2. Requirements for the Provision of Services, Service Period and Remuneration

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1 Terms of Service / Service Levels 1. Preamble a. The customer has the opportunity to order services subject to fees from Thomas- Krenn.AG in connection with the products purchased from. The customer can select from various service packages in 's online shop or combine individual services with one another insofar as these are offered on the online shop. b. The specific scope of services, the service period for the services to be provided by and the corresponding applicable conditions (which together form the service contract) arise from o the customer s specific order and the specific services selected or compiled, insofar as this order was confirmed or performed by, _ the terms of service, including the relevant service levels for the services selected, and _ order was confirmed or performed by, o the terms of service, including the relevant service levels for the services selected, and o 's General Terms and Conditions. In the case of contrary provisions, the documents in the previously mentioned order apply so that in such cases the terms of the service order take precedence over the respective provisions of the terms of service, and the terms of service take precedence over the respective terms from 's General Terms and Conditions. 2. Requirements for the Provision of Services, Service Period and Remuneration a. provides the services exclusively in relation to products purchased by the customer from and specified in the respective order for services. A requirement for providing these services is therefore a valid service order from the customer for the respective product (hereinafter: serviceable product). b. Subsequent to a confirmed, valid service order, the customer is entitled to the service level they have chosen for the period specified in the service order, which is calculated from the purchase date of the serviceable product. Upon expiration of the service period, the service contract expires automatically without the need for an explicit termination. The right of each party to terminate the contract for good cause is unaffected by this provision. info@

2 c. The flat fees stipulated in the service order cover expenses for the services rendered and materials used in connection with and during the term of the service contract insofar as this is not otherwise stipulated for specific services and / or materials in the service contract. These types of services and / or materials require a separate agreement and are to be remunerated separately as well (e.g. according to material use or expenses incurred). 3. Basic Scope of Services and Changes to Services a. provides services for a serviceable product within the framework of and according to the provisions of the respective service levels described below (see clause 5 below). The services include some basic support services that Thomas- Krenn.AG provides independent of deficiencies with the serviceable product, such as e- mail support, hotline support or access to an online portal. Additional support services are those that provides in connection with technical issues stemming from deficiencies in the serviceable product. The scope of these additional services are determined according to the service package selected and the corresponding applicable service levels. b. For changes affecting the service contract with the customer, will notify the customer via at the address it has provided at least thirty (30) days before the change(s) take effect. will not make any changes to the services that would minimize the scope of the services offered by or the obligations of in terms of the services to be rendered for the customer or negatively impact the right of the customer to the services ordered. 4. Limitations and Related Services a. Limitations will endeavor to repair / rectify errors reported by the customer in relation to the serviceable product and the customer's technical problems with serviceable products within the framework of the applicable service level without any guarantee for the success of this attempt. b. Related Services Insofar as it is not otherwise stated in the service contract, will not provide any services in relation to problems or questions that are not covered within the scope of the service contract. Furthermore, does not provide any servicefor products that were not purchased from. 5. Description of the Individual Services and Service Levels a. Error-independent Services The following services principally represent basic support services offered by Thomas- info@

3 Krenn.AG, which the customer can order independent of the existence of errors and / or deficiencies with the serviceable products. (1) Thomas-Krenn Wiki The Thomas-Krenn wiki is an online portal, in which provides its customers know-how relating to server technology in corresponding, regularly edited and updated articles. The customer receives both answers to current questions in the field of servers as well as background information on relevant server technologies via these articles. The central topics covered in the Thomas-Krenn wiki are: o Server hardware o Server software o Storage o Virtualization o Networks and accessories o Project presentations provides the customer access to the Thomas-Krenn wiki over the life of the contract term. The degree of accessibility of the Thomas-Krenn wiki portal is 95.5% in terms of the annual mean and considers possible downtimes, for example due to interruptions or other events that are not caused by or are due to system-immanent maintenance or data security efforts. (2) Support For technical problems with and / or errors with the serviceable product(s), the customer can contact service employees via . The customer then receives support via in rectifying the technical problem. With support, the customer should receive fast, effective support for any problems arising with the serviceable product(s). cannot, however, guarantee that it will be able to solve the respective technical problem(s) via this support. In certain cases, additional measures may be necessary for resolving the issue(s). (3) Hotline Support For technical problems with and / or errors with the serviceable product(s), the customer can contact the technical support at via telephone. This hotline support is available to customers Monday through Friday (with the exception of Bavarian bank holidays) between the hours of 7:00 am to 10:30 pm. With this hotline support, customers should receive fast, effective support for any problems arising with the serviceable product(s). cannot, however, guarantee that it will be able to solve the respective technical problem(s) or errors via this hotline support. In certain cases, additional measures may be necessary for resolving the issue(s). (4) 24/7 Hotline Support With 24/7 hotline support, customers have access to the same services as with the info@

4 normal hotline support (see Sec. 5 a. (3) above), only without the time restrictions. 24/7 hotline support is therefore available every day and around the clock (24 hours a day, 7 days a week). (5) Call Home Service With the "call home service", the network monitoring system installed by Thomas- Krenn.AG (TKmon or Icinga) monitors and checks to ensure that the serviceable product is functioning properly. In the case of a hardware problem, the network monitoring system will send an automatic message to the support team at Thomas- Krenn.AG. The message contains the debug information that the technician at will need for assessing the problem. Upon receiving the message, will inform the customer about the problem. (6) Driver Support provides the customer access to drivers for the serviceable product(s). The determination of which drivers are provided is the sole right of Thomas- Krenn.AG. A claim to certain drivers or the latest drivers does not exist for the customer. provides these drivers to the customer via The customer can access and download the drivers from there. (7) Installation Support The customer receives support and assistance from for the installation of hardware purchased from. The customer can receive this installation support either over the telephone or via . cannot, however, guarantee that it will be able to solve the respective technical problem(s) or errors via this installation support. In certain cases, additional measures may be necessary for resolving the issue(s). b. Error-dependent Services The following services require a technical problem stemming from a defect with the serviceable product in the sense of 434 BGB ("error-dependent services"). The customer can make use of these error-dependent services, independent of whether the defect already existed at the time of risk transfer or first arose during the term of the service contract. The customer can make use of the error-dependent services independent of possible claims relating to warranty law regarding the serviceable product(s). Possible sales law-related warranty claims from the customer regarding the serviceable product(s) remain unaffected by this service condition. The customer can assert its warranty claims relating to sales law in accordance with the General Terms and Conditions. Basic requirement for the utilization of the error-dependent services is that the info@

5 customer contact technical support at via telephone to describe the defect and that technical support was unable to successfully rectify the defect. Upon receiving the call from the customer, creates a ticket and begins to process the case. The ticket records the time that the call was received, its content, the processing steps, processing status and the person(s) processing the case. The ticket is kept up-to-date by according to the processing progress. The customer can make use of some of the error-dependent services directly at the site of the serviceable product(s). This, however, only applies insofar as the site of the serviceable product(s) is located in a country where this service is offered. This is indicated by the information in the service order ("service site"). (1) Hardware Replacement Service NBD (Next Business Day) With the "Hardware Replacement Service NBD", will replace the defective serviceable product. For the replacement, the customer initially needs to contact via telephone or and report the defect with the serviceable product. Upon receiving the report, will send the customer a replacement product. is also authorized to provide the customer with a more valuable replacement than the original product. If the report is received by on a weekday by 12:00 pm, the shipment of the replacement product will take place on the following business day. With the shipment of the replacement product, the customer will also receive a return shipment voucher for returning the defective serviceable product to so that no transport costs arise for the customer. The customer is obligated to send the defective serviceable product back to within one business day upon receiving the replacement product. Shipping the serviceable product (including the replacement product sent to the customer) is done at the customer's risk. (2) On-site Service NBD (Next Business Day) With "On-site Service NBD", the customer can make use of technical services from directly at the service site. For this service, the customer initially needs to contact via telephone or and report the defect with the serviceable product. If the report is received by on a weekday by 12:00 pm, will send a service employee to rectify the defect on the following business day. If the error report is first received later or during the weekend or on a holiday, the Thomas-Krenn service employee will first be sent to the customer on the second business day to rectify the defect. (3) 24/7 Service and Support With "24/7 Service and Support", the customer has access to the same services from as specified in the "On-site Service NBD" (see Sec. 5 b. (2) above) with the only difference being that customers with 24/7 Service and Support have the opportunity to claim this support within 24 hours of Thomas-Krenn.Ag receiving the error report. info@

6 (4) 24/7/4 Service and Support With "24/7/4 Service and Support", the customer has access to the same services from as specified in the "24/7 Service and Support" (see Sec. 5 b. (3) above) with the only difference being that this service is provided by within 4 hours of receiving the error report. The reaction time for error reports is 2 hours. With "24/7/4 Service and Support", services for accessories such as cables, BBUs, cache vault modules, adapters and/or DVD drives is not included unless otherwise stipulated in an agreement between and the customer. (5) On-site and Same Day Replacement Service With the "On-site and Same Day Replacement Service", the defective serviceable product is replaced by with an equal or higher-quality replacement product directly at the product's location. For this service, the customer initially needs to contact via telephone or and report the defect with the serviceable product. If the defect is reported to via telephone or e- mail on a business day, will respond by sending a service employee to the customer's site within four [4] hours of receiving the notification and replace the defective serviceable product. 6. Data Backup / Custom Settings / Customer's Cooperation a. recommends that the customer regularly back up their data. Data, programs, software, etc. on the affected serviceable product(s) could potentially be irreparably lost when renders its services. The customer is therefore responsible for ensuring that all of their data, programs, software, etc. on the respective serviceable product(s) is secured and backed up prior to the rendering of services by so that a new installation of this data can be performed following the rendering of services. underscores that even within the framework of on-site services (On-site Service NBD, 24/7/4 Service and Support and On-site and Same Day Replacement Service), is not responsible for any data protection measures and data can be lost as a result of the services rendered by the Thomas-Krenn technician. therefore assumes no liability for the loss of data, programs or software subject to the customer's aforementioned obligation regarding data protection. b. Custom settings could be changed or reset due to the services rendered by Thomas- Krenn.AG. The restoration or resetting of these custom settings is not covered by the services. The customer is responsible for protecting and / or restoring any custom settings. c. Telecommunication facilities required by the Thomas-Krenn service employees for the proper rendering of the services in question, particularly testing and diagnostic purposes as well as to rectify errors and / or defects are to be provided by the customer info@

7 at their expense. Furthermore, the customer is to provide any necessary information required for assessing and rectifying the error or defect. In particular, the customer is to have all data relating to the serviceable product on hand and available to the service employee. Further, the customer is to perform all other cooperative actions within reason that are required for a proper rendering of service by. info@