TERMS OF SOFTWARE USE FOR INDEFINITE PERIOD GENERAL By this Agreement, OKTABIT grants to the Company a non-transferable and non-exclusive license to use Software, that OKTABIT has developed and owns all intellectual property rights, for an indefinite period. License to use the Software may also apply to affiliates, subsidiaries or branches of the Company, subject to the recording and storage of data in a single database and the written (albeit email) notification of OKTABIT for all above companies or branches. For the indefinite period of licensing the above Software and / or its upgraded versions, the Company will pay periodic fees to OKTABIT or its Authorized Agent, as set forth in Annex A hereto. In addition to the above, no other right or power is conferred on the contracting Company. DEFINITIONS Company: The legal entity or individual who is hereby contracted with OKTABIT to acquire the object of this agreement. Representative: The legal entity or individual to whom OKTABIT has granted the right to distribute its Software Products. Software: Software executable code, documentation and supporting material of any kind. Software License: The right to use the Software product as intended in the paragraph above. The use does not include and does not allow any interference, modification or alteration of the program, as well as any further transfer of its license. Domain Name: The web address managed by the Company. DURATION This Agreement and all its terms herein, which are equally significant, shall have an indefinite duration, unless otherwise specified in the attached Annex A. The Company reserves the right to terminate this Agreement at any time without notice and without further financial obligation to OKTABIT. However, the periodic remuneration paid by the Company by the time of termination will remain in the hands of OKTABIT or its Representative, and the Company explicitly waives its right for refund, for any reason or cause, even with the provisions of unjust enrichment. OKTABIT reserves the right to terminate the License Agreement, if the Company violates one or more of the terms of this Agreement, by simply notifying the Company. In this case, the License Agreement shall cease to be valid. The Company waives the right to claim damages, as well as refund for the periodic fee paid until this point. The Company shall refrain from using the Software and return to OKTABIT all accompanying material in any form it exists, and in any manner, it has been produced. COPYRIGHT The above Software and its derivatives are protected by copyright law, and OKTABIT retains the intellectual property rights in the Software, its derivatives and associated accompanying information. The Company is liable for any non-contractual conduct of any executor or business indirectly covered by this Agreement as a relative, affiliate, subsidiary or branch of the Company. The foregoing also applies after the termination or expiration of this Agreement for any reason. SOFTWARE ANALYSIS AND BYPRODUCTS It is not permitted, without the explicit and written consent of OKTABIT to: • analyze the Software in its individual parts • interfere, intervene, reverse engineer, or make byproducts or copies of the Software itself or any accompanying material of any kind • develop or reproduce (partially or totally) similar software by using the Software as a template PERSONAL DATA PROTECTION AND CONFIDENTIALITY OKTABIT is required to maintain complete confidentiality of information received, in any form, by the Company in the course of their cooperation and generally to comply with data protection laws. However, it may, where appropriate, process the data of the Company or its customers, in order to fulfill its obligations to the Company. OKTABIT assumes the role of "data processor" as defined by the General Data Protection Regulation (EU 2016/679), and thus, the Company, as the "controller", must have consent of individuals for the processing of their personal data. In any case, the protection of data by OKTABIT subjects to applicable law and the Privacy Policy it adopts. The Privacy Policy of OKTABIT, as in force at any time and published on its respective website, forms an integral part of this Agreement and sets out its obligations to the Company and to any third party with respect to the matters covered by the above items. Accordingly, the Company is obliged to maintain complete confidentiality of any and in any form of information about Oktabit and its Software products provided to it under this Agreement. It is therefore obliged to notify all involved parties (legal entities or individuals) in writing. The Company grants OKTABIT the right to include its details (i.e.: brand name, logo, key contact information and business sector) in its customer list and promotions and expresses its intention to provide usage information of the software (case study). SCOPE OF LIABILITY The extent of OKTABIT’s liability is limited to the Software product that it produces and does not extend to the content of the Company’s website or third-party websites or to third party Software that may be linked or used by OKTABIT’s Software, such as the database where the Company's data are stored. It also does not include any liability for damage to hardware, peripherals, networks, operating systems, peripheral systems (i.e. cash registers, wireless ordering systems, etc.) or the means of communication with OKTABIT (such as Internet connection etc.). In any case, that either the Client is unable to partially or completely use and exploit the Software product and its new releases, or any damage is caused to the Client for any reason whatsoever, arising out of or having any direct or indirect relationship with this Agreement (including any claims thereof the application of the provisions of the immediately above paragraph for Personal Data Protection and Confidentiality and the relevant provisions of the applicable law), OKTABIT's liability is limited to the payment of compensation not exceeding the remuneration paid under this Agreement during the last 12 months right before the damage occurred. This compensation does not extend to cover any other damage, positive or consequential, direct or indirect, which may be caused to the Company and which is caused or in any way related to the Software product or other objects or services included in this Agreement or to any other obligations of OKTABIT arising out of this Agreement or the applicable law. By this Agreement, the Company recognizes and accepts the limitation of the liability of OKTABIT and by signing this Agreement waives any other claims for its compensation. OKTABIT is also not liable for failure to comply with the terms herein in the event of a strike, social unrest, other incident, or force majeure event. It is also explicitly agreed that it assumes no responsibility or liability for the availability and accessibility of the Company's website on the Internet, as well as matters relating to the legality of the content of the Website and the safe use of the Internet. LIMITATION OF USE In case of, the Software product is used at the same time in more than one Domains, that are not stated on the Software License, OKTABIT is entitled to unilaterally terminate this Agreement by declaring further usage of the Software product illegal or alternatively, at its discretion, to directly debit the Company in accordance with its pricing policy and with a 100% surcharge. NEW THIRD PARTY LICENSE OR SUBLICENSE FOR SOFTWARE USE In the event of a change of control of the Company or other changes (acquisition or merger with other companies), it is necessary to notify OKTABIT in order to sign a new license between the recipient of the Software product (other companies of the group) and OKTABIT. The existing license is automatically terminated. No further use of the Software Product may be granted in any form or for any reason (in exchange of money or in the context of hosting services). WARRANTY OKTABIT guarantees that the Software product has the features and consists of the modules described in the Software License. It further guarantees that the Software product does not contain legal defects and therefore does not infringe the copyright of any third party. Software bug fixing (actual defects and malfunctions) is limited to any damages or malfunctions that have been proven to be OKTABIT's fault and are within the scope of its liability described in the relevant section "SCOPE OF LIABILITY". OKTABIT is committed to make every effort to remedy defects and malfunctions. However, in case the Company permits any kind of intervention or correction to the Software product by people not authorized by OKTABIT for this work, OKTABIT is under no obligation to remedy the damage to the Software product. In case, OKTABIT considers that the repair of the damage is feasible, OKTABIT will proceed with the costing of such services on a case-by-case basis. NEW RELEASES OF SOFTWARE OKTABIT provides to the Company any new release of the Software product produced and officially distributed during the validity of the Agreement, free of charge. New releases may relate to improved functionality, adaptation to new business conditions or adaptation due to changes in existing finance applicable laws and regulations. However, OKTABIT does not guarantee that the upgraded releases of the Software product will be compatible with all prior releases, except for the immediately preceding release. For this reason, the updated releases must be installed by the Company in a timely manner, to ensure a smooth and uninterrupted operation of the Software product. OKTABIT will make every effort to ensure that the installation of new releases is seamless even if the Software product has been modified (by OKTABIT or its authorized partners at the Company's request, to meet specific requirements). OTHER RIGHTS AND RESTRICTIONS Consent to use Company Information The Company explicitly consents to the collection and use of its technical information collected in any way in the context of providing support services for the Software product. This information may be used to improve the Software or to provide specialized services or technologies to the Company. Localization The Software product and license shall, in any case, be complaint with local laws and regulations. The Company should notify OKTABIT for the country or countries that the Software will be used. However, OKTABIT is not liable to the Company if the Software product is not in accordance with local legal or tax law or is inconsistent with local business practices, unless licensed to use a Software Product has been specifically developed and configured for use in that country (Localized edition). Further articles of this Agreement may be present on the Annex in order to ensure compliance with applicable laws and regulations for the respective country or territory, that the Company is established or practicing business. Partner Software Application License The Company is responsible for obtaining the legal licenses to use third-party applications, in case it uses them in combination with the Software. Link to Third Party Sites The Software provides the ability to connect directly to third-party websites. OKTABIT is not responsible for the content of these sites, nor for any transfer of information to and from such sites accessed through its Software. INTEGRATION AND USE For the operation of the Software product, the Company must select an environment that is technically compatible with the Software. OTHER TERMS This Agreement covers all applicable terms between OKTABIT and the Company and prevails over any other written or oral agreement. The terms of this Agreement may only be changed in writing. Failure to comply with any of the above terms by any of the parties does not imply resignation, or amendment of this agreement. Declaring any term of this Agreement null or void for any reason shall not affect the validity of the other terms of the Agreement. The parties are obliged to replenish this condition with another similar one, which achieves the same economic and legal effect as possible. This Agreement is governed by and construed in accordance with Greek law. In the event of a dispute as to its interpretation or application, the resolution of the dispute shall be the exclusive jurisdiction of the courts of Athens.