For Customers incorporated in the United Kingdom and Ireland, the following provisions shall apply. All other provisions of the Agreement shall remain the same except as provided herein. To the extent of any inconsistency or contradiction between this Addendum and the body of the Agreement, the terms of this Addendum shall prevail.

1. Section 5.1(c) of the Agreement is hereby replaced with the following:

“(c) reverse engineer, decompile, disassemble, modify or create derivative works based on the Software or Documentation, except and as only to the minimum extent permitted by law, and having first requested any reasonably required information in writing from Checkmarx;”

2. Section 8.2 of the Agreement is hereby replaced with the following:

“Personal Information. In the event Checkmarx processes the personal information of any individual subject to General Data Protection Regulation (EU) 2016/679 or the UK Data Protection Act 2018 in connection with the SaaS/Hosted Software or Services, Checkmarx is acting as a Processor and shall handle the personal information in accordance with Checkmarx’s standard Data Processing Agreement located at http://www.checkmarx.com/legal/terms.

3. Section 11.4 of the Agreement is hereby replaced with the following:

“11.4 Disclaimer of Warranties. SAVE AS SET OUT IN SECTION 11.1 ABOVE AND SAVE IN RELATION TO THOSE WARRANTIES IMPLIED BY STATUTE WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW, ALL SOFTWARE, SERVICES AND DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS AND CHECKMARX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CHECKMARX EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CHECKMARX DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, SERVICES OR DOCUMENTATION WILL MEET THE REQUIREMENTS OF CUSTOMER, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED AND/OR ERROR FREE, OR THAT THE SOFTWARE WILL DETECT OR RENDER CUSTOMER’S CODE FREE FROM ALL ERRORS, VULNERABILITIES, OR INTRUSIONS

4. Section 13 of the Agreement is amended with the addition of the following additional paragraph:

“Notwithstanding the above, neither party seeks to exclude or limit its liability for death or personal injury resulting from their breach of contract or negligence, or in relation to any acts of fraud or fraudulent misrepresentation.”

5. Section 16.1 of the Agreement is hereby replaced with the following:

“16.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales.”

6. Section 16.2.1 of the Agreement is hereby replaced with the following:

“16.2.1. Rules and Place of Arbitration. For Customers incorporated in the United Kingdom and Ireland, binding arbitration shall be conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) and administered by the ICC. The arbitration shall be conducted in the English language in London, England, unless otherwise agreed by the Parties.”

7. Section 17.18 of the Agreement is hereby replaced with the following:

“17.18 Contracting Entity. For Customers incorporated in the United Kingdom and Ireland, the Checkmarx contracting entity is defined as Checkmarx UK Ltd.”