Common use of SaaS Clause in Contracts

SaaS. 5.1 Empirix will (a) make the SAAS available to Customer pursuant to this Agreement and the applicable Order, (b) provide Technical Support for the SAAS to Customer at no additional charge, and (c) provide the SAAS in accordance with applicable laws and government regulations when used according to this Agreement and the documentation accompanying such SAAS (the “SAAS Documentation”). 5.2 Unless otherwise provided in the applicable Order, (a) SAAS is purchased as a subscription, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. 5.3 SAAS is subject to usage limits, including, for example, the quantities specified in Orders. Unless otherwise specified, (a) a quantity in an Order refers to users, and the SAAS may not be accessed by more than that number of users, (b) a user’s password may not be shared with any other individual, and (c) a user identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the SAAS. If Customer exceeds a contractual usage limit, Empirix may work with Customer to seek to reduce Customer’s usage so that it conforms to that limit. If, notwithstanding Empirix’s efforts, Customer is unable or unwilling to abide by a contractual usage limit, Customer will execute an Order for additional quantities of the applicable SAASs promptly upon Empirix’s request, and/or pay any invoice for excess usage in accordance with Section 3 hereof. 5.4 Customer will (a) be responsible for users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Customer data and the means by which Customer acquired Customer data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of SAAS, and notify Empirix promptly of any such unauthorized access or use, and (d) use the SAAS only in accordance with the SAAS Documentation and applicable laws and government regulations. 5.5 In addition to the restrictions set forth in Section 6 hereof, Customer will not (a) interfere with or disrupt the integrity or performance of any SAAS or third-party data contained therein, (b) attempt to gain unauthorized access to the SAAS or its related systems or networks, (c) permit direct or indirect access to or use of any SAAS in a way that circumvents a contractual usage,

SaaS. 5.1 Empirix Hammer Technologies Inc. will (a) make the SAAS available to Customer pursuant to this Agreement and the applicable Order, (b) provide Technical Support for the SAAS to Customer at no additional charge, and (c) provide the SAAS in accordance with applicable laws and government regulations when used according to this Agreement and the documentation accompanying such SAAS (the “SAAS Documentation”). 5.2 Unless otherwise provided in the applicable Order, (a) SAAS is purchased as a subscription, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. 5.3 SAAS is subject to usage limits, including, for example, the quantities specified in Orders. Unless otherwise specified, (a) a quantity in an Order refers to users, and the SAAS may not be accessed by more than that number of users, (b) a user’s password may not be shared with any other individual, and (c) a user identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the SAAS. If Customer exceeds a contractual usage limit, Empirix Hammer Technologies Inc. may work with Customer to seek to reduce Customer’s usage so that it conforms to that limit. If, notwithstanding EmpirixHammer Technologies Inc.’s efforts, Customer is unable or unwilling to abide by a contractual usage limit, Customer will execute an Order for additional quantities of the applicable SAASs promptly upon EmpirixHammer Technologies Inc.’s request, and/or pay any invoice for excess usage in accordance with Section 3 hereof. 5.4 Customer will (a) be responsible for users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Customer data and the means by which Customer acquired Customer data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of SAAS, and notify Empirix Hammer Technologies Inc. promptly of any such unauthorized access or use, and (d) use the SAAS only in accordance with the SAAS Documentation and applicable laws and government regulations. 5.5 In addition to the restrictions set forth in Section 6 hereof, Customer will not (a) interfere with or disrupt the integrity or performance of any SAAS or third-party data contained therein, (b) attempt to gain unauthorized access to the SAAS or its related systems or networks, (c) permit direct or indirect access to or use of any SAAS in a way that circumvents a contractual usage,

SaaS. 5.1 Empirix will (a) make the SAAS available to Customer pursuant to this Agreement and the applicable Order, (b) provide Technical Support and Maintenance for the SAAS to Customer at no additional charge, and (c) provide the SAAS in accordance with applicable laws and government regulations when used according to this Agreement and the documentation accompanying such SAAS (the ““ SAAS Documentation”). 5.2 Unless otherwise provided in the applicable Order, (a) SAAS is purchased as a subscription, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. 5.3 SAAS is subject to usage limits, including, for example, the quantities specified in Orders. Unless otherwise specified, (a) a quantity in an Order refers to users, and the SAAS may not be accessed by more than that number of users, (b) a user’s password may not be shared with any other individual, and (c) a user identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the SAAS. If Customer exceeds a contractual usage limit, Empirix may work with Customer to seek to reduce Customer’s usage so that it conforms to that limit. If, notwithstanding Empirix’s efforts, Customer is unable or unwilling to abide by a contractual usage limit, Customer will execute an Order for additional quantities of the applicable SAASs SAAS promptly upon Empirix’s request, and/or pay any invoice for excess usage in accordance with Section 3 hereof. 5.4 Customer will (a) be responsible for users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Customer data and the means by which Customer acquired Customer data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of SAAS, and notify Empirix promptly of any such unauthorized access or use, and (d) use the SAAS only in accordance with the SAAS Documentation and applicable laws and government regulations. 5.5 In addition to the restrictions set forth in Section 6 hereof, Customer will not (a) interfere with or disrupt the integrity or performance of any SAAS or third-party data contained therein, (b) attempt to gain unauthorized access to the SAAS or its related systems or networks, (c) permit direct or indirect access to or use of any SAAS in a way that circumvents a contractual usage,, (d) copy the SAAS or any part, feature, function or user interface thereof, (e) frame or mirror any part of the SAAS, other than framing on Customer’s own intranets or otherwise for its own internal business purposes or as permitted in the Documentation, and (f) access the SAAS in order to build a competitive product or SAAS. 5.6 Customer grants Empirix and its hosting providers a worldwide, limited-term license to host, copy, transmit and display Customer data as necessary for Empirix to provide the SAAS in accordance with this Agreement. Subject to the limited licenses granted herein, Empirix acquires no right, title or interest from Customer or its licensors under this Agreement in or to any Customer data.

SaaS. 5.1 Empirix Hammer will (a) make the SAAS available to Customer pursuant to this Agreement and the applicable Order, (b) provide Technical Support and Maintenance for the SAAS to Customer at no additional charge, and (c) provide the SAAS in accordance with applicable laws and government regulations when used according to this Agreement and the documentation accompanying such SAAS (the ““ SAAS Documentation”). 5.2 Unless otherwise provided in the applicable Order, (a) SAAS is purchased as a subscription, (b) subscriptions may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. 5.3 SAAS is subject to usage limits, including, for example, the quantities specified in Orders. Unless otherwise specified, (a) a quantity in an Order refers to users, and the SAAS may not be accessed by more than that number of users, (b) a user’s password may not be shared with any other individual, and (c) a user identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the SAAS. If Customer exceeds a contractual usage limit, Empirix Hammer may work with Customer to seek to reduce Customer’s usage so that it conforms to that limit. If, notwithstanding EmpirixHammer’s efforts, Customer is unable or unwilling to abide by a contractual usage limit, Customer will execute an Order for additional quantities of the applicable SAASs SAAS promptly upon EmpirixHammer’s request, and/or pay any invoice for excess usage in accordance with Section 3 hereof. 5.4 . Customer will (a) be responsible for users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Customer data and the means by which Customer acquired Customer data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of SAAS, and notify Empirix Hammer promptly of any such unauthorized access or use, and (d) use the SAAS only in accordance with the SAAS Documentation and applicable laws and government regulations. 5.5 5.4 In addition to the restrictions set forth in Section 6 hereof, Customer will not (a) interfere with or disrupt the integrity or performance of any SAAS or third-party data contained therein, (b) attempt to gain unauthorized access to the SAAS or its related systems or networks, (c) permit direct or indirect access to or use of any SAAS in a way that circumvents a contractual usage,, (d) copy the SAAS or any part, feature, function or user interface thereof, (e) frame or mirror any part of the SAAS, other than framing on Customer’s own intranets or otherwise for its own internal business purposes or as permitted in the Documentation, and (f) access the SAAS in order to build a competitive product or SAAS. 5.5 Customer grants Hammer and its hosting providers a worldwide, limited-term license to host, copy, transmit and display Customer data as necessary for Hammer to provide the SAAS in accordance with this Agreement. Subject to the limited licenses granted herein, ▇▇▇▇▇▇ acquires no right, title or interest from Customer or its licensors under this Agreement in or to any Customer data.