Common use of Development and Support Clause in Contracts

Development and Support. Developer shall not incorporate or combine any Open Source Technology into or with any Update or Deliverable without first obtaining Cisco’s prior written approval. Developer shall strictly adhere to the following procedure with regard to Open Source Technology, Updates, and Deliverables (a) Developer shall submit a request to Cisco which shall contain: (i) engineering data in support of the request, (ii) detailed explanation of how the Open Source Technology will interact with any Cisco Property or proprietary technology of Cisco or any third party incorporated in the Update or Deliverable or any component thereof or which directly interfaces with the Update or Deliverable, (iii) a copy of the license governing the use and distribution of the Open Source Technology, and (iv) detailed analysis of whether the use of the Open Source Technology would, (A) create obligations, or purports to create obligations, for Cisco or Developer with respect to any Update or Deliverable or proprietary technology of Cisco or Developer, or (B) grant, or purports to grant, to any third party any rights or immunities under Cisco Property or Licensed Property or proprietary technology (collectively, “Contamination”). At Cisco’s request, Developer shall cooperate with Cisco in order to determine if incorporation of any Open Source Technology would result or has resulted in any Contamination. (b) Within thirty (30) days after receiving such request, Cisco shall respond by: (i) approving the request, (ii) disapproving the request, or (iii) extending the deadline for the approval or disapproval period for an additional ten (10) business days. If Cisco disapproves the request, then any timelines in the Statement of Work associated with completion of the applicable Deliverable will be extended as necessary to allow Developer to find an alternative or work-around for the Open Source Technology contained in such request and, if applicable, to resubmit the request to Cisco in accordance with this Section 2.12.2. (c) Developer shall list all approved Open Source Technology incorporated into or combined with the Deliverable in the applicable Statement of Work(s) or engineering change request before Cisco approves such Statement of Work(s) or engineering change request.

Development and Support. Developer shall not incorporate or combine any Open Source Technology into or with any Update or Deliverable without first obtaining Cisco’s prior written approval. Developer shall strictly adhere to the following procedure with regard to Open Source Technology, Updates, and Deliverables (a) Developer shall submit a request to Cisco which shall contain: (i) engineering data in support of the request, (ii) detailed explanation of how the Open Source Technology will interact with any Cisco Property or proprietary technology of Cisco or any third party incorporated in the Update or Deliverable or any component thereof or which directly interfaces with the Update or Deliverable, (iii) a copy License and Development Agreement Cisco & GlassHouse CISCO and GLASSHOUSE CONFIDENTIAL Page 7 of 57 CONFIDENTIAL TREATMENT REQUESTED of the license governing the use and distribution of the Open Source Technology, and (iv) detailed analysis of whether the use of the Open Source Technology would, (A) create obligations, or purports to create obligations, for Cisco or Developer with respect to any Update or Deliverable or proprietary technology of Cisco or Developer, or (B) grant, or purports to grant, to any third party any rights or immunities under Cisco Property or Licensed Property or proprietary technology (collectively, “Contamination”). At Cisco’s request, Developer shall cooperate with Cisco in order to determine if incorporation of any Open Source Technology would result or has resulted in any Contamination. (b) Within thirty (30) days after receiving such request, Cisco shall respond by: (i) approving the request, (ii) disapproving the request, or (iii) extending the deadline for the approval or disapproval period for an additional ten (10) business days. If Cisco disapproves the request, then any timelines in the Statement of Work associated with completion of the applicable Deliverable will be extended as necessary to allow Developer to find an alternative or work-around for the Open Source Technology contained in such request and, if applicable, to resubmit the request to Cisco in accordance with this Section 2.12.2. (c) Developer shall list all approved Open Source Technology incorporated into or combined with the Deliverable in the applicable Statement of Work(s) or engineering change request before Cisco approves such Statement of Work(s) or engineering change request.