Vaidlustus

Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR AWS Distributor Addendum (Cover Page) This AWS Distributor Addendum (this “Addendum”) supplements the Agreement (as defined in Section 10), is effective as of the addendum effective date (“Addendum Effective Date”) specified on this cover page (“Cover Page”), and is entered into by the AWS Contracting Parties, (collectively, “AWS”) and the distributor specified on this Cover Page (“Distributor”). In consideration of the mutual promises contained in this Addendum, Distributor agrees to the terms of this Addendum as of the Addendum Effective Date. Distributor: Crayon Group AS Tax Registration Number: 981125592 Attention for Legal Notices: Pascal Hungerbühler Email for Legal Notices: [email protected] Phone number for Legal Notices: Phone: 4531667178 Distributor Address: Gullhaug Torg 5, 0484 OSLO Distributor Signatory ("you"): Name: Melissa Ann Mulholland Email: [email protected] Territory: European Economic Area and Switzerland For all of the above, excluding any country where AWS does not allow customers to sign up for the Authorized Services or the Services to be sold generally Resale Models: End Customer Account Model Distributor Account Model Addendum Effective Date: The first day of the month following the date you click to accept the terms of this Addendum Effective Date of MNDA: November 9, 2015 By entering into this Addendum on behalf of the Distributor, you and Distributor represent and warrant that you have the legal authority to bind the Distributor. AWS Distributor Addendum Page 1 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR 1. AWS Distributor Program. 1.1 Authorization. (a) Distributor. AWS authorizes Distributor to resell Authorized Services (i) to Distribution Sellers who have executed an AWS Distribution Seller Agreement with AWS pursuant to Section 1.7, and (ii) to Technology Engagement Partners (not other End Customers), and in each case, in the Territory, using Program Accounts associated with a geographic location that corresponds to an AWS Contracting Party that is party to this Addendum, as set forth in Section 9.7, and solely as part of a Solution. (b) Distribution Sellers. Distributor must obtain written approval from AWS (which may be via email) that each Distribution Seller is located in a country approved by AWS and has met the applicable requirements in the Distributor Program Terms before Distributor resells Authorized Services to that Distribution Seller. 1.2 Distributor Resale Models. There are two resale models for resale under this Addendum, described in Sections 1.3 and 1.4. Distributor is only authorized for the resale model(s) specified on the Cover Page. 1.3 End Customer Account Model. If Distributor is authorized to operate under the End Customer Account Model, then the following provisions apply: (a) End Customer Accounts. End Customer’s Services Agreement (and not the Agreement) governs access to and use of the Services under End Customer Accounts, except for fees, payment, pricing, and tax terms for use of the Services, which are superseded by such terms set forth in Distributor’s or the relevant Seller’s (as applicable) agreement with End Customer. Distributor will designate End Customers’ AWS accounts as End Customer Accounts pursuant to the Distributor Program Terms. (b) Distributor’s Agreements with Distribution Sellers and Technology Engagement Partners. Distributor must separately agree, without any involvement of AWS, to terms and conditions with each Distribution Seller and Technology Engagement Partner (as applicable), that (i) do not prevent AWS and Distributor from exercising their rights and performing their obligations under this Addendum, and (ii) include fees, payment, pricing, and tax terms for use of the Solution(s). Distributor will not, and will ensure Sellers will not, prevent AWS and End Customer from exercising their rights and performing their obligations under the then-current End Customer’s Services Agreement and will ensure that each applicable Technology Engagement Partner reviews the information available at https://distribution-program-legal-documents.s3-us-west-2.amazonaws.com/AWS+Distribution+Program+- +Program+Guide+for+End+Customers.pdf (and any successor locations designated by AWS), as may be updated by AWS from time to time. (c) AWS Interaction with End Customers. Distributor acknowledges that AWS has the right to (i) directly communicate and interact with each End Customer without Distributor’s participation, and (ii) terminate an End Customer’s ability to access and use the Authorized Services in accordance with the terms of End Customer’s Services Agreement. 1.4 Distributor Account Model. If Distributor is authorized to operate under the Distributor Account Model, then the following provisions apply: (a) Distributor Accounts. The Agreement governs all access to and use of the Services under Distributor Accounts. Distributor will designate its AWS accounts as Distributor Accounts pursuant to the Distributor Program Terms. (b) Sellers’ and End Customers’ Access to and Use of Services. Distributor is permitted to provide Sellers and End Customers with access to and use of Authorized Services via Distributor Accounts solely in accordance with the Distributor Program Terms and as End Users under the Agreement. AWS Distributor Addendum Page 2 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR (c) Distributor’s Agreements with Distribution Sellers and Technology Engagement Partners. Distributor will ensure its agreement with each Distribution Seller and Technology Engagement Partner (as applicable), and each Seller’s agreement with the Entity to which Seller resells Authorized Services (i) are consistent with the terms of the Agreement and (ii) do not prevent AWS and Distributor from exercising their rights and performing their obligations under the Agreement (as amended by this Addendum). (d) Indemnification of AWS. Distributor will defend, indemnify, and hold harmless AWS, its Affiliates, and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising from or related to any claim by any End Customer or User under Distributor Accounts. 1.5 Changes to Authorization. AWS may, in its sole discretion with at least 30 days’ advance Notice to Distributor, remove from the scope of Distributor’s authorization under this Addendum: (a) the resale model(s) specified on the Cover Page; (b) any state, country, or region from the Territory; (c) any Authorized Service; or (d) any Distribution Seller if (i) the Distribution Seller or any Seller that resells Authorized Services that were resold by such Distribution Seller (A) violates applicable law, (B) exposes or threatens to expose AWS to any material liability, or (C) ceases to operate in the ordinary course, makes an assignment for the benefit of creditors or similar disposition of assets, or becomes insolvent; or (ii) necessary to comply with applicable law or requests of governmental entities; or (iii) there is a material change in or transfer of Distribution Seller’s management, ownership, control, or business operations, or Distribution Seller becomes affiliated, through common management, ownership, or control, with any Entity that is unacceptable to AWS. Notwithstanding the foregoing, AWS will not be required to provide advance Notice if the removal in clause (a), (b), (c), or (d) is necessary to (x) address an emergency or threat to the security or integrity of AWS, (y) respond to claims, litigation, or loss of license rights related to third party intellectual property rights, or (z) comply with applicable law or requests of a government entity. If AWS removes a resale model, Distributor will immediately stop reselling Authorized Services under such removed resale model to new Distribution Sellers or new Technology Engagement Partners and any new Authorized Services to existing Distribution Sellers or existing Technology Engagement Partners under the removed resale model. If AWS removes a state, country, or region from the Territory, Distributor will stop and will ensure Sellers will stop designating any new Program Accounts for End Customers located in the removed state, country, or region. However, Distributor and Sellers may continue to use for resale previously designated Program Accounts located in the removed state, country, or region, except where in such removed state, country, or region, AWS no longer permits resale of the Authorized Services generally or determines discontinuation of such use is necessary to comply with applicable law. If AWS removes a Distribution Seller, Distributor will immediately stop reselling Authorized Services to that Distribution Seller, and will ensure that any Seller that resells Authorized Services that were resold by that Distribution Seller, immediately stops reselling Authorized Services. If AWS removes any Authorized Service from the scope of Distributor’s authorization under this Addendum, Distributor will, and will ensure Sellers will, immediately stop reselling the removed Authorized Service. 1.6 Public Sector Distribution Sellers. Distributor and Sellers may resell Authorized Services to Public Sector Distribution Sellers solely as part of a Solution and only in accordance with any Public Sector Authorization(s) authorizing such resale. Distributor may not resell Authorized Services directly to Public Sector End Customers. 1.7 AWS Distribution Seller Agreements. Distributor will ensure that each Distribution Seller executes an AWS Distribution Seller Agreement with AWS. Distributor is solely responsible for breach of this Addendum due to its resale of Authorized Services to a Distribution Seller who has not executed an AWS Distribution Seller Agreement AWS Distributor Addendum Page 3 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR with AWS. Distributor will not prevent AWS and Distribution Seller from exercising their rights and performing their obligations under the AWS Distribution Seller Agreement. 2. Distributor Obligations. 2.1 Distributor Program Terms and Distributor Conduct. Distributor must, and must ensure Sellers: (a) meet the applicable requirements in and comply with the Distributor Program Terms; (b) comply with all applicable laws involving the resale activities and performance under this Addendum; and (c) obtain all necessary consents to allow AWS to collect, process, and use in accordance with the Privacy Notice, any personal information transferred to AWS by Distributor. 2.2 Verification of Compliance. During the Addendum Term and for two years afterward, Distributor will maintain, and will cause Sellers to maintain, complete and accurate books and records sufficient to verify its compliance with the relevant obligations in this Addendum and the Distributor Program Terms. During the Addendum Term and for two years afterward, Distributor will ensure that AWS and its designated representatives may, upon at least 10 business days’ prior Notice from AWS, inspect Distributor’s or Seller’s books and records for the purposes of verifying Distributor’s or Seller’s compliance with the relevant obligations in this Addendum and the Distributor Program Terms (“Review”). If the Review reveals material non-compliance with this Addendum by Distributor or Sellers, Distributor will reimburse AWS for the cost of the Review within 10 days of its receipt of Notice from AWS and correct the non-compliance. 2.3 No Representations. Distributor will not, and will ensure Sellers will not, (a) make any representations, warranties, or guarantees to Sellers, End Customers, or any other third party with respect to the Authorized Services, or (b) hold itself out as an agent or representative of AWS. 2.4 End Customer Notices. Distributor will ensure any Notice it receives from AWS regarding the Authorized Services that may affect an End Customer (including (a) Notices of a service interruption, a service suspension, the termination of a Program Account, or a violation of the Acceptable Use Policy, or (b) Notices pursuant to the Digital Millennium Copyright Act or any other applicable law) is promptly forwarded to such End Customer. Upon AWS’s request, Distributor will provide reasonable assistance to AWS in connection with removing or disabling access to Distributor Content that violates the Acceptable Use Policy. 3. Advertising and Proprietary Rights. 3.1 Advertising Materials. Distributor will ensure, and will ensure Sellers will ensure, that all Advertising Materials will comply, in all material respects, with the Agreement (as amended by this Addendum), including the Distributor Program Terms. 3.2 AWS Marks. The AWS Trademark Guidelines apply to Distributor’s use of the AWS Marks in and on the Advertising Materials, in addition to the terms of the Agreement (as amended by this Addendum), including the Distributor Program Terms. 4. Payments and Discount. 4.1 Fees and Payments. Distributor will pay AWS the AWS Fees, in accordance with the payment terms in the Agreement. AWS Distributor Addendum Page 4 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR 4.2 Discount Eligibility. If Distributor (a) fails to meet the Minimum Fee Threshold, the monthly reporting requirements, or any other requirements in this Addendum or the Distributor Program Terms, (b) intentionally circumvents (as determined by AWS in its sole discretion) the purpose of the Distribution Program or various discounts and incentives in the Distribution Program Discount Guide (as defined in the Distributor Program Terms), or (c) resells Services that are not Authorized Services, AWS may elect, in its sole discretion, not to apply the Discount (in whole or in part) to the Program Management Account affected by such behavior for the number of months during which such behavior occurred and continues to occur. 4.3 Temporary Limitation for Non-Payment. AWS may temporarily limit (in full or in part) Distributor’s, any Seller’s, any End Customer’s, or any User’s right to access or use the Services via Program Management Accounts or Program Accounts (as applicable), upon Notice to Distributor if Distributor is in breach of its payment obligations under Section 4.1. Distributor remains responsible for all fees and charges for the Services during the period of limitation. 5. Term and Termination. 5.1 Addendum Term. The term of this Addendum will commence on the Addendum Effective Date and will remain in effect until terminated pursuant to Section 5 of this Addendum. Any termination of this Addendum will be without prejudice to any other rights or remedies a party has under the Agreement. 5.2 Termination. (a) Termination for Convenience. Distributor or AWS can terminate this Addendum for any reason, at any time, by providing the other at least 90 days’ advance Notice. (b) Termination for Cause. (i) By Distributor or AWS. Either Distributor or AWS can terminate this Addendum for cause immediately upon Notice if the other is in material breach of the Agreement (as amended by this Addendum) and the breach remains uncured for 30 days from receipt by the breaching party of Notice of its breach. (ii) By AWS. AWS can terminate this Addendum immediately upon Notice if (A) Distributor (I) violates applicable law, (II) exposes or threatens to expose AWS to any material liability, or (III) ceases to operate in the ordinary course, makes an assignment for the benefit of creditors or similar disposition of assets, or becomes insolvent; or (B) necessary to comply with applicable law or requests of governmental entities; or (C) there is a material change in or transfer of Distributor’s management, ownership, control, or business operations. (c) Termination of Agreement. This Addendum will automatically terminate upon any termination of the Agreement. 5.3 Notice of Termination. Any Notice of termination of this Addendum will include the Addendum Termination Date. Upon any Notice of termination of this Addendum or the Agreement, Distributor will not designate any new Program Accounts. 5.4 Effect of Termination. Upon the Addendum Termination Date: (a) except as provided in Section 5.5(b), all of Distributor’s rights under this Addendum and the Distributor Program Terms will immediately terminate; (b) Distributor remains responsible for all fees and charges incurred by Program Accounts up to and including the Addendum Termination Date; and AWS Distributor Addendum Page 5 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR (c) Sections 1.4(d), 2.2, 2.3, 2.4, 3, 4, 5.3, 5.4, 5.5, and 6 through 10 will continue to apply in accordance with their terms. 5.5 Transition (a) Upon Notice of termination of this Addendum or Notice of any change in authorization that results in an End Customer no longer being able to purchase all Authorized Services from Distributor or a Seller, (i) Distributor will immediately provide to AWS the point of contact name and contact information (including telephone number and email address) and AWS account IDs associated with the Program Accounts for each affected End Customer, in order to allow AWS to contact such End Customers; and (ii) Distributor and AWS will cooperate to develop a transition plan for affected End Customers. Upon End Customer’s request, on or before the Addendum Termination Date Distributor will take all actions requested by AWS to facilitate an orderly and seamless End Customer transition and migration (A) from Distributor or the relevant Seller to AWS or to another Entity reselling Authorized Services or (B) to a different resale model (if available), in each case including as appropriate assigning Program Management Accounts or Distributor Accounts to End Customer or to another Entity reselling Authorized Services. (b) Distributor may continue to provide the Authorized Services to Technology Engagement Partners and Distribution Sellers in accordance with this Addendum during the 30-day period following the Addendum Termination Date, provided that (i) Distributor is and remains in compliance with this Addendum; (ii) a transition plan is agreed between Distributor and AWS; (iii) AWS is satisfied in its sole discretion that it will be paid for those Authorized Services; and (iv) such continued provision of the Authorized Services does not violate law. 6. Indemnification. 6.1 Indemnification of AWS. Distributor will defend, indemnify, and hold harmless AWS, its Affiliates, and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising from or related to: (a) any third party claim concerning (i) Distributor’s products or services or a third party’s products or services offered by Distributor; (ii) a breach by Distributor of this Addendum(except to the extent the breach is caused by a failure of Sellers); (iii) a violation by Distributor of any applicable law in Distributor’s resale activities under this Addendum; (iv) false or misleading Advertising Materials, or Distributor’s failure to meet any promises, obligations, representations, or warranties that it has made in relation to any Solution; (v) the infringement or misappropriation of any third party intellectual property rights by any Advertising Materials developed or created by or on behalf of Distributor; (vi) taxes, fees, interest, or penalties imposed on AWS as a consequence of Distributor’s resale of the Services; or (vii) a dispute between Distributor and any Seller or End Customer; or (b) any claim by any Entity reselling Authorized Services on Distributor’s behalf. 6.2 Process. The process for indemnification claims under this Addendum will be as set forth in the Agreement. AWS Distributor Addendum Page 6 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR 7. Relationship of the Parties. 7.1 Nonexclusive. The rights granted to Distributor under this Addendum are nonexclusive. AWS reserves the right to (a) itself act as a seller of the Authorized Services, and (b) authorize third parties to resell the Authorized Services. Distributor acknowledges and agrees that AWS is not certifying or endorsing, and has no obligation to certify or endorse, any Solution. 7.2 No Revenue Guarantee. Distributor acknowledges and agrees that: (a) it has no expectation and has received no assurances (i) that its business relationship with AWS or AWS’s Affiliates will continue beyond the Addendum Term, (ii) that any investment by it in connection with this Addendum will be recovered or recouped, or (iii) that it will obtain any anticipated amount of profits or revenue; and (b) it will not have or acquire by virtue of this Addendum or otherwise any vested, proprietary, or other right in the promotion of any products or services provided by AWS or AWS’s Affiliates or in any goodwill created by its efforts. 8. Limitations of Liability. 8.1 Liability Disclaimers. EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTIONS 6 AND 1.4(D), (A) THE LIABILITY DISCLAIMERS IN THE AGREEMENT APPLY TO THIS ADDENDUM, AND IN ADDITION (B) NEITHER AWS NOR DISTRIBUTOR, NOR ANY OF THEIR AFFILIATES OR LICENSORS WILL HAVE LIABILITY TO THE OTHER UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF AWS OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR (I) THE VALUE OF DISTRIBUTOR CONTENT, OR (II) INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY DISTRIBUTOR RELATED TO THIS ADDENDUM. 8.2 Damages Cap. EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTIONS 6 AND 1.4(D), THE DAMAGES CAP IN THE AGREEMENT APPLIES TO THIS ADDENDUM. IN ADDITION, (A) ANY CALCULATION OF THE DAMAGES CAP AS APPLIED TO DISTRIBUTOR’S AWS ACCOUNTS THAT ARE NOT PROGRAM ACCOUNTS WILL NOT INCLUDE AMOUNTS PAID BY DISTRIBUTOR TO AWS UNDER THIS ADDENDUM FOR PROGRAM ACCOUNTS; (B) EXCEPT FOR PAYMENT OBLIGATIONS ARISING UNDER SECTIONS 6 AND 1.4(D), THE AGGREGATE LIABILITY OF EITHER AWS OR DISTRIBUTOR AND ANY OF THEIR RESPECTIVE AFFILIATES OR LICENSORS FOR DISTRIBUTOR ACCOUNTS WILL NOT EXCEED THE AMOUNTS PAID BY DISTRIBUTOR TO AWS UNDER THIS ADDENDUM ON BEHALF OF THE END CUSTOMER WHOSE DISTRIBUTOR ACCOUNT(S) GAVE RISE TO THE LIABILITY DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE; AND (C) THE SOLE LIABILITY OF AWS AND ITS LICENSORS TO DISTRIBUTOR FOR END CUSTOMER ACCOUNTS WILL BE FOR AWS TO PROVIDE DISTRIBUTOR WITH THE DISCOUNT, SUBJECT TO SECTION 4.2. 8.3 Certain Limitations. NOTHING IN THIS SECTION 8 WILL LIMIT DISTRIBUTOR’S OBLIGATION PURSUANT TO SECTION 4.1 TO PAY AWS FOR THE USE OF SERVICES UNDER PROGRAM ACCOUNTS, OR ANY OTHER PAYMENT OBLIGATIONS UNDER THIS ADDENDUM. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 8 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 9. Miscellaneous. 9.1 Nondisclosure. AWS Data and the terms of this Addendum are not publicly known and constitute confidential information under the MNDA. AWS Distributor Addendum Page 7 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR 9.2 Trade Compliance and Anti-Bribery. (a) Trade Compliance. In connection with the Agreement, Distributor will comply with (and will cause any Seller to comply with) all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. (b) Anti-Bribery. Distributor acknowledges, and will cause Sellers to acknowledge, that Amazon.com’s then-current Code of Business Conduct and Ethics posted at https://ir.aboutamazon.com/corporate- governance/documents-and-charters/code-of-business-conduct-and-ethics/default.aspx (the “Code”) prohibits the paying of bribes to anyone for any reason, whether in dealings with governments or the private sector. Distributor will not (and will ensure Sellers will not) violate or knowingly permit anyone to violate the Code’s prohibition on bribery or any applicable anti-corruption laws in performance under this Addendum (or with respect to Sellers, in connection with their resale of Authorized Services). AWS may immediately terminate or suspend performance (in whole or in part) under this Addendum if Distributor or Seller breaches this Section 9.2(b). During the Addendum Term and for two years afterward, Distributor will maintain, and will cause Sellers to maintain, true, accurate, and complete books and records concerning any payments made to another party (including to AWS) by Distributor under this Addendum or, with respect to Sellers, in connection with their resale of Authorized Services. During the Addendum Term and for two years afterward, Distributor will ensure that AWS and its designated representatives may inspect Distributor’s or Seller’s books and records to verify such payments. 9.3 Electronic Notice. Notwithstanding anything in the Agreement to the contrary, AWS can provide notice to Distributor: (a) under Section 2.4 by (i) sending a message to the email address then associated with at least one Program Management Account (or such other email address as agreed upon by the parties), or (ii) posting a notice on the AWS Site and (b) under Sections 1.5, 2.2 or 3.2 by sending a message to the email address then associated with at least one Program Management Account (or such other email address as agreed upon by the parties). Any notices provided by posting on the AWS Site will be effective upon posting and notices provided by email will be effective when AWS sends the email. 9.4 No Third Party Beneficiaries; Affiliates. Except as set forth in Sections 6 and 1.4(d), this Addendum does not create any third party beneficiary rights in any individual or entity that is not a party to this Addendum. Notwithstanding anything in the Agreement to the contrary, this Addendum will not apply to any Affiliates permitted to use the Services under its own AWS accounts under the terms of the Agreement. 9.5 Entire Agreement; Conflict. This Addendum incorporates the Distributor Program Terms and the Discount Guide (as defined in the Distributor Program Terms). Except as amended by this Addendum, the Agreement will remain in full force and effect. With respect to the subject matter hereof, the Agreement (as amended by this Addendum) (a) is intended by the parties as a final, complete, and exclusive expression of the terms of their agreement; and (b) supersedes all prior agreements and understandings (whether oral or written) between the parties. If and to the extent of a conflict, the Agreement (as amended by this Addendum) will prevail over the Distributor Program Terms. 9.6 Counterparts and Facsimile Delivery. This Addendum can be executed by electronic signature or facsimile, and in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. 9.7 Addition of AWS Contracting Parties. The AWS Contracting Party for each Program Management Account or Program Account is solely responsible for all of AWS’s obligations under this Addendum for each such Program Management Account or Program Account. If the geographic location associated with a Program Management Account or Program Account is set or changed to a location that corresponds to an entity on the AWS AWS Distributor Addendum Page 8 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR Contracting Party Site that is not yet a party to the Agreement, then unless AWS notifies Distributor that such entity does not consent to the terms of the Agreement, such entity will be added to this Addendum as an AWS Contracting Party as of the date of the setting or change. 10. Definitions. When used in this Addendum, the following terms have the meanings specified below. Capitalized terms not defined below will have the meaning provided in the Agreement. “Addendum Effective Date” has the meaning set forth on the Cover Page. “Addendum Term” means the term of this Addendum as described in Section 5.1. “Addendum Termination Date” means the effective date of termination provided in a Notice in accordance with Section 5. “Advertising Materials” means, collectively, any promotional, marketing, advertising, or other materials, related to or used in connection with a Solution that include references to the Authorized Services or AWS. “Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with that party. “Agreement” means the AWS Customer Agreement or other written agreement by and between AWS and Distributor governing Distributor’s access to and use of the Services. “APN” means AWS Partner Network. “APN Partner Central” is the APN section of the then-current AWS Site available only to APN partners, located at https://aws.amazon.com/partners/apn-portal/ (and any successor locations designated by AWS), as may be updated by AWS from time to time. “Authorized Distributor” means an Entity with whom AWS has a distribution agreement in place authorizing the resale of Authorized Services for further resale. “Authorized Services” means the then-current Services that Distributor is authorized by AWS to resell, as set forth at https://s3-us-west-2.amazonaws.com/solution-provider-program-legal- documents/Solution+Provider+Program+List+of+Services.pdf (and any successor locations designated by AWS), as may be updated by AWS from time to time. “AWS Contracting Party” means each entity identified on the AWS Contracting Party Site that is or becomes a party to the Agreement. “AWS Contracting Party Site” means the then-current website located at https://aws.amazon.com/legal/aws- contracting-party (and any successor locations designated by AWS), as may be updated by AWS from time to time. “AWS Customer Agreement” means the then-current AWS’s standard user agreement located at http://aws.amazon.com/agreement (and any successor locations designated by AWS), as may be updated by AWS from time to time. “AWS Data” means (a) Program Account numbers; (b) usage data, log-in credentials and private keys, and encryption keys related to Program Accounts; (c) information about End Customers that End Customers provide to AWS in the creation or administration of Program Accounts (including names, usernames, phone numbers, email addresses, and billing information); (d) AWS Network data; (e) sales data; and (f) other nonpublic information regarding the sale or use of Authorized Services. AWS Distributor Addendum Page 9 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR “AWS Distribution Seller Agreement” means an agreement between AWS and Distribution Seller in a form provided by AWS, as may be updated by AWS from time to time. “AWS Fees” means, for a given invoice period, the total amount of fees, net of any Discount, incurred by all Program Accounts for the Services. “AWS Network” means data center facilities, servers, networking equipment, storage media, and host software systems of AWS (e.g., virtual firewalls) that are within the control of AWS and are used to provide the Services. “AWS Trademark Guidelines” means the guidelines and trademark license located at http://aws.amazon.com/trademark-guidelines/ (and any successor locations), as may be updated from time to time. “Discount” means the total percentage discount that is to be applied to the AWS fees for Authorized Services under this Addendum, as described on APN Partner Central. “Distribution Seller” means an Entity that purchases Authorized Services from Distributor for further resale. “Distributor Account” means Distributor’s AWS account, designated as a Distributor Account in accordance with the Distributor Program Terms, through which Authorized Services are provided by Distributor. “Distributor Account Model” means the resale model described in Section 1.4. “Distributor Content” means any Content that Distributor, any Seller, any End Customer, or any User transfers to AWS for processing, storage, or hosting by the Services in connection with a Program Account and any computational results that Distributor, any Seller, any End Customer, or any User derive from the foregoing through its use of the Services. For example, Distributor Content includes Content that Distributor, any Seller, any End Customer, or any User stores in Amazon Simple Storage Service. Distributor Content does not include Account Information. “Distributor Program Terms” means the then-current information, obligations, and requirements for Authorized Distributors, set forth at https://partnercentral.awspartner.com/sfc/#version?selectedDocumentId=0690L000004lvR2 (and any successor locations designated by AWS), as may be updated by AWS from time to time. “EEA” or “European Economic Area” means the signatory nations to the Treaty on European Union and the Agreement on the European Economic Area, as it may be amended from time to time. For purposes of this Addendum, the EEA also includes Switzerland. “End Customer” means an Entity who purchases Authorized Services from Distributor or a Seller for its internal use, not for sale to a third party. “End Customer Account” means an End Customer’s AWS account, designated as an End Customer Account in accordance with the Distributor Program Terms, through which Authorized Services are provided by Distributor or a Seller to such End Customer. “End Customer Account Model” means the resale model described in Section 1.3. “End Customer’s Services Agreement” means the AWS Customer Agreement, or other written agreement by and between AWS and End Customer governing End Customer’s access to and use of the Services. “Entity” means any natural person, corporation, limited liability company, partnership, trust, governmental authority, or other entity or body, corporate or incorporate, whether or not having distinct legal personality. “Minimum Fee Threshold” means the minimum amount of AWS Fees that must be incurred in order for Distributor to be eligible for the Discount, as indicated in the Distributor Program Terms. AWS Distributor Addendum Page 10 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR “MNDA” means the Mutual Nondisclosure Agreement between Distributor and Amazon Web Services EMEA SARL, dated as of the date indicated on the Cover Page. “Notice” means any notice provided in accordance with the notice provisions in the Agreement (as amended by this Addendum). “Privacy Notice” means the then-current privacy notice located at http://aws.amazon.com/privacy (and any successor locations designated by AWS), as may be updated by AWS from time to time. “Program Accounts” means End Customer Accounts and Distributor Accounts. “Program Management Account” has the meaning given in the Distributor Program Terms. “Public Sector Authorization(s)” means the terms and conditions of one or more agreements subject to this Addendum that relate to Distributor’s resale of Authorized Services to Public Sector Distribution Sellers. AWS may issue a Public Sector Authorization as described in the Distributor Program Terms. “Public Sector Distribution Seller” means a Seller that resells Authorized Services to Public Sector End Customers. “Public Sector End Customer” means an End Customer that is an agency, organization, or other Entity that is within (or is substantially owned, funded, managed or controlled by): (a) the executive, legislative, or judicial branches of any government within the U.S. (federal, state or local) and its territories; or by any other country’s government at any level; (b) a quasi-governmental Entity (such as the World Bank); (c) an international governing/regulatory body (such as an EU institution); (d) a publicly funded institution (such as a college, university, or hospitals); or (e) a higher-tier prime contractor, consultant, or other Entity working in support of the foregoing. All requirements and restrictions in this Addendum relating to End Customers also apply to Public Sector End Customers, unless provided otherwise in a Public Sector Authorization. “Seller” means an Entity that resells Authorized Services that were resold by Distributor. “Solution” means one or more products or services offered by Distributor in connection with the resale of Authorized Services. “Solution Provider” means Distributor. “Solution Provider Account” means Distributor Account. “Technology Engagement Partner” means an End Customer who is an AWS Partner with a Distributor engagement type listed in APN Partner Central as “Technology.” Technology Engagement Partners must meet the AWS Partner Software Path or Hardware Path requirements set forth at https://aws.amazon.com/partners/paths/ (and any successor locations designated by us), as may be updated by AWS from time to time. “Territory” means the territory or territories set forth in the “Territory” area on the Cover Page (as amended by AWS from time to time), where End Customers may be located. “User” means any individual or entity that directly or indirectly through another user (a) accesses or uses Distributor Content or (b) otherwise accesses or uses the Services under a Program Account. The term User does not include AWS Distributor Addendum Page 11 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR individuals or entities when they are accessing or using the Services or any Content under their own AWS account, rather than under a Program Account. [The remainder of this page is left intentionally blank] AWS Distributor Addendum Page 12 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR EXHIBIT A SPECIAL PROVISIONS FOR CERTAIN JURISDICTIONS 1. Special Provisions for Certain Jurisdictions. To the extent of a conflict between the Agreement and this Addendum, Exhibit A overrides the Agreement. Notwithstanding anything to the contrary contained in this Addendum: 1.1 Country-Specific Requirements. If the Distributor is located in Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Armenia, Bahamas, Bangladesh, Barbados, Benin, Bermuda (UK), Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, British Virgin Islands (UK), Brunei, Burkina Faso, Cabo Verde (Cape Verde), Cambodia, Cameroon, Cayman Islands (UK), Christmas Island (AU), Cocos (Keeling) Islands (AU), Colombia, Comoros, Cook Islands (NZ), Côte d'Ivoire, Curacao (NL), Djibouti, Dominica, Egypt, El Salvador, Ethiopia, Faroe Islands (DE), Fiji, French Guiana (FR), French Polynesia (FR), Gabon, Georgia, Ghana, Gibraltar (UK), Greenland (DE), Guadeloupe, Guatemala, Guernsey (UK), Guinea, Holy See, Honduras, Isle of Man (UK), Jersey (UK), Jordan, Kazakhstan, Kuwait, Laos, Lesotho, Liberia, Liechtenstein, Macau, Madagascar, Malawi, Maldives, Malta, Marshall Islands, Martinique (FR), Mauritania, Mauritius, Mayotte (FR), Moldova, Mongolia, Montenegro, Mozambique, Nepal, Netherlands, New Caledonia (FR), Nicaragua, Niger, Norfolk Island (AU), North Macedonia, Pakistan, Palau, Papua New Guinea, Paraguay, Réunion, Rwanda, San Marino, Sao Tome and Principe, Saudi Arabia, Seychelles, Sierra Leone, Sint Maarten (NL), St. Barthelemy (FR), St. Martin (FR), St. Pierre and Miquelon, St. Vincent and the Grenadines, Tanzania, Thailand, Tonga, Tunisia, Uganda, Ukraine (which excludes sanctioned areas), the United Arab Emirates (UAE), Uruguay, Wallis and Futuna, or Zambia, then the following provisions apply: (a) The laws of the State of Washington, without reference to conflict of law rules, govern this Addendum and any dispute of any sort that might arise between the parties. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Addendum. (b) Any controversy, dispute or claim arising under or in connection with this Addendum, including any question regarding its existence, validity or termination, will be referred to and finally resolved by international arbitration under the Rules of the American Arbitration Association which are incorporated by reference into this clause. The seat, or legal place, of arbitration will be King County, Washington, United States of America, and the arbitration will be conducted under the substantive law of the State of Washington. The language to be used in the arbitral proceedings will be English. Arbitration will be conducted by three arbitrators. (c) Notwithstanding the foregoing, any party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its Affiliates’ or any third party’s intellectual property or other proprietary rights. 1.2. Special Provisions for Territory of China. If the End Customers, as authorized, are located in China, the following provisions apply: A. Authorization. The following sentence is added to the end of Section 1.1 (“Authorization”) of the Distributor Addendum: “Authorized Services do not include the cloud services available through www.amazonaws.cn in AWS China (Beijing) region operated by Beijing Sinnet Technology Co., Ltd. or AWS China (Ningxia) region operated by Ningxia Western Cloud Data Technology Co., Ltd.” B. Governing Law and Arbitration. For Distributors located in all countries except Iceland and El Salvador, the following either deletes and replaces Exhibit A, Section 1.1 or is added to this Addendum (as applicable): AWS Distributor Addendum Page 13 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR (a) The laws of the State of Washington, without reference to conflict of law rules, govern this Addendum and any dispute of any sort that might arise between the parties. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Addendum. (b) Any controversy, dispute or claim arising under or in connection with this Addendum, including any question regarding its existence, validity or termination, will be referred to and finally resolved by international arbitration under the Rules of the American Arbitration Association which are incorporated by reference into this clause. Arbitrations administered under these rules shall only be administered by the American Arbitration Association or by an individual or organization authorized by the American Arbitration Association to do so. The seat, or legal place, of arbitration will be King County, Washington, United States of America, and the arbitration will be conducted under the substantive law of the State of Washington. The language to be used in the arbitral proceedings will be English. Arbitration will be conducted by three arbitrators. (c) Notwithstanding the foregoing, any party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its Affiliates’ or any third party’s intellectual property or other proprietary rights. 1.3 Country-Specific Requirements. If the Distributor is located in Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Bahamas, Barbados, Benin, Bermuda (UK), Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, British Virgin Islands (UK), Brunei, Burkina Faso, Cabo Verde (Cape Verde), Cameroon, Cayman Islands (UK), Christmas Island (AU), Cocos (Keeling) Islands (AU), Colombia, Comoros, Cook Islands (NZ), Côte d'Ivoire, Curacao (NL), Djibouti, Dominica, Ethiopia, Faroe Islands (DE), French Guiana (FR), French Polynesia (FR), Gabon, Georgia, Ghana, Gibraltar (UK), Greenland (DE), Guadeloupe, Guernsey (UK), Guinea, Holy See, Isle of Man (UK), Jersey (UK), Laos, Lebanon, Lesotho, Liberia, Liechtenstein, Macau, Madagascar, Malawi, Maldives, Malta, Marshall Islands, Martinique (FR), Mauritania, Mauritius, Mayotte (FR), Moldova, Mongolia, Montenegro, Mozambique, Nepal, New Caledonia (FR), Nicaragua, Niger, Norfolk Island (AU), North Macedonia, Palau, Papua New Guinea, Réunion, Rwanda, San Marino, Sao Tome and Principe, Seychelles, Sierra Leone, Sint Maarten (NL), St. Barthelemy (FR), St. Martin (FR), St. Pierre and Miquelon, St. Vincent and the Grenadines, Tanzania, Tonga, Tunisia, Uganda, Wallis and Futuna, or Zambia then the following additional provision applies: Acknowledgement and Waiver by Distributor. Each party is independent for all legal purposes, and each party acknowledges and agrees that it was not forced to enter into this Addendum. Distributor acknowledges and agrees that it freely negotiated the terms of this Addendum and that both it and its affiliates have enough economic stability and strength to negotiate and discuss the terms of this Addendum in conditions of equality. Moreover, Distributor hereby expressly acknowledges and agrees that any kind or type of remuneration it receives from the performance of this Addendum (a) constitutes its sole and exclusive compensation in connection with this Addendum, and (b) will be deemed to include, and be an advance of, any commercial severance payment or compensations that might be due to Distributor, in accordance with any law applicable to this Addendum. As Distributor finds the economic and legal terms of this Addendum to be fair, acceptable and profitable from a business viewpoint and taking into account its costs structure, it hereby forever waives any right to receive upon termination any compensation or indemnification. In particular, Distributor, in the legitimate exercise of contractual freedom and private autonomy, under the guidelines of good faith, hereby waives and renounces the right to receive any kind of severance payment established in any law deemed to be applicable to this Addendum. Neither party is, or will be deemed to be, the agent or legal representative of the other. Neither party shall have the authority to assume, create, AWS Distributor Addendum Page 14 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR or incur any third party liability or obligation of any kind, express or implied, against or on behalf of the other. 1.4 Country-Specific Requirements. If the Distributor is located in Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Bahamas, Barbados, Benin, Bermuda (UK), Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, British Virgin Islands (UK), Brunei, Burkina Faso, Cabo Verde (Cape Verde), Cameroon, Cayman Islands (UK), Christmas Island (AU), Cocos (Keeling) Islands (AU), Comoros, Cook Islands (NZ), Côte d'Ivoire, Curacao (NL), Djibouti, Dominica, Ethiopia, Faroe Islands (DE), French Guiana (FR), French Polynesia (FR), Gabon, Georgia, Ghana, Gibraltar (UK), Greenland (DE), Guadeloupe, Guatemala, Guernsey (UK), Guinea, Holy See, Honduras, Isle of Man (UK), Jersey (UK), Laos, Lesotho, Liberia, Liechtenstein, Macau, Madagascar, Malawi, Maldives, Malta, Marshall Islands, Martinique (FR), Mauritania, Mauritius, Mayotte (FR), Moldova, Mongolia, Montenegro, Mozambique, Nepal, New Caledonia (FR), Nicaragua, Niger, Norfolk Island (AU), North Macedonia, Palau, Papua New Guinea, Réunion, Rwanda, San Marino, Sao Tome and Principe, Seychelles, Sierra Leone, Sint Maarten (NL), St. Barthelemy (FR), St. Martin (FR), St. Pierre and Miquelon, St. Vincent and the Grenadines, Tanzania, Tonga, Tunisia, Uganda, Wallis and Futuna, or Zambia then the following additional provision applies: (a) Term. Section 5.1 (“Term”) of this Addendum is deleted and replaced with the following: “Section 5.1 Term. The term of this Addendum will commence on the Addendum Effective Date and will remain in effect for a term of three months. This Addendum will be automatically renewed for consecutive terms of three months, provided Distributor or AWS does not provide Notice to the other of the decision not to renew the Addendum at least 90 calendar days prior to the expiration of the initial term or any renewal term. The Distributor and AWS agree and understand that such communication of the decision not to renew will not be based on a specific cause, and the party’s unilateral decision will be sufficient cause for non-renewal of the contractual term. Subject to the terms of the Addendum, in case of non-renewal, the terminating party will not be liable for compensation or indemnification to the other party as a result of non-renewal. Any Notice of non-renewal of this Addendum by Distributor or AWS to the other must include a Termination Date.” 1.5 Country-Specific Requirements – Dominican Republic. If the Distributor is located in the Dominican Republic, then the following additional provision applies: Acknowledgement and Waiver by Distributor and AWS. Pursuant to the provisions contained in the Dominican Republic-Central America Free Trade Agreement, the parties agree to waive and exclude the application of Law No. 173 of 1966 of the Dominican Republic to the relationship between the parties. Consequently, the Distributor shall not be entitled to benefit from or otherwise make any claim based on the provisions of Law No. 173 of 1966 and any registration previously recorded or to be recorded seeking the application of the provisions of the aforementioned Law in connection with the relationship between the parties shall be considered null and void. This agreement will only be subject to the contractual provisions set forth in this Addendum, including the governing law and forum as chosen by the parties. 1.6 Country-Specific Requirements - El Salvador. If the Distributor is located in El Salvador, then the following additional provisions apply: (a) Distributor Program Accounts. Distributor represents and warrants that all Program Accounts are associated with an End Customer located inside the Territory as set forth on the Cover page, or within the United States and its territories. AWS Distributor Addendum Page 15 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Document ID: 51fe7696-2fd9-40ae-ac2e-0bb129796649 Accepted by Melissa Ann Mulholland, Chief Executive Officer Crayon Group AS On 19 Nov 2024 09:58 PM UTC CC OTH 00463747 2024 TR (b) Acknowledgement and Waiver by Distributor and AWS. Pursuant to the provisions contained in the Dominican Republic-Central America Free Trade Agreement, and solely for the purposes of this Addendum (including the governing law and forum chosen by the parties herein), the parties agree to waive and exclude the application of articles 394 to 399-B of the Commercial Code of El Salvador to the relationship between the parties. 1.7 Country-Specific Requirements – Guatemala or Honduras. If the Distributor is located in Guatemala or Honduras, then the following additional provision applies: (a) Expenses. The following is added as the second to last sentence in Exhibit A, Section 1.1 (b): “The fees and expenses of the arbitrators and the administering authority, if any, will be paid in equal proportion by the parties.” 1.8 Country-Specific Requirements - Iceland. If the Distributor is located in Iceland, then the following additional provision applies: Governing Law; Venue. (a) The laws of the Grand Duchy of Luxembourg, without reference to conflict of law rules, govern this Addendum and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Addendum will only be adjudicated in the courts of the district of Luxembourg City. Each party consents to exclusive jurisdiction and venue in these courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Addendum. (b) Notwithstanding the foregoing, any party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its Affiliates’ or any third party’s intellectual property or other proprietary rights. AWS Distributor Addendum Page 16 of 16 AMAZON CONFIDENTIAL AMZN DOC# 4946366_43 Question 1) Bidder confirms that the central management portal/platform can be used to subscribe to and manage AWS accounts and organizations. Yes, Cloud-iQ is Crayon’s procurement and billing platform which provides our customers with self- service functionality for managing their cloud accounts, viewing invoices, billing statements, historical billing as well as detailed billing analytics. Cloud-iQ also supports native AWS tagging, custom alerts, alarms, and notifications about your cloud consumption. Cloud-iQ provides an overview of the AWS Accounts managed by the customer. The customer: • can order a new AWS Management Account in Cloud-iQ • can initiate an AWS Account Transfer Request through Cloud-iQ • remove an AWS Account The customer can have multiple AWS Management Accounts (MAs) and each of these MAs can have multiple Cloud Accounts (workload accounts) underneath, each with their own account ID. Question 2) The provider confirms that the central management portal/platform is capable of providing a security overview of accounts and sustainability of AWS consumption. Yes, we provide an overview of all customer accounts and the functionality to order new Management accounts as well as ordering removal of existing ones. Moreover, regarding the different metrics of customer’s consumption, we provide: Crayon Group - Confidential - Internal and External Parties  BI-Reports Cloud-iQ offers multiple BI-reports to monitor the consumption in the customers environment. • Combined overview of AWS and other cloud or license-based services in one view • AWS detailed consumption overview • Current billing period estimated usage • AWS Historical usage • All data shared can be extracted Alarms and Notifications: Customer can get notified when the current consumption reaches predefined amounts. • On Global level • Management account level • Member Account level Customer can also enable AWS spending notifications for all Management account by default. Monthly Billing Statement • The Billing Statement shows the breakdown of the customer’s monthly consumption • Customer can use different Invoice Profiles to split the Billing Statements for an easier overview of the cost distribution • Customer can use API´s to automatically fetch the Billing Statement and even feed them directly into their ERP system Native AWS Resource Tags • Amazon Web Services (AWS) Resource Tags are now published in the Excel Billing Statements following the invoice in Cloud-iQ • The Tags will be available in the 'Billing Data' sheet. • The Billing Statements also includes Cloud-iQ Tags for Cost allocation that can be configured at Account level (Department, Cost Center, Project, Owner and Custom). Crayon Group - Confidential - Internal and External Parties Vaidlustus Riigihangete Vaidlustuskomisjonile Seoses Crayon Estonia OÜ pakkumuse tagasilükkamisega Riigihankes nr 284711 "Amazon Web Services pilvteenused" Vaidlustuse esitaja Crayon Estonia OÜ Registrikood: 16780431 Aadress: Tartu mnt 82 , Tallinn 10112 , Eesti Esindaja: Tarmo Uba Telefon: +372 5046140 E-post: [email protected] Vaidlustuse objekt Riigihange nr 284711 "Amazon Web Services pilvteenused" Hankija: Riigi Info- ja Kommunikatsioonitehnoloogia Keskus Vaidlustuse sisu Crayon Estonia OÜ esitab käesolevaga vaidlustuse seoses pakkumuse tagasilükkamisega riigihankes nr 284711 "Amazon Web Services pilvteenused". Leiame, et pakkumuse tagasilükkamine on ebaõiglane ja põhjendamata ning rikub meie õigusi . Vaidlustuse põhjendused Hankija otsustas Crayon Estonia OÜ pakkumuse tagasi lükata kuna see ei vasta hankija hinnangul riigihanke alusdokumentides esitatud tingimustele , tuues välja järgmised põhj u sed : 1) Vastavustingimustes oli seatud nõue, mille kohaselt pakkuja esitab Amazon’i kinnituskirja, millest nähtub, et ta on Amazon Web Services pilvteenuste maaletooja (distributor) Eestis. Pakkuja esitas AWS kinnituskirja, millest nähtub, et Crayon Estonia OÜ osaleb neljas AWS partnerlusprogrammis, kuid ükski neist ei ole AWS Distributor partnerlusprogramm. 2) Vastavustingimustes oli seatud 6 nõuet, milles seati tingimused teenuse osutamiseks kasutatavale keskhaldusplatvormile. Muuhulgas pidi pakkuja esitama keskhaldusplatvormi kirjeldused, mis võimaldavad hinnata platvormi vastavust riigihankes esitatud nõuetele. Pakkuja poolt esitatud dokumendid ei ole seotud AWS teenuste vahendamisega, vaid on otseselt seotud teise pilvteenuste osutajaga, mistõttu ei ole hankijal võimalik kontrollida AWS teenuste pakkumiseks kasutatava keskhaldusplatvormi vastavust riigihankes seatud tingimustele. Pakkuja ei ole esitanud dokumente, mis tõendaksid pakkumuse vastavust riigihankes esitatud nõuetele. Crayon Estonia OÜ lükkab need hankija väited ümber . Crayon Estonia OÜ-l on Amazon Web Services maaletooja (distirbuutori) õigused Eestis. Selle tõestuseks esitame vastava lepingu lisa, mis on sõlmitud AWS ja Crayoni vahel Euroope Majandusühenduse ja Šveitsi territooriumil distributsiooni teenuse pakkumiseks (lisatud eraldi dokumendina „ Accepted terms - Nordics Distribution.pdf “ ). Crayoni pilveteenuste osutamise kesk haldus platvorm Cloud-IQ on spetsiaalselt erinevate pilveteenuste, seal hulgas AWS, haldamiseks arendatud platvorm. Cloud-IQ on universaalne, st selle kaudu on võimalik hallata erinevate pilveteenuste pakkujate (nagu näiteks AWS, Microsoft, Google Cloud Platform, IBM Cloud jt) teenuseid. M eie poolt Cloud-IQ kohta esitatud dokumentatsioon ei piirdu ühegi konkreetse pilveteenuse osutajaga seotud funktsionaalsuse kir jeldamisega. Sõltuvalt hallatavate teenuste hulgast või keerukusest võivad kirjelduste mahud esitatud dokumentides teenuseosutajate lõikes olla erinevad. Lisame täiendava kirjelduse hankes küsitud platvormi AWS teenuste haldamise funktsionaalsuste kohta ( lisatud eraldi dokumendina „ RIT AWS tender - Cloud-IQ functionality.pdf “ ) Eelpool mainitut arvestades peame Crayon Estonia OÜ pakkumuse tagasilükkamist põhjendamatuks . Vaidlustuse eesmärgid Palume tühistada Crayon Estonia OÜ pakkumuse tagasilükkamine riigihankes nr 284711 "Amazon Web Services pilvteenused". Lugupidamisega, Crayon Estonia OÜ Esindaja: Tarmo Uba, juhatuse liige (allkirjastatud digitaalselt) Kuupäev: 2 2 . novembril 2024.a.