Common use of Software and Technology Clause in Contracts

Software and Technology. The following are the ASP Services to be provided to Client by FIS under this Section 9: 9.1. ASP Hosted Applications and FIS Provided Third Party Software. FIS, using the software stated in Exhibit A, will perform data processing services for Client as described in this Schedule C. Client acknowledges that its use of software in connection with its receipt and use of the ASP Services under this Schedule are non-exclusive, personal, non-transferable (except in direct connection with a permitted assignment of the Agreement), limited use rights during the Term of this Schedule, and that FIS does not convey or grant to Client any other use, license, or any rights in or to the ASP Hosted Applications or FIS Provided Third Party Software. All rights of FIS to the ASP Hosted Applications, and of the owners of FIS Provided Third Party Software, not expressly granted in this Schedule are reserved. The provisions set forth in 7.3 below shall also apply with respect to any FIS Provided Third Party Software. 9.2. Client Software and Client Provided-Third Party Software. FIS will use all Client Software and Client Provided Third Party Software exclusively in connection with providing the Services and any Deliverables to Client. Additional use of Client Software by FIS shall require the written consent of Client. FIS reserves the right in advance of any processing or use of such software to assure compatibility with equipment and consistency with other processing requirements, techniques and standards. If any use of such software increases or decreases FIS’s operating costs, FIS will so advise Client and both Client and FIS will negotiate to agree upon the appropriate changes to the Monthly Per Account Fee as set forth in Exhibit C. Client is responsible to provide application support for Client Software and Client Provided Third Party Software unless otherwise specifically identified in this agreement. The provisions set forth below shall also apply with respect to any Client Software.

Software and Technology. The following are the ASP Services to be provided to Client by FIS under this Section 9:: (PID # 224877) ) Page 5 of 26 9.1. ASP Hosted Applications and FIS Provided Third Party Software. FIS, using the software stated in Exhibit A, will perform data processing services for Client as described in this Schedule C. Client acknowledges that its use of software in connection with its receipt and use of the ASP Services under this Schedule are non-exclusive, personal, non-transferable (except in direct connection with a permitted assignment of the Agreement), limited use rights during the Term of this Schedule, and that FIS does not convey or grant to Client any other use, license, or any rights in or to the ASP Hosted Applications or FIS Provided Third Party Software. All rights of FIS to the ASP Hosted Applications, and of the owners of FIS Provided Third Party Software, not expressly granted in this Schedule are reserved. The provisions set forth in 7.3 below shall also apply with respect to any FIS Provided Third Party Software. 9.2. Client Software and Client Provided-Third Party Software. FIS will use all Client Software and Client Provided Third Party Software exclusively in connection with providing the Services and any Deliverables to Client. Additional use of Client Software by FIS shall require the written consent of Client. FIS reserves the right in advance of any processing or use of such software to assure compatibility with equipment and consistency with other processing requirements, techniques and standards. If any use of such software increases or decreases FIS’s operating costs, FIS will so advise Client and both Client and FIS will negotiate to agree upon the appropriate changes to the Monthly Per Account Fee as set forth in Exhibit C. Client is responsible to provide application support for Client Software and Client Provided Third Party Software unless otherwise specifically identified in this agreement. The provisions set forth below shall also apply with respect to any Client Software.