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END USER POLICY

This End User Policy (“EUP”) sets out the terms under which Customers and respective authorized Users may use Witboost platform and related services (“Solution” and/or “Services”).

By using or accessing Solution or Services, Customers and Users agree to be bound by the EUP terms. Agile Lab S.r.l. (the “Company”) reserves the right to amend this EUP from time to time.

USE OF THE SOLUTION AND SERVICES

The Customer and its respective Users shall not attempt to access any of the Company’s other systems, programs or data that are not made available for public use in connection with Solution or Services. The Customer is entitled to access and use only those modules and software applications of the Company that are expressly listed on an existing and enforceable commercial agreement.

The Customer is responsible for all activities conducted under User logins and for User compliance with this EUP. Unauthorized use, resale or commercial exploitation of Solution, Services or Company Materials in any way is expressly prohibited.

The Customer shall take all measures necessary to ensure compliance by all Users authorized to access Solution or Services.

The Customer shall not impersonate another user or provide false identity information to gain access to or use of Solution or Services.

RESTRICTIONS

The Customer shall not create Internet links to the Solution or Services or mirror any content contained in, or accessible from, the Solution or Services on any other server, wireless, or Internet based device.

The Customer shall not use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Solution or Services.

The Customer shall not download, upload, publish, display or transmit via the Services any content that the Company reasonably believes: (i) constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant; (ii) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) is defamatory or violates a person’s privacy; (v) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a law enforcement investigation; (vi) improperly exposes trade secrets or other confidential or proprietary information of another person; (vii) is intended to assist others in defeating technical copyright protections; (viii) clearly infringes another person’s trade or service mark, patent, or other intellectual property right; (ix) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (x) is discriminatory in any way, including by way of sex, race, or age discrimination; (xi) is otherwise illegal or solicits illegal conduct under laws applicable to the Company or Customer; or (xii) is otherwise malicious, fraudulent, or may to result in retaliation against the Company by offended viewers.

The Customer shall not use the Services to: engage in illegal, abusive, or irresponsible behaviour, including: (i) unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network; (ii) monitoring data or traffic on any network or system without the authorisation of the owner of the system or network; (iii) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; (iv) use of an Internet account or computer without the owner’s authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; (v) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; or (vi) any activity or conduct that is likely to result in retaliation against the Services.

REPORTING A BREACH

The Customer will report to the Company promptly upon becoming aware of and use reasonable efforts to stop immediately any copying or distribution of Company Materials that is known or suspected by Customer or its Occupiers.

LIABILITY FOR USERS

The Customer shall be liable for any breach of this EUP by any respective User. In addition to the Company’s other remedies hereunder, the Company reserves the right upon giving notice to Customer to terminate any User’s right to access the Solution or Services if such User has breached any of the restrictions contained in this EUP.

USERS

The Customer shall authorize access to and assign unique passwords to the number of Users purchased by Customer and set out in the commercial agreement. User logins are for designated Users and cannot be shared or used by more than one User, but any User login may be reassigned to another User as needed. The Customer is responsible for confidentiality and use of User’s passwords. The Customer agrees to immediately notify the Company if Customer becomes aware of any loss or theft or unauthorized use of any of Customer’s passwords or accounts, or any other known or suspected security breach.

MODIFICATIONS

The Company may make modifications to Solution or Services or particular components of Solution or Services from time to time provided such modifications do not materially degrade any functionality or features of Solution or Services and the Company will use commercially reasonable efforts to notify Customer of any material modifications.

MONITORING OF CONTENT

The Company does not monitor, verify, warrant, or vouch for the accuracy or quality of the information that Users may acquire over the Internet when using Solution or Services. For this reason, Users must exercise their best judgment in relying on information obtained from the Internet. Because the Company does not monitor or censor the Internet, and will not attempt to do so, the Company cannot accept any responsibility for injury to its Users resulting from inaccurate, unsuitable, offensive, or illegal Internet communications. The Company does not review, edit, censor, or take responsibility for any information its Users may create on the Internet. While the Company does not control or monitor online communications content, the Company may block access to content it deems to be in breach of this EUP or that it otherwise deems to be unlawful, harmful or offensive, in its reasonable discretion.

MONITORING OF EMAILS

The Company will not intentionally monitor private electronic mail messages sent or received by Customers unless required to do so by law, governmental authority, or when public safety is at stake. The Company may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Use of Solution or Services by Customers or Users constitutes Customer’s and/or User’s authorization to the Company to monitor the Services or Solution consistent with the foregoing sentence.

DISCLOSURE OF CONTENT

The Company will cooperate with appropriate law enforcement agencies to investigate illegal or inappropriate activity claims. The Company may disclose information, including but not limited to, information concerning a Customer or User, a transmission made using Solution or Services, or a web site, to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. The Company assumes no obligation to inform Customer or User that User-specific information has been provided to any person or entity. The Company may disclose User information or information transmitted via Solution or Services where necessary to protect the Company and others from harm, or where such disclosure is necessary for proper system operation.

REDUCTION IN BANDWIDTH.

If a Customer overloads the network (for example by using peer to peer or file sharing software, or through being the target of a denial of service attack), the Company reserves the right to manage the Customer’s bandwidth (which could result in reduced service speeds).

CONTACT

Please contact dpo@agilelab.it or info@agilelab.it for any additional information and need.

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