KPMG SFTP Terms of Use

By accessing KPMG's Secure File Transfer Protocol server (the "FTP Site"), the user accepting these terms ("You") hereby agree to the following:

1. Scope of Use: You will use the FTP Site only for your employer (or other entity providing You access)'s internal business purposes and in accordance with such entity's agreement with KPMG (where applicable). The use of the FTP Site is limited to downloading content made available to such entity by KPMG or uploading content made available by such entity to KPMG. Any other use of the FTP Site is prohibited.

2. Ownership: Unless otherwise set forth in your employer (or other entity providing You access)'s agreement with KPMG the information downloaded from the FTP Site is owned exclusively by KPMG and may include content that has been licensed by KPMG from third parties. All title and intellectual property rights in such information are the property of KPMG or such third party, and are protected by copyright and/or other intellectual property laws. 3. Unauthorized Access: KPMG owns all rights, titles and, interests in the FTP Site. You agree not to redistribute, reproduce, modify, commercialize, allow third parties to access, or reverse engineer or decompile (except where such rights cannot be limited by applicable law) the FTP Site. You will promptly notify KPMG in the event of any use of your password by others, unauthorized access, or any other event that may reasonably impair the FTP Site.

4. Access: KPMG may deactivate your access to the FTP Site without notice at any time for any reason including but not limited to KPMG becoming aware of any unauthorized use or breach of any terms and conditions herein. You acknowledge that content uploaded to the FTP Site may be removed without notice at any time. The FTP Site is not intended for use as your document retention system, and should not be regarded as a system of record.

5. Confidentiality: You acknowledge and agree that your employer (or other entity providing You access)'s agreement with KPMG restricts the use of confidential information made available by KPMG and You shall comply with the confidentiality requirements set forth in the applicable nondisclosure agreement and/or services agreement between KPMG and your employer (or other entity providing You access).

6. ACCESS TO THE FTP SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. IN NO EVENT WILL KPMG BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE INCLUDING BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE FTP SITE.

7. Export Control: You shall not provide KPMG (i) information (including technical data or technology), verbally, electronically, or in hardcopy, (ii) software or (iii) hardware, that is controlled for export by the United States government under the Arms Export Control Act of 1976, Export Control Reform Act of 2018, the International Traffic in Arms Regulations, Export Administration Regulations, Department of Energy Part 810 Regulations or Nuclear Regulatory Commission Part 110 Regulations, except information, software or hardware that is classified as EAR99 under the Export Administration Regulations.