrik in writing in its sole discretion.

1.4. “Products” means collectively the Rubrik-branded hardware, software, SaaS services, and/or Beta Products that are provided to
Company at no charge for use during the Trial Period.

2. SCOPE.
2.1. Company may use the Products for its internal non-commercial and non-production use during the Trial Period subject to the terms
of this Agreement.

2.2. Company will evaluate the Products only in a non-production environment using only non-production data. If Company elects to
use the Products with production data and/or in a production environment, Company assumes all risk in doing so, and Rubrik shall
have no liability with regard to any production use by Company, including but not limited to any loss or corruption of Company data.

3. TERM.

3.1. This Agreement commences on the date electronically accepted by Company and, unless earlier terminated, will automatically
expire upon the date the Products are returned to and received by Rubrik or a Rubrik-authorized carrier.

3.2. Either Party may terminate this Agreement for convenience for any reason whatsoever upon written notice to the other Party. Upon
expiration or termination of this Agreement, Company must immediately return the Products to Rubrik in accordance with this
Agreement. Any terms of this Agreement that by their nature extend beyond its expiration or termination shall remain in effect until
fulfilled.

4. TITLE; RISK OF LOSS OR DAMAGE. Company is responsible for the Products from Delivery until the Products are returned to and
received by Rubrik or a Rubrik-authorized carrier (“Possession Period”). Company will reimburse Rubrik for any loss or damage to the
Products sustained during the Possession Period, except for reasonable wear and tear. Company must keep the Products free and
clear of all liens and encumbrances, and will defend, at its own expense the rights, title and interest of Rubrik in and to the Products.
The Products will remain Rubrik’s personal property, even if the Products become attached or affixed to real property, and Rubrik will

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exclusively maintain title and ownership to the Products and all copies, upgrades, updates, improvements, and derivatives thereof. In
no event will title to the Products transfer to Company under this Agreement.

5. TRIAL USE. Subject to Company’s compliance with the terms, conditions, and limitations of this Agreement, Rubrik grants Company
a personal, non-exclusive, non-transferable, limited, revocable right to install and use the Products internally solely for evaluation
purposes during the Trial Period. Title to the Products remains with Rubrik. Company is prohibited from reproducing or publishing test-
results, benchmark tests, or comparative analyses of the Products. Company will not, and will not permit any third party to, modify,
reproduce, disassemble, decompile, decrypt, extract or otherwise reverse engineer the Products. Without limiting the generality of
Section 9 (Treatment of Confidential Information) below, Company agrees to take adequate steps to protect Products from
unauthorized disclosure or use. Company acknowledges that any rights to use the Products may automatically expire upon the
expiration or termination of this Agreement or the Trial Period.

6. FEEDBACK. Company may from time to time elect to provide voluntary suggestions, comments for enhancements or functionality, or
other feedback to Rubrik with respect to the Products or Beta Products (“Feedback”). Company is not required to provide Feedback to
Rubrik, but if Company in its sole discretion does provide Feedback, Company hereby grants Rubrik a royalty-free, worldwide,
transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into its products and services any Feedback as it sees
fit without obligation or restriction of any kind. Company will not provide any Feedback subject to any terms that would impose any
obligation on or require attribution by Rubrik.

7. RETURN. Company must return the Products to Rubrik or a Rubrik-authorized carrier by notifying returns@rubrik.com upon the
earlier of: (a) the expiration of the Trial Period; or (b) the termination of this Agreement for any reason. Company shall securely delete
all Company data from the Products before they are returned to Rubrik. Company acknowledges that any data remaining on any
Products that are returned to Rubrik may be disposed of or destroyed by Rubrik without any liability to Rubrik.

8. BETA PRODUCTS. This Section applies only if Company is receiving Beta Products under this Agreement. Notwithstanding anything
to the contrary in this Agreement, Company understands and acknowledges that Beta Products may not be fully functional or in final
form, may contain errors, bugs, design flaws, or other problems, and may result in unpredictable performance, including loss of data or
other damage. Company agrees that Rubrik is under no obligation to provide Company with support for Beta Products or to provide
Company with updates or error corrections to Beta Products. If Rubrik, in its sole discretion, decides to provide Company with updates
to the Beta Products, such updates will be considered part of the Beta Products and subject to the terms of this Agreement.

9. TREATMENT OF CONFIDENTIAL INFORMATION. Confidential Information will remain the property of the Disclosing Party. Each
Party will have the right to use the other’s Confidential Information solely for the purpose of fulfilling its obligations under this
Agreement. Each Party agrees (a) to hold the other Party’s Confidential Information in confidence for a period of three (3) years from
the date of disclosure; and (b) to disclose the other Party’s Confidential Information only to those employees or agents who have a
need to know in furtherance of this Agreement and who are required to protect such Confidential Information against unauthorized
disclosure under terms no less restrictive than those set forth herein. The Receiving Party will protect the Confidential Information from
unauthorized use, access or disclosure in the same manner as it protects its own Confidential Information of a similar nature, and in
any event with at least a reasonable degree of care. The Receiving Party may disclose the Disclosing Party’s Confidential Information
to the extent such disclosure is required pursuant to a judicial or administrative proceeding, provided that the Receiving Party gives the
Disclosing Party prompt written notice thereof and the opportunity to seek a protective order or other legal remedies. Upon the
Disclosing Party’s written request, all Confidential Information (including all copies thereof) of the Disclosing Party will be returned or
destroyed, unless the Receiving Party is required to retain such information by law, and the Receiving Party will provide written
certification of compliance with this Section.

10. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY.

THE RUBRIK PRODUCTS ARE PROVIDED “AS-IS.” RUBRIK, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RUBRIK, ITS SUPPLIERS AND LICENSORS SHALL HAVE
NO LIABILITY OF ANY TYPE UNDER ANY LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PRODUCTS UNDER THIS
AGREEMENT, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE
RUBRIK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCTS AND THIS AGREEMENT IS
US$1,000. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, COMPANY SHALL NOT USE THE FREE
TRIAL PRODUCTS IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES
CAUSED BY ITS USE OF THE PRODUCTS. COMPANY ACKNOWLEDGES AND AGREES THAT ANY DATA AND
CONFIGURATIONS ENTERED INTO COMPANY’S FREE TRIAL PRODUCTS MAY BE PERMANENTLY LOST UPON TERMINATION
OF THE AGREEMENT.

11. GENERAL. Company will comply with all applicable laws and regulations, including the Export Administration Regulations, the

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International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control.
Neither Party will assign or transfer this Agreement without the other Party’s prior written consent, which will not be unreasonably
withheld or delayed. This Agreement is governed by and construed in accordance with the laws of the State of California without regard
to the conflicts of law provisions. The prevailing Party in any claim or cause of action arising from or relating to this Agreement is
entitled to be awarded its costs and reasonable attorneys' fees. Each right and remedy herein is in addition to any other right or
remedy, at law or in equity. Company agrees that it shall not provide any personal data to Rubrik under this Agreement. Company and
Rubrik agree that any breach or threatened breach of this Agreement or Company’s failure to return or uninstall the Product may cause
the other Party irreparable damage for which it may have no adequate remedy at law and entitle the other Party to seek injunctive relief
without the necessity of posting any bond. If any provision of this Agreement is held to be unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect and
enforceable. The failure of a Party to enforce its rights hereunder will not be construed as a waiver of such rights. This Agreement
constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and any and all written or oral agreements
previously existing between the Parties as to its subject matter are superseded. Any modifications of this Agreement must be in writing
and signed by an authorized representative of each Party. The Parties expressly agree that this Agreement may be signed
electronically.

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