AGREEMENT-COMMITMENT OF RESPONSIBILITY TO USE ECUADOR’S OFFICIAL PUBLIC PROCUREMENT SYSTEM – (SISTEMA OFICIAL DE CONTRATACIÓN PÚBLICA - SOCE) The Supplier takes full responsibility for the use of Ecuador’s Official Public Procurement System–SOCE and its tools with the username and password registered by him/her during his/her registration in the Suppliers National Register (Suppliers National Registry - RUP). According to what is stated in the Electronic Commerce, Electronic Signatures and Data Messages Law and based upon technological freedom determined in the current legislation, the supplier declares that all scanned documents and/or data messages that he/she submits into Ecuador’s Official Public Procurement System –SOCE– are legitimate, true, accurate, consistent and are in force, by which the supplier accepts and acknowledges that all the information will have the same legal value as written documents, generating administrative, civil and even criminal responsibility where applicable. However, the supplier agrees to present hard copies of these documents, if required. The undersigned declares that the username and password are of his/her exclusive use and responsibility, so that all transactions made through Ecuador’s Official Public Procurement System–SOCE– included in SERCOP’s institutional website, will be guaranteed and legalized with the given User Name and Password. The Supplier will be responsible for maintaining the secrecy of his/her account, personal passwords, access codes and confidential numbers with which he/she access Ecuador’s Official Public Procurement System–SOCE– and other services contemplated in the institutional website, at all times. Regarding SERCOP’s Ownership over certain rights The supplier does not acquire any intellectual property right by simply using Ecuador’s Official Public Procurement System – SOCE included in SERCOP’s institutional website and at any time such use will be considered as an authorization or license to use the services and content for purposes other than procurement processes. Therefore, the supplier will not be able to trade in any way the services and content, nor has the right to place hyperlinks to and from the website, nor has the right to place or use the services and contents of SERCOP’s website in the supplier’s website, or third parties’ websites without prior written authorization from SERCOP, and has no right to restrict or inhibit any other supplier from using the website. The Supplier recognizes that intellectual property rights regarding the services, contents, logos, trademarks, trade names and domains of Ecuador’s Official Public Procurement System –SOCE and the institutional website, as well as its rights of use, including its disclosure, publication, reproduction, distribution and transformation, are exclusive property of the Ecuadorian National Procurement Authority – SERCOP. Given this recognition, the Supplier declares that he/she will not use SERCOP’s intellectual property rights or its derivatives; nor he/she will carry out events or publish advertisements in which the name, logos, trademarks, distinctive signs, web domains are managed or owned by SERCOP, without the express written authorization of SERCOP. The Supplier authorizes SERCOP to use, publish, reproduce, disclose, publicly communicate and transmit the information considered as non-confidential; and recognizes that SERCOP will regard as confidential the information received from the Supplier with such status under the applicable laws of the Republic of Ecuador. Failure to Fulfill Conditions The Supplier states that he/she acknowledges that SERCOP will have the right to deny, restrict or condition the Suppliers access to the website, fully or partially, in accordance to the applicable regulatory framework and this statement; SERCOP can change the services and content of the website, at any time without notice. In this regard, if SERCOP detects inconsistencies in the information delivered during the submission of the proposal or in the documents referring to their registration to the RUP as well as the update of data, entered either physically and/or published through the institutional website, it will proceed to apply the sanctions provided for in the Organic Law of the National Public Procurement System (Ley Orgánica del Sistema Nacional de Contratación Pública - LOSNCP), without limitation to the exercise of other actions provided in current regulations. This statement does not exempt the obligation of the contracting entities to notify SERCOP about the inconsistencies detected in the documents submitted by the supplier. Additionally, the Supplier agrees that the violation of intellectual property rights or any right that is held by SERCOP, especially but not limited to logos, distinctive signs, trade names, domain names, without limitation to the penalties prescribed by the laws on the matter, will be considered as use of the website for purposes other than those established in the LOSNCP and its regulation and therefore will be subject to penalties established by LOSNCP for such conduct. Furthermore, the supplier knows that SERCOP does not take responsibility for errors, omissions or temporary unavailable platforms produced by any cause, from its own or from third parties, nor for any inaccuracy in the information distributed through it, whether it is by error or omission; nor the opportunity and contents of the e-mails generated by the system. The supplier knows that the information and content of the documents published in the institutional website are responsibility of the supplier that publishes and sends them. The Supplier also acknowledges that SERCOP will not be responsible for the interruption in the reception of e-mails, offers, publications and response times of the system due to poor service of Internet providers, being the sole responsibility of SERCOP the proper functioning of servers where its applications are hosted. Electronic Signature The provider agrees to subscribe the actions performed in Ecuador’s Official Public Procurement System –SOCE– using an electronic signature if the supplier has one, otherwise the supplier will have to purchase an electronic signature certification within a maximum and peremptory time of one year, counted from the execution of this agreement, which shall be sent by Ecuadorian Post and/or physically delivered to the offices of the Ecuadorian National Service on Public Procurement –SERCOP– located at Av. Shyris 38-28 y el Telégrafo, SERCOP building, in Quito - Ecuador. Ratification The Supplier acknowledges that the terms and conditions included herein are subject to the provisions of the Electronic Commerce, Electronic Signatures and Data Messages Law or the norm regulating this matter. The Supplier acknowledges that this agreement is valid, as well as the attached information in any of the modules of the institutional website. The execution of this declaration implies the acceptance of each and every one of the provisions in this Agreement-Commitment, including the possible sanctions motivated by the breach of this agreement.