Common use of In E Clause in Contracts

In E. Ownership and Restrictions, in the fourth paragraph of the section, add the following to the end of the fourth bullet in the paragraph: “; the prohibition herein against providing “subscription licenses” shall not restrict you from distributing successive or periodic term licenses of the EnCase Enterprise Examiner application package to an end user on an end user license agreement with an auto-renewal or auto-extension of term basis, provided that in such case the end user is always the licensee of such license pursuant to all the terms of this agreement and in no event shall the terms of this agreement be construed to grant you (as a licensee) any form of license to use the programs on behalf of the end user where such end user is not the licensee. To enable Oracle to accurately report revenue for tax purposes, as of the effective date of this agreement, it is estimated that less than 5% of all program licenses distributed pursuant to the terms and conditions of this agreement will be term licenses;”.