Provision and Use of the Services. During the Term KNIME AG, Talacker 50, 8001 Zurich, Switzerland ("KNIME") will provide and Customer may access and use the KNIME Community Hub and its additional feature team plan as a subscription service (together "Subscription Services"). KNIME shall provide the services in accordance with general market practices and the online documentation for the Subscription Service (the "Service Description").

Revisions. KNIME may revise and amend the Subscription Services at any time. If any such revision materially reduces features or functionality, Customer may within 10 days of notice of the revision terminate such service.

Subscription Fees. Customer shall pay KNIME the applicable fee for the provision of the Subscription Services ("Subscription Fee") during the subscription period selected by Customer when submitting the order on KNIME's web page ("Subscription Period"). The payment must be made in advance and by debit or credit card. Customer's subscription will automatically renew at the end of the Subscription Period and KNIME will charge Customer the then current applicable fees for a subsequent Subscription Period, unless this Agreement is terminated in accordance with Sec. 8 (Term and Termination). With successful payment the Customer obtains the license. Customer will receive the invoice after each payment. Customer is responsible for providing KNIME with a valid payment method for successful auto-renewal.

Taxes. If applicable the Customer shall pay to the respective authority all customs duties, levies, fees and taxes of whatever kind that are levied by any government authority (national, state, provincial, or local) that are owed due to the Subscription Services to be provided to the Customer.

Use of Customer Data. "Customer Data" means all information processed or stored through the SaaS by Customer or on Customer's behalf. Customer Data does not include information Customer uses to pay KNIME, or other information and records related to the payment of management of Customer's account. KNIME shall not: (a) access, process, or otherwise use Customer Data other than as necessary to facilitate the Subscription Services; or (b) allow any third party to access Customer Data, except KNIME's subcontractors that have a need for such access to facilitate the Subscription Services, or as otherwise agreed upon between the Parties.

Required Disclosure. Notwithstanding Sec. 3.1, KNIME may disclose Customer Data as required by applicable law or by proper legal or governmental authority. KNIME shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort by Customer to seek a protective order or otherwise to contest such required disclosure, at Customer's expense.

Use of Subscription Services. Customer shall comply with the Terms of Use made available at https://www.knime.com/terms-forum-hub, unless otherwise provided for in these Additional Terms. Customer shall not: (a) use the Subscription Services for service bureau or time-sharing purposes or otherwise allow any third parties to use or exploit the services; (b) provide passwords or other log-in information to any third party; (c) share non-public features or content with any third party; (d) access the Subscription Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics, or to copy any ideas, features or functions. In case of any breach of this Sec. 4.1, KNIME may suspend Customer's access to the Subscription Services without notice, in addition to any other remedies KNIME may have.

Compliance with Laws. In its use of the Subscription Services, Customer shall comply with all applicable laws, including without limitation copyright or trademark laws, export control laws and privacy laws.

Unauthorized Access. Customer shall take reasonable steps to prevent unauthorized access to the Subscription Services, including without limitation by protecting its passwords and other log-in information. Customer shall notify KNIME immediately of any known or suspected unauthorized use of the Subscription Services or breach of security and shall take the necessary action to stop said breach.

Indemnification. Customer shall defend, indemnify, and hold harmless KNIME against any claim, action or allegation brought against KNIME arising out of or related to Customer's use of, misuse of, or failure to use the Subscription Services ("Indemnified Claim"). KNIME shall inform Customer immediately of any such claim and give such assistance and information as Customer may reasonably require to settle or oppose such Indemnified Claims.

KNIME IP Rights. KNIME retains all Intellectual Property Rights in and to the Subscription Services, including without limitation all software used to provide the Subscription Services.

Customer's Licence.Customer's Licence. KNIME grants to Customer a limited license to the Intellectual Property Rights to extent that such rights are necessary for Customer's use of the Subscription Services in accordance with these Additional Terms.

Warranty regarding the Subscription Services. KNIME warrants that the Subscription Services shall be performed materially in accordance with the Service Description. In case of a breach of the warranty in this Sec. 6.1, KNIME shall either (a) replace or repair the respective services; or (b) upon request of Customer refund the fees paid proportionally for the remaining Term following the breach of this warranty.

Warranty Disclaimers. Except as expressly provided in these Additional Terms, the Subscription Services are provided to the Customer strictly on an "as is" basis. All representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

Unlimited Liability. KNIME shall be liable without limitation for (i) damages caused by willful intent or gross negligence, (ii) injury to life, body or health and (iii) damages based on product liability law.

Cap. Subject to Sec. 7.1, the total aggregate liability of KNIME is limited to the Subscription Fees that the Customer has paid to KNIME within the last 12 months prior to the occurrence of the damaging event(s).

Indirect and Consequential Damages. Subject to Sec. 7.1, in no event will KNIME be liable for lost profits, loss of revenue, loss of production, loss of use for any consequential, indirect, special, incidental, or punitive damages arising out of or relation to these Additional Terms.

Loss of data. Subject to Sec. 7.1 in no event will KNIME be liable for loss of data for any consequential, direct, indirect special, incidental, or punitive damages arising out of or relation to these Additional Terms. It's the Customers obligation to backup their Customer Data.

Term. The term for the Subscription Services shall commence on the date the Customer has submitted an order and paid for the Subscription Services ("Effective Date") and will remain in force until terminated in accordance with these Additional Terms. The term shall automatically extend for a further Subscription Period, unless (i) Customer terminates the services either in the online user portal or by written notice giving at least three (3) days notice before the end of a Subscription Period, or KNIME terminates the services by written notice giving at least one month notice before the end of a Subscription Period.

Termination for Cause. Either party may terminate these Additional Terms if the other party is in material breach of its obligations under these Additional Terms and such material breach is not remedied within 30 days after the notifying party notified the party in breach of such material breach, which notice sets forth in reasonable detail the nature of such material breach. This Sec. 8.2 does not effect KNIME's right to suspend the Customer's access in case of a breach as set out in Sec. 4.1.

Access to Data. The Customer is aware that no access to the Subscription Services is granted to the Customer and KNIME may delete any data stored by the Customer from expiry or termination of these Additional Terms. The Customer will make any required copies of its data prior to such expiry or termination.

Severability. If a provision of these Additional Terms is held to be invalid or otherwise unenforceable, such provision will be replaced by a provision which as nearly as possible validly gives effect to the intention of the Parties as expressed in these Additional Terms, and the remaining provisions of these Additional Terms will continue in full force and effect.

General Terms and Conditions. Unless excluded or amended by these Additional Terms, the Terms of Use made available at https://www.knime.com/terms-forum-hub shall apply to the provision of the Subscription Services.