This Platform as a Service License Agreement is made on (the “Effective Date”) between WEM APAC (Asia Pacific HQ, shareholder, Advisory board member and the official Representative for ZoomBIM Solutions B.V) located at 882/585 Little Collins Street, Melbourne VIC 3000, Australia (the “Partner”) and “Customer” and ZoomBIM Solutions B.V. located in Hogehilweg
24, 1101 CD Amsterdam (the “Supplier”).

WEM APAC, based out of Australia, is the Asia pacific official representative and Asia Pacific HQ, of ZoomBIM Solutions B.V

Definitions
Administrator User means each Customer employee or authorised contractor designated by Customer to serve as technical administrator of the PaaS Services on Customer’s behalf. Each Administrator User must complete training and qualification requirements reasonably required by Supplier or Partner.
Authorized Users means any employee or authorised contractor of Customer who has registered an account with my.wem.io under a Sprout or associated company email address.
Business Day means a day other than a Saturday, a Sunday, or any other day marked as a Public Holiday in the Local country of the Parties including ZOOMBIM (The Netherlands). Customer Content means all data and materials provided by Customer to Partner and supplier for use in connection with the PaaS Services, including, without limitation, customer applications, data files, and graphics.
Documentation means the user guides, online help, release notes, training materials and other documentation provided or made available by Partner and supplier to Customer regarding the use or operation of the PaaS Services.

Platform/Software means the code version of any Platform or Software to which Customer is provided access as part of the Platform service, including any updates or new versions. PaaS Services refer to the specific WEM modeler Platform internet-accessible service identified in Schedule A that provides use of WEM’s Platform no code application development and deployment
Platform that is hosted by Supplier or its services providers and made available to Customer over a network on a term-use basis.
WEM Project means a software application built with the WEM Platform by the Partner for use by the Customer.

1. Grant of License to Access and Use of Service.
1.1 During the Subscription Term, Supplier hereby grants to Customer, including to all Customer’s Authorized Users a non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide license to access and use the WEM Platform (the “Service”) for developing applications on the WEM Platform, and/or WEM Project(s) (the “Project”). The grant of license to access and use the Service and Project includes the development, staging and live environments of the WEM Platform in which he applications shall be executed and used for the Customer’s business operations, both internal and for its customer related services (the “DELIVERABLE”), according to Supplier’s Terms of Use listed on the WEM.io website ( https://wem.io/terms-of-use/) and according to the Terms of this
agreement.

1.2 Customer acknowledges that this Agreement is a Platform services agreement and Supplier will not be delivering copies of the Software to Customer as part of the PaaS Services.

3. Orders and Payment
3.1 Orders. Customer shall order PaaS Services and is obliged to pay Partner the license fees and any other agreed fees including (but not limited to) Consultancy Fees, Support Fees, Development or Training Fees pursuant to Exhibit B – WEM Project and Services. All services acquired by Customer shall be governed exclusively by this PaaS Agreement and the applicable Schedule(s) in Exhibit B – WEM Project and Services. In the event of a conflict between the terms of the Schedule(s) and this
PaaS Agreement, the terms of the Schedule(s) shall take precedence.

4. Service Levels
4.1 The WEM Platform Service Level Agreement (the “SLA”) with a detailed description is set forth in Exhibit A hereto. The SLA sets forth Customer’s sole remedies for availability or quality of the PaaS Services including any failure to meet any guarantee set forth in the SLA. 4.2 In case Customer’s needs require an Advanced & Extended Platform service levels with additional contact methods and extended availability times, these are available at an additional extra charge, to be determined by Partner and supplier in a separate price quote.

5. Customer Obligations and Responsibilities
Customer shall:
5.1 Assistance. Customer shall provide commercially reasonable information and assistance to Partner and supplier to enable Supplier to deliver the PaaS Services. Upon request from Supplier, Customer shall promptly deliver Customer Content to Supplier in an electronic file format specified and accessible by Supplier. Customer acknowledges that Supplier’s ability to deliver the PaaS Services in the manner provided in this PaaS Agreement may depend upon the accuracy and timeliness of such information and assistance.
5.2 Compliance with Laws. Customer shall comply with all applicable local, international, national and foreign laws and Regulations applicable in connection with its use of the PaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. Customer acknowledges that Partner and supplier exercises no control over the content of the information transmitted by Customer or the authorized users through the PaaS Services. Customer shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.
5.3 Unauthorized Use; False Information. Customer shall: (a) notify Partner and supplier immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (b) report to Partner and supplier immediately and use reasonable efforts to top any unauthorized use of the PaaS Services that is known or suspected by Customer or anyauthorized user, and (c) not provide false identity information to gain access to or use the PaaS Services.
5.4 Administrator Access. Customer shall be solely responsible for the acts and omissions of its Authorized Users. Partner and supplier shall not be liable for any loss of data or functionality caused directly or indirectly by the Authorized Users.
5.5 Customer Input. Customer is solely responsible for collecting, inputting and updating all Customer Content stored on the Host, and for ensuring that the Customer Content does not: (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious. Customer shall: (i) notify Partner and supplier immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (ii) report to Partner and supplier immediately and use reasonable efforts to stop any unauthorized use of the Service that is known or suspected by Customer or any Identity Cube user, and (iii) not provide false identity information to gain access to or use the Service. 5.6 License from Customer. Subject to the terms and conditions of this PaaS Agreement, Customer shall grant to Partner and supplier a limited, non-exclusive and non-transferable
license, to copy, store, configure, perform, display and transmit Customer Content solely as necessary to provide the PaaS Services to Customer.

6. Restrictions
Customer shall not, and shall not permit anyone to:
(i) copy or republish the PaaS Services or Software
(ii) make the PaaS Services available to any person other than authorized users
(iii) use or access the PaaS Services to provide service bureau, time-sharing or other computer hosting services to third parties
(iv) modify or create derivative works based upon the PaaS Services or Documentation
(v) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the software used to provide the PaaS Services or in the Documentation
(vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software used to provide the PaaS Services, except and only to the extent such activity is expressly permitted by applicable law
(vii) access the PaaS Services or use the Documentation in order to build a similar product or competitive product.
(viii) upload or distribute of any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service,
(ix) Probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Service,
(x) Take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Service.
(xi) Maliciously reduce or impair the accessibility of the Service,
(xii) Use the service to post, promote, or transmit any unlawful, harassing, libelous, abusive,  threatening, harmful, hateful, or otherwise objectionable material, or
(xiii) transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability.
Subject to the limited licenses granted herein, Partner and Supplier shall own all right, title and interest in and to the Software, services, Platform, Documentation, and other deliverables provided under this PaaS Agreement, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. Customer agrees to assign all right, title and interest it may have in the foregoing to Partner and Supplier.

7. Termination
7.1 Term of PaaS Agreement. The Term of this PaaS Agreement shall begin on the Effective Date and will continue until terminated by either Party as outlined in this Section or until as specified in Schedule (the “Term”).
7.2 Termination on Notice. Either party may terminate this Agreement for any reason on 30 business days’ notice to the other party.
7.3 Termination for Material Breach. Either party may terminate this PaaS Agreement immediately upon a material breach by the other party that has not been cured within thirty (30) days after receipt of notice of such breach.
7.4 Suspension for Ongoing Harm. Supplier reserves the right to suspend delivery of the PaaS Services if Supplier reasonably concludes that Customer or an Authorized User’s use of the PaaS Services is causing immediate and ongoing harm to Supplier or others. In the extraordinary case that Supplier must suspend delivery of the PaaS Services, Supplier shall immediately notify Customer of the suspension and the parties shall diligently attempt to resolve the issue. Partner and supplier shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to any suspension of the PaaS Services in accordance with this Section 7.4. Nothing in this Section 7.4 will limit Partner and supplier’s rights under Section 7.5 below.
7.5 Suspension for Non-Payment. Partner reserves the right to suspend delivery of the Services if Customer fails to timely pay any amounts due to Partner under this Agreement, but only after Partner notifies Customer of such failure and such failure continues for fifteen (15) days. Suspension of the Services shall not release Customer of its payment obligations under this Agreement.
Customer agrees that Partner shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the Services resulting from Customer’s non-payment.
7.6 Effect of Termination.
(a) Upon termination of this PaaS Agreement or expiration of the Subscription Term, Partner and supplier shall immediately cease providing the PaaS Services and all usage rights granted under this PaaS Agreement shall terminate.
(b) If Supplier terminates this PaaS Agreement due to a breach by Customer, then Customer shall immediately pay to Partner and supplier all amounts then due under this PaaS Agreement and to become due during the remaining term of this PaaS Agreement, but for such termination. If Customer terminates this PaaS Agreement due to a breach by Supplier, then Supplier shall immediately repay to Customer all pre-paid amounts for any unperformed PaaS Services scheduled to be delivered after the termination date.
(c) Upon termination of this PaaS Agreement and upon subsequent written request by the disclosing party, the receiving party of tangible Confidential Information shall immediately return such information or destroy such information and provide written certification of such destruction, provided that the receiving party may permit its legal counsel to retain one archival copy of such
information in the event of a subsequent dispute between the parties.
(d) Recovery of Data. Upon Termination, Customer will have 30 days starting from the date of termination, to retrieve any of data that Customer wishes to keep. After 30 days Supplier has no obligation to keep the Data and Data will be removed from Supplier’s servers.
(e) Customer shall cease all use of the Service upon the effective date of the termination. WEM APAC End User License Agreement
WEM APAC Commercial in Confidence 2/6

8. Intellectual Property & Ownership of Intellectual Property
8.1 Intellectual Property means any and all of the following in any jurisdiction throughout the world:
(a) trademarks and service marks, including all applications and registrations, and the goodwill connected with the use of and symbolized by the foregoing,
(b) copyrights, including all applications and registrations related to the foregoing,
(c) trade secrets and confidential know-how,
(d) patents and patent applications,
(e) websites and internet domain name registrations, and
(f) other intellectual property and related proprietary rights, interests and protections (including all rights to sue and recover and retain damages, costs and attorneys’ fees for past, present, and future
infringement, and any other rights relating to any of the foregoing).
8.2 Ownership and Restrictions. Customer retains ownership and intellectual property rights in and to its Customer Content. Supplier and Partner or their licensors retain all ownership and intellectual property rights to the services, Software programs, documentation, modifications, improvements, upgrades, derivative words, all and any other Intellectual Property rights in connection with the
Service, including either the Supplier’s or the Partner’s name, logos and anything developed and delivered under the Agreement. Third party technology that may be appropriate or necessary for use with some Supplier programs is specified in the program Documentation or ordering document as applicable. Customer’s right to use such thirdparty technology is governed by the terms of the third party technology license agreement specified by Supplier and not under the Agreement.

9. Indemnification
9.1 Indemnification by Supplier.
Indemnification for Infringement Claims. Supplier (as an indemnifying party) shall indemnify Customer (as an indemnified party) against all losses and expenses arising out of any proceeding brought by a third party, and arising out of a claim that the Services infringe the third party’s Intellectual Property rights. Qualifications for Indemnification. Supplier will be required indemnify Customer under paragraph, INDEMNIFICATION FOR INFRINGEMENT CLAIMS, only if

• Customer’s use of the Services complies with this agreement and all documentation related to the Services,
• the infringement was not caused by Customer modifying or altering the Services or documentation related to the Services, unless Supplier consented to the modification or alteration in writing, and
• the infringement was not caused by Customer combining the Services with products not supplied by Supplier, unless Supplier consented to the combination in writing.
9.2 Mutual Indemnification. Each party (as an indemnifying party) shall indemnify the other (as an indemnified party) against all losses arising out of any proceeding brought by either a third party or an indemnified party, and arising out of the indemnifying party’s willful misconduct or gross negligence.
9.3 Indemnification by Customer. If a third party makes a claim against Supplier that the Customer Content infringes any patent, copyright or trademark, or misappropriates any trade secret, Customer shall defend Supplier and its directors, officers and employees against the claim at Customer’s expense and Customer shall pay all losses, damages and expenses (including reasonable attorneys’ fees) finally awarded against such parties or agreed to in a written settlement agreement signed by Customer, to the extent arising from the claim.
9.4 Notice and Failure to Notify
9.4.1 Notice Requirement. Before bringing a claim for indemnification, the indemnified party shall notify the indemnifying party of the indemnifiable proceeding, and deliver to the indemnifying party all legal pleadings and other documents reasonably necessary to indemnify or defend the indemnifiable proceeding.
9.4.2 Failure to Notify. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party’s failure.
9.5 Exclusive Remedy. The parties’ right to indemnification is the exclusive remedy available in connection with the indemnifiable proceedings described in this section.

10. Limitation on Liability
10.1 Mutual Limit on Liability. Neither party will be liable for INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, PROFITS, DATA, OR USE OF ANY SERVICE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THIS PAAS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), EVEN IF FORESEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Maximum Liability. Supplier’s liability aggregate liability for damages under this agreement, regardless of the nature of the claim (including Negligence), will not exceed the fees paid or payable by Customer under this agreement during the 12 months preceding the date upon which the related claim arose.
10.3 The foregoing limitations shall not apply to the parties’ obligations (or any breach thereof) under Sections entitled “Restriction”, “Indemnification”, or “Confidentiality”.

11. Warranties
11.1 Warranty. Supplier represents and warrants that it will provide the PaaS Services in a professional manner consistent with general industry standards and that the PaaS Services will perform substantially in accordance with the Documentation. For any beach of a warranty, Customer’s exclusive remedy shall be as provided in Section 7, Term and Termination.
11.2 SUPPLIER WARRANTS THAT THE PAAS SERVICES WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION. SUPPLIER DOES NOT GUARANTEE THAT THE PAAS SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT SUPPLIER WILL CORRECT ALL PAAS SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT SUPPLIER DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PAAS SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVEWARRANTY GIVEN BY SUPPLIER (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF
THIS AGREEMENT. NEITHER SUPPLIER NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL SUPPLIER OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR ANY USER’S DATA, FILES, OR PROGRAMS.

12. Confidentiality
12.1 Definition. “Confidential Information” means any information disclosed by a party to the other party, directly or indirectly, which, (a) if in written, graphic, machine-readable or other tangible form, is marked as “confidential” or “proprietary,” (b) if disclosed orally or by demonstration, is identified at the time of initial disclosure as confidential and is confirmed in writing to the receiving party to be “confidential” or “proprietary” within 30 days of such disclosure, (c) is specifically deemed to be confidential by the terms of this PaaS Agreement, or (d) reasonably appears to be confidential or proprietary because of the circumstances of disclosure and the nature of the information itself. Confidential Information will also include information disclosed by third parties to a disclosing party under an obligation of confidentiality. Subject to the display of Customer Content as contemplated by this PaaS Agreement, Customer Content is deemed Confidential Information of Customer. WEM Modeler Platform software and Documentation are deemed Confidential Information of Supplier or Partner.
12.2 Confidentiality. During the term of this PaaS Agreement and for 5 years thereafter (perpetually in the case of software), each party shall treat as confidential all Confidential Information of the other party, shall not use such Confidential Information except to exercise its rights and perform its obligations under this PaaS Agreement, and shall not disclose such Confidential Information to any
third party. Without limiting the foregoing, each party shall use at least the same degree of care, but not less than a reasonable degree of care, it uses to prevent the disclosure of its own confidential information to prevent the disclosure of Confidential Information of the other party. Each party shall promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the other party’s Confidential Information. Neither party shall reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the other party’s Confidential Information and which are provided to the party hereunder. Each party may disclose Confidential Information of the other party on a need-to-know basis to its contractors who are subject to confidentiality agreements requiring them to maintain such information in confidence and use it only to facilitate the performance of their services on behalf of the receiving party. 12.3 Exceptions. Confidential Information excludes information that: (a) is known publicly at the time of the disclosure or becomes known publicly after disclosure through no fault of the receiving
party, (b) is known to the receiving party, without restriction, at the time of disclosure or becomes known to the receiving party, without restriction, from a source other than the disclosing party not bound by confidentiality obligations to the disclosing party, or (c) is independently developed by the receiving party without use of the Confidential Information as demonstrated by the written
records of the receiving party. The receiving party may disclose Confidential Information of the other party to the extent such disclosure is required by law or order of a court or other governmental authority, provided that the receiving party shall use reasonable efforts to promptly notify the other party prior to such disclosure to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. Each party may disclose the existence of this PaaS Agreement and the relationship of the parties, but agrees that the specific terms of this PaaS Agreement will be treated as Confidential Information; provided, however, that each party may disclose the terms of this PaaS Agreement to those with a need to know and under a duty of confidentiality such as accountants, lawyers, bankers and investors.

13. General Provisions
13.1 Entire PaaS Agreement. This PaaS Agreement (together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement), represent the final entire expression of the parties’ intent and supersedes all previous oral and written communications, discussions and understandings by the parties, relating to the
subject matter of this PaaS Agreement,
13.2 Amendment. Supplier and/or Partner may amend the terms and conditions of this agreement at any time by reasonable written notice to Customer, including without limitation by posting revised terms on its website at the URL wem.io
13.3 Assignment. Neither party may assign this PaaS Agreement or any rights or obligations under this agreement without the other party’s written consent, which consent shall not be unreasonably withheld or delayed. Supplier and/or Partner may employ subcontractors in performing its duties under this PaaS Agreement, provided, however, that such party shall not be relieved of any obligation under this PaaS Agreement
13.4 Notices
13.4.1 Method of Notice. The parties shall give all notices and communications between the parties in writing by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid[, (iv) fax][, or (v) electronic mail] to the party’s address specified in this agreement, or to the address that a party has notified to be that party’s address for the purposes of this section.
13.4.2 Receipt of Notice.
A notice given under this agreement will be effective on the other party’s receipt of it, or if mailed, the earlier of the other party’s receipt of it and the [fifth] business day after mailing it.
13.5 Governing Law. This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Australia, without regard to its conflict of laws rules.
13.6 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
13.7 Waiver
13.7.1 Affirmative Waivers. Neither party’s failure or neglect to enforce any rights under this agreement will be deemed to be a waiver of that party’s rights.
13.7.2 Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.
13.7.3 No General Waivers. A party’s failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.
13.7.4 No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
13.8 Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.
Partner :`WEM APAC
Name : Cheno THong
Address : 882/585 Little Collins Street,
Melbourne VIC 3000, Australia
eMail : cheno.thong@wemapac.com
Customer: Mentioned in the quotation
Name :
Address :

email :

13.9 Relationship of the Parties. No Relationship. Nothing in this agreement creates any special relationship between the parties, such as a partnership, joint venture, or employee/employer relationship between the parties.
13.10 Independent Contractors. The parties have the status of independent contractors, and nothing in this PaaS Agreement nor the conduct of the parties will be deemed to place the parties in any other relationship. Except as p ovided in this PaaS Agreement, neither party shall be responsible for the acts or omissions of the other party or the other party’s personnel..
13.11 No Authority. Neither party will have the authority to, and will not, act as agent for or on behalf of the other party or represent or bind the other party in any manner.
13.12 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
13.13 Personal Data. Customer hereby acknowledges and agrees that Supplier’s performance of this PaaS Agreement may require Supplier to process, transmit and/or store Customer personal data or the personal data of Customer employees and Affiliates. By submitting personal data to Supplier, Customer agrees that Supplier and its Affiliates may process, transmit and/or store personal data only to the extent necessary for, and for the sole purpose of, enabling Supplier to perform its obligations to under this PaaS Agreement. In relation to all Personal Data provided by or through Customer to Supplier, Customer will be responsible as sole Data Controller for complying with all applicable data protection or similar laws that regulate the processing of Personal Data. Customer
agrees to obtain all necessary consents and make all necessary disclosures before including Personal Data in Content and using the Enabling Software and Supplier PaaS. Customer confirms that Customer is solely responsible for any Personal Data that may be contained in Content, including any information which any Supplier PaaS User shares with third parties on Customer’s behalf.
Customer is solely responsible for determining the purposes and means of processing Customer Personal Data by Supplier under this Agreement, including that such processing according to Customer’s instructions will not place Supplier in breach of applicable data protection laws. Prior to processing, Customer will inform Supplier about any special categories of data contained within Customer Personal Data and any restrictions or special requirements in the processing of such special categories of data, including any cross border transfer restrictions. Customer is responsible for ensuring that the Supplier PaaS meets such restrictions or special requirements. Supplier to process any Personal Data that meets the requirements set forth in this Section according to these
Terms of Use. 13.14 Supplier Personal Data Obligations. In performing the PaaS Services, Supplier will comply with the Supplier Services Privacy Policy. The Supplier Services Privacy Policy is subject to change at Supplier discretion; however, Supplier policy changes will not result in a material reduction in the level of protection provided for Customer data during the period for which fees for the services have been paid. The services policies referenced in this PaaS Agreement specify our respective responsibilities for maintaining the security of Customer data in connection with the PaaS S rvices. Supplier reserves the right to provide the PaaS Services from Host locations worldwide. Supplier will only process Customer Personal Data in a manner that is reasonably necessary to provide PaaS Services and only for that purpose. Supplier will only process Customer Personal Data in delivering Supplier PaaS. Customer agrees to provide any notices and obtain any consent related to Supplier’s use of the data for provisioning the PaaS Services, including those related to the collection, use, processing, transfer and disclosure of personal information. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and retains ownership of all
of Customer data.
3.15 Compliance with Laws. Supplier shall comply with all applicable local, state, national and foreign laws in connection with its delivery of the PaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data.
13.16 Publicity. Supplier may invlude customers’s name and logo in the its customer list and marketing collaterals.

SCHEDULE A
1. Services
Platform as a Service (PaaS)
PaaS refers to the specific internet-accessible service that provides use of ZoomBIM Solutions Software Application Development Modeler and Runtime environments that is hosted by ZoomBIM or its services provider and made available to Customer over a network on a term-use basis.
• The standard model is a fully serviced Platform as a Service (PaaS) model, where ZoomBIM Solutions provides all the equipment, software and services required to keep the WEM modeler and runtime environment up and running with continuous updates to the software and full maintenance of the supporting technology included in the license fees. This includes the following technology:
• WEM Modeler (authoring): The use of the WEM Modeler as well as the development and test environment is always free of charge, including the access to my.wem.io.
• WEM Modeler updates: Keep updated on upcoming developments and new releases of the WEM Modeler in my.wem.io.
• DTAP Environments: Complete development methodology of development, test, acceptance, production.
• Multi datacenter hosting: Hosting is cloud based and always included in the license fee.
• Number of projects/applications may be published as per the license
• Number of users as per the License
• Backup and Disaster Recovery as per the license
• Unlimited bandwidth
• Security: ISO27001:2013 / IEC27001:2013 / NEN 7510, standard SLA and Data Ownership
• WEM Platform continuity (Stichting Waarborgfonds WEM)
As part of the registration process, Customer’s Authorised Users will identify an administrative login name and password for each of their registered accounts. The login name must be a valid email address for the Authorised User that is associated with the Customer or one of its associated companies.
Customer acknowledges that this Agreement is a services agreement and Supplier will not be delivering copies of the Software to Customer as part of the PaaS Services.

Exhibit A – Service Level Agreement for WEM
Please refer to the attachment “2021 SLA_WEM_V2.0_ENG”
Exhibit B – WEM Data Processing Agreement
Please refer to the attachment “Data-processing-agreement wemapac.pdf”