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DocuSign Envelope ID: F0136F06-FF73-4038-BOE1-FD6CE05477F4
<br />intellectual property rights therein. Nothing in this Agreement or any of the Documentation shall be considered an
<br />assignment or other transfer of ownership in and to the Wasabi Technology or Wasabi Content to you, either
<br />expressly, or by implication, estoppel, or otherwise. Other than the authorizations or licenses as may be conferred or
<br />granted by us to you in this Agreement or any of the Documentation, Wasabi reserves all right, title and interest in and
<br />to the Wasabi Technology and Wasabi Content. No right or license is granted by us to you or your Authorized Users
<br />to use any Wasabi trademark, trade name, service mark, product name or other source designator.
<br />Subject to the terms of this Agreement, you are hereby granted a limited, revocable, non-exclusive, non-sublicensable,
<br />non-transferrable license to do the following: (a) access and use the Wasabi Service solely in accordance with this
<br />Agreement; and (b) copy and use the Wasabi Content solely in connection with your permitted use of the Wasabi
<br />Service. Except as provided in this Section 6.1, you obtain no rights under this Agreement from us, our Affiliates or
<br />our licensors to the Wasabi Service, including any related intellectual property rights. Some Wasabi Content and
<br />Third -Party Content may be provided to you under a separate license, such as the Apache License, Version 2.0, or
<br />other open source license. In the event of a conflict between this Agreement and any separate license, the separate
<br />license will prevail with respect to the Wasabi Content or Third -Party Content that is the subject of such separate
<br />license.
<br />6.2 Ongoing Development. Wasabi may develop and provide ongoing innovation to the Wasabi Service, including
<br />new features, functionality, and efficiencies. In the event Wasabi adds new features or functionality (collectively,
<br />"New Features") to the Wasabi Service, Wasabi may offer the New Features to you at no additional charge or, if
<br />Wasabi generally charges customers for such fimctionality, Wasabi may condition your use of the New Features on
<br />the payment of additional Fees.
<br />6.3 Feedback. Notwithstanding anything to the contrary in this Agreement, you hereby agree that all intellectual
<br />property rights in the Feedback, and all other ownership in any ideas, modifications, enhancements, improvements, or
<br />any other suggestion specifically relating to the Wasabi Service, are hereby assigned to Wasabi and shall be the sole
<br />and exclusive property of Wasabi. All Feedback shall be treated as Wasabi's Confidential Information. Without
<br />limiting the generality of the foregoing, you agree that your provision of Feedback does not give you any intellectual
<br />property or any other right, title, or interest in or to any aspects of the Wasabi Service, even if such Feedback leads to
<br />the creation of a new product or service by Wasabi, or New Features. "Feedback" means any suggestions,
<br />enhancement requests, recommendations, corrections or other feedback provided by you, your affiliates, and/or
<br />Authorized Users relating to the features or operation of the Wasabi Service and Documentation.
<br />6A Confidentiality. Either party may, from time to time, deliver to the other certain non-public information including
<br />formulas, flow charts, diagnostic routines, business information, forecasts, financial plans and data, balance sheet
<br />information, customer information, marketing plans, hardware, software and unannounced product information
<br />("Confidential Information"), Confidential Information shall also include the Wasabi Content and Your Content, and
<br />any other information disclosed by a party to the other party, in whatever form, including visually and orally, and
<br />designated in writing as proprietary or confidential, or which — to a reasonable person familiar with the disclosing
<br />party's business and the industry in which it operates — is of a proprietary or confidential nature. During the term of
<br />this Agreement and following three (3) years after its termination, each party will not disclose any such Confidential
<br />Information except as set forth herein, The receiving party shall hold hi confidence, and shall not disclose (or permit
<br />or suffer its personnel to disclose) any Confidential Information to any person or entity except to a director, officer,
<br />employee, outside consultant, or advisor (collectively "Representatives") who have a need to know such Confidential
<br />Information in the course of the performance of their duties for the receiving party and who are bound by a duty of
<br />confidentiality no less protective of the disclosing party's Confidential Information than this Agreement. The
<br />receiving party and its Representatives shall use such Confidential Information only for the purpose for which it was
<br />disclosed and shall not use or exploit such Confidential Information for the benefit of another without the prior written
<br />consent of the disclosing party. Each party accepts responsibility for the actions of its Representatives and shall
<br />protect the other party's Confidential Information in the same manner as it protects its own valuable confidential
<br />information, but in no event, shall less than reasonable care be used. The parties expressly agree that the terms of this
<br />Agreement are Confidential Information and you further agree that it shall not use the Wasabi Service for the purposes
<br />of conducting comparative analysis, evaluations or product benchmarks with respect to the services and will not
<br />publicly post any analysis or reviews of the services without Wasabi's prior written approval. A receiving party shall
<br />promptly notify the disclosing Party upon becoming aware of a breach or threatened breach hereunder and shall
<br />cooperate with any reasonable request of the disclosing party in enforcing its rights
<br />Information will not be deemed Confidential Information hereunder if such information: (i) is known prior to receipt
<br />from the disclosing party, without any obligation of confidentiality; (ii) becomes known to the receiving party directly
<br />or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes
<br />publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) is independently
<br />July 2021
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