Terms of Use for the Vertiv Virtual ShowRoom App

Subject to the acceptance of these Terms of Use by you, the "User", Vertiv S.r.l., a company incorporated in accordance with the laws of Italy and with registered office at Via Leonardo da Vinci, 8, 35028 Piove di Sacco (Padova) ("Vertiv"), makes available to you the Vertiv Virtual Showroom App (the "App"), including the services and information available on the App.

1. SUBJECT MATTER OF THE TERMS OF USE

1.1 These Terms of Use apply between Vertiv and the User of the App. The App is made available to the User either in the web or via an App Store.

1.2 By installing or using the App, you are deemed to have accepted and consented with these terms and conditions.

1.3 The use by you of the App is free of charge, voluntary, and automatic upon installation of the App on your device. Downloading the App to your device and using the App via the Internet may lead to incurring costs that you will have to pay to your service provider.

1.4 The App is a Virtual Reality (VR) product demonstrator which allows you to discover the Vertiv’s capabilities and products (“Product”) of your interest as available in the App. The App does not contain any commercial terms and it is not intended, for example, for the sale or the offer for sale of the Product, or any other Vertiv’ product or service. The Product, including its technical features and specifications, is displayed for informational purposes only.

1.5 If you wish to receive commercial information, including on the availability in your country of the Product and on the applicable technical specifications and certifications, or if you want to be assisted in configuring a solution that suits your specific site needs, for high complexity projects, and for any other question do not hesitate to contact our experts here Contact@Vertiv.com or at Vertiv website www.Vertiv.com.

2. TECHNICAL REQUIREMENTS AND OTHER MEASURES FOR THE APP’S USE

2.1 You are responsible for making all arrangements necessary to access and view the App.

2.2 You should ensure that you have up to date anti-virus software on any device from which you access the App. You are also responsible for ensuring that all persons accessing the App through your internet connection are aware of these Terms of Use.

2.3 You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the device on which the App operates (e.g., Oculus). Vertiv is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your device. The ways in which you use the App may also be controlled by the rules and policies of the App Store, from which you download the App (the "App Store"). In any event, your acceptance of these Terms of Use creates a legally binding contract between you as the User and Vertiv as the party responsible for the App.

2.4 When using the App, you shall not:

(a) use the App in any way other than through the interface provided by Vertiv;

(b) reproduce, duplicate, copy, sell, trade, and resell access to the App, including the additional functionality thereof, for any purposes.

(c) None of the provisions of these Terms of Use shall entitle you to use the company name, trademarks, domain names, and other identification signs of Vertiv. The right to use the company name, trademarks, domain names, and other identification signs of Vertiv may be granted exclusively in an agreement with Vertiv in writing.

2.5 You must use the App only in a safe space. Always be aware of your surroundings before starting and while using the App. Serious injuries can occur from inadvertent movements, falls or contacts with potentially hazardous objects or in a dangerous environment. You shall not use the App in proximity of objects or other things that may cause injury or could be damaged through inadvertent contacts, movements or loss of balance. Before starting using the App, keep a safety distance between you and any object or area that could be hazardous. We recommend you having another person act as a spotter while you move around in the virtual world. Because your perceptions may be limited while you use the App, do not hold or handle things that are dangerous, may injure you, or may be damaged. You shall take appropriate steps to prevent others from entering your space, including people, during the use of the App. Failure to follow the above instructions could increase the risk of personal injury, property damage or other potential hazards. By using the App, you represent and warrant that you have read these warnings and instructions (and will check for updates) and will act in accordance with them.

3. PROVISION OF AND CHANGES TO THE APP

3.1 You shall thoroughly read these Terms of Use upon installation of the App on your device. These Terms of Use may be unilaterally amended and/or supplemented by Vertiv without notification. These Terms of Use is a public, generally accessible document. Vertiv recommends you to regularly check the terms and conditions of these Terms of Use for any amendments and/or supplements hereto. By continuing use of the App after any amendments and/or supplements to these Terms of Use take effect, you accept and consent to such amendments and/or supplements.

3.2 Vertiv reserves the right to change individual functionalities of the App, in particular to extend, limit or discontinue these. Insofar as it is reasonable and necessary, Vertiv will notify you with reasonable notice of the discontinuation of any functions. Vertiv reserves the right to provide updates for the App. As the User, to th extent that it is necessary, you alone are responsible for installing updates for the App. If you do not install corresponding updates, it is possible that you will no longer be able to access all functions of the App or use the App.

4. YOUR OBLIGATIONS AS A USER

4.1 You may use the App only within the intended scope of performance and for the permitted purposes. Any use for other purposes, in particular misuse of the App's functionalities contrary to the permitted purpose, is not permitted. You agree not to use the App in particular in order to:

(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;

(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

(c) transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(d) interfere with or disrupt the App or servers or networks connected to the App; and/or

(e) violate any applicable national or international rules and laws, as well as rights of third parties.

4.2 You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices (and the App). You accept responsibility for all activities that occur under your account or from your devices in relation to the App. Vertiv will use reasonable and industry-standard security measures to protect you from unauthorised access to your account. You agree to immediately notify Vertiv of any unauthorised use of your account, or any other breach of security. If you fail to notify Vertiv accordingly, Vertiv might not be able to prevent such unauthorised access or other breach of security or take corresponding security measures.

4.3 If you fail to observe the limits of permitted use of the App, Vertiv will – without prejudice to any other rights (including termination of these Terms of Use without notice for good cause) – be entitled to block your use of the App immediately.

5. PRIVACY POLICY

6. The App may request or collect certain limited information about You when You use it. Such information may consist of personal information of individuals that are stored on devices that connect to the App or which send content and information through the App. Other information collected may include identification of the device as well as technical data and related information, including but not limited to technical information about your device, system, and application. Any personal information that relates to You will be processed by VERTIV in compliance with the applicable laws and in particular with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”). Please view the VERTIV privacy notice for information and details that apply to the processing of any of Your personal information: https://www.vertiv.com/en-us/privacy-policy/.

7. THIS AGREEMENT REPRESENTS AN ENTIRE AGREEMENT BETWEEN LICENCE AND INTELLECTUAL PROPERTY (IP)

7.1 Vertiv grants you a personal, non-transferable, non-sublicensable, non-exclusive, revocable licence to use the App for your personal, non-commercial use, as described in these Terms of Use, for the period in which you access the App. Any software provided through or used to operate the App is licensed, not sold, to you by Vertiv. You acknowledge that you have no right to have access to the App in source-code form. Vertiv may notify you, by notice within the App or otherwise, that the App contains software governed by the licence of a third party and you agree to abide by the terms of the App. The App contains copyrighted software licensed under Free Open-Source Software (FOSS) licenses. The FOSS licenses and a detailed description of the relevant FOSS can be found at https://www.vertiv.com/en-us/support/warranty/vertiv-open-source-policy/.

7.2 You have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the App or such software, without prejudice to your rights to make a back-up copy of such software pursuant to the applicable laws.

8. All the rights on the materials used and contained in sections of App, any intellectual deliverables, including design elements, text, graphics, pictures, videos, scripts, application, music, sounds, and other objects and compilations thereof (hereinafter referred to as the “Materials”), as well as the App itself are subject to intellectual property rights, which are either owned by or exclusively licensed to VERTIV and shall be protected by provisions of the effective intellectual property laws of the country of registration or where they are anyway in force. All rights to these objects are reserved.

8.1 For all contents, that you may insert or make available via the App ("User Content"), you grant Vertiv free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purpose

• of providing the App.

• to provide you with information, technical and commercial support, concerning any solution or products of your interest.

• improvement and further development of the App and,

other, including commercial use ("Right of Use and Exploitation").

By entering or making available User Content via the App, you guarantee that the User Content is in accordance with these Terms of Use, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify Vertiv against all claims brought by third parties against Vertiv in connection with the exercise of these Rights of Use and Exploitation. Information on the processing and protection of your Personal Data, including the purposes of data processing, can be found in the privacy policy available in the App.

9. AVAILABILITY OF THE APP

9.1 Vertiv will endeavour to ensure that the App is always available; however, Vertiv cannot give any assurance that the App will be available at all times. The User does not have any right to the App and the functions offered being available at all times or to a specific availability being guaranteed by Vertiv. Vertiv is not obliged to ensure that the App can be accessed at all times without any interruptions or faults, and does not assume any liability for this.

9.2 If you notify Vertiv of any defect or fault in the App, as a result of which it fails to perform in accordance with the documents provided with the App (such as instructions and manuals) in all material respects, Vertiv will investigate this and try to repair the defect or fault. Please note that, in some cases, repairing a fault or defect may require you to install an update that Vertiv provides to you. You can uninstall or remove the App from your device if you no longer wish to use it.

9.3 It may be that the App is not available in the following cases, for example:

(a) if the defect or fault in the App provided via the App results from you having amended or modified the App (including its software or content) or in any way used the App outside the scope of its normal and intended access and its intended usage;

(b) if the defect or fault in the App results from an issue with your device,

(c) in case of technical malfunctions.

10. EXCLUSION OF LIABILITY

10.1 Vertiv does not make any guarantees or representations other than those explicitly mentioned in these Terms of Use.

10.2 The App has not been developed to meet your individual needs. Please check that the facilities and functions of the App (as described in the App Store) meet your needs.

10.3 Where the App links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Vertiv of those linked websites or information you may obtain from them. Vertiv has no control over the content of these websites or resources.

10.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT ANY RISK AS TO QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS YOUR RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED AND APPLICABLE BY LAW, THE APPLICATION, AND SERVICES PROVIDED OR PROVIDED BY THE APPLICATION (THE "SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS AND WITHOUT WARRANTY OF ANY KIND, AND VERTIV HEREBY DECLINES ANY WARRANTY OR CONDITION WITH REGARDS TO THE APPLICATION AND THE SERVICES, WHETHER EXPRESS, IMPLIED OR LEGAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF COMMERCIALIZATION, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VERTIV PROVIDES NO GUARANTEE AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, NOR DOES IT GUARANTEE THAT THE FUNCTIONS CONTAINED OR SERVICES EXECUTED OR PROVIDED BY THE APPLICATION COMPLY WITH YOUR REQUIREMENTS. VERTIV DOES NOT GUARANTEE THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, OR THAT ANY DEFECTS OR ERRORS IN THE APPLICATION OR ITS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERTIV OR ITS AUTHORIZED REPRESENTATIVES SHALL BE DEEMED TO CREATE A WARRANTY. IN THE EVENT THAT THE APPLICATION OR SERVICES ARE FOUND TO BE DEFECTIVE, YOU ASSUME THE TOTAL COST OF ALL NECESSARY SERVICES, AS WELL AS ANY REPAIR OR CORRECTION. IN NO EVENT, VERTIV OR ITS REPRESENTATIVES SHALL BE HELD LIABLE FOR THE BENEFIT OF YOU OR ANY OTHER THIRD PARTIES FOR ANY INDIRECT, CONSEQUENTIAL OR ACCIDENTAL DAMAGE, INCLUDING LOSS OF PROFIT OR LOSS OF DATA, ANY REPUTATIONAL OR MORAL DAMAGE OR DAMAGE TO BUSINESS REPUTATION SUFFERED IN CONNECTION WITH USE OF APPLICATION, ITS CONTENT OR OTHER MATERIALS TO WHICH YOU OR ANY OTHER INDIVIDUALS GAIN ACCESS, EVEN IF VERTIV HAS WARNED OR INFORMED YOU ABOUT THE POSSIBILITY OF SUCH DAMAGE.

11. TRANSFER OF RIGHTS AND OBLIGATIONS TO THIRD PARTIES

11.1 Vertiv may transfer its rights and obligations under these Terms of Use to a third party. In this case, Vertiv will inform you in advance of the transfer to the third party accordingly in the App.

11.2 You may not transfer your rights and obligations under these Terms of Use to another party.

12. TERMINATION AND DISCONTINUATION OF USE OF THE APP

12.1 Either you or Vertiv may terminate these Terms of Use without notice at any time and without giving any reasons. If you terminate these Terms of Use, you can no longer use the App or call up the data and information stored in the App.

12.2 The termination of these Terms of Use will mean that

(a) your access to all the services within the App is revoked,

(b) you are prohibited from any further use of the App.

12.3 Changes to the Terms of Use

12.4 Vertiv reserves the right to change these Terms of Use. You will be informed of any changes to the Terms of Use within the App. The changes will become effective as soon as you accept the changed terms.

12.5 Furthermore, Vertiv reserves the right to change the Terms of Use without seeking the separate consent of the User

(a) if the change to the Terms of Use is only advantageous for the User;

(b) if the change relates solely to new services, functionalities or service components, and does not result in any change to the existing contractual and service relationship for the User;

(c) if the change is necessary to harmonise the Terms of Use with the applicable statutory requirements, in particular in the event of a change in the applicable legal situation, and if the change does not have any material detrimental effects on the User; or

(d) if Vertiv is obliged to implement the change in order to comply with a court judgment that is binding for Vertiv or with a binding decision by an authority, and if the change does not have any material detrimental effects on the User.

12.6 The User will be informed of such changes in the App.

13. MISCELLANEOUS (INCL. APPLICABLE LAW)

13.1 If any part of these Terms of Use is or becomes invalid or unenforceable, the remaining provisions will not be affected.

13.2 These Terms of Use, the User Terms of Use and any contractual or non-contractual disputes arising out of or in connection with the use of the App will be governed by and construed in accordance with Italian law.

14. GOVERNING LAW AND DISPUTE RESOLUTION

15. This Agreement shall be governed and construed in accordance with the laws of Italy. All issues not regulated by this Agreement shall be governed by the laws of Italy. In case of any disputes or disagreements related to the implementation of this Agreement, You and VERTIV shall use their best efforts to settle such disputes by negotiation. If any dispute may not be settled by negotiation, such dispute shall be settled by the court of Padua.

16. CONTACT

17. Any inquiries, proposals, and claims from individuals and legal entities addressed to VERTIV in connection with this Agreement and any issues regarding the functioning of the App, infringement of rights and interests of third parties while using the App, and requests from persons authorized in accordance with the laws of Italy shall be sent to Contact@Vertiv.com.