Common use of Party Software Clause in Contracts

Party Software. The Licensed Products may contain software incorporated into the Licensed Products or provided therewith, developed, distributed and/or licensed by third parties, including open source software (Third-Party Software). Such Third- Party Software shall be licensed, and the Licensee shall use such Third-Party Software under and strictly in accordance with, the applicable terms and conditions by the respective third-party licensor. The Licensor shall use its best efforts to identify any additional Third-Party Software in the documentation of the Licensed Products. Nothing in this ▇▇▇▇ shall restrict, limit or otherwise affect any rights or obligations that the Licensee may have, or conditions to which Licensee may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Licensed Products. As between the Licensor and the Licensee, the Licensor shall remain the sole owner of all rights, title and interest, in particular, all intellectual property rights, in and to the Licensed Products, subject to any Third-Party Software. Nothing in this ▇▇▇▇ shall operate any assignment or transfer of any intellectual property rights to the Licensee. The Licensee expressly acknowledges that any infringement of the Licensor’s intellectual property rights will cause irreparable harm to the Licensor, for which monetary damages alone would be inadequate, and that the Licensor may thus seek 6.3. 7. 7.1. 7.2. 7.3. 8.3. injunctive relief or any other remedy available at law in any jurisdiction, in case of such infringement. Should the Licensee become aware of any infringement or imminent risk of any infringement of any intellectual property rights pertaining to the Licensed Products, the Licensee shall immediately inform the Licensor and provide all useful information on such infringement or risk of infringement. The Licensor shall have the exclusive power to decide on any action to be taken with respect to such infringement or risk of infringement, including legal action, at its own cost. Licensee shall, at its own costs, provide Licensor with all reasonable assistance required by the Licensor to protect its intellectual property rights, in accordance with its instructions.

Party Software. The Licensed Products may contain software components incorporated into the Licensed Products or provided therewith, developed, distributed and/or licensed by third parties, including open source software parties (Third-Party Software). Such Third- Third-Party Software shall be licensed, and the Licensee shall use such Third-Party Software under under, and strictly in accordance with, the applicable terms and conditions by the respective third-party licensorparty. The Licensor BPA shall use its best efforts to identify any additional Third-Party Software in the documentation of the Licensed Products. Nothing in this ▇▇▇▇ shall restrict, limit or otherwise affect any rights or obligations that the Licensee may have, or conditions to which Licensee may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Licensed Products. As between the Licensor BPA and the Licensee, the Licensor BPA shall remain the sole owner of all rights, title and interest, in particular, all intellectual property rights, in and to the Licensed Products, subject to any Third-Party Software. Nothing in this ▇▇▇▇ shall operate any assignment or transfer of any intellectual property rights to the Licensee. The Licensee expressly acknowledges that any infringement of the LicensorBPA’s intellectual property rights will cause irreparable harm to the LicensorBPA, for which monetary damages alone would be inadequate, and that the Licensor BPA may thus seek 6.3. 7. 7.1. 7.2. 7.3. 8.3. injunctive relief or any other remedy available at law in any jurisdiction, in case of such infringement. Should the Licensee become aware of any infringement or imminent risk of any infringement of any intellectual property rights pertaining to the Licensed Products, the Licensee shall immediately inform the Licensor BPA and provide all useful information on such infringement or risk of infringement. The Licensor BPA shall have the exclusive power to decide on any action to be taken with respect to such infringement or risk of infringement, including legal action, at its own cost. Licensee shall, at its own costs, provide Licensor BPA with all reasonable assistance required by the Licensor BPA to protect its intellectual property rights, in accordance with its instructions. The Licensee shall pay all the fees indicated by BPA on the Order Form or by any other appropriate means (e.g. pricing schedules provided to the Licensee by BPA), as applicable (the Fees). Subscription Fees shall be due and payable in advance and non-refundable in case of termination. Additional Fees as incurred through the Licensee’s use of the Licensed Platform, if any, are invoiced in arrears, on a monthly or quarterly basis. The continued use of the Licensed Products by the Licensee shall be subject to the timely payment of all the Fees. BPA may temporarily suspend any License and/or any user credentials issued to the Licensee, if applicable, if the Licensee is in default for payment of any Fees due. Changes of the Fees and/or the subscription models shall become effective as indicated by BPA to the Licensee or otherwise: (i) immediately upon notice to the Licensee for any additional Licenses; and (ii) as of the next renewal for any current License, if and as applicable, subject to Section 11.4. If the Licensee’s subscription model is no longer available, the subscription shall automatically be transformed into a subscription under the next closest subscription model existing as of its renewal, as advised by BPA in its notice to the Licensee. All payments under this ▇▇▇▇ shall be exclusive of any taxes, duties and similar charges, which shall be borne and paid to the relevant authorities by the Licensee. The Licensed Products are provided AS IS and AS AVAILABLE. To the maximum extent permitted by applicable law, BPA disclaims all warranties with respect to the Licensed Products, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non- infringement of third-party rights. In particular, BPA does neither represent nor warrant that the Licensed Products will meet the Licensee’s requirements, that the operation of the Licensed Products will be uninterrupted or error-free, that any errors in the Licensed Products will be corrected, that it will ensure continued compatibility of the Licensed Products with any third-party products, even if they are compatible with such third-party products upon the granting of the License or at any given moment before or thereafter, that the Licensed Products will always be available and remain available unchanged or that certain subscription models for the Licensed Products available at any given moment, will remain available for renewal at the end of the applicable subscription period. The use of the Licensed Products is entirely at the Licensee’s own risk, and BPA expressly disclaims any warranties regarding the Licensee’s use thereof.

Party Software. The Licensed Products may contain software components incorporated into the Licensed Products or provided therewith, developed, distributed and/or licensed by third parties, including open source software parties (Third-Party Software). Such Third- Third-Party Software shall be licensed, and the Licensee shall use such Third-Party Software under under, and strictly in accordance with, the applicable terms and conditions by the respective third-party licensorparty. The Licensor BPA shall use its best efforts to identify any additional Third-Party Software in the documentation of the Licensed Products. Nothing in this ▇▇▇▇ SaaS Agreement shall restrict, limit or otherwise affect any rights or obligations that the Licensee may have, or conditions to which Licensee may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Licensed Products. As between the Licensor BPA and the Licensee, the Licensor BPA shall remain the sole owner of all rights, title and interest, in particular, all intellectual property rights, in and to the Licensed Products, subject to any Third-Party Software. Nothing in this ▇▇▇▇ SaaS Agreement shall operate any assignment or transfer of any intellectual property rights to the Licensee. The Licensee expressly acknowledges that any infringement of the LicensorBPA’s intellectual property rights will cause irreparable harm to the LicensorBPA, for which monetary damages alone would be inadequate, and that the Licensor BPA may thus seek 6.3. 7. 7.1. 7.2. 7.3. 8.3. injunctive relief or any other remedy available at law in any jurisdiction, in case of such infringement. Should the Licensee become aware of any infringement or imminent risk of any infringement of any intellectual property rights pertaining to the Licensed Products, the Licensee shall immediately inform the Licensor BPA and provide all useful information on such infringement or risk of infringement. The Licensor BPA shall have the exclusive power to decide on any action to be taken with respect to such infringement or risk of infringement, including legal action, at its own cost. Licensee shall, at its own costs, provide Licensor BPA with all reasonable assistance required by the Licensor BPA to protect its intellectual property rights, in accordance with its instructions. The Licensee shall pay all the fees indicated by BPA on the Order Form or by any other appropriate means (e.g. pricing schedules provided to the Licensee by BPA), as applicable (the Fees). Subscription Fees shall be due and payable in advance and non-refundable in case of termination. Additional Fees as incurred through the Licensee’s use of the Licensed Platform, if any, are invoiced in arrears, on a monthly or quarterly basis. The continued use of the Licensed Products by the Licensee shall be subject to the timely payment of all the Fees. BPA may temporarily suspend any License and/or any user credentials issued to the Licensee, if applicable, if the Licensee is in default for payment of any Fees due. Changes of the Fees and/or the subscription models shall become effective as indicated by BPA to the Licensee or otherwise: (i) immediately upon notice to the Licensee for any additional Licenses; and (ii) as of the next renewal for any current License, if and as applicable, subject to Section 11.4. If the Licensee’s subscription model is no longer available, the subscription shall automatically be transformed into a subscription under the next closest subscription model existing as of its renewal, as advised by BPA in its notice to the Licensee. All payments under this SaaS Agreement shall be exclusive of any taxes, duties and similar charges, which shall be borne and paid to the relevant authorities by the Licensee. The Licensed Products are provided AS IS and AS AVAILABLE. To the maximum extent permitted by applicable law, BPA disclaims all warranties with respect to the Licensed Products and their availability, subject to the terms of any service level agreement (SLA) expressly agreed upon among the Parties, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non- infringement of third-party rights. In particular, BPA does neither represent nor warrant that the Licensed Products will meet the Licensee’s requirements, that the operation of the Licensed Products will be uninterrupted or error-free, that any errors in the Licensed Products will be corrected, that it will ensure continued compatibility of the Licensed Products with any third-party products, even if they are compatible with such third-party products upon the granting of the License or at any given moment before or thereafter, that the Licensed Products will always be available and remain available unchanged or that certain subscription models for the Licensed Products available at any given moment, will remain available for renewal at the end of the applicable subscription period. Notwithstanding the foregoing, if the Parties have expressly upon an SLA, BPA’s warranties in respect of the availability of the Licensed Products contained therein, shall be exclusive and in lieu of any other warranties of availability. BPA further expressly disclaims any warranties with respect to the Licensed Products in conjunction with third-party products not provided by BPA. In particular, if the Licensee opts for the integration of the Licensed Products with Microsoft Office 365, BPA disclaims any warranty with respect to the integration and use of the Licensed Products via such platform, including any third- party tools integrated therein. The use of the Licensed Products is entirely at the Licensee’s own risk, and BPA expressly disclaims any warranties regarding the Licensee’s use thereof.