GENERAL CONDITIONS FOR LICENSE FOR USE OF SOFTWARE AND FOR THE PROVISION OF SERVICES ("Agreement") WHEREAS ApiShare is the provider of cloud software and Services and Licensee wishes to benefit from them under the terms of this Agreement; And WHEREAS the parties desire the Agreement to serve as the principal agreement between them for the purposes of any Order Form that Licensee may issue to ApiShare or its designees during the term of the Agreement. 1. DEFINITIONS The following terms and expressions will assume the meaning indicated below for each of them, which will remain the same, both in the singular and in the plural: “Account”: means the area of the Platform reserved for the individual user to which the Licensee provides access. “Adoption”: means the Services carried out by ApiShare aimed at the installation of ApiShare as well as the preparation of the necessary technical and organizational configuration necessary for use by the Customer. “API” so-called “Application Programming Interface”: means the Artifacts, stored within the Software licensed by ApiShare, the number of which contributes to the determination of the License fee. “ApiShare”: means ApiShare S.r.l., a limited liability company established under Italian law with registered office in Via Francesco Cangiullo, 24, 00142, Rome, Italy, VAT number [IT15880081003], info@ApiShare.cloud, PEC: user.group@pec.it Tel: (+39)065922216, Fax: (+39)0689280286, (“ApiShare”) as a provider of SaaS Services. “Applications” or Apps mean the Artifacts stored within the software licensed by ApiShare necessary for the use of the API. “Artifacts”: sets of structured information, such as application code, descriptive text documents, technical documents (Open API definition, so-called Swagger or ASYNC API definition), created by the Customer or by the Users identified by the Customer itself, stored on the Platform and accessible via the same. “Customer”: the person or Organization that issues the order / contract with ApiShare. “Licensee Data” means all data and other information that Licensee provides or makes available to ApiShare with respect to the SaaS Services of this Agreement. “Effective Date”: the date on which ApiShare will accept the Order Form in accordance with Schedule A to this Agreement. “Term”: means the period(s) during which Licensee will have access to and use the SaaS Services. “License”: the terms with which ApiShare, holder of the economic exploitation rights of the computer program or software, grants to the Customer/Licensee its Software and SaaS Services for use by the Customer. “Licensee” or “Customer”: indicates the natural or legal person identified as such in the “Order Form” who signs the “Order Form” for their own commercial, educational or professional purposes. “Maintenance”: collectively means the Corrective and Evolutionary Maintenance Services provided by ApiShare provided to the Customer upon payment of the License to use the products covered by the Agreement, indicated in the Attached Services Form. “Corrective Maintenance”: includes Technical Support and related interventions on the Software carried out to correct malfunctions or errors or bugs based on tests and reports received. “Evolutionary Maintenance”: includes interventions on the Software carried out to improve its functioning and usability, add new functions and features, adapt it to regulatory evolution and the reference context which, as a rule, is provided through its release on the market of new versions of the Software. “Order Form”: means the order form referred to in Attachment A of the Agreement through which the Licensee purchases the right to use the software license in SaaS mode. “Platform”: means "ApiShare Platform", the cloud platform dedicated to the provision of application services included in the user license so as to allow the Licensee to catalog and share its API ecosystem with customers and suppliers. “Services”: the Adoption services and Maintenance activities provided to the Customer included in the Agreement and described in the Services Form – Attachment C. “SaaS Services”: means the specific software-as-a-service offering – accessible via the web – of ApiShare identified in this Agreement and in the Order Form – Attachment A, hosted on the Platform and made available to the Licensee over a network on a term-use basis. “Software”: the IT solution developed by ApiShare which indicates the organized and structured set of instructions or symbols capable directly or indirectly of executing or obtaining a predefined function, a task or a result by means of an electronic processing system of the 'information. The term Software, within the License, identifies any computer program, source code, protocol, development kit, library, documentation, standard, format, architecture, language. “Floss Software”: the free and open-source software used to create the functionality of the Platform, including, by way of example, those listed below: Elasticsearch, Contour+Envoy, PostgreSQL, OPA, Docker, Kubernetes, RabbitMQ, SpringBoot, Hikari, JPA/Hibernate, GraphQL, Angular, RXJ, NGRX, Apollo, ng-bootstrap, Amplify. “Technical Support”: represents the communication and contact process between the Customer and ApiShare, governed according to the response times indicated in the Services Module – Attachment C. “Unit” or “Tenant”: minimum measure of virtual logical space granted in cloud mode by ApiShare to the Licensee, which hosts a single logical instance of the ApiShare components. “User”: means employees, collaborators, partners or customers of the Licensee, to whom the latter will guarantee the use of the Software pursuant to the User License. 2. OBJECT OF THE AGREEMENT AND LICENSE OF USE 2.1. The Agreement governs the provision of the License and Services to the Customer and any Users identified by the Customer. 2.2 The provision of the Software License and Services are carried out exclusively to the Licensee. 2.3 With the License, ApiShare and the Customer also intend to regulate the provision of the Services referred to in the following art. 5. 2.4 ApiShare grants to the Licensee a license to use the Software for access to the Platform (Gold or Platinum) – depending on the option chosen by the Customer – limited, non-transferable and non-exclusive for the use of a number of Units and the agreed quantity of API of the Software referred to in the Order Form - Attachment A, exclusively for the purposes of the internal operations and commercial purposes of the Licensee. 2.5 It is understood that the exclusive ownership of the ApiShare Software and the related copyrights, as well as the intellectual and industrial property rights is and will remain with ApiShare. In any case, the licenses of any FLOSS Software integrated, in whole or in part, in ApiShare are reserved; in this last case, the free and/or open source FLOSS Software licenses indicated in the introduction, which the Parties consider valid and effective, are intended to be fully referenced therein, renouncing to raise any exception regarding the validity and effectiveness of the same and of any related provision. 2.6 Without prejudice to the content of this Agreement and the payment of the fees specified in the Order Form – Attachment A, during the contractual term ApiShare (i) will maintain the Customer's Artifacts in the Platform, (ii) allow the Customer and the Users to remotely access and interface, via the Internet and using supported and appropriately configured web browsers, with a running instance of the Software and (iii) allow Customer and Users to access and modify the checked-in Artifacts as well as archive additional Artifacts. 2.7 The duration of each License will be limited, pursuant to the provisions of the Order Form - Attachment A. Upon its expiry, ApiShare will have the right to inhibit further use of the Software and the Licensee must consequently cease to use it. 2.8 The Gold or Platinum License (as specified in License Types – Attachment B) is granted for the entire duration of the Agreement. 2.9 The Customer acknowledges that any and all intellectual and industrial property rights in the Software, the SaaS Services and the Platform are and will remain the exclusive property of ApiShare. 2.10 The number of Units and the specifications of the hardware components on which the Customer can run the Software and the Software platforms on which the latter can be run are determined by ApiShare, as is the number of users and runnable instances. ApiShare will have the right at any time during the Contractual Term to verify these quantities on its own and to request from the Customer any additional compensation for the periods or functions used in excess of what is agreed in this document. 2.11 ApiShare reserves the right, at any time, at its discretion and without notice, to suspend the Gold or Platinum License for documented reasons of (i) operational security, (ii) arrears, (iii) expiry of the contractual terms. 2.12 The Customer is entitled to make requests to ApiShare for the implementation of new features or for increasing the capabilities of pre-existing features. ApiShare, in compliance with its strategic policies as well as on the basis of the planning of its development and distribution activities, will have the discretionary right to accept such requests, proceeding, where deemed appropriate, with the integration of the requested updates within the versions of the solution offered to the market in its new editions. 3. LICENSEE RESPONSIBILITIES AND RESTRICTIONS 3.1. The Licensee is responsible for all activities conducted by Users via the Platform. 3.2. Licensee must comply with all applicable laws, rules and regulations (“Laws”) in connection with the use of the SaaS services and the performance of the Agreement, including those laws relating to employment relations, privacy and data protection. Licensee acknowledges that ApiShare has no control over Licensee Data transmitted by Licensee or through the Platform. ApiShare may impose limits on the use of or access to the SaaS Services if – and to the extent – required by applicable law. 3.3. Licensee shall not, and shall not permit any third party to: (i) copy or republish the SaaS Services; (ii) rent, loan, sell, sublicense or use the SaaS Services to provide data processing, time-sharing or other services to any third party; (iii) use outside the Platform the data necessary for ApiShare to provide the SaaS Services; (iv) send or store viruses, spyware, ransomware, time bombs, Trojan horses, or other harmful or malicious code, or files in connection with the SaaS Services; (v) send or store infringing, offensive, harassing or otherwise unlawful material in connection with the SaaS Services; (vi) modify or create derivative works based on the SaaS Services; (vii) remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the SaaS Services or owned by ApiShare; (viii) reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code used or incorporated into the SaaS Services, which for the avoidance of doubt includes related algorithms, methods, and techniques; (ix) access or use the SaaS Services for the purpose of building a similar or competitive product, or (x) exploit the SaaS Services in any unauthorized way, including unauthorized entry or burdening of network capacity. 4. INTELLECTUAL PROPERTY 4.1. ApiShare owns all right, title and interest, including all related intellectual property rights, in and to the Software, SaaS Services, Platform and related documentation. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Licensee or any other party regarding the Service or the SaaS Services product shall be the property of ApiShare. The ApiShare name, logo, and product names associated with the SaaS Service are trademarks of ApiShare, and no right or license is granted to use them without the express permission of ApiShare. ApiShare reserves all rights not expressly granted in this Agreement. 4.2 If ApiShare, during the execution of the Agreement, were to create further intellectual works of a creative nature through ApiShare, including new features of the Software, websites, HTML pages, images, Artifacts, these will remain exclusive ownership of ApiShare, including all related intellectual property rights, all related rights and economic rights. 4.3 ApiShare may place effective technological protection measures on the Platform, including "Digital Right Management" ("DRM"), to be understood as including, by way of example, but not limited to, all technologies, devices or components which, in normal during their operation, they are intended to prevent or limit acts not authorized by ApiShare. ApiShare may also include electronic information on the rights regime existing on ApiShare. The measures thus imposed may take effect without any notice to the Customer. 4.4 Any form of distribution or disclosure to third parties of the Software and the Platform is expressly precluded, including, but not limited to, leasing. 5. SERVICES INCLUDED IN THE LICENSE (“SERVICES”) 5.1 ApiShare will also carry out the Adoption and Maintenance Services within the scope of this Agreement, which can preferably be provided remotely unless otherwise agreed between the Parties and possibly indicated in the Services Form - Attachment C. 5.2 To this end, the Customer undertakes to provide ApiShare with all the means necessary to carry out the Services, providing, by way of example, but not limited to, VPN connections, technical users, etc. 5.3 The provision of the Services is carried out exclusively to the Customer upon payment of the expected fees and according to the methods indicated in the Services Form - Attachment C. 5.4 ApiShare and the Customer will cooperate in good faith for the best performance of the Services, providing each other with all the information and specifications necessary for their correct execution. 5.5 Any activities necessary for the performance of the Services by the Customer, such as, by way of example, but not limited to, the configuration of the DNS, will be considered the exclusive responsibility of the Customer. 5.6 For the purposes of interoperability, ApiShare undertakes to share the specifications of the Software with the Customer; Likewise, the Customer is required to keep its systems interoperable with the Software as required by ApiShare. ApiShare cannot be held liable in any case for any lack of interoperability of the Software with the Customer's information systems. 5.7 The Customer is also perfectly aware that the installation and configuration of the Software settings, as well as the possible integration of the same with its information systems could lead to periods of inactivity of its systems and/or Software, of which ApiShare will not be able to be held accountable in any way. 5.8 The Customer declares and guarantees that it has correctly back-up the information stored within its hardware and information systems, before the performance of the Services by ApiShare. Under no circumstances will ApiShare be liable for any loss and/or deletion and/or destruction of data and information stored therein. 5.9 The Adoption Services included in this Agreement are indicated in the Services Form attached hereto. 5.10 During the performance of the Adoption Services, ApiShare will progressively issue the Customer with the documents as indicated in the Services Form - Attachment C. 5.11 Working hours and days. The Maintenance Services will be deemed to be provided by ApiShare from Monday to Friday, except local or national holidays, from 9:00 to 18:00 CET. Any Maintenance Services provided outside of these days and times will be subject to separate pricing and invoicing. It is understood that any delay in carrying out the Maintenance Services will be considered excluded from the calculation of the times provided in the Services Form - Attachment C, and cannot, in any way, be charged to ApiShare. 5.12 The Customer's request for intervention must be communicated in writing, with an email to support@apishare.cloud. In the communication, the Customer will be required to indicate the reasons for the request to be able to determine the level of criticality and allow ApiShare to respect the deadlines for taking charge and the time necessary to complete the request. 5.13 If ApiShare, following an initial analysis, assesses that the hours foreseen in the Services Module – Attachment C for the performance of the Maintenance Service are not sufficient, it will promptly communicate to the Customer the additional hours necessary for the performance of the Service itself, to minimize any further problems. 5.14 For each intervention, ApiShare will share with the Customer any requests regarding system requirements, hardware and/or software technical specifications, as well as any further information and/or conditions necessary for carrying out the same. 5. 15 The Evolutionary and Corrective Maintenance Services referred to in the Agreement will be exclusively limited to the number of releases of new versions of the Software. Any releases and/or customized interventions of new versions of the Software will be subject to autonomous and separate contractual and economic conditions to be agreed between the Parties. 5.16 The Customer guarantees ApiShare access to its information systems necessary for the provision of Maintenance Services, by making ad hoc credentials available, with the necessary access and operating privileges. 6 AGREEMENT FEES AND BILLING POLICIES 6.1. The fees due to ApiShare under this Agreement are indicated in the Order Form - Attachment A. 6.2. Except as expressly provided otherwise in this Agreement or in the Order Form – Attachment A, fees are non-refundable, non-cancellable and are not subject to offset. All fees must be indicated and paid in the currency indicated in each Order Form. If any portion of the consideration remains unpaid on its due date, in addition to any other rights or remedies it may have under this Agreement or by law, (i) ApiShare reserves the right to suspend the SaaS Services after 7 (seven ) days from the date of sending the notice, until such amounts are paid in full, and (ii) such unpaid amounts may accumulate, at ApiShare's discretion, late payment interest calculated on the consumer price index published by ISTAT starting from the day following the expiry of the payment term and until the day of complete fulfillment. Furthermore, the Licensee will be responsible for all costs and expenses associated with the collection of such fees and interest, including legal fees. Suspension of SaaS Services pursuant to this section does not relieve Licensee from its fee obligations under this Agreement. 6.3 The Licensee may in no case deny or delay payments on the agreed deadlines or default on the obligations set out in the Agreement and the License by citing or raising any disputes relating to the correct fulfillment of the obligations by ApiShare set out in the Agreement itself, even in the event that there has been a timely and valid dispute by the Licensee. 6.4 In any case, the alleged failure by ApiShare to comply with the obligations indicated in the Agreement and in the License must be made known to ApiShare within 48 (forty-eight) hours of the relevant discovery. 7 DURATION AND RESOLUTION 7.1. The Agreement will be effective on the Effective Date and will remain in force for the period indicated in the Order Form – Attachment A. On the expiration date it will be renewed for an equal period, unless the Licensee communicates to one of the Parties, in writing notice of notice 30 (thirty) days before the expected expiry date. 7.2. ApiShare will have the right to terminate this Agreement pursuant to art. 1456 of the Italian Civil Code, effective from the date of receipt of the communication from the counterparty, sent via PEC, reporting the Party's intention to withdraw following at least one of the following events (i) unauthorized use of the SaaS Service by Licensee that constitutes a violation of Articles 3 and 4 of the Agreement, or (ii) failure to pay fees by the Licensee, or (iii) use of the SaaS Services contrary to law. 7.3. ApiShare reserves the right to suspend provision of the SaaS Services if it determines that Licensee's use of the SaaS Services is causing harm to ApiShare or to the security, integrity or availability of the SaaS Services. ApiShare will endeavor to provide Licensee with an opportunity to cure any such breach or threat prior to such suspension. In the extraordinary event that ApiShare must suspend provision of the SaaS Services, ApiShare shall promptly notify Licensee of the suspension and the parties shall diligently attempt to resolve the problem. ApiShare shall not be liable to Licensee or any third party for any liability, claim or expense arising out of or relating to any suspension of the SaaS Services in accordance with this Section 7.3. Nothing in this Section 7 shall limit ApiShare's other rights under this Agreement. 8 WARRANTIES REMEDIES AND DISCLAIMERS 8.1. ApiShare warrants that during the Term the SaaS Services will be rendered in accordance with the provisions of this Agreement. As Licensee's sole remedy and ApiShare's sole liability for breach of the warranty set forth in this section (i) ApiShare will modify the non-conforming SaaS Services at no additional cost to Licensee, or (ii) in the event that ApiShare is unable capable of correcting such deficiencies after good faith efforts and within a technically reasonable time, Licensee will be permitted to terminate the applicable SaaS Services and ApiShare will refund Licensee a pro-rata portion of any previously paid fees attributable to the defective SaaS Services paid from Licensee to ApiShare from the date ApiShare received the notification provided in the following paragraph. 8.2 To receive warranty remedies, Licensee must promptly report nonconformities in writing to ApiShare within fifteen (15) days of the first date the nonconformity was identified by Licensee. The warranty set forth in this Section 8 will only be provided if the SaaS Services covered by it have been used in accordance with the Agreement and applicable law. 8.3 Except as expressly stated herein, ApiShare disclaims all warranties (and the customer hereby waives all such warranties), whether express or implied, including any warranties of satisfactory quality, fitness for a particular purpose, and/or non-infringement, and/or any warranty that the customer will obtain a specified return on investment or any warranty arising out of course of business or usage, and/or any warranty with respect to the security of the SaaS Services or that customer data will not be destroyed, lost, intercepted or modified by unauthorized persons. ApiShare does not warrant that the operation or other use of the Software and Platform or SaaS Services will be uninterrupted or error-free and will not cause damage or disruption to Customer's operations. 8.4 Any liability of ApiShare for direct and indirect damages of any nature that the Customer or third parties may suffer as a result of and as a consequence of this Agreement is expressly excluded, including those deriving from the use or non-use of the procedures or errors therein , or those without limitation, for loss or loss of earnings, stoppage of activity, economic or information losses, as well as for malfunctions or defects relating to or caused by the IT environments or operating systems on which the programs operate. 9 SECURITY 9.1 The Customer is responsible for any use of the SaaS Services via the credentials attributed to it. 9.2 The Customer undertakes to maintain the confidentiality of his account, credentials and passwords necessary to access the reserved area on the Site and use the SaaS Services. 9.3 The Customer undertakes to communicate to ApiShare any case, even suspected, of illicit unauthorized use of the Platform. If the Customer believes that there has been unauthorized access to the Account, or an illicit use of credentials and passwords, the Customer is required to promptly notify ApiShare, at the latest within 24 (twenty-four) hours from discovery of the violation via PEC at the address: apishare@pec.cloud. 9.4 ApiShare will maintain administrative, physical and technical safeguards designed to protect the security and confidentiality of Licensee Data, including measures designed to prevent unauthorized access, use, modification or disclosure of any Licensee Data. 10 MINIMUM PRIVILEGE 10.1 The Platform will be used and operated by the Licensee in accordance with the principle of minimum privilege. 11 CONFIDENTIALITY 11.1 ApiShare may communicate to the Customer and the Customer may communicate to ApiShare any Confidential Information concerning both Parties. The Parties recognize that such information is confidential and secret and of exclusive property and undertake to treat it as provided herein. 11.2 Confidential Information must not be revealed to other parties, published, communicated or disseminated in any way. All information and materials, inherent to the activity of the Parties, which have or could have commercial value or other utility - including but not limited to software, technologies, data, know-how, the Economic Offer - will be considered confidential. , negotiations and communications between the Parties - as well as information whose unauthorized dissemination could be prejudicial to their respective interests. 11.3 The information indicated as "public" may be known, made available, published, communicated and disseminated between third parties. The Parties, at their discretion, at any time and by any means may indicate what the level of secrecy of the information shared should be. 11.4 The obligations referred to in this clause must be respected for the entire validity of the license and for a further period, as long as it allows the secrecy of the Confidential Information itself. 12 PERSONAL DATA PROTECTION 12.1 The Parties acknowledge that any decision regarding the purposes, methods of processing of personal data processed in the execution of the Agreement, the License and the tools used, including the security profile, is the exclusive responsibility of the Customer, “Data Controller”. The Parties mutually acknowledge that ApiShare will be appointed "Data Controller". 12.2 The processing activities for the Customer will have a duration equal to the License. 12.3 ApiShare will also: (i) ensure that the persons authorized and responsible for processing personal data are bound to confidentiality in relation to the data processed. (ii) offer the Customer, through adequate technical and organizational measures, every support in order to allow them to satisfy the obligation to follow up on requests for the exercise of the data subject's rights. (iii) provide, upon request, any descriptive documentation of the technologies used. (iv) assist the Customer, taking into account the nature of the processing and the information at their disposal, in order to allow them the possibility of adopting security measures, carrying out impact assessments on data protection, consulting the supervisory authority. (v) make available to the Customer all the information necessary to demonstrate compliance with legal obligations regarding the processing of personal data. (vi) immediately inform the Customer if, in their opinion, an instruction violates any law relating to data protection. 12.4 ApiShare will adopt appropriate technical and organizational measures in order to guarantee the protection of personal data processed in fulfillment of the License. These measures guarantee, taking into account current knowledge on the subject and the costs of application, implementation, as well as the nature, object, context and purposes of the processing, as well as the risk of probability and severity for the rights and freedom of natural persons, an adequate level of security with respect to the risks presented by the processing and the nature of the data to be protected; ApiShare will take particular account of the risks presented by the processing which arise in particular from the destruction, loss, modification, unauthorized disclosure or access, in an accidental or unlawful manner, to personal data transmitted, stored or otherwise treated. 12.5 ApiShare, where possible, will adopt adequate technical and organizational measures to guarantee the pseudonymisation and encryption of personal data, the ability to ensure on a permanent basis the confidentiality, integrity, availability and resilience of the systems and services processing, the ability to promptly restore the availability and access of personal data in the event of a physical or technical incident, procedures to regularly test, verify and evaluate the effectiveness of technical and organizational measures in order to guarantee the security of processing. 12.6 ApiShare will inform the Customer in any case of destruction or loss of personal data of third parties owned by the Customer of unauthorized access or unauthorized or non-compliant processing, within 48 (forty-eight) hours from the time of the relevant discovered, through a communication to be sent by certified email to the Customer's address communicated by the latter to ApiShare at the conclusion of the Agreement. It is the Customer's responsibility to communicate to ApiShare any change in the aforementioned PEC. 13 PROHIBITION OF TRANSFER 13.1 Neither Party may assign, transfer or submit the Agreement to third parties, in whole or in part, without the prior written authorization of the other Party. 14 APPLICABLE LAW AND JURISDICTION 14.1 ApiShare agrees that the Agreement and the License will be governed by Italian law. 14.2 For any dispute arising, directly or indirectly, in relation to the Agreement and the License, the Parties indicate the Court of Milan as the exclusively competent court. 15 INTERPRETATION 15.1 The Agreement cancels and replaces any previous agreements relating to the Services and the ApiShare License. 15.2 If by law and/or intervention by the Public Authority the nullity and/or invalidity of some of the clauses of the Agreement is declared, the remaining clauses will nevertheless be considered valid and effective. 15.3 Any and all modifications, variations, alterations, deletions and/or additions to the Agreement will be considered ineffective and will not be enforceable against the Customer unless expressly approved in writing by the latter. 15.4 When interpreting the Agreement, it is necessary to investigate what the common intention of the Parties was, to be evaluated according to the behavior adopted in the execution and what was reported in the communications that occurred within the official communication channels set up for this purpose. When in doubt, individual contractual clauses must be interpreted in the sense in which they can have some effect, rather than in the sense that they would have none; any ambiguous clauses are interpreted according to what is generally practiced in the commercial sector of ApiShare. 15.5 The provisions of the Agreement cannot be interpreted so as to allow their application to unduly prejudice the intellectual property rights of ApiShare or lead to a conflict with the normal exploitation of the Platform. 15.6 Except as more specifically or otherwise provided in the Attachments, in the event of any conflict between the Attachments and the Agreement, the Agreement shall prevail. 16 INDEPENDENT AUTHORITIES, NIS COOPERATION 16.1 The Customer undertakes to communicate any subjection to any applicable law relating to the obligations deriving from the application of Directive (EU) 2016/1148 (“NIS Directive”) as well as the Italian cyber security perimeter (“Security Perimeter”), pursuant to the regulations listed below and subsequent amendments: Legislative Decree. n. 65 of 18 May 2018, Legislative Decree. n. 105 of 2019, Legislative Decree n. 162 of 2019, Prime Ministerial Decree n. 131 of 30 July 2020, Prime Ministerial Decree. n. 81 of 14 April 2021, Legislative Decree. n. 82 of 14 June 2021. 16.2 ApiShare, in compliance with the NIS Directive, as well as the applicable Italian law, undertakes to respect the indications provided by the competent national authorities, contact points, and computer security incident response teams (“CSIRTs”), in relation to each request intervention following which any event with a real detrimental effect on the security of the network and information systems occurred. 16.3 ApiShare undertakes to collaborate with any independent authority ("Independent Authority") that makes specific requests in relation to ApiShare and/or the Services provided pursuant to the Agreement. Without prejudice to any legal limits, ApiShare will inform the Customer of the relevant request and the information provided. 16.4 The Parties recognize and agree that ApiShare, the related copyrights as well as the related intellectual and industrial property rights, are the exclusive property of ApiShare, even if created by the latter through employees and/or collaborators. In any case, without prejudice to the licenses of FLOSS Software integrated, in whole or in part, into ApiShare. In the event of specific requests from the competent national authorities having the character of necessity, in compliance with the regulations referred to in the previous point 35.1., ApiShare may make the source code of the Software available to them. 17 GENERAL PROVISIONS 17.1. Communications. Except as expressly permitted in this Agreement, communications under this Agreement shall be made by email to the following addresses: ApiShare: apishare@pec.cloud Licensee: as indicated in the Order Form – Attachment A. 17.2. Force Majeure Event. Neither party shall be liable to the other for any delay or failure to perform hereunder due to circumstances beyond such party's reasonable control, acts of government, cyber-attacks, hacking, or acts of terrorism, service interruptions that involve hardware, software or power systems not in the party's possession or reasonable control (a "Force Majeure Event"). Notwithstanding the foregoing, Licensee will remain responsible for the timely payment of all amounts due under the applicable Order Form – Attachment A, notwithstanding the occurrence or persistence of a Force Majeure Event. 17.3. Entire Agreement. This Agreement together with the documents incorporated herein by reference contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written communications, representations, understandings and agreements of the parties regarding the subject matter of this Agreement. No term, provision or condition contained in any purchase order, sales confirmation or other business form which either party may use in connection with the transactions contemplated by this Agreement shall affect the rights or obligations of the parties under, or otherwise modify this Agreement. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties. Any failure to enforce any provision of this Agreement shall not constitute a waiver of it or any other provision, and a waiver of any breach of this Agreement shall not constitute a waiver of any subsequent breach. 17.4. Advertising. During the term of this Agreement, ApiShare may include Licensee's name and logo in its customer lists, including on its website or at other public events open to the public. 17.5. Anti-Corruption. Neither party has received or been offered any illegal or inappropriate bribe, bribe, payment, gift or thing of value by an employee or agent of the other party in connection with this Agreement. If either party becomes aware of any violation of the foregoing restriction, that party will use reasonable efforts to promptly notify the other party. 17.6. Interpretation. For purposes of interpreting this Agreement, (a) unless the context otherwise requires, the singular includes the plural and the plural includes the singular; (b) unless specifically stated otherwise, the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any section or paragraph particular; (c) the words “include” and “including” will not be construed as terms of limitation, and will therefore mean “including but not limited to” and “including without limitation”; (d) unless otherwise specifically stated, the words “written” or “in written form” mean stored or presented in retrievable or reproducible form, whether electronic (including email but excluding voicemail) or hard copy ; and (e) the section and paragraph titles and headings used in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement.