10.1 Applicability. This Section 10 applies only to customers who purchase licenses and subscriptions to the support program through an authorized channel partner. If the customer is not sure that this section applies to their purchase, the customer should contact InfluxData for more information. 3.1 Payment. All payments are non-refundable (except for provisions expressly provided for in this agreement) and are made in U.S. dollars. Unless otherwise stated on the corresponding order form, all professional service fees, training fees and installation fees are due within 30 days of NT`s invoice. The subscription fee is payable as follows: (a) for each initial subscription period as part of an order form within thirty (30) days of this order form coming into effect, unless otherwise stated, and (b) for each extension period within thirty (30) days of NT`s bill for renewal subscription fees. NT will send these renewal invoices at least thirty (30) days before the current subscription period expires. The customer is responsible for all taxes, deductions, taxes and levies derived from the order (excluding taxes based on NT`s net income). In the event of a late payment, the service charge is 1.5% per month of the amount owed or the maximum amount allowed by law, less depending on the case. 7.1 Defence and compensation.

If a third party argues against the customer that the software, in the form that InfluxData made available to the customer, violates an existing patent or trademark under U.S. or Canadian law, or infringes copyright or results from a misappropriation of the business secrets of those third parties by InfluxData (a “collective violation”), then , after notification of such a claim, InfluxData will defend the customer at its own cost and expense against this claim and all related third-party proceedings against the customer. InfluxData frees customers from damages (including taxes, fees, fines, penalties and interest) (together “damages”) that the customer must pay to the third party as a result of the violation. The obligations of InfluxData under this section 7.1 are conditional on the client`s compliance with the “conditions of compensation” (defined below). “conditions of compensation” the following obligations of a party entitled to defend or compensate under this agreement: (i) the compensated party notifies in writing to the compensated party any claim that may be compensated immediately after an executive officer of the compensated party or member of the legal division of the disin tuned party is aware of the request for a pre-notification , provided, however, that the compensation party does not release the compensating part of its obligations. , unless such an omission significantly affects the defence of the claim, unless the delay has caused harm to the party in compensation; (ii) the compensated party obtains primary control of the defence and settlement of the claim (subject to the above, the unscathed party may nevertheless participate in the defence at its sole cost and costs); (iii) the compensated party does not recognize itself in liability (except under current legislation) and proceeds with a transaction without the prior written consent of the defusing party; (iv) the compensated party provides such support to the defence of the proceedings which the compensated party can reasonably demand at the reasonable costs of the compensated party; and v) the compensated party complies with all procedural orders or reasonable transactions that are made in connection with the proceedings.


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