Terms and Conditions

These TERMS OF USE (the “Terms”) govern the access and use of the website located at vantagediscovery.com and vanta.ge, including any of its subdomains, (the “Site”) and all other Vantage Discovery Materials (defined below in Section 1) provided by VANTAGE DISCOVERY, INC., a Delaware corporation (“Vantage Discovery”). By accessing and using the Site or clicking on the “I accept” button, the individual accessing and using the Vantage Discovery Materials or, if such individual is entering into these Terms on behalf of or within in such individual’s capacity as an employee of an entity, such entity is entering into and agreeing to be bound by the Terms (the individual or entity entering into these Terms, the “Customer”). By entering into these Terms, Customer, and, as applicable, the individual entering into these terms on behalf of Customer, represents that: (1) Customer agrees to be bound by the Agreement (2) Customer is not barred from using the Vantage Discovery Materials (or any feature thereof), and (3) if Customer is an entity, the individual entering into this Agreement has the authority to enter into the Agreement on behalf of Customer, and to bind Customer to the Agreement. Each of Vantage Discovery and Customer are a “Party” and, collectively, are the “Parties.”

PLEASE BE AWARE THAT:

+ THE PLATFORM IS INTENDED FOR BUSINESS, COMMERCIAL, OR ORGANIZATIONAL USE AND IS NOT INTENDED FOR USE BY AND MAY NOT BE USED BY INDIVIDUALS EXCEPT AS EMPLOYEE USERS OR END USERS (AS DEFINED HEREIN).

+ The Platform is being offered on a trial basis under these Terms. As such, Vantage Discovery reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms and the Vantage Discovery Materials at any time.

+ When changes are made to the Terms, Vantage Discovery will make a new copy of the Terms available within the Console and also update the “Last Updated Date” at the top of the Terms. If Customer does not agree to abide by the Terms, or any amended Terms, Customer must not use (or continue to use) the Platform.

1. DEFINITIONS.

The following terms, when used in these Terms, will have the following meanings:

1.1

“Agreement” means these Terms together with all Orders between Customer and Vantage Discovery.

1.2

“API” means the application programming interface for sending data to or receiving data from the Platform and any software libraries for accessing the Platform, in each case, that are made available to Customer hereunder.

1.3

“Console” means the web based user interface that Customer may use to access the Platform via the Site.

1.4

“Customer Application” Customer’s web or mobile application through which Customer offers and/or sells its products or services.

1.5

“Employee Users” means Customer’s employee or contractor personnel authorized by Customer to access and use the Platform and/or the API.

1.6

“End User” means Customer’s end user that utilizes the search functionality provided by the Platform through the Customer Application.

1.7

“Order” means the webform submission or other order form pursuant to which Customer registers to access and use the Platform.

1.8

“Platform” means the Vantage Discovery software-as-a-service search platform made available on the Site, which may be made available by Vantage Discovery, including all fixes, updates, and upgrades to the same made available to Customer.

1.9

“Support Materials” means the printed and digital instructions, help files, technical documentation, and user manuals made available by Vantage Discovery to Customer describing the intended operation of the Platform.

1.10

“Usage Limitations” means any usage limitations or restrictions, including, without limitation, query or storage limitations, applicable to Customer’s use of the Platform, including any such restrictions set forth in the Order.

1.11

“Vantage Discovery Materials” means the Site, Platform, Console, Support Materials, Site, and any other materials, content, or information delivered or made available via the Platform or by Vantage Discovery, such as the API, under the Agreement.

2. LICENSE; ACCESS AND USE; SERVICES

2.1

Access to the Site and the Platform. Subject to the terms and conditions of the Agreement, Vantage Discovery hereby grants to Customer, during the term of the Agreement, a non-exclusive, non-sublicensable, non-transferable right to access and use, and permit Employee Users to access and use, the Site, Platform, and the Console solely for Customer’s internal business purposes in accordance with any Usage Limitations and the Support Materials.

2.2

API License. Subject to the terms and conditions of the Agreement, Vantage Discovery hereby grants Customer a non-exclusive, non-transferable, non-sublicensable, license to: (a) integrate the API with the Customer Application to enable the submission of search queries to and receive search results from the Platform; (b) submit and allow End Users to submit search queries through the Customer Application to the Platform and receive such search results from the Platform through the Customer

Application as integrated with the API; and (c) make only those copies of the API absolutely necessary to exercise Customer’s rights under the foregoing.

2.3

Support Materials. Subject to the terms and conditions of the Agreement, Vantage Discovery hereby grants to Customer a non-exclusive, revocable, non-transferable, non-sublicensable license during the term of the Agreement to reproduce, without modification, and internally use a reasonable number of copies of the Support Materials solely in connection with Customer’s authorized use of the Platform, Console, or API. Customer will include on any copies it makes of the Support Materials the copyright notices or proprietary legends contained within the same.

2.4

Customer Restrictions. Customer will not directly or indirectly: (a) reverse engineer, decompile, disassemble, translate, modify, create derivative works of the Vantage Discovery Materials; (b) copy or reproduce the Vantage Discovery Materials, except to the extent necessary to exercise the licensed use of the same hereunder; (c) attempt to probe, scan, or test the vulnerability of the Platform, breach the security or authentication measures of the Platform without proper authorization or willfully render any part of the Platform unusable; (d) use or access the Vantage Discovery Materials to develop a product or service that is competitive with the Vantage Discovery Materials or engage in competitive analysis or benchmarking with respect to Vantage Discovery Materials; (e) transfer, distribute, sell, resell, lease, license, sublicense, operate as a service for or on behalf of others, or otherwise assign the Vantage Discovery Materials (except with respect to Section 10.1) or, other than with respect to Employee Users, offer access to the Vantage Discovery Materials to a third party; (f) circumvent or interfere with any authentication or security measures of the Platform or interfere with or disrupt the integrity or performance of the Platform; (g) export the Vantage Discovery Materials or technical data or any copy, portions or direct product thereof to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders; (h) transmit unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, infringing or harmful data, content, or code, or any data, content, or code that Customer is not authorized to transmit, either to or from the Platform; (i) use any bot or other automated system for submitting queries to using the API or otherwise inundating the API with more requests than could reasonably be made by End Users; or (j) exceed any Usage Limitations or otherwise use the Vantage Discovery Materials except as expressly permitted hereunder. Customer will notify Vantage Discovery promptly of any such unauthorized access to or use of the Vantage Discovery Materials. Vantage Discovery reserves the right to suspend access to the Vantage Discovery Materials and terminate these Terms in the event that Vantage Discovery reason to believe that Customer is in violation of this Section

2.5

Accounts. To access and use the Platform, Customer and Employee Users may be required to create an account on the Site (each an “Account”). In registering an Account, Customer and Employee Users will: (a) provide true, accurate, current, and complete information as prompted by the registration form (the “Account Information”); and (b) maintain and promptly update the Account Information to keep it true, accurate, current, and complete. Customer is responsible for all activities that occur under all

Accounts, including the activities of its Employee Users, and agrees to not share its login information with any unauthorized person. Customer shall notify Vantage Discovery as soon as reasonably practicable of any unauthorized use of any Account or any other known or suspected breach of security.

2.6

Updates; Changes; Discontinuation. Customer understands that Vantage Discovery is providing Customer a free, trial version of the Platform and that the Platform and Site are evolving. As a result, Vantage Discovery reserves the right to change, discontinue, limit, or otherwise restrict access and use of the Vantage Discovery Materials (or any feature thereof) at any time, with or without notice. Vantage Discovery does not currently charge a fee for the Vantage Discovery Materials. However, it reserves the right to charge such fees in the future.

3. PROPRIETARY RIGHTS

3.1

Vantage Discovery Materials. As between the Parties, Vantage Discovery exclusively owns all right, title, and interest in and to the Vantage Discovery Materials, and any Confidential Information (as defined below) disclosed to Customer by Vantage Discovery. Except as expressly granted in these Terms, Vantage Discovery does not grant to Customer any license or rights (by implication, estoppel, or otherwise) in the Vantage Discovery Materials. All other rights in and to the Vantage Discovery Materials are expressly reserved by Vantage Discovery. Notwithstanding anything herein to the contrary, all rights granted hereunder in and to the Vantage Discovery Materials are licensed and not sold or transferred. Customer acknowledges that Vantage Discovery may, but is under no obligation to, monitor Customer’s use of the Vantage Discovery Materials.

3.2

Customer Data. As between Vantage Discovery and Customer, Customer retains all rights, title, and interest in and to any data submitted, or made available by Customer or an Employee User to the Platform, including any End User search queries or other information submitted to the Platform through the API, and the outputs resulting from the processing of such data by or on the Platform, including any search results returned through the API (to the extent of any ownership rights available in such outputs under applicable law) (the “Customer Data”) (provided that, “Customer Data” does not, in any event, include algorithms, artifacts, models, objects, or software that are part of the Platform or used to generate any output from the Platform). Customer hereby grants Vantage Discovery a non-exclusive, limited license during the term of this Agreement to use Customer Data solely as necessary to make available and improve the Platform and perform its obligations hereunder. Vantage Discovery will delete and erase any Customer Data from the Platform within a commercially reasonable amount of time following Customer’s request therefor; provided that Vantage Discovery shall not have any obligation to delete any log files or any Customer Data contained therein. Vantage Discovery will have no liability due to any inability to use the Platform as a result of any Customer Data that was deleted at Customer’s request.

3.3

Customer Responsibilities and Representations and Warranties. Customer is solely responsible for any and all obligations with respect to the accuracy, quality, and legality of Customer Data. Customer will obtain all third-party licenses, consents, and permissions needed for Vantage Discovery to use the Customer Data to provide the Platform and represents and warrants that it has all rights and permissions needed to grant the licenses set forth in Section 3.2 and 3.4.

3.4

Performance Data. Notwithstanding anything to the contrary herein, nothing herein limits or restricts Vantage Discovery’s right or ability to use data regarding the performance, availability, usage, integrity and security of the Vantage Discovery Materials, and Customer hereby grants Vantage Discovery a perpetual, irrevocable, unlimited, royalty-free, fully paid up, sublicensable license to use any non-personally identifiable information related to Customer’s, Employee Users’, and End Users’

interactions with the Platform to operate and improve Vantage Discovery’s products and services, including for the purpose of tuning or training artificial intelligence algorithms and models.

3.5

Feedback. Customer may from time to time provide Vantage Discovery suggestions or comments for enhancements or improvements, new features or functionality or other feedback (“Feedback”). Customer hereby grants Vantage Discovery a perpetual, irrevocable, unlimited, royalty-free, fully paid up, sublicensable, license to freely use, exercise, and exploit any such Feedback in connection with Vantage Discovery’s business, products, and services.

4. Confidential Information

4.1

Definition. “Confidential Information” means, with respect to each Party (as the “Disclosing Party”), any information disclosed by or on behalf of the Disclosing Party to the other Party (as the “Receiving Party”) that is either designated as confidential or proprietary at the time of disclosure or should be reasonably understood to be confidential in light of the nature of the information or the circumstances surrounding its disclosure and: (a) with respect to Customer as Disclosing Party, “Confidential Information” includes the Customer Data and Third Party Credentials; and (b) with respect to Vantage Discovery as Disclosing Party, “Confidential Information” includes the Vantage Discovery Materials.

4.2

Confidentiality. Receiving Party will use the Confidential Information solely to perform its obligations and exercise its rights under the Agreement and it will not disclose, or permit to be disclosed, the same directly or indirectly, to any third party without the Disclosing Party’s prior written consent, except as otherwise permitted hereunder. However, Receiving Party may disclose Confidential Information: (a) to its employees, officers, directors, attorneys, auditors, financial advisors, and other representatives (collectively, “Representatives”) who have a need to know and are legally bound to keep such information confidential by confidentiality obligations with respect to the Confidential Information of the Disclosing Party consistent with those of this Agreement (provided that the Receiving Party shall be responsible for any actions of its Representatives that would breach this Section 4.2 if such action were taken by Receiving Party); and (b) as required by law (in which case the Receiving Party will provide the Disclosing Party with prior written notification thereof, will provide the Disclosing Party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law; and provided further that any information so disclosed shall retain its confidentiality protections for all other purposes). Receiving Party agrees to exercise the same degree of care that it uses to protect its own like Confidential Information, but in no event less than a reasonable degree of care in protecting the Disclosing Party’s Confidential Information from unauthorized use and disclosure. The obligations of confidentiality in this Section 4.2 shall not apply to information that the Receiving Party can demonstrate: (a) is or becomes generally known or publicly available through no fault of the Receiving Party; (b) was properly known by or disclosed to the Receiving Party, without restriction, by another person with the legal authority to do so; or (c) is independently developed by the Receiving Party without use of or reference to the Confidential Information, as demonstrated by the Receiving Party’s contemporaneous written records.

4.3

No Personally Identifiable Information. Customer represents and warrants that it will not provide any personally identifiable information (as defined under applicable privacy laws).

5. THIRD PARTY TECHNOLOGY

5.1

Generally. Customer acknowledges and agrees that Platform may use, integrate, or be hosted on certain technology that is provided or made available by third parties (“Third Party Technology”), including certain large language model artificial intelligence algorithms provided by such Third Party Technology (each a “Third Party LLM”), and that Customer Data will be shared with such third parties in order to provide the Platform and the features and functionality thereof. Vantage Discovery will only use

those Third Party LLMs selected by Customer through the Platform (“Customer-Selected LLM”) in providing the Platform hereunder, and Customer acknowledges and agrees that such Customer-Selected LLM may be required for the provision of the Platform. In order to enable Vantage Discovery to access and use each Customer-Selected LLM, or certain or other Third Party Technology with which Customer chooses to integrate the Platform, Customer will be required to provide its login credentials to its account (“Third Party Credentials,” any such account, a “Third Party Account,” and each such Third Party Technology and Customer-Selected LLM, a “Customer Integrated Technology”). Any use of a Customer Integrated Technology, including any Customer-Selected LLM, by Vantage Discovery in providing the Platform hereunder will be solely on the Customer’s behalf and Customer must provide Vantage Discovery with access to such Customer Integrated Technology to Vantage Discovery for the purpose of providing the Platform hereunder.

5.2

Customer Obligations; Vantage Discovery Liability.

Customer hereby grants Vantage Discovery the right to: (a) access and use the Customer Integrated Technology through the applicable Third Party Account; and (b) to access, use, and store any information, data, and/or other materials accessible to the Platform through any Customer Integrated Technology, in each case, solely on behalf of and for the benefit of Customer for the purpose of providing the Platform and the features and functionality thereof hereunder. Customer represents and warrants that Customer has all necessary rights to provide to Vantage Discovery any Third Party Credentials and to permit Vantage Discovery to access use Customer Integrated Technology, including Customer-Selected LLMs, through the applicable Third Party Account in accordance with this Agreement. As between Customer and Vantage Discovery, Customer is solely responsible for any Customer Integrated Technology. Customer’s and Employee Users’ relationship with the providers of such Customer Integrated Technology is governed solely by Customer’s agreement with such third-party service provider, including any limitations with respect to such Customer Integrated Technology. Vantage Discovery is not liable for: (i) any action or inaction by the third-party service provider of any Third Party Technology, including any Customer-Selected LLM; (ii) Vantage Discovery’s possession or use as Customer Data of any data or information that may be provided to it by such third-party service providers in violation of the settings in such Third Party Account; (iii) any inability to access or use any features or functionality of the Platform as a result of any cancellation, loss of, inability to access or use any Third Party Account, or any delay in the provision of the Third Party Credentials; or (iv) any failures or interruptions of any Third Party Technology, including any Customer-Selected LLM.

6. TERM AND TERMINATION

6.1

Term. The term of the Agreement will commence on the Effective Date and continue until terminated by either Party.

6.2

Termination. Customer may terminate this Agreement by notifying Vantage Discovery to delete its Account, and ceasing use of the Platform. Vantage Discovery may terminate this Agreement and the rights granted herein immediately upon written notice for any reason or no reason.

6.3

Survival. Upon termination or expiration of the Agreement: (a) all licenses and other rights and obligations will immediately terminate except that Sections 1, 2.4, 3, 4, 5, 6.3, 7-10 will survive indefinitely; and (b) unless Customer has a separate agreement with Vantage Discovery for access and use of the Platform, Customer will immediately: (i) cease all use of the Vantage Discovery Materials, (ii) promptly erase all copies of the Vantage Discovery Materials in Customer’s possession, and (iii) certify in writing that it has complied with the foregoing (i) and (ii); provided that, except in the event of a termination for Customer’s breach, Vantage Discovery will provide Customer with a five (5) day window after termination or expiration to export any Customer Data not previously exported from the Platform.

7. DISCLAIMERS

7.1

DISCLAIMERS. THE VANTAGE MATERIALS, INCLUDING THE PLATFORM, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. VANTAGE DISCOVERY HEREBY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE VANTAGE DISCOVERY MATERIALS OR CUSTOMER’S ACCESS TO OR USE OF THE VANTAGE DISCOVERY MATERIALS, AND VANTAGE DISCOVERY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. VANTAGE DISCOVERY DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR THAT IT WILL WORK WITHOUT INTERRUPTIONS.

CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (a) THE ACCURACY, SUFFICIENCY, AND USEFULNESS OF ANY RESULTS PROVIDED BY THE PLATFORM IS DEPENDENT ON THE QUALITY, COMPLETENESS, AND ACCURACY OF THE CUSTOMER

DATA PROVIDED, AND VANTAGE DISCOVERY MAKES NO REPRESENTATION, WARRANTY, OR COVENANT WITH RESPECT TO THE ACCURACY OR EFFECTIVENESS OF THE VANTAGE DISCOVERY MATERIALS, THE RESULTS OR DATA GENERATED THEREFROM, OR ANY DECISION OR ACTION TAKEN BY CUSTOMER AS A RESULT OF ANY OF THE FOREGOING; (b) VANTAGE DISCOVERY IS NOT THE PROVIDER OF ANY THIRD PARTY TECHNOLOGY OR RESPONSIBLE FOR ANY THIRD PARTY TECHNOLOGY, AND VANTAGE DISCOVERY HEREBY DISCLAIMS AND WILL HAVE NO LIABILITY HEREUNDER RESULTING FROM OR WITH RESPECT TO THE OPERATION, MAINTENANCE, FUNCTION, FAILURE, OR SECURITY OF ANY THIRD PARTY TECHNOLOGY OR ANY ACT OR OMISSION OF ANY PROVIDER OF ANY THIRD PARTY TECHNOLOGY.

8. INDEMNIFICATION

Customer, at its expense, will defend Vantage Discovery against any third-party claim arising out of or relating to (a) use or misuse of the Platform; (b) Customer’s Confidential Information, including Customer Data, and Customer will indemnify Vantage Discovery for any damages finally awarded against Vantage Discovery in connection with any such claim (or any settlement approved by Customer).

9. LIMITATION OF LIABILITY

UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL VANTAGE DISCOVERY BE LIABLE TO CUSTOMER UNDER THE AGREEMENT FOR: (a) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST CONTENT OR DATA, EVEN IF VANTAGE DISCOVERY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; OR (b) ANY DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF $100.

10. GENERAL

10.1

Assignment; Delegation. Neither Party hereto may assign or otherwise transfer the Agreement, in whole or in part, without the other Party’s prior written consent, except that either Party may assign the Agreement without consent to a successor to all or substantially all of its assets or business related to the Agreement. Upon a change of control or other acquisition of Customer, Customer’s right to use the Platform will be limited to the applicable Usage Limitations immediately prior to such change of control or acquisition. Any attempted assignment, delegation, or transfer by either Party in violation hereof will be null and void. Subject to the foregoing, the Agreement will be binding on the Parties and their permitted successors and assigns.

10.2

Amendment; Waiver. No amendment or modification to the Agreement, nor any waiver of any rights hereunder, will be effective unless assented to in writing by both Parties. Any such waiver will be only to the specific provision and under the specific circumstances for which it was given and will not apply with respect to any repeated or continued violation of the same provision or any other provision. Failure or delay by either Party to enforce any provision of the Agreement will not be deemed a waiver of future enforcement of that or any other provision.

10.3

Relationship. Nothing contained herein will in any way constitute any association, partnership, agency, employment, or joint venture between the Parties hereto, or be construed to evidence the intention of the Parties to establish any such relationship. Neither Party will have the authority to obligate or bind the other in any manner, and nothing herein will give rise or is intended to give rise to any rights of any kind to any third parties.

10.4

Compliance with Law. Customer warrants that its use of the Vantage Discovery Materials will comply in all respects with all applicable laws in connection with the Agreement, including without limitation the U.S. Export Administration Regulations and sanctions regulations administered by the U.S. Treasury Department.

10.5

Unenforceability. If a court of competent jurisdiction determines that any provision of the Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the Parties, while the remainder of the Agreement will remain in full force and effect and bind the Parties according to its terms.

10.6

Governing Law and Venue. The Agreement will be governed by the laws of the State of California, exclusive of its rules governing choice of law and conflict of laws. The Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Customer hereby expressly consents to the personal jurisdiction and venue in the state and federal courts for Santa Clara County, California for any lawsuit arising from or related to this Agreement.

10.7

Notices. Any notice required or permitted to be given hereunder will be given in writing by personal delivery, certified mail, return receipt requested, or by overnight delivery. Notices to the Parties must be sent to the respective address set forth in the signature blocks below, or such other address designated pursuant to this Section.

10.8

Entire Agreement. The Agreement comprises the entire agreement between Customer and Vantage Discovery with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements (oral and written), other than any separate agreement between Vantage Discovery and Customer pursuant to which Vantage Discovery provides or makes available to Customer the Platform, Console, API, and Support Materials. If a separate

agreement is entered into between Vantage Discovery and Customer, such agreement will govern Customer’s access and use of the Vantage Discovery Materials. No oral or written information or advice given by Vantage Discovery, its agents or employees will create a warranty or in any way increase the scope of the warranties in the Agreement. In the event of a conflict between the Terms and the terms and conditions of the Order, the Terms will control unless otherwise explicitly set forth therein.

10.9

Force Majeure. Neither Party will be deemed in breach hereunder for any cessation, interruption or delay in the performance of its obligations, other than any obligations to make payments hereunder, due to causes beyond its reasonable control, including earthquake, flood, pandemic, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, war (whether or not officially declared), cyber-attacks (e.g., denial of service attacks), any failure of Third Party Technology, or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree.

10.10

Government Terms. the Platform shall constitute “commercial” computer software. Government technical data and software rights related to the Platform include only those rights customarily provided to the public as defined in the Agreement. These customary commercial licenses are provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these terms, it must negotiate with Vantage Discovery to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.