Qualcomm® Crash Analysis Portal

Clicking “Accept and Login” below indicates your acknowledgement and agreement, on behalf of the legal entity that you represent, to each of the following sections and provisions:

LICENSE

Your access to and use of the materials available on this portal are subject to the terms and conditions of a previously executed and currently active contract applicable to the use of test tools of QTI or its affiliates (the “Tools Agreement”), as entered into by and between (i) Qualcomm Technologies, Inc. (“QTI”) or a QTI affiliate and (ii) the legal entity that you represent ((i) and (ii) collectively, the “Parties”). If the legal entity you represent does not have an active Tools Agreement with QTI or a QTI affiliate, you are prohibited from accessing or using this portal.

DATA PROCESSING ADDENDUM

Each upload of Data (as defined below) into the Qualcomm Crash Analysis Portal is additionally subject to the below Data Processing Addendum to the Tools Agreement (the “Data Processing Addendum”).

I. Definitions:

a) “Data” means any Personal Information (if applicable), and any information you upload into the Qualcomm Crash Analysis Portal.

b) “Data Subject” means the natural person to whom the Personal Information relates.

c) “Personal Information” means any data relating to a natural person who (i) can be identified from such data, or (ii) is potentially identifiable from such data either by itself or combination with any other information.

d) “Processing” or “Process” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as: collection, recording, organization, analysis, storage, adaptation, alteration, retrieval, consultation, use, disclosure, transfer, dissemination, access, otherwise making available, alignment, combination, blocking, erasure, or destruction.

II. Processing Description

a) Types of Data to be processed by the Qualcomm Crash Analysis Portal: Software crash log Data including, but not limited to, information about all the applications running on the device at the time of the software crash including information about Data Subject contacts, GPS location, photographs, videos, payment information, streaming data, websites accessed or stored in cache, phone state, software state, and software and/or hardware errors.

b) Categories of Data Subjects: Data Subjects may be your employees, contractors, or temporary workers, or they may be end users of your products and/or services.

c) Country location(s) of Data Subjects: Data Subjects may be located in any country in the world unless prohibited by law.

d) Country location(s) where the Data will be processed or stored: QTI will process Data in the United States and may transfer Data to any of QTI’s or its affiliated companies’ locations including locations in Asia or Europe.

e) Description of the Data processing activities: QTI may use your uploaded crash log Data for so long as reasonable for internal business purposes to identify, troubleshoot, analyze, debug, and otherwise determine the causes of the applicable software crash and develop, test, and resolve software fixes or mitigations to such issues.

f) List of sub-processors (e.g., service providers) used by QTI under this Data Processing Addendum: QTI may use its affiliated companies to sub-process the Data under this Data Processing Addendum.

III. Data Management Obligations

a) Confidentiality. Notwithstanding any other confidentiality obligations between the parties, Personal Information included in the Data shall be considered your confidential information and QTI shall not disclose or provide access to any Personal Information without your written instruction.

b) Processing Limitations. QTI may Process and utilize Personal Information contained in the Data solely to the extent necessary to carry out its obligations under this Data Processing Addendum and solely in accordance with your instructions. If QTI believes it is required by law to access, disclose, or otherwise Process Personal Information in any way that exceeds your instructions, QTI will, unless specifically prohibited by law, notify you prior to such Processing and provide you the opportunity to intervene or object as appropriate.

c) Sub-processors. Except as specifically provided for in this Data Processing Addendum, QTI shall not share or provide access to Personal Information contained in the Data to any third parties, except upon your prior written consent.

d) Compliance with Laws. Each Party shall comply with applicable privacy, data protection and information security laws including, but not limited to, laws, rules, and/or regulations concerning the Processing (including international transfer) of Personal Information (“Data Protection Laws”).

e) Assistance. QTI shall provide you with reasonable assistance in allowing Data Subjects to exercise their rights with respect to their Personal Information as required by law. In addition, QTI shall notify you if it receives any complaints from Data Subjects, press, or regulators regarding QTI’s Processing under this Data Processing Addendum and any requests for Data from law enforcement or government.

f) Security. QTI shall maintain the Data in an information technology environment designed to prevent unauthorized access by using commercially reasonable security practices in light of the sensitivity of the data including organizational, physical, and technical safeguards.

g) Incidents. If QTI becomes aware of any actual or suspected unauthorized access to or disclosure of your Data (“Breach”), QTI will immediately take steps to mitigate and/or remediate any Breach to protect Data and Data Subjects from further risk or harm and will take steps to prevent any similar Breach from occurring in the future. Upon becoming aware of a Breach, QTI shall promptly notify you, consult and cooperate with investigations, any potential required notices, disputes, inquiries, claims, litigation, or regulatory actions arising from the Breach, and provide any information reasonably requested by you.

h) Data Deletion. Within a commercially reasonable time after completion of processing of your Data, QTI shall electronically erase, destroy, and render your Data unreadable.

EXPORT COMPLIANCE ASSURANCE

You acknowledge that all software, source code and technology (collectively, Products) obtained from QTI its subsidiaries and affiliates ("Qualcomm") are subject to the US government export control and economic sanction laws, including the Export Administration Regulations (EAR, 15 CFR 730 et seq., ) administered by Department of Commerce, Bureau of Industry and Security (BIS); and various embargo and sanctions regulations (31 CFR 500 et. seq., ) administered by the Department of Treasury, Office of Foreign Assets Control (OFAC) and the International Traffic in Arms Regulations (ITAR, 22 CFR 120 et seq., ) administered by the Department of State, Directorate of Defense Trade Controls.

You assure that you, your subsidiaries and affiliates will not directly or indirectly export, re-export, transfer or release (collectively, "Export") any Products or direct product thereof to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation. The US government maintains embargoes or sanctions against the countries listed in Country Groups E:1/2 of the EAR (Supplement 1 to part 740), currently Cuba, Iran, North Korea, Sudan (N), Syria and Crimea region of Ukraine, but any amendments to these lists shall apply. Recipient agrees not to directly or indirectly employ any Product received from Qualcomm in missile technology, sensitive nuclear or chemical biological weapons activities, or in any manner knowingly Export any Product to any party for any such end use. Recipient shall not Export Products listed in Supplement 2 to part 744 of the EAR for military end uses, as defined in part 744.21, to the People's Republic of China or for a military end-use or to military end-users in Russia or Venezuela. Recipient shall not Export any Product to any party listed on any of the denied parties lists or specially designated nationals lists maintained under said regulations without appropriate US government authorization to the extent required by regulation.

You acknowledge that other countries may have trade laws pertaining to the Export, import, use, or distribution of Products, and that compliance with same is your responsibility.

This Export Compliance Assurance shall survive the expiration or termination of any agreement with Qualcomm.

Clicking “Accept and Login” below indicates your acknowledgement and agreement, on behalf of the legal entity that you represent, to each of the above sections and provisions: