Common use of Covered Software Clause in Contracts

Covered Software. a. Licensee agrees to purchase, and Niku agrees to furnish, software maintenance services (the "Support Services") in support of Licensee's use of software licensed by Niku to Licensee under the terms and conditions of the attached Software License Agreement (the "Agreement"), subject to these Standard Software Support Terms and Conditions (the "Support Terms"). The software covered by this is specified in Exhibit A to the Agreement (the "Software"). All corrections, updates, improvements, modifications and new versions of Software furnished to Licensee (the "Updates") will be considered Software within the meaning of the Agreement, and Licensee's use of the Updates will be governed thereby. b. The terms of the Agreement governing confidential information, Software warranties and disclaimers, indemnification against intellectual property claims, limitations of liability, notice, governing law, independent contractor status, assignment, waiver, severability, export control, force majeure, and integration of terms are incorporated herein by reference and will govern the Support Terms. Any capitalized terms which are not separately defined in these Support Terms, will have the same meaning as specified in the Agreement.