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DocuSign Envelope ID: F0136F06-FF73-4038-BOE1-FD6CE05477F4
<br />12.6 Trade Compliance, In connection with this Agreement, each party will comply with all applicable import, re-
<br />import, sanctions, anti -boycott, export, and re-export control laws and regulations. For clarity, you are solely
<br />responsible for compliance related to the mariner in which you choose to use the Wasabi Service, including your
<br />transfer and processing of Your Content, the provision of Your Content to Authorized Users, and the Wasabi region in
<br />which any of the foregoing occur. You represent and warrant that you and your financial institutions, or any party that
<br />owns or controls you or your financial institutions, are not subject to sanctions or otherwise designated on any list of
<br />prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security
<br />Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the
<br />U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its
<br />Member States, or other applicable government authority.
<br />12.7 Independent Contractors; Non -Exclusive Rights. Both parties are independent contractors, and this Agreement
<br />will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any
<br />of their respective Affiliates is an agent of the other for any purpose or has the authority to bind the other. Both parties
<br />reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are
<br />similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the
<br />other party, and (b) to assist third party developers or systems integrators who may offer products or services which
<br />compete with the other party's products or services.
<br />12.8 Language. All communications and notices made or given pursuant to this Agreement must be in the English
<br />language. If we provide a translation of the English language version of this Agreement, the English language version
<br />of the Agreement will control if there is any conflict.
<br />12.9 Confidentiality and Publicity. You may use Wasabi Confidential Information only in connection with your use of
<br />the Wasabi Service as permitted under this Agreement. You will not disclose Wasabi Confidential Information during
<br />the Term or at any time during the 5-year period following the end of the Term. You will take all reasonable measures
<br />to avoid disclosure, dissemination or unauthorized use of Wasabi Confidential Information, including, at a minimum,
<br />those measures you take to protect your own confidential information of a similar nature. You will not issue any press
<br />release or make any other public communication with respect to this Agreement or your use of the Wasabi Service.
<br />12.10 Notice.
<br />(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Wasabi website;
<br />or (ii) sending a message to the email address then associated with your account; or, in the case of legal notices, (ii) by
<br />personal delivery, overnight courier or registered or certified mail to Customer.
<br />(b) To Us. To give us notice under this Agreement, you must contact Wasabi as follows: (i) by email transmission to
<br />support@wasabi.com; or (ii) by personal delivery, overnight courier or registered or certified mail to either Wasabi
<br />Technologies LLC, the attention of General Counsel and CFO. Notices provided by personal delivery will be effective
<br />immediately. Notices provided by email transmission or overnight courier will be effective one (1) business day after
<br />they are sent. Notices provided registered or certified mail will be effective three (3) business days after they are sent.
<br />12.12 No Third -Party Beneficiaries. This Agreement does not create any third -party beneficiary rights in any
<br />individual or entity that is not a party to this Agreement.
<br />12.13 No Waivers. The failure by either party to enforce any provision of this Agreement will not constitute a present
<br />or future waiver of such provision nor limit a party's right to enforce such provision at a later time. All waivers by a
<br />party must be in writing to be effective,
<br />12.14 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of
<br />this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect
<br />and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be
<br />severed from this Agreement, but the rest of the Agreement will remain in fall force and effect.
<br />12.15 Marketing. Each party may use the other party's name, trade name, trademarks, icons, and logos (collectively,
<br />the `Brands") to refer publicly to the other, orally and in writing, as a customer/vendor of the other solely in
<br />connection with the Wasabi Service and only during the Term. Any other use of a party's Brands requires such parry's
<br />prior written consent.
<br />13. Export Controls. Your use of the Wasabi Service is subject to compliance with United States and other applicable
<br />export control and trade sanctions laws, rules and regulations (collectively, "Export Control Laws"). You will not
<br />export, reexport, download or otherwise transmit the Wasabi Service, or technical data relating thereto, in violation of
<br />any applicable Export Control Laws. In particular, you acknowledge that the Wasabi Services, or any part thereof,
<br />may not be exported, transmitted, or re-exported to, or otherwise used in: (a) any country subject to a U.S. embargo or
<br />July 2021
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