Common use of SUPPLY OF THE PRODUCTS Clause in Contracts

SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorised partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit to monitor Actual Pageview Data and/or Actual Transaction Data (as applicable) for the purpose of calculating the Subscription Fees; (b) provide Qubit with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit as modified or amended. Although Qubit has no obligation to monitor Customer’s use of the Products, Qubit may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by Qubit, including, but not limited to the success of such Product. 2.4 This Agreement shall not prevent Qubit from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to Qubit. Qubit makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorised authorized partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit to monitor Actual Pageview Data and/or Actual Transaction Data (as applicable) for the purpose of calculating the Subscription Fees; (b) provide Qubit with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit as modified or amended. Although Qubit has no obligation to monitor Customer’s use of the Products, Qubit may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by Qubit, including, but not limited to the success of such Product.apply 2.4 This Agreement shall not prevent Qubit from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to Qubit. Qubit makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorised authorized partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit to monitor Actual Pageview Data and/or Actual Transaction Data (as applicable) for the purpose of calculating the Subscription Fees; (b) provide Qubit with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit as modified or amended. Although Qubit has no obligation to monitor Customer’s use of the Products, Qubit may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by Qubit, including, but not limited to the success of such Product. 2.4 This Agreement shall not prevent Qubit from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to Qubit. Qubit makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorised authorized partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit to monitor Actual Pageview Data and/or Actual Transaction Data (as applicable) Pageviews for the purpose of calculating the Subscription Fees; (b) provide Qubit with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit as modified or amended. Although Qubit has no obligation to monitor Customer’s use of the Products, Qubit may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by Qubit, including, but not limited to the success of such Product. 2.4 This Agreement shall not prevent Qubit from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to Qubit. Qubit makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorised partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit to monitor Actual Pageview Data and/or Actual Transaction Data (as applicable) for the purpose of calculating the Subscription Fees; (b) provide Qubit with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit as modified or amended. Although Qubit has no obligation to monitor Customer’s use of the Products, Qubit may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by Qubit, including, but not limited to the success of such Product.such 2.4 This Agreement shall not prevent Qubit from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to Qubit. Qubit makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorised Authorised partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit to monitor Actual Pageview Data and/or Actual Transaction Data (as applicable) Pageviews for the purpose of calculating the Subscription Fees; (b) provide Qubit with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit as modified or amended. Although Qubit has no obligation to monitor Customer’s use of the Products, Qubit may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by Qubit, including, but not limited to the success of such Product.apply 2.4 This Agreement shall not prevent Qubit from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement :xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to Qubit. Qubit makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorised authorized partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit to monitor Actual Pageview Data and/or Actual Transaction Data (as applicable) Pageviews for the purpose of calculating the Subscription Fees; (b) provide Qubit with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit as modified or amended. Although Qubit has no obligation to monitor Customer’s use of the Products, Qubit may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by Qubit, including, but not limited to the success of such Product.construed 2.4 This Agreement shall not prevent Qubit from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement, which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to Qubit. Qubit makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

SUPPLY OF THE PRODUCTS. 2.1 Qubit shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to Qubit’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit or Qubit's duly authorised partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit to monitor Actual Pageview Data and/or Actual Transaction Data (as applicable) Pageviews for the purpose of calculating the Subscription Fees; (b) provide Qubit with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit as modified or amended. Although Qubit has no obligation to monitor Customer’s use of the Products, Qubit may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by Qubit, including, but not limited to the success of such Product. 2.4 This Agreement shall not prevent Qubit from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to Qubit. Qubit makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

SUPPLY OF THE PRODUCTS. 2.1 Qubit Comfolks shall, during the Subscription Term, supply the Products on and subject to the terms of this Agreement. Qubit Comfolks undertakes that the Products will be supplied with reasonable and professional skill and care and in accordance with the SLA and Privacy Policy, provided that such undertaking shall not apply to the extent of any non-conformance that is caused by use of the Products contrary to QubitComfolks’s instructions, written or oral, or any modification or alteration of the Products or Script by a party other than Qubit Comfolks or QubitComfolks's duly authorised partners, contractors or agents. The Products are provided “as-is” subject to reasonable defect. 2.2 Customer shall (a) permit, assist and cooperate with Qubit Comfolks to monitor Actual Pageview Advertising Spend and Actual Unique Visitors Data and/or Actual Transaction Data (as applicable) for the purpose of calculating the Subscription Fees; (b) provide Qubit Comfolks with: (i) all necessary cooperation in relation to this Agreement; and (ii) all necessary access to such information as may be required in order to render and receive the Products, including access to Customer Data, security access information and configuration settings and services; (c) comply with all applicable laws and regulations of any government agency with respect to its activities under this Agreement; (d) carry out all of its responsibilities set forth in this Agreement in a timely and efficient manner. If there are delays in Customer's provision of any assistance or information as agreed by the parties, Qubit Comfolks may adjust any agreed upon timetable or delivery schedule as reasonably necessary to compensate for such delay; and (e) be solely responsible for: (i) procuring and maintaining Customer’s computer devices, network connections and telecommunications links, and the security thereof; (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Customer’s own network connections or telecommunications links or caused by the internet; and (iii) all uses of Customer’s account. Customer agrees to ensure that its network and systems (including its internet browser) comply with the specifications provided by Qubit Comfolks as modified or amended. Although Qubit Comfolks has no obligation to monitor Customer’s use of the Products, Qubit Comfolks may do so and may prohibit any use of the Products it believes may be (or is alleged to be) in violation of this Agreement. 2.3 Customer agrees that Qubit Comfolks is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Customer acknowledges that the Products may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Other than as expressly provided in these Terms and conditions and the SLA, no implied conditions, warranties or other terms apply (including any implied warranties or terms as to Customer's use of the Products being uninterrupted or error-free or fitness for a particular purpose). Customer acknowledges, agrees and understands that nothing herein shall be construed as, or considered a guaranty of performance of the Products by QubitComfolks, including, but not limited to the success of such Product. 2.4 This Agreement shall not prevent Qubit Comfolks from entering into similar agreements with any third parties, or from independently developing, using, selling or licensing documentation, products and/or services that are similar to those provided under this Agreement. 2.5 During the Subscription Term, Qubit may allow Customer to test one or more new Qubit products that have not yet been released to the public (each such event a "Usability Study"). The purpose of a Usability Study is to test and study the usability of one or more pre-release products being developed by Qubit which Qubit may agree to make available to Customer for such purposes (together the “Test Products”). Any such Test Products shall be made available to Customer through the Qubit online user interface and shall be clearly labelled as Test Products. Customer acknowledges and agrees that its use of the Test Products shall be governed by the terms and conditions of the Qubit Trusted Tester Agreement available from time to time at: xxxx://xxx.xxxxx.xxx/legal/trusted-tester-agreement which is incorporated herein by reference. 2.6 Customer acknowledges that the Products may enable or assist it to access, interact with, and/or purchase products, technology and/or services from certain third parties (each a “Third-Party Product”). When Customer accesses any Third-Party Product, it does so at its own risk. Any use of a Third-Party Products is subject solely to the terms and conditions governing such Third-Party Products (and Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between Customer and the relevant third party, and not to QubitComfolks. Qubit Comfolks makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product or any contract entered into and any transactions completed by Customer with any such third party. Customer acknowledges that use of the Third-Party Products may involve the exchange of Customer Data between the Products and such Third-Party Products, and that such exchange of Customer Data may involve a transfer of personal data outside the European Economic Area. Customer hereby consents to such exchange of Customer Data and warrants that such exchange complies with the terms of all applicable laws. Further, Customer acknowledges and agrees that, if Customer or an Authorized User installs or enables a Third-Party Product, Customer grants Qubit Comfolks permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with the Products or as Customer may otherwise authorize or direct. Without limiting the generality of the foregoing, if Customer subscribes in a Sales Order Form to any Third-Party Product, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.