Zoom Agreement

At Five9`s special meeting of shareholders on September 30, 2021, Five9 did not receive the necessary shareholder support for the merger agreement. As a result, Zoom and Five9 each had the option to terminate the merger agreement. 21.1 Choice of Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California as they apply to agreements entered into and intended to be performed in California by California residents. The parties agree to the exclusive jurisdiction and venue of the state courts located in Santa Clara County, California, and the federal courts located in the Northern District of California. You are responsible for the activities of all End Users who access or use the Services through your account, and you agree to ensure that such End User complies with the terms of this Agreement and all Zoom Policies. Zoom assumes no responsibility for any violation. If you become aware of a breach of this Agreement in connection with an individual`s use of the Services, please contact Zoom at violation@zoom.us. Zoom may investigate any complaint and violation brought to its attention and may take any action (or none) it deems appropriate, including, but not limited to, issuing warnings, removing content, or terminating accounts and/or user profiles. In no event shall Zoom be liable in any way for any data or other content displayed while using the Services, including, but not limited to, errors or omissions in such data or content, or any loss or damage of any kind resulting from the use, access or denial of access to the data or content. About ZoomZoom is for you.

We help you express ideas, connect with others and work towards a future limited solely by your imagination. Our seamless communication platform is the only one that started with video as a foundation, and since then we`ve set the standard for innovation. That`s why we`re an intuitive, scalable, and secure choice for individuals, small businesses, and large businesses. Founded in 2011, Zoom is publicly traded (NASDAQ: ZM) and is headquartered in San Jose, California. Visit zoom.com and follow @zoom. SAN JOSE, Calif., Sept. 30, 2021 (GLOBE NEWSWIRE) — Zoom Video Communications, Inc. (NASDAQ: ZM) announced today that Zoom and Five9 have mutually terminated the merger agreement signed by the parties on July 16, 2021. When you first perform any of the following actions, you enter into a legally binding contract with the non-Zoom company(ies) from which you order the Services (“Resellers”) that govern the entire order, purchase, access to, and use of the Services (the “Reseller Customer Agreement”): (a) enter into any agreement, order, or other document containing this Agreement; or otherwise accept or accept this Agreement; or (b) access or use the Services after being informed that this Agreement applies to such Services or to such access or use. The Reseller Customer Agreement includes all terms and conditions between you and the Reseller relating to ordering, purchasing, accessing or using the Services (including, but not limited to, this Agreement) and all orders for services made or placed by or on your behalf, each of which is subject to this Agreement. For the avoidance of doubt, any transaction, trade or relationship between you and Reseller – and any terms, conditions, documents, documents or other content agreed upon or entered into by you and Reseller or otherwise applicable to you – that are not related to the Services or the ordering, purchase, access or use of such Services (e.B.

Your order for Reseller`s goods or services that are not the Zoom Services) (each such transaction, document, etc., a “Third Party Agreement”) is outside the scope of the Reseller Customer Agreement, and this Agreement does not apply to such third party agreement. The person who accepts or accepts this Agreement represents and warrants to Zoom and reseller that they have the authority to bind themselves or the company representing that person to the Reseller Customer Agreement and this Agreement. IF SUCH PERSON DOES NOT HAVE SUCH AUTHORITY OR DOES NOT ACCEPT THIS AGREEMENT, HE OR SHE SHALL NOT ACCEPT THIS AGREEMENT, PLACE AN ORDER OR ORDER, ACCESS OR USE THE SERVICES, OR AUTHORIZE OR PERMIT ANY OTHER PERSON TO DO SO. Investor RelationsTom McCallumChild Relations Manager for Zoominvestors@zoom.us Press RelationsColleen RodriguezGlobal Public Relations Officer for Zoompress@zoom.us`s use of the Services is also subject to Zoom`s Privacy Policy, which will be announced on zoom.us/privacy. The Privacy Policy and all policies mentioned on www.zoom.us/legal are incorporated into this Agreement by this reference. If your use of the Services requires Zoom to process Personal Data (“PII” or “Personal Data”), Zoom will do so at any time in accordance with our Zoom Global Data Processing Addendum zoom.us/docs/doc/Zoom_GLOBAL_DPA.pdf, which is contained in this Agreement. In addition, you understand and agree that Zoom may contact you by email or other means with information relating to your use of the Services, whether or not you have opted out of receiving marketing communications or communications contained in this Agreement. In addition, you understand and agree that Zoom may contact you by email or other means with information relating to your use of the Services, whether or not you have opted out of receiving marketing or communications. “Zoom Documentation” means this description of the Zoom Services, the Zoom Website (www.zoom.us) and any additional descriptions of the Services that may be included in this Agreement. .