Common use of Functionality Replacement and Extended Support Clause in Contracts

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- re‐ branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded re‐branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-brandingre‐branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of end‐of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software licensed product without introducing replacement or substitute functionality such that the Software licensed product no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software Licensed product provided to DoD is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software licensed product that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software licensed product and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software Licensed product while DoD was still purchasing Maintenance and Support for such Softwarelicensed product. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software licensed product without any additional license requirements or additional maintenance fees. However, throughout the term of this agreementAgreement, the Licensor will provide support services for at least a period of one year after the publisher Publisher declares an “end-of life” to the softwarelicensed product.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released released, and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD DoD, the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. DoD, provided that Licensee is then current with respect to all maintenance fees relating to such license Software. If the Software provided to DoD is updated as replacement, renamed or re- branded re‐branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded re‐branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-brandingre‐branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of end‐of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoDLicensor, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD DOD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality substantially similar features, functionality, and pricing in a new or different product (Replacement Product whether directly or indirectly or through a third party), then upon request by DoD DOD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, Replacement Product will be provided to DoD DOD under the terms of this Agreement at no additional charge to DoD. If DOD provided the Software provided to DoD purchased software support agreement is updated as replacement, renamed or re- branded applications or products current and DOD will cease use of the original software licenses once use of the Replacement product has begun. MFGS cannot provide license upgrades for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had software with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as expired software agreements. (a) the new applications or products are functionally equivalentequivalent in features and functionality, at a minimum, and the same conditions of use apply as to the Software and Software, (b) new applications or products have similar pricing to the original Software per the GSA Schedule and Agreement, and (c) Licensor ceased or has advised DoD DOD that Licensor intends to cease supporting the initial Software while DoD DOD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality and features as a separate or renamed product, then the DoD DOD is entitled to license such software without any additional license requirements or additional maintenance feesrequirements. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one (1) year after the publisher declares an “end-of life” to the software. For specific product lifecycle and “end-of-life” information, refer to: ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/obsolescence-migrations#

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software Software, provided the DoD is obtaining support with software maintenance, without introducing replacement or materially substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance feesfees (provided that for the avoidance of doubt, this shall not be deemed to include introduction of a new product which may provide substantially similar functionality in a different operating system or database environment (New Environment Product), e.g., if DoD licenses a product for operation in a Linux environment, Licensor’s subsequent introduction of a product that provides substantially similar functionality in a Windows environment shall not entitle DoD to receive such new product without additional charge). However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently subsequently, within the period of a specific subscription for the Software, offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License License, for the remainder of that subscription only, will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, within the period of a specific subscription for the Software, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge for the remainder of that subscription only to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees, but only for the remainder of a subscription term applicable to the licensed products acquired hereunder. However, throughout the term of this agreement, the Licensor will provide support services for each major release for at least 18 months from the General Availability date, and actively maintain the last minor release of the two most recent major branches of Elasticsearch, and compatible releases of Kibana, Beats, and Logstash.for at least a period of one year after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire productproduct subject to payment of fees applicable to any additional features or functionality, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge (for the previously licensed features or functionality) to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” pursuant to the softwareNutanix Support Policies.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. DoD where DoD was still purchasing Maintenance and Support for such Software. If the Software provided to DoD is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance feesfees where DoD was still purchasing Maintenance and Support for such Software. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the softwaresoftware where DoD is still purchasing Maintenance and Support for such Software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor The licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the softwarein accordance with Exhibits A and B, hereto.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD DOD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD DOD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoDDOD, will be provided to DoD DOD under the terms of this Agreement at no additional charge to DoD. DOD. If the Software provided to DoD DOD is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD DOD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD DOD had with respect to the Software that DoD DOD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD DOD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD DOD that Licensor intends to cease supporting the initial Software while DoD DOD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor contractor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the softwareyear.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software Products during the current Subscription Term, without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software Products provided to DoD is are updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software Product that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software Prodcut and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software Product while DoD was still purchasing Maintenance Support and Support Services for such SoftwareSoftware Product. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. a) Software End of Life and Extended Support. HoweverDiscontinuance of Support: Licensor will provide DoD at least ninety (90) days advance written notice before Licensor or its authorized Resellers discontinue support of any Product. Notice DoD ESI Master License Agreement can be provided by Licensor’s administrative portal or other electronic means. In the event Licensor provides notice of an “end of life” to the Products (or support thereof), throughout the term of this agreement, the Licensor will provide support services for at least a period until the end of one year after the publisher declares an “endthen-of life” to the softwarecurrent Subscription Term.

Functionality Replacement and Extended Support. Solely with respect to the licensor product itself, and indepedent of any third party features and/or capabilities. If Licensor removes any or all of the direct material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded re‐branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded re‐branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-brandingre‐branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of end‐of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality then-licensed by DoD to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon written request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original featuresfeatures licensed by DoD, or (ii) if those features cannot be separated outout in Licensor’s sole determination, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to functionality licensed by DoD is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software functionality that DoD had licensed immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are materially functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year six months after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released made available and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support paying subscription fees for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced reduced, or if the product is replaced, and/or replaced and the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the or Licensor will provide support services for at least a period of one year after pro- rated refund on the publisher declares an “end-of life” to the softwareremaining subscription term.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded re‐branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded re‐branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-brandingre‐branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout All of the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” foregoing rights shall be subject to the following requirements: (A) DoD is current on all fees for maintenance and technical support; (B) there is no more than a minimal difference in features, functionality and price between the new and old software.; (C) DoD must adhere to the same license restrictions as the old Software and

Functionality Replacement and Extended Support. If during the Subscription Term Licensor removes any or all of the material features or functionality to which DoD Customer is being granted access under a then-applicable order hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released ordered under the then applicable order and during the Subscription Term under such order Licensor subsequently offers those identical features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD Customer the License grant of use rights will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. Customer for the remainder of the then-current Subscription Term. If during the Subscription Term, the Software provided to DoD Customer under a then-applicable order is updated as replacement, renamed or re- re-branded applications or products for any reasonreason such that it is no longer made available to Customer under the then-current order, then DoD Customer shall be entitled to the same license rights to use the replacement, renamed or re-branded product as DoD Customer had with respect to the Software that DoD Customer had immediately prior to such replacement, renaming or re-brandingbranding for the remainder of the then-current Subscription Term, at no additional charge to DoD Customer so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD Customer that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If during the formSubscription Term, fit, or the functionality contained in any licensed products Software for which use rights were acquired pursuant to an order hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed productproduct during the Subscription Term, then the DoD Customer is entitled to license use rights to such software for the remainder of the Subscription Term without any additional license requirements or additional maintenance fees. However; provided however, throughout the term of this agreementSubscription Term, the Licensor will provide support services for at least a period of one year after in accordance with the publisher declares an “end-of life” Upgrades and Updates Exhibit to the software.GSA ▇▇▇▇

Functionality Replacement and Extended Support. Provided DoD has and continues to purchase Maintenance on the Software, and subject to Licensor’s end-of-life policy, the terms set forth in this Section 16 shall apply: If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products Software applications that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, Licensor will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product Software as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are Software application is functionally equivalent, at a minimum, and the same conditions of use apply as to the original Software application and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products Software application acquired hereunder is substantially reduced or if the product Software application is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed productSoftware application, then the DoD is entitled to license such software Software application without any additional license requirements or additional maintenance fees. However, throughout the term of this agreementAgreement, the Licensor will provide support services for at least a period of one year after the publisher Publisher declares an “end-of life” to the softwareSoftware.

Functionality Replacement and Extended Support. If Subject to the terms included in the PacketViper ▇▇▇▇, if Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoD, will be provided to DoD under the terms of this Agreement at no additional charge to DoD. If the Software provided to DoD is updated as replacement, renamed or re- branded applications or products for any reason, then DoD shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD had with respect to the Software that DoD had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD that Licensor intends to cease supporting the initial Software while DoD was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.

Functionality Replacement and Extended Support. If Licensor removes any or all of the material features or functionality to which DoD Licensee is being granted access hereunder from the Software without introducing replacement or substitute functionality such that the Software no longer performs its core operations as when initially released and Licensor subsequently offers those features or functionality in a new or different product (whether directly or indirectly or through a third party), then upon request by DoD Licensee the License will be deemed to include (i) the portion of those new or different products that contain the original features, or (ii) if those features cannot be separated out, the entire product, or (iii) another reasonable substitute as determined by DoDLicensee, will be provided to DoD Licensee under the terms of this Agreement at no additional charge to DoD. Licensee. If the Software provided to DoD Licensee is updated as replacement, renamed or re- re-branded applications or products for any reason, then DoD Licensee shall be entitled to the same license to use the replacement, renamed or re-branded product as DoD Licensee had with respect to the Software that DoD Licensee had immediately prior to such replacement, renaming or re-branding, at no additional charge to DoD Licensee so long as (a) the new applications or products are functionally equivalent, at a minimum, and the same conditions of use apply as to the Software and (b) Licensor ceased or has advised DoD Licensee that Licensor intends to cease supporting the initial Software while DoD Licensee was still purchasing Maintenance and Support for such Software. If the form, fit, or functionality contained in any licensed products acquired hereunder is substantially reduced or if the product is replaced, and/or the Licensor provides the same or substantially similar functionality as a separate or renamed product, then the DoD Licensee is entitled to license such software without any additional license requirements or additional maintenance fees. However, throughout the term of this agreement, the Licensor will provide support services for at least a period of one year after the publisher declares an “end-of life” to the software.