Common use of Software License Clause in Contracts

Software License. 12.1 Purchaser is hereby granted a nonexclusive, nontransferable, paid-up license to use the Software only in connection with Purchaser’s use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser (a) Subject to the terms, conditions and restrictions set forth in this Agreement: (i) SpeechWorks hereby grants to AOL and its Affiliates, and AOL hereby accepts for itself and its Affiliates, a non-exclusive, non-transferable, non-sublicensable, perpetual and irrevocable (subject to Section 11.6) worldwide right and license to use, execute, perform and display the SpeechWorks Software solely in connection with the use of an AOL Voice Portal by AOL Voice Portal users; (ii) Without limiting the generality of Section 2.1(a)(i), AOL shall have the right to grant access to, and permit the use of the SpeechWorks Software by, contractors and subcontractors retained from time to time by AOL or any of its Affiliates solely as needed to furnish professional or technical services to AOL or any of its Affiliates in connection with an AOL Voice Portal, provided that such contractors and subcontractors execute an agreement with AOL which contains provisions no less protective of the intellectual property rights of SpeechWorks than those contained herein; and (iii) In partial consideration of the warrants to be issued pursuant to the Common Stock and Warrant Purchase Agreement referenced in Section 7, subject to clauses (I)-(III) of this Section 2.1(a)(iii) and the other terms of this Section, SpeechWorks hereby authorizes AOL to grant licenses to the SpeechWorks Software to third parties identified in writing by AOL whose content is hereby granted accessible by speech activated services via an AOL Voice Portal (notwithstanding that [ ], including but not limited to [ ] or via other [ ], provided, however, that the SpeechWorks Software shall not be used for such other access), at [ ] cost to AOL or such third parties for such SpeechWorks Software. Such licenses shall be limited non-exclusive, non- transferable, non-sublicensable, worldwide licenses, for a nonexclusiveperiod of twenty four (24) months from the date of grant of each such license, nontransferable, paid-up license to use the SpeechWorks Software solely in connection with use via an AOL Voice Portal by AOL Voice Portal users. Any grant of a license by AOL to a third party pursuant to this Section 2.1(a)(iii) shall also be conditioned upon the following: (I) AOL shall require such third party to execute a license agreement in a form consistent with the provisions of this Section 2.1(a)(iii) to be agreed upon by AOL and SpeechWorks within thirty (30) days after the Effective Date with respect to which SpeechWorks shall be an express third-party beneficiary and licensor to such third party; (II) AOL shall provide to SpeechWorks a copy of such executed license that shall include, without limitation, the number of ports licensed, the location at which such third party plans to install the SpeechWorks Software and a reasonably detailed description of the use of the SpeechWorks Software; and (III) within five (5) business days of the receipt by SpeechWorks of a copy of such executed license agreement, SpeechWorks shall provide to such third-party a specifically identifiable copy of the Licensed Software. In addition to any license granted to a third party pursuant to this Section 2.1(a)(iii) SpeechWorks authorizes AOL, in AOL's discretion, to offer to such third party the opportunity to execute with SpeechWorks a [ ] fee-based license to the SpeechWorks Software (the "Third Party License") at a discount equal to [ ] percent ([ ]%) off of the [ ] list price then charged generally by SpeechWorks to third party licensees. In the event that such third-party agrees to execute a Third Party License, SpeechWorks shall pay to AOL an amount equal to [ ] percent ([ ]%) of the [ ] list price then charged generally by SpeechWorks upon receipt by SpeechWorks of the third party license fee. (iv) A voice portal associated with the [ ] service and operated by AOL, although outside the scope of the grant of license to the SpeechWorks Software in Section 2.1(a)(i) above, shall be included therein for purposes of this Agreement. In addition, in the event that AOL or an AOL Affiliate operates a voice portal which does not otherwise fall under the grant of license to the SpeechWorks Software under this Agreement, but which AOL demonstrates (x) is operated by AOL or an AOL Affiliate as part of a larger strategic relationship with the party for which such portal is operated and (y) is not otherwise operated as part of an ASP or similar business strategy being implemented by AOL, then AOL may request to SpeechWorks that such voice portal come under the scope of the grant of license hereunder and SpeechWorks will reasonably consider such request. In the event that SpeechWorks determines that such voice portal shall not fall under the scope of the grant of license hereunder, then AOL shall be permitted to license the SpeechWorks Software from SpeechWorks for such portal on [ ] per port pricing terms. (b) During the [ ] Period, [ ] Recognition Ports and System Seats which may be used by the permitted users specified in Section 2.1 (a) [ ] but (other than those already reported under the license in Section 2.1(a)(iii)(I)) shall be reported to SpeechWorks promptly on an Installation Report; provided, however, that after the end of the [ ] Period, [ ] Recognition Ports and System Seats that may be used by the permitted users specified in Section 2.1(a) [ ] of Recognition Ports and System Seats deployed immediately prior to the end of the Deployment Period, plus the additional Recognition Ports and System Seats licensed under Section 2.7, if any. (c) AOL and the other permitted users specified in Section 2.1(a), [ ], shall also be permitted to use (i) any currently available Rich Voice Content listed on Exhibit A; (ii) any standard updates made available during the Term to such Rich Voice Content listed on Exhibit A; and (iii) any other Rich Voice Content not listed on Exhibit A but generally made available by SpeechWorks to third-parties for no incremental cost, in each case only in connection with Purchaser’s the AOL Voice Portal and only to the extent such permitted users are entitled to use the Licensed Software. The use of all other Rich Voice Content not listed on Exhibit A shall be subject to written terms and conditions to be mutually agreed to by the Equipment purchased under this Agreementparties; provided, however, that with respect to such Rich Voice Content, AOL shall receive the [ ] then [ ] SpeechWorks customer for such content. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape(d) AOL, disc, semiconductor device or the AOL Affiliates and the other memory device or system memory consisting of: permitted users specified in Section 2.1 (a) hardwired logic instructions which manipulate data obtain no rights in the central processor Licensed Software pursuant to this Agreement except the rights expressly granted hereunder. Without limiting the foregoing, the scope of the rights and which control input- output operationslicenses granted hereunder excludes (i) all [ ], error diagnostics [ ] and recovery routines; [ ] service applications not used exclusively in connection with the AOL Voice Portal, (ii) all [ ] and [ ] not [ ] to an AOL Voice Portal, and (biii) instruction sequences all [ ] applications (including but not limited to [ ], [ ], [ ] (i.e., [ ]), [ ], [ ] product, and the like) not including any AOL [ ] portal or any other business oriented content for which the target audience is either a [ ] or [ ] users. If AOL elects to extend the scope of the rights and licenses granted in machineSection 2.1 to include any applications described in this Section 2.1(d), AOL shall [ ] the then-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use current Version of the programs. 12.3 Purchaser agrees that the SpeechWorks Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary [ ] to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this licenseAOL. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is hereby granted NORTHERN TELECOM INC. ("NORTEL") TELECOMMUNICATIONS PRODUCTS -------------------------------------------------------------------------------- THIS LEGAL DOCUMENT IS A LICENSE AGREEMENT ("License") BETWEEN YOU, THE END-USER ("CUSTOMER"), AND NORTEL. BY ACQUIRING A SYSTEM, AN UPGRADE TO AN EXISTING SYSTEM OR SOFTWARE PRODUCTS FROM NORTEL OR A NORTEL DISTRIBUTOR, YOU, THE CUSTOMER, AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. -------------------------------------------------------------------------------- Subject to the terms hereinafter set forth, NORTEL grants to CUSTOMER and/or its representatives, with a nonexclusive"need to know", nontransferablea personal, paidnon-up exclusive license (1) to use the Software only in connection with Purchaser’s use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tapesoftware, disc, semiconductor device proprietary to NORTEL or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; its suppliers and (b2) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely associated documentation. CUSTOMER is granted no title or ownership rights, in conjunction with or to the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software licensed software, in whole or in part; (c) not provide, disclose and CUSTOMER acknowledges that title to and all copyrights, patents, trade secrets and/or any other intellectual property rights to and in all such licensed software and associated documentation are and shall remain the property of NORTEL and/or NORTEL's suppliers. The right to use licensed software may be restricted by a measure of usage of applications based upon number of lines, number of ports , number of terminal numbers assigned, number of users, or make some similar measure. Expansion beyond the Software specified usage level may require payment of an incremental charge or another license fee. NORTEL considers the licensed software to contain "trade secrets" of NORTEL and/or its suppliers. Such "trade secrets" include, without limitation thereto, the specific design, structure and logic of individual licensed software programs, their interactions with other portions of licensed software, both internal and external, and the programming techniques employed therein. In order to maintain the "trade secret" status of the information contained within the licensed software, the licensed software is being delivered to CUSTOMER in object code form only. NORTEL or any portions of its suppliers holding any intellectual property rights in any licensed software, and/or any third party owning any intellectual property rights in software from which the licensed software was derived, are intended third party beneficiaries of this License. All grants of rights to use intellectual property intended to be accomplished by this License are explicitly stated. No other grants of such rights shall be inferred or aspects thereof available shall arise by implication. CUSTOMER warrants to any person except to its employees on a “need-to-know” basis without prior written consent NORTEL that CUSTOMER is not purchasing the rights granted by this License in anticipation of DSC; (d) hold reselling those rights. CUSTOMER shall: o Hold the Software and any portions or aspects thereof including related documentation licensed software in confidence for the benefit of DSCNORTEL and/or NORTEL's suppliers using no less a degree of care than it uses to protect its own most confidential and valuable information; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations o Keep a current record of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available location of each copy of licensed software made by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.it; and

Software License. 12.1 Purchaser The Software is hereby granted licensed, not sold, to Buyer, and is provided in object code form only. Subject to the terms of this Agreement ("Terms"), Verso grants to Buyer a nonexclusivepersonal, nontransferablenon-transferable, paidnon-up exclusive license to use the Software only in connection with Purchaser’s use object code of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tapesolely for Buyer's own internal business purposes (or the provision of telecommunication services to Buyer's direct customers) in accordance with the documentation, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor country in which Buyer acquired the Software, and only on the computer on which control input- output operationsthe Software is first installed (or a similar replacement unit) (the "License"). UNLESS OTHERWISE PROVIDED, error diagnostics and recovery routines; and EACH COPY OF THE SOFTWARE MAY BE USED ON A SINGLE COMPUTER ONLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE LICENSE IS LIMITED TO BUYER AND IS NON-TRANSFERRABLE. Any attempted transfer of the Software in violation of this restriction will be void. Buyer shall not (bnor shall Buyer permit any third party to): (i) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under manage, use or control telephony resources in excess of those for which Buyer have validly acquired the Agreement right to do so (e.g. the maximum number of "ports", "spans" or any enhancementother measures for which a valid and accepted sales order has been placed with Verso or its authorized resellers); (ii) decompile, modificationdisassemble, extension or expansion thereofreverse engineer, or an implementation of any otherwise attempt to derive the source code of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSCSoftware; (biii) not reproduce or copy embed the software Software, in whole or in part, within another product; (civ) modify, adapt, translate, copy, create derivative works of the Software; (v) distribute, sell or resell, assign, pledge, sublicense, lease, loan, rent, timeshare, use in a service bureau, assign, deliver or otherwise transfer the Software; and (vi) remove from the Software or alter any of the trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software. Buyer may copy the Software solely for archival and back-up purposes or to replace a worn or defective copy. All copies of the Software and Product documentation including, without limitation, translations, compilations, or partial copies, are the proprietary property and confidential information of Verso and may not providebe used or disclosed except as permitted by these Terms. Buyer shall not disclose, disclose provide or otherwise make available the Software or Product documentation or any part or copies thereof to any person other than employees of the Buyer who have a legitimate need to know. Buyer shall take all appropriate actions necessary to extend Buyer's confidentiality obligations under these Terms to any person permitted access to the Software or Product documentation. All right, title and interest to, and all applicable rights in patents, copyrights, trademarks, trade names and trade secrets and other proprietary rights relating to or in the Software or any portions of its parts shall remain solely vested in Verso or aspects thereof available to any person except its suppliers. The License is strictly limited to its employees on express terms and Verso reserves any rights in the Software not explicitly granted to Buyer. Any use of the Software outside the scope of the License will be deemed to be a “need-to-know” basis without prior material breach of these Terms. Verso may terminate the License if (i) Buyer breaches any of the provisions of these Terms and fails to cure such breach within fifteen (15) days after receipt of written consent notice thereof from Verso or (ii) if payment to Verso for Product is more than thirty (30) days past due. Buyer agrees that upon expiration of DSC; (d) hold the License, it will immediately return or destroy all copies of the Software of portions thereof and, if requested by Verso, will certify in writing to Verso the destruction or return of the Software and any portions or aspects thereof including related documentation in confidence for all copies thereof. Buyer acknowledges that Products may contain features that would prevent the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations use of the Purchaser hereunder shall not extend Products without a valid license. Buyer agrees that Verso may update, upgrade or revise its software products at any time and in doing so incurs no obligation to any information furnish the same to Buyer under these Terms. Additional restrictions may apply if a new or data relating to the Software which is now available to the general public or becomes available by reason updated version of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipmentprovided to Buyer.

Software License. 12.1 Purchaser This Article is hereby granted amended in its entirety to read as follows: 12.1 ALCATEL hereby grants Purchaser, and Purchaser hereby accepts, a nonexclusive, nontransferable, paid-up nontransferable license to use Software, and those features of the Software only in connection with Purchaser’s use for which activation has been authorized by ALCATEL, solely on a single System, or unit of Equipment, as may be applicable. Use of the Equipment purchased under this AgreementSoftware on multiple Systems or with any equipment furnished by a party other than ALCATEL or its authorized resellers is not licensed hereunder in the absence of a separate written agreement between the parties hereto. 12.2 Software licensed under this Agreement is proprietary to ALCATEL, and Purchaser agrees to treat such Software as “Confidential Information” (as the term is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 this Agreement). Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the such Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with on the Equipment. Purchaser agrees, within thirty (30) days after the occurrence of either of the following events, to return, or certify to ALCATEL in writing the destruction of, all Software, memory media, documentation and/or other material (a) that has been modified, updated, or replaced; and/or (gb) issue adequate instructions upon Purchaser’s discontinued use of the Equipment. Purchaser agrees that it shall not at any time modify, disassemble, or decompile such Software, or transfer or reverse engineer any portion of the Software or functioning of any Equipment, or permit others to do so, without ALCATEL’s prior written consent. Purchaser agrees it will not attempt to transfer Confidential Information, including any Software or System, without the prior written consent of ALCATEL. Purchaser further agrees that it shall not reproduce or copy such Software in whole or in part except for backup and archival purposes. Certain network management Software is provided by third parties and may be subject to additional license restrictions. 12.3 In the event of a Purchaser breach regarding Confidential Information, ALCATEL reserves the right, upon notice to Purchaser, to (a) require the immediate return of all appropriate personsConfidential Information, including all applicable Software and copies thereof, wherever such Confidential Information and copies thereof shall reside, including any and all associated documentation for which Purchaser is in breach of license rights, or has not paid the applicable fee, and take all actions reasonably necessary (b) terminate the license for such Software and associated documentation granted to satisfy Purchaser’s obligations under this license. Upon receipt of such notice, Purchaser agrees to immediately discontinue use and enjoyment of such Software and associated documentation. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The rights and obligations of Purchaser under this Article Articles 12 shall and 15 will survive the expiration or termination of this Agreement for any reason reason, and shall continued continue even if the Software is no longer utilized used with the Equipment.

Software License. 12.1 Purchaser is hereby granted Subject to payment of any and all applicable license fees set out in Attachment 6, Corvis grants to Customer a nonexclusiveperpetual (subject to termination pursuant to the terms of this Agreement), nontransferablepersonal, paid-up nontransferable (except as provided in this Agreement), and nonexclusive license (or, with respect to the Third Party Software, a sublicense) to use the Software only in connection with Purchaser’s use and its related Documentation provided pursuant to the terms of this Agreement. Use of the Software is restricted to the specified number of Network Elements or the designated equipment, as applicable ("Designated Equipment") set forth on Customer's Purchase Order(s). If a Designated Equipment purchased under becomes inoperative, Customer will have the right to use the Software on comparable backup equipment until such Designated Equipment is restored to operable status. No Software license fee shall be payable to Corvis with respect to spares. The license grants Customer no right to and Customer will not sublicense such Software, or modify, decompile, or disassemble Software furnished as object code to generate corresponding Source Code. Customer and its customers will be entitled to modify only the user-controlled features of the Software as provided for in the related Documentation. With respect to any Third Party Software, in addition to the terms and conditions herein, Customer will abide by the applicable terms and conditions for such Third Party Software. Attachment 12.1 lists the Third Party Software licenses that are applicable as of the date of this Agreement. 12.2 The CEM Software licensed under this Agreement provided for use on Sun Workstations may only be used on such workstation if such Software is defined as computer programs contained the only software running on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor such workstation and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used access to describe, maintain and use the programssuch workstation is password protected. 12.3 Purchaser agrees that the All Software to be provided (whether or not part of firmware) and its related documentation furnished by DSC under the Agreement or any enhancementCorvis, modificationand all copies thereof made by Customer, extension or expansion thereofincluding translations, or an implementation of any of the foregoing shallcompilations, as between the parties heretoand partial copies, be treated as are and will remain the exclusive property of DSC Corvis and as proprietary to its licensors. Customer will hold such Software and a trade secret of DSC. All rightsrelated documentation in strict confidence, title and interest in the Software are and shall remain with DSC subjectwill not, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the Corvis' prior written consent of DSC; (b) not reproduce consent, disclose, provide, provide access to, or copy the software otherwise make available, in whole or in part; , any Software or related documentation including any description of the Corvis Management Information Base (cMIB) not provide, disclose or make sections of the Software or any portions or aspects thereof available to any person anyone, except to its employees on employees, and those agents and subcontractors that are not competitors of Corvis having a “need-to-know” basis without prior written consent know for purposes of DSC; (d) hold operating or maintaining the related Product, and except to its customers to the extent necessary to permit them to utilize customer-controlled features in accordance with the applicable Documentation. Such availability shall be limited to only those portions of the Software and any portions or aspects thereof including its related documentation for which there is a need-to-know for purposes of operating or maintaining the related Product. All persons to whom the Software and relative documentation is made available shall have agreed in confidence for writing to obligations of confidentiality at least as protective as those set forth herein. Customer shall maintain an accurate and complete list of all persons having access to the benefit Software and its related documentation and shall maintain a log of DSC; (e) forthwith return persons accessing the Software and its related documentation and the nature of the access, e.g., edit, view, copy, etc. Customer shall provide Corvis with prompt written notice of any unauthorized use of the Software and its related documentation and fully cooperate with Corvis in enforcing Corvis' proprietary rights in the Software and its related documentation. Customer shall not, and shall not permit any other person to DSC any and all magnetic tapecopy, discduplicate, semiconductor device or other memory device or system and/or documentation of other material which has been replacedmodify, modifiedalter, enhance, revise, summarize, or updated; (f) utilize prepare derivative works from any portion of the MIB sections of the Software. Customer will not copy Software embodied in firmware. Customer will not make any copies of any other Software or related documentation except as necessary for maintaining archival copies in accordance with Customer's customary practices. Such archival copies shall be stored in a locked and secured container. Customer will reproduce and include any Corvis copyright and proprietary notice on all such necessary copies of the Software and its related documentation. Customer will take appropriate action, by instruction, agreement, or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction otherwise, with the Equipment; (g) issue adequate instructions persons permitted access to all appropriate persons, the Software and take all actions reasonably necessary related documentation to enable Customer to satisfy Purchaser’s its obligations under this licenseAgreement. When the Software and related documentation are no longer needed by Customer, or if Customer's license is canceled or terminated, Customer will return all copies of such Software and related documentation to Corvis or follow written disposition instructions provided by Corvis. 12.4 Subject to Corvis' approval which will not be unreasonably withheld, Customer may transfer its right-to-use Software furnished under this Agreement without the payment of an additional right-to-use fee by third party transferee, except for additional fees which would have been applicable to Customer with respect to usage sensitive factors (e.g., feature pricing based on activation level). Such transfer can be made to another end user for their own internal use, but not to any competitor of Corvis and only under the following conditions: (a) Such Software will be used only within the United States and such other countries for which such Software may be licensed from time to time under the terms of this Agreement. (b) The obligations right to use such Software may be transferred only together with the Designated Equipment with which Customer has a right to use such Software, as long as such transfer of the Purchaser hereunder shall not extend Designated Equipment is permitted pursuant to Section 15.3, and such right to use the Software will continue to be limited to use with such Designated Equipment; (c) Before any information or data relating such Software will be transferred, Customer will notify Corvis in writing of such intended transfer and the transferee will have agreed in writing (a copy of which will be provided to Corvis before such transfer) to the Software which is now available to the general public or becomes available by reason terms of acts or failures to act not attributable to Purchaserthis Agreement and any amendments thereto. 12.5 The obligations of Purchaser under this Article 12 shall survive Subject to Section 12.2, upon advance written notice to Corvis, Customer may physically transfer Software or optional feature packages, for which Customer has the termination of this Agreement for any reason right to use, from one Customer-owned workstation computer and shall continued even if relocate them to another Customer-owned workstation computer, provided that (a) the Product from which the Software is no longer utilized has been transferred will cease to be Designated Equipment for such transferred Software and the workstation to which the Software has been transferred will thereafter be deemed to be the Designated Equipment, and (b) the Software delivered by Corvis pursuant to a Purchase Order will not be resident at any time on more than the total number of items of Designated Equipment for such Software set forth on the applicable Purchase Order. Customer will not be required to pay additional right-to-use fees as a result of such relocation, except for additional fees which would have been applicable to Customer with respect to usage sensitive factors. 12.6 Provided that Customer has proceeded with volume deployment pursuant to Section 4, Corvis and Customer will enter into an escrow agreement, in the Equipmentform set forth in Attachment 12.6 and acceptable to both parties ("Escrow Agreement"). The escrow agent for the Escrow Agreement will be Fort ▇▇▇▇ Escrow Services, Inc. or another escrow agent acceptable to both parties. Corvis will bear the cost of providing Corvis' Source Code to the Escrow Agent. Customer will pay the Escrow Agent's charges, including any costs associated with testing the Source Code in Escrow or with release of such Source Code. Upon execution of the Escrow Agreement by both parties, Corvis will place in escrow the source code version of the Software (excluding Third Party Software). Thereafter, Corvis will supplement the materials in escrow to include upgrades and new releases of the Software (excluding Third Party Software) then in use by Customer. The Escrow Agreement will provide for the availability of the materials in escrow, subject to the terms and conditions of the Escrow Agreement.

Software License. 12.1 Purchaser With respect to any Licensed Software that is hereby granted included in the Transferred Assets (the "TRANSFERRED LICENSED SOFTWARE"), the Selling Parties, for themselves and on behalf of their Affiliates, shall, in accordance with Section 4.11(d), grant to the Partnership Entities and the Buyer and its Affiliates, a nonexclusiveworldwide nonexclusive royalty-free, nontransferableperpetual license, paid-up with the right to assign and sublicense only to such Affiliates, to use, copy, modify, enhance, and upgrade, solely for their internal business purposes and not as a service bureau, the Transferred Licensed Software, except as not permitted pursuant to any license to use the Software only in connection with Purchaser’s use relating thereto. Any copies of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Transferred Licensed Software and any portions documentation related thereto must contain all copyright and other intellectual property rights notices included thereon at the time of Closing. The Partnership Entities and Buyer shall not be entitled to receive and Selling Parties and their Affiliates shall have no obligation to provide any modifications, enhancements, or aspects thereof including upgrades made to the Transferred Licensed Software developed subsequent to the date of transfer of such Licensed Transferred Software to the Buyer or the Partnership Entities. To the extent that they possess such, the Selling Parties and their Affiliates shall provide copies to Buyer and the Partnership Entities of the source code for all Transferred Licensed Software. Ownership of all intellectual property rights in the Transferred Licensed Software remains with Selling Parties and their Affiliates; provided, following the date of transfer to Buyer and the Partnership Entities, the intellectual property rights to any modifications, enhancements and upgrades to the Transferred Licensed Software will be owned by the party making such modifications, enhancements and upgrades and there shall be no right for any party to disclose such to any other party. The Partnership Entities and Buyer shall not take any action that is materially inconsistent with the Selling Parties' and their Affiliates' rights in the Transferred Licensed Software. Except as otherwise expressly provided in this section, the Transferred Licensed Software and any related documentation in confidence are provided on an "as is" basis, and the Selling Parties and their Affiliates hereby expressly disclaim any implied warranty of merchantability or fitness for a particular purpose. The Selling Parties and their Affiliates do not warrant that the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Transferred Licensed Software or any portions documentation are error-free or aspects that the Partnership Entities' or Buyer's use thereof (including any methods will be uninterrupted. Buyer shall have the right to transfer its rights as granted herein to a third party only upon the sale or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to transfer of all appropriate persons, and take or substantially all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall Securities or the assets of the Partnership Entities or a majority of the New LLC Interests to such third party, except to the extent any such transfer is not extend permitted pursuant to any information or data license relating thereto. All rights with respect to Transferred Licensed Software not expressly granted to Buyer in this Section 4.12 are retained by the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to PurchaserSelling Parties and their Affiliates. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser As to the interface Software on the CD-ROM, and accompanying documentation, the following licensing terms and conditions apply. You may install the Software on any single computer or game platform, and make one (1) copy thereof for backup or archival purposes. You shall not install or operate the Software concurrently on different computers and/or game platforms. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; provided, however, that you must acquire and dedicate a license for each separate computer on or from which the Software is installed or run. The Software may not be shared or used concurrently on different computers. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software, or to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. Subject to the terms of this Agreement, we hereby granted grant to you a nonexclusivenon-exclusive, nontransferable, paid-up revocable license to use the Software only solely in connection with Purchaser’s use of accessing the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tapeSystem in order to play the Game via an authorized and fully paid or Trial Period Account. YOU MAY NOT COPY (EXCEPT TO INSTALL ONE COPY ON YOUR FIXED DRIVE OR STORAGE DEVICE), discDISTRIBUTE, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operationsRENT, error diagnostics and recovery routinesLEASE, LOAN, MODIFY OR CREATE DERIVATIVE WORKS, ADAPT, TRANSLATE, PERFORM, DISPLAY, OR SUBLICENSE THE SOFTWARE. YOU MAY NOT TRANSFER THE SOFTWARE, EXCEPT AS PART OF A TRANSFER OF YOUR ENTIRE ACCOUNT, IF PERMITTED BY THE EUALA THEN IN EFFECT, OR EXCEPT AS PART OF THE TRANSFER OF YOUR COMPUTER ON WHICH THE SOFTWARE IS INSTALLED TO A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, A PUBLIC LIBRARY, OR A TAX-EXEMPT 501[c][3] ENTITY, OR TO ANOTHER CONSUMER; and (b) instruction sequences in machine-readable code that control call processingPROVIDED HOWEVER, peripheral equipmentTHAT SUCH A TRANSFER OF YOUR COMPUTER DOES NOT, administration and maintenance functions as well as associated documentation used to describeIN ITSELF, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of TRANSFER YOUR ACCOUNT. You may not copy any of the foregoing shallwritten materials accompanying the CD- ROM. You may not reverse engineer, as between the parties heretodisassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, be treated as the exclusive property all or any portion of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or anything incorporated therein or permit any portions or aspects thereof available third party to any person do so except to its employees on a “need-to-know” basis without prior written consent the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management technology, circumvention or disabling of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if prohibited. If the Software is no longer utilized with an update, any transfer must include the Equipmentupdate and all prior revisions.

Software License. 12.1 Purchaser is hereby granted Subject to the terms and conditions of this Agreement, Supplier grants Buyer a nonexclusivenon-exclusive, nontransferableworldwide, paidirrevocable (except as set forth in this Section 2.6), non-up license transferable (except as permitted under Section 14.2 of the Base Agreement), [*] license, under all of Buyer's intellectual property rights in the Supplier Software to use, execute, perform, display, sublicense (as set forth in Section 2.8 below) and distribute the Supplier Software with the Product and any Error Corrections solely for use with the Software only Product in connection with Purchaser’s use Buyer's sale, marketing and licensing (in the case of the Equipment purchased Supplier Software) of the Products. The forgoing shall license shall include the right to reproduce (on any media or using any distribution technology whatsoever, whether known or unknown) Error Corrections for distribution to Buyer Resellers and End Users for use with the Products and a reasonable number of copies of Supplier Software for use internally in connection with support of the Product. The rights and licenses under this Agreement. 12.2 Software licensed Section 2.6 may be revoked by Supplier upon a material breach of the Agreement that Buyer fails to cure within [*] of receipt of written notice from Supplier specifying the material breach. Notwithstanding any such revocation, any sublicenses granted to End Users by Buyer prior to the date of any revocation of rights and licenses under this Agreement is defined as computer programs contained on Section 2.6 shall continue in full force and effect. From time to time, Supplier may decide that in lieu of providing Buyer with Error Corrections it will instead provide Buyer with a magnetic tapesubsequent version or release of the Supplier Software for which Buyer would normally be charged a royalty (e.g., disca subsequent version or release that also provides additional functionality or capability). In such cases, semiconductor device Buyer shall be entitled to distribute such subsequent version or other memory device release of the Supplier Software to End Users in order to resolve errors, defect or system memory consisting of: (a) hardwired logic instructions which manipulate data bugs in the central processor prior version of the Supplier Software reported by such End Users [*] to Supplier, provided that such Software is necessary to cause the Product to work in accordance with its Functional Specifications in the absence of a Error Correction and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machineBuyer does not charge End-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that Users for such subsequent version or release of the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or beyond an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably amount necessary to satisfy Purchaser’s obligations under this licenserecover Buyer's reasonable cost and expenses of distributing such Supplier Software (e.g., costs of media, shipment, etc. 12.4 The obligations of ). Upon request, Buyer will provide Supplier with reasonable information to demonstrate that such Supplier Software was only distributed [*] to End, Users reporting the Purchaser hereunder shall not extend to any information errors, defects or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaserbugs. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Seller hereby grants to each Purchaser is hereby granted a nonexclusivelimited, nontransferableworld-wide, paidnon-up exclusive, irrevocable (except as set forth in Section 12.2), royalty-free license to for the life of the Equipment, under all of its applicable IP Rights only for use by Purchasers and Subscribers (in accordance with Purchaser’s standard terms and conditions that are consistent with the terms and conditions contained in this Agreement), the Software that is provided to such Purchaser hereunder, including without limitation any modifications, revisions or enhancements provided to such Purchaser. Such license shall be limited to the use of the Software by Purchasers only in connection with Purchaser’s the use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Purchasers may transfer Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole as permitted pursuant to Section 26.4 or in part; connection with a transfer of the Equipment hardware to any subsequent third party purchaser of such Equipment who acquires such Equipment in connection with either (ci) not provide, disclose a purchase or make the Software other acquisition of all or any portions portion of a Purchaser’s System in which the Equipment has been deployed (whether by purchase or aspects thereof available conveyance of assets or stock, merger, consolidation or other business reorganization), or (ii) a disposition of surplus Equipment that was originally purchased for deployment and not for resale by the Purchaser, provided that such third party purchaser agrees in a writing to any person except be bound by the terms of this Agreement regarding ownership, use, and restrictions on use, of the Software; provided further that, before a Purchaser may make such a disposition, it shall first offer Seller the opportunity to its employees on repurchase the Equipment upon the same terms to be offered to such third party and Seller shall have [**] Business Days to accept such offer. Each Purchaser may make a “need-to-know” basis without prior written consent reasonable number of DSC; (d) hold copies of the Software and any portions or aspects thereof including related documentation in confidence use such copies for Downloading Software modifications, releases and enhancements and for backup and archival purposes. No other license agreement for the benefit same subject matter, executed by a Purchaser contemporaneously with, or purporting to become effective upon opening the delivery wrapper, shall alter, modify or amend the terms of DSC; (e) forthwith the licenses granted pursuant to this Section. Purchasers may, at any time, terminate a Software license upon [**] days prior notice to Seller. Upon expiration or termination of a Software license, Purchaser shall return to DSC any and Seller or destroy all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation copies of other material the Software for which such license has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this licenseterminated. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is hereby granted 7.1. Subject to the terms of this Agreement, Cisco grants to Subcontractor a nonexclusive, nontransferable, paid-up nonexclusive and nontransferable license to use the Software only specified in connection with Purchaser’s the SOW in object code form and related documents (e.g. technical specifications, manuals) for the sole purpose of providing Services and preparing Subcontractor Work Product pursuant to such SOW. The license granted herein shall be for use of the Equipment purchased under Software solely as provided in this Agreement. 12.2 Software licensed under Section 7 and the SOW. Unless expressly authorized in a specific SOW, this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used license shall extend only to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under integrated into products delivered to and installed for Customer. EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS AGREEMENT AND A SPECIFIC SOW, SUBCONTRACTOR SHALL NOT (AND SHALL NOT PERMIT A THIRD PARTY TO): COPY, IN WHOLE OR IN PART, SOFTWARE OR RELATED DOCUMENTS; USE THE SOFTWARE ON UNAUTHORIZED) OR SECONDHAND CISCO EQUIPMENT; MAKE ERROR CORRECTIONS OR OTHERWISE MODIFY THE SOFTWARE OR DOCUMENTS; DECOMPILE, DECRYPT, REVERSE ENGINEER, DISASSEMBLE OR OTHERWISE REDUCE ALL OR ANY PORTION OF THE SOFTWARE TO HUMAN-READABLE FORM; OR TRANSFER, SUBLICENSE, RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE OR DOCUMENTS. 7.2. Section 3 of this Agreement, Confidentiality, applies to the Agreement or Software licensed herein above. Subcontractor shall maintain and reproduce all copyright and other proprietary notices on all copies, in any enhancementform, modificationof the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Subcontractor agrees that aspects of the Software and associated documentation, extension or expansion thereofincluding the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Cisco. Subcontractor shall not disclose, provide, or an implementation otherwise make available such trade secrets of copyrighted material in any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary form to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software any third party without the prior written consent of DSC; (b) not reproduce Cisco. Subcontractor shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Cisco. 7.3. This license is effective until terminated either separately or copy upon termination of this Agreement. Upon termination Subcontractor shall destroy or return to Cisco all copies of Software and documents relating thereto in its possession. If Subcontractor destroys licensed materials, it shall certify in writing to Cisco that such destruction has occurred. Termination of the software license granted in whole this Section 7 is automatic upon expiration or in part; (c) not providetermination of this Agreement. Cisco also may terminate this license upon written or oral notice to Subcontractor, disclose with or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent notice. Subcontractor also may terminate this license at any time by destroying all copies of DSC; (d) hold the Software and documents relating thereto which are in Subcontractor's possession and notifying Cisco of the termination. This license will terminate immediately without notice from Cisco if Subcontractor fails to comply with any portions or aspects thereof including related documentation in confidence for the benefit provision of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations 7.4. If any portion of this license section is found to be void or unenforceable, the Purchaser hereunder remaining provisions of this license shall not extend to any information or data relating remain in full force and effect. This license constitutes the entire license between the parties with respect to the Software which is now available to the general public or becomes available by reason use of acts or failures to act not attributable to PurchaserSoftware. 12.5 The obligations of Purchaser under this Article 12 shall survive 7.5. Cisco's commercial software and commercial computer software documentation is provided to United States Government agencies in accordance with the termination terms of this Agreement for any reason software license, and shall continued even if the Software is no longer utilized with the Equipment.per subparagraph "

Software License. 12.1 Purchaser is hereby granted DISTRIBUTOR acknowledges that it may receive Software as a nonexclusive, nontransferable, paid-up license to use the Software only in connection with Purchaser’s use result of the Equipment purchased services provided under this Agreement. 12.2 . DISTRIBUTOR agrees that it is licensed to distribute such Software licensed only on Product covered under the services and subject to the terms and conditions of this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction granted with the Equipment during the useful life of the Equipmentoriginal acquisition. Purchaser shall: (a) Except as otherwise specified in this Exhibit, DISTRIBUTOR shall not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software copy, in whole or in part; (c) not provide, disclose or make the Software or documentation; modify the Software, reverse compile or reverse assemble all or any portions portion of the Software; or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic taperent, disclease, semiconductor device or other memory device or system and/or documentation of other material which has been replaceddistribute, modifiedsell, or updated; (f) utilize create derivative works of the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely Software. To ensure that all problems are reported in conjunction with a standard format, Cisco has established the Equipment; (g) issue adequate instructions following problem priority definitions. These definitions will assist Cisco in allocating the appropriate resources to resolve problems. Distributor must assign a priority to all appropriate personsproblems submitted to Cisco. [*****] PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this licenseINSTALLING OR USING CISCO OR CISCO-SUPPLIED SOFTWARE. BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE BINDING THE BUSINESS ENTITY THAT YOU REPRESENT ("CUSTOMER") TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM CISCO OR AN AUTHORIZED CISCO RESELLER, AND APPLIES ONLY IF CUSTOMER IS THE ORIGINAL END USER PURCHASER. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is Effective upon the Closing Date, Seller, for itself and on behalf of its Affiliates, hereby granted a grants to the Company, Buyer and its Affiliates, an irrevocable, nonexclusive, nontransferableroyalty-free, paid-up license perpetual license, without right to use the Software only sublicense (other than to its Affiliates), to use, copy, modify, enhance, and upgrade, and to have modified, used, enhanced and upgraded, solely for their internal business purposes and not as a service bureau, all computer software owned by Seller and/or its Affiliates which is used in connection with Purchaser’s use the business of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined Company as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions conducted as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSCClosing Date ("LICENSED SOFTWARE"). All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life Any copies of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Licensed Software and any portions or aspects thereof including documentation related documentation thereto must contain all copyright and other intellectual property rights notices included thereon. Except to the extent expressly provided in confidence for the benefit of DSC; (e) forthwith return Transition Services Agreement, the Company and Buyer shall not be entitled to DSC receive, and Seller and its Affiliates shall have no obligation to provide, any and all magnetic tapemodifications, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modifiedenhancements, or updated; (f) utilize upgrades made to the Licensed Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely by Seller subsequent to the Closing Date. Ownership of all Intellectual Property rights in conjunction the Licensed Software remains with the Equipment; (g) issue adequate instructions to all appropriate personsSeller and its Affiliates. Buyer shall not, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to permit any information or data relating of its Affiliates to, take any action inconsistent with Seller's and its Affiliates' rights in the Licensed Software. All rights not expressly granted herein to the Software which is now available to the general public or becomes available Company and Buyer are retained by reason of acts or failures to act not attributable to PurchaserSeller and its Affiliates. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE LICENSED SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS. SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER AND ITS AFFILIATES DO NOT WARRANT THAT THE LICENSED SOFTWARE OR DOCUMENTATION ARE ERROR-FREE OR THAT COMPANY'S OR BUYER'S USE THEREOF WILL BE UNINTERRUPTED. ALL RIGHTS NOT EXPRESSLY GRANTED TO BUYER AND ITS AFFILIATES ARE RETAINED BY SELLER AND ITS AFFILIATES. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser The Software is hereby granted licensed, not sold, to Buyer, and is provided in object code form only. Subject to the terms of this Agreement ("Terms"), Verso grants to Buyer a nonexclusivepersonal, nontransferablenon-transferable, paidnon-up exclusive license to use the Software only in connection with Purchaser’s use object code of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tapesolely for Buyer's own internal business purposes (or the provision of telecommunication services to Buyer's direct customers) in accordance with the documentation, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor country in which Buyer acquired the Software, and only on the computer on which control input- output operationsthe Software is first installed (or a similar replacement unit) (the "License"). UNLESS OTHERWISE PROVIDED, error diagnostics and recovery routines; and EACH COPY OF THE SOFTWARE MAY BE USED ON A SINGLE COMPUTER ONLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE LICENSE IS LIMITED TO BUYER AND IS NON-TRANSFERABLE. ANY ATTEMPTED TRANSFER OF THE SOFTWARE IN VIOLATION OF THIS RESTRICTION WILL BE VOID. Buyer shall not (bnor shall Buyer permit any third party to): (i) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under manage, use or control telephony resources in excess of those for which Buyer have validly acquired the Agreement right to do so (e.g. the maximum number of "ports", "spans" or any enhancementother measures for which a valid and accepted sales order has been placed with Verso or its authorized resellers); (ii) decompile, modificationdisassemble, extension or expansion thereofreverse engineer, or an implementation of any otherwise attempt to derive the source code of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSCSoftware; (biii) not reproduce or copy embed the software Software, in whole or in part, within another product; (civ) modify, adapt, translate, copy, create derivative works of the Software; (v) distribute, sell or resell, assign, pledge, sublicense, lease, loan, rent, timeshare, use in a service bureau, assign, deliver or otherwise transfer the Software; and (vi) remove from the Software or alter any of the trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software. Buyer may copy the Software solely for archival and back-up purposes or to replace a worn or defective copy. All copies of the Software and Product documentation including, without limitation, translations, compilations, or partial copies, are the proprietary property and confidential information of Verso and may not providebe used or disclosed except as permitted by these Terms. Buyer shall not disclose, disclose provide or otherwise make available the Software or Product documentation or any part or copies thereof to any person other than employees of the Buyer who have a legitimate need to know. Buyer shall take all appropriate actions necessary to extend Buyer's confidentiality obligations under these Terms to any person permitted access to the Software or Product documentation. All right, title and interest to, and all applicable rights in patents, copyrights, trademarks, trade names and trade secrets and other proprietary rights relating to or in the Software or any portions of its parts shall remain solely vested in Verso or aspects thereof available to any person except its suppliers. The License is strictly limited to its employees on express terms and Verso reserves any rights in the Software not explicitly granted to Buyer. Any use of the Software outside the scope of the License will be deemed to be a “need-to-know” basis without prior material breach of these Terms. Verso may terminate the License if (i) Buyer breaches any of the provisions of these Terms and fails to cure such breach within fifteen (15) days after receipt of written consent notice thereof from Verso or (ii) if payment to Verso for Product is more than thirty (30) days past due. Buyer agrees that upon expiration of DSC; (d) hold the License, it will immediately return or destroy all copies of the Software of portions thereof and, if requested by Verso, will certify in writing to Verso the destruction or return of the Software and any portions or aspects thereof including related documentation in confidence for all copies thereof. Buyer acknowledges that Products may contain features that would prevent the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations use of the Purchaser hereunder shall not extend Products without a valid license. Buyer agrees that Verso may update, upgrade or revise its software products at any time and in doing so incurs no obligation to any information furnish the same to Buyer under these Terms. Additional restrictions may apply if a new or data relating to the Software which is now available to the general public or becomes available by reason updated version of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipmentprovided to Buyer.

Software License. 12.1 Purchaser is hereby granted 2.1 As long as you comply with the terms and conditions of this Agreement and subject to the conditions of use set forth below, AGI grants to you a nonexclusivenon-exclusive, nontransferable, paidnon-up transferable license to use the Software only in connection with Purchaser’s AGI Viewer solely for the purpose of viewing files created using an AGI Authoring Application. You accept all responsibility and liability resulting from the selection of the AGI Viewer to achieve your intended results, and for installation, use and results obtained from the AGI Viewer, and for reliance on the results obtained. 2.2 You may make and distribute unlimited copies of the AGI Viewer to third parties, provided all such copies include this Agreement and that use of the Equipment purchased under this AgreementAGI Viewer is conditioned on the assent of the recipient to the terms hereof. You must reproduce and include the copyright and other proprietary notices of AGI on all copies of all or any portion of the AGI Viewer and the Documentation made by you. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape2.3 YOU SHALL NOT USE, discCOPY, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operationsMODIFY OR TRANSFER THE AGI VIEWER OR DOCUMENTATION OR ANY COPY, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processingMODIFICATION OR MERGED PORTION THEREOF, peripheral equipmentIN WHOLE OR IN PART, administration and maintenance functions as well as associated documentation used to describeEXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT. FURTHERMORE, maintain and use the programsYOU SHALL NOT REVERSE ENGINEER, DISSEMBLE, DECOMPILE OR OTHERWISE ATTEMPT TO RECONSTRUCT OR DISCOVER ANY SOURCE CODE, DATA, DIGITAL CERTIFICATES, PASSWORDS, UNDERLYING IDEAS, ALGORITHMS, FILE FORMATS OR PROGRAMMING INTERFACES OF THE AGI VIEWER, OR ALLOW OTHERS TO ATTEMPT ANY OF THE FOREGOING. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser This Article is hereby granted amended in its entirety to read as follows: 12.1 ALCATEL hereby grants Purchaser, and Purchaser hereby accepts, a nonexclusive, nontransferable, paid-up nontransferable license to use Software, and those features of the Software only in connection with Purchaser’s use for which activation has been authorized by ALCATEL, solely on a single System, or unit of Equipment, as may be applicable. Use of the Equipment purchased under this AgreementSoftware on multiple Systems or with any equipment furnished by a party other than ALCATEL or its authorized resellers is not licensed hereunder in the absence of a separate written agreement between the parties hereto. 12.2 Software licensed under this Agreement is proprietary to ALCATEL, and Purchaser agrees to treat such Software as "Confidential Information" (as the term is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 this Agreement). Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the such Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with on the Equipment. Purchaser agrees, within thirty (30) days after the occurrence of either of the following events, to return, or certify to ALCATEL in writing the destruction of, all Software, memory media, documentation and/or other material (a) that has been modified, updated, or replaced; and/or (gb) issue adequate instructions upon Purchaser's discontinued use of the Equipment. Purchaser agrees that it shall not at any time modify, disassemble, or decompile such Software, or transfer or reverse engineer any portion of the Software or functioning of any Equipment, or permit others to do so, without ALCATEL's prior written consent. Purchaser agrees it will not attempt to transfer Confidential Information, including any Software or System, without the prior written consent of ALCATEL. Purchaser further agrees that it shall not reproduce or copy such Software in whole or in part except for backup and archival purposes. Certain network management Software is provided by third parties and may be subject to additional license restrictions. 12.3 In the event of a Purchaser breach regarding Confidential Information, ALCATEL reserves the right, upon notice to Purchaser, to (a) require the immediate return of all appropriate personsConfidential Information, including all applicable Software and copies thereof, wherever PROPRIETARY AND CONFIDENTIAL to McLeodUSA Incorporated and Alcatel USA Marketing, Inc. such Confidential Information and copies thereof shall reside, including any and all associated documentation for which Purchaser is in breach of license rights, or has not paid the applicable fee, and take all actions reasonably necessary (b) terminate the license for such Software and associated documentation granted to satisfy Purchaser’s obligations under this license. Upon receipt of such notice, Purchaser agrees to immediately discontinue use and enjoyment of such Software and associated documentation. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The rights and obligations of Purchaser under this Article Articles 12 shall and 15 will survive the expiration or termination of this Agreement for any reason reason, and shall continued continue even if the Software is no longer utilized used with the Equipment.

Software License. 12.1 Purchaser is hereby granted 10.1 Subject to the terms of this Agreement, FireEye grants to Subcontractor a nonexclusive, nontransferable, paid-up limited license to use Software specified in the Software only Work Order in connection with Purchaser’s object code form and related documents (e.g. technical specifications, manuals) for the sole purpose of providing Services and preparing Subcontractor Work Product pursuant to such Work Order. The license granted herein shall be for use of the Equipment purchased under Software solely as provided in this Agreement. 12.2 Software licensed under Section 10 and the Work Order. Unless expressly authorized in a specific Work Order, this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used license shall extend only to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under integrated into products delivered to and installed for FireEye’s customer or for the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation purpose of any training FireEye’s customers in the use of the foregoing shallSoftware. EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS AGREEMENT AND A SPECIFIC WORK ORDER, as between the parties heretoSUBCONTRACTOR SHALL NOT (AND SHALL NOT PERMIT A THIRD PARTY TO): COPY, be treated as the exclusive property IN WHOLE OR IN PART, SOFTWARE OR RELATED DOCUMENTS; MAKE ERROR CORRECTIONS OR OTHERWISE MODIFY THE SOFTWARE OR DOCUMENTS; DECOMPILE, DECRYPT, REVERSE ENGINEER, DISASSEMBLE OR OTHERWISE REDUCE ALL OR ANY PORTION OF THE SOFTWARE TO HUMAN- READABLE FORM; OR TRANSFER, SUBLICENSE, RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE OR DOCUMENTS. 10.2 This license is effective until terminated either separately or upon termination of DSC this Agreement. Upon termination Subcontractor shall destroy or return to FireEye all copies of Software and as proprietary to and a trade secret of DSCrelated documents in its possession. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold If Subcontractor destroys the Software and documentation related thereto, it shall certify in writing to FireEye that such destruction has occurred. Termination of the license granted in this Section 10 is automatic upon expiration or termination of this Agreement. FireEye also may terminate this license upon written or oral notice to Subcontractor, with or without prior notice. Subcontractor also may terminate this license at any portions or aspects thereof including related documentation time by destroying all copies of Software and documents relating thereto which are in confidence for Subcontractor’s possession and notifying FireEye of the benefit termination. This license will terminate immediately without notice from FireEye if Subcontractor fails to comply with any provision of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is hereby granted THE FOLLOWING SOFTWARE LICENSE PROVISIONS APPLY TO COMPAQ SOFTWARE AND SERVICES UNLESS THE COMPAQ SOFTWARE OR SERVICE IS PROVIDED UNDER SHRINKWRAP OR OTHER SOFTWARE LICENSE PROVISIONS ACCOMPANYING OR APPLICABLE TO A PARTICULAR COMPAQ PRODUCT OR SERVICE IN WHICH CASE THE LATTER PROVISIONS SHALL APPLY. ALL SHRINK- WRAPPED COMPAQ SOFTWARE AND THIRD PARTY SOFTWARE LICENSED DIRECTLY BY A THIRD PARTY ARE SUBJECT ONLY TO THE LICENSE TERMS EITHER ACCOMPANYING THE SOFTWARE OR PROVIDED AT A DESIGNATED WEB SITE. Upon the purchase of a nonexclusivelicense for any item of COMPAQ Software, nontransferableCOMPAQ grants to CUSTOMER a non-exclusive, paidnon-up transferable license (except with COMPAQ’s written and express permission), without right to sublicense, to use the current version of the COMPAQ Software on the Designated System pursuant to the applicable license type and Software Product Description, and for CUSTOMER’s internal business use only. No ownership or title to COMPAQ Software is transferred to CUSTOMER. CUSTOMER will not reverse engineer except to the extent that COMPAQ cannot prohibit such acts by law, decompile or reverse compile, disassemble, list, print or display any COMPAQ Software or otherwise attempt to obtain the source code or other proprietary or confidential information from any COMPAQ Software. No COMPAQ Software or part thereof may be duplicated by CUSTOMER except that CUSTOMER may make copies only for purposes of licensed use and make one copy of any machine-readable portion solely for CUSTOMER’s normal archival or security backup purposes. CUSTOMER will properly reproduce on each such copy all notices of patent rights, copyrights, trademark rights or trade secret rights in connection with Purchasersuch COMPAQ Software or any part thereof. Products may be used by CUSTOMER’s employees and agents who have agreed to these license terms and use the COMPAQ Software on CUSTOMER’s behalf. CUSTOMER shall be responsible for any breaches of these license terms by its employees and agents. CUSTOMER will maintain records matching the use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device Products to the license grants and make records available to COMPAQ or other memory device the third party developer upon reasonable notice. The owner or system memory consisting of: (a) hardwired logic instructions which manipulate data developer of the proprietary technology in the central processor and which control input- output operationsProducts may enforce these license terms. CUSTOMER may terminate the license for any COMPAQ Software together with the obligation to pay further applicable license charges, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use effective 30 days after the programs. 12.3 Purchaser agrees that notice of termination is received by COMPAQ. Upon the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation termination of any license granted hereunder for any item of the foregoing shallCOMPAQ Software for any reason, as between the parties hereto, be treated as the exclusive property all rights of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser CUSTOMER to use the software solely item of COMPAQ Software will cease, and • CUSTOMER will immediately destroy or return such COMPAQ Software, all back-up copies, and portions or derivative works thereof. • Upon request, CUSTOMER will promptly certify to COMPAQ in conjunction with the Equipment during the useful life writing, that all copies of the EquipmentCOMPAQ Software have been returned to COMPAQ or destroyed. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce • There will be no refund for any license for which a fee or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which charge has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this licensepaid. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is 6.1 For each item of Additional Licensed Software, Fidelity hereby granted grants to Client and Client accepts a nonexclusiveperpetual, nontransferable, paid-up nonexclusive and nontransferable right and license to use the Additional Licensed Software, for Client's own internal uses in accordance with the terms of this Exhibit, in machine readable form on the equipment on which it is installed by Fidelity or on which it is licensed solely for operation by Client; provided, however, that the Additional Licensed Software only in connection with Purchaser’s use may be used on other comparable equipment on a temporary basis during a malfunction of the Equipment purchased under this original equipment. If Client is operating the Additional Licensed Software in-house, those portions of Additional Licensed Software running on an AS/400 shall be operated in a single server arrangement. That portion of Additional Licensed Software running on personal computers shall be operated only on the personal computers on which it is installed. The license granted hereunder shall be perpetual, unless terminated earlier pursuant to Section 11 of the Agreement. 12.2 6.2 Fidelity has designed, developed, and made available the Additional Licensed Software, which is proprietary to Fidelity and contains trade secrets of Fidelity and/or its suppliers. Use of the Additional Licensed Software licensed under (and any modifications to the Additional Licensed Software) is strictly governed by this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device Exhibit. No title or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data ownership in the central processor and which control input- output operationsAdditional Licensed Software is transferred to Client. Client shall not copy or in any way duplicate the Additional Licensed Software, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processingexcept for backup procedures. This Agreement may not be assigned, peripheral equipment, administration and maintenance functions as well as associated documentation used nor may the Additional Licensed Software be sublicensed or otherwise transferred to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereofa third party, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence used by Client for the benefit of DSC; a third party. The Additional Licensed Software is licensed to Client for use by Client for itself, and its subsidiaries, and affiliates of Client (e) forthwith return to DSC the term "affiliate" means any entity Controlled by or under common Control with Client. "Control" and all magnetic tapeits derivatives shall mean the legal, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modifiedbeneficial, or updated; (f) utilize the Software equitable ownership, directly or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate personsindirectly, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of at least 50% of the Purchaser hereunder aggregate of all voting equity interests in an entity or equity interests having at least 50% of the assets of an entity and, in the case of a partnership, also includes the holding by an entity [or one of its affiliates] of the position of sole general partner). Under no circumstances shall not extend to any information Client disclose the Additional Licensed Software to, or data relating to use the Additional Licensed Software which is now available to the general public or becomes available by reason on behalf of, a competitor of acts or failures to act not attributable to PurchaserFidelity. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is 1.1 ALLSCRIPTS hereby granted grants, and CUSTOMER hereby accepts, on the terms and conditions contained herein, a nonexclusivenon-transferable, nontransferable, paid-up non- exclusive and periodically renewable site license to use use: 1) TouchScript Software, together with all upgrades and enhancements thereof supplied by ALLSCRIPTS, 2) associated databases and software products supplied by ALLSCRIPTS, except the Software only Microsoft products licensed separately from Microsoft to CUSTOMER as discussed in connection with Purchaser’s use Section 1.2 and 3) all related materials supplied by ALLSCRIPTS (hereinafter collectively, the "PRODUCTS"). The rights granted in this Section 1.1 are referred to herein as the "SOFTWARE LICENSE". The Products, and all modifications, supplements, translations, updated works and compilations thereof, are trade secrets and the proprietary copyrighted property of ALLSCRIPTS or, in the case of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tapeMicrosoft products and certain databases, discof either Microsoft or another third party, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in respectively, and title to the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and Products shall remain at all times with DSC subjectALLSCRIPTS, howeverMicrosoft or the other third party as applicable. CUSTOMER shall not advertise nor use any names, to a license to Purchaser to use the software solely symbols or trademarks of ALLSCRIPTS in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software any advertising in any manner without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the ALLSCRIPTS. Upon termination of this Agreement Agreement, for any reason reason, CUSTOMER shall immediately discontinue the use and shall continued even if advertising of any name, symbol or trademark of ALLSCRIPTS. CUSTOMER SHALL NOT MODIFY, CHANGE, REVERSE ENGINEER, COPY ELECTRONICALLY OR IN ANY OTHER FORM, AND/OR TAMPER WITH THE PRODUCTS WITHOUT THE EXPRESS WRITTEN CONSENT OF ALLSCRIPTS. 1.2 The Microsoft products contained or referenced in the Software accompanying Microsoft software packages or Microsoft license agreements have been integrated or pre-installed as part of the Allscripts solution. Each Microsoft product is no longer utilized subject to its respective Microsoft End User License Agreement contained in the accompanying software packages or license agreements with the Equipmentexception that the Microsoft product functionality as integrated in the Allscripts solution may differ from a non-integrated Microsoft product and any issues concerning the functionality or performance of the Allscripts solution and the Microsoft products should be directed to Allscripts and not to Microsoft. If the accompanying Microsoft product software package is in the form of a "Microsoft License Pak," "Microsoft Multiple License Pak" or a "Microsoft Open License" (as opposed to a full packaged product), the right to make additional copies of the Microsoft product has already been exercised by Allscripts in integrating or pre-installing the Microsoft product in this solution. CUSTOMER, therefore, may not make additional copies of the product pursuant to the Microsoft License Pak, Microsoft Multiple License Pak or Microsoft Open License notwithstanding any license terms in such document.

Software License. 12.1 Purchaser IMPORTANT-READ CAREFULLY: This End-User License Agreement ("Agreement" or “▇▇▇▇”) is hereby granted a nonexclusivelegal agreement between you (either an individual person or a single legal entity, nontransferablewho will be referred to in this ▇▇▇▇ as "You") and Eclipse Corporation WSL, paidInc. referred to in this ▇▇▇▇ as Eclipse Corporation, for the DocOrigin software product that accompanies this ▇▇▇▇, including any associated media, printed materials and electronic documentation (the "Software"). The Software also encompasses any software updates, add-up license on components, web services and/or supplements that may be provided to use you or made available to you after the Software only in connection with Purchaser’s use date you obtain the initial copy of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided the extent that such items are not accompanied by DSC under the Agreement a separate license agreement or any enhancement, modification, extension or expansion thereof, or an implementation terms of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSCuse. All rights, title and interest in If you receive the Software are and shall remain with DSC subjectunder separate terms from your distributor, howeverthose terms will take precedence over any conflicting terms of this ▇▇▇▇. By installing, copying, downloading, accessing or otherwise using the Software, you agree to a license be bound by the terms of this ▇▇▇▇. If you do not agree to Purchaser to the terms of this ▇▇▇▇, do not install, access or use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify Software; instead, you should remove the Software without the prior written consent of DSC; from all systems and receive a full refund. IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT AND WARRANT THAT (bI) not reproduce or copy the software in whole or in part; THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (cII) not provideSUCH ENTITY HAS FULL POWER, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tapeCORPORATE OR OTHERWISE, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this licenseTO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is hereby granted (a) With respect to all software object code, application interfaces, documentation and any updates, revisions or modifications thereto (“Software”) of MedTel and/or its vendors or suppliers which may be furnished to Customer by MedTel under this Agreement, Customer accepts and agrees to abide by all the license terms and conditions set forth in this “Software License” section and all other license agreements that are specific to, and included in document or shrink wrap form with the delivery of particular Software, or presented in electronic form (including click wrap form) during the loading or installation of such Software. In the event of any conflict between the license terms and conditions of this section and any license agreements specific to any particular Software, the license agreements specific to the Software shall prevail with respect to such Software. All Software furnished hereunder by MedTel either in conjunction with equipment sold to Customer by MedTel or provided separately to Customer for other equipment as may be authorized for use therewith by MedTel shall be licensed only as set forth herein. (b) Subject to Customer’s compliance with the terms and conditions of this Agreement including the license obligations pursuant to this “Software License” section, and Customer’s payment of the applicable license fees, MedTel grants to Customer a nonexclusivepersonal, nontransferable, paid-up nonexclusive and revocable license to use the Software only in connection solely with Purchaser’s the equipment sold to Customer by MedTel or such other equipment as may be authorized by MedTel to support such use of the Equipment purchased under this AgreementSoftware for Customer’s own business operation up to the number of concurrent devices and/or ports as may be authorized by MedTel. Customer shall not copy the Software except that Customer is permitted to make one (1) copy of the Software only for backup purposes, provided that Customer shall include on such copy the same copyright notice and proprietary marking that appear on the original Software including diskette markings. 12.2 Software licensed (c) Customer shall (i) not modify, translate, reverse engineer, reverse compile, decompile, recompile, disassemble, port, copy, download or attempt to derive the source code from the Software, and no license to the source code is provided herein; (ii) take all actions necessary to satisfy Customer’s obligations under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic these license provisions including the issuance of adequate instructions which manipulate data in the central processor to and which control input- output operations, error diagnostics and recovery routinesmonitoring of all appropriate personnel within Customer’s organization to ensure that such personnel satisfy these license obligations; and (biii) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith promptly return to DSC MedTel any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material documentation, which has been replaced, modified, modified or updated; . (fd) utilize The Software and all copies thereof shall at all times remain the sole and exclusive property of MedTel or its third party vendors or suppliers(s), as applicable, and Customer shall have no title to or interest in such Software and copies thereof other than the license rights granted herein. Customer acknowledges that the Software or any portions or aspects thereof (including any methods or concepts utilized therein) constitutes valuable trade secrets of MedTel and its third party suppliers. Customer agrees to use the Software solely in conjunction accordance with license provision herein and all the Equipment; (g) issue adequate instructions to all appropriate persons, terms and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination conditions of this Agreement for and to treat the Software as the confidential and proprietary information of MedTel. If Customer sells or otherwise disposes of the media on which the Software is fixed, the Software must be erased from such media or such media must be destroyed before any reason and shall continued even if such sale or disposal so that the Software is no longer utilized ascertainable from such media. (e) If Customer sells or otherwise transfers or disposes of the equipment which supports the use of the Software in Customer’s business operation, or if Customer fails to comply with any of the Equipmentterms of this Agreement, all of Customer’s rights hereunder to possess and use the Software and all copies thereof shall immediately terminate and Customer agrees to promptly return the Software and all copies thereof to MedTel.

Software License. 12.1 Purchaser Software provided hereunder (including without limitation software that may be embedded in the Lockers) (the "Software") is hereby granted a nonexclusive, nontransferable, paid-up license provided under this limited use software license. Customer acknowledges and agrees that with respect to the Software: i) Customer may use the Software only solely in connection with Purchaser’s use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement Lockers; ii) Customer is defined as computer programs contained on a magnetic tapeprohibited from transferring or distributing the Software, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that using the Software to be provided by DSC under the Agreement for any service bureau activities or on any enhancementlocal or wide area network LAN; iii) Customer is prohibited from reverse assembly, modification, extension or expansion thereof, or an implementation reverse compilation and other translation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects portion thereof available (to any person except the extent not otherwise forbidden by law without the possibility of waiver); iv) the Software, including all parts thereof, provided under this Agreement are copyrighted and licensed (not sold), and that Pitney ▇▇▇▇▇ does not transfer title to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any parts thereof to Customer; v) the Software, including all parts thereof, may contain or be derived from portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate personsof materials provided by a third party under separate license, and take that such third parties disclaim all actions reasonably necessary warranties, express or implied, with respect to satisfy Purchaser’s obligations the use of such materials including, without limitation, the implied warranties of merchantability and fitness for a particular purpose: and vi) the limitation of liabilities section also applies to any third-party supplier of materials supplied to Customer; that such limitations of liabilities applicable to Pitney ▇▇▇▇▇ and Pitney ▇▇▇▇▇' third-party suppliers are not cumulative, and that such third party suppliers are intended beneficiaries of such section. Various third party software and other documentation ("Third Party Content") may have been incorporated into the Lockers by Pitney ▇▇▇▇▇ under permission from Pitney ▇▇▇▇▇ licensors and suppliers. Special terms and conditions applicable to the Third Party Content are included in Third Party Software License Provisions Schedule to this license. 12.4 The obligations Agreement, and Customer agrees to be bound by and to comply with such terms and conditions. Any terms and conditions in such schedule that are inconsistent with, or in addition to, the terms and conditions of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination rest of this Agreement for any reason and shall continued even if control with respect to the Software is no longer utilized with the EquipmentThird Party Content.

Software License. 12.1 Purchaser is Subject to the provisions in Clauses 4.5, 4.6 and 4.8, Supplier agrees to grant and hereby granted a nonexclusive, nontransferable, paid-up grants to Company an exclusive license to to: 1) use the Software only in connection with Purchaser’s use of the Equipment purchased that is delivered by Supplier to Company for all Features designated as exclusive under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination Clause 4.8 EXCLUSIVITY DESIGNATION of this Agreement for Company's business operations and any reason other purpose and shall continued even if on the equipment set forth in the Order, Supplemental Agreement or TCL. 2) copy the Software that is delivered by Supplier to Company for all Features designated as exclusive in Clause 4.8 EXCLUSIVIITY DESIGNATION of this Agreement, for Company's own business operations, not including expansions. Notwithstanding the provisions of the exclusive license for the Software that is delivered by Supplier to Company, for all Features designated as exclusive in the Exclusivity Designation clause of this Agreement, Company may at its sole discretion give its written approval for Supplier to license to a third party some or all of the exclusive Features upon receiving a written request from Supplier. Under no longer utilized with circumstances shall Supplier license the Equipmentexclusive Features to a third party without the written approval of Company for the agreed upon exclusivity time period outlined within this Agreement only. Subject to the provisions in Clauses 4.5, 4.6 and 4.8, Supplier agrees to grant and hereby grants to Company a license to 1) use the Software developed for all non-exclusive Features Company's business operations and any other purpose and on the equipment set forth in the Order, Supplemental Agreement or TCL. 2) copy the Software developed for all non-exclusive Features for Company's own business operations, not including expansions. All Software (whether or not part of Firmware) furnished by Supplier, and all copies thereof made by Company, if allowed hereunder, including translations, compilations and partial copies thereof, are solely the property of Supplier. Company shall not sublicense such Software except to Ordering Companies. No additional fee shall be payable by Company to Supplier for sublicensing such Software to Ordering Companies. Company shall not modify, decompile, or disassemble such Software furnished as object code for the purpose of generating corresponding source code, unless otherwise agreed in writing. The foregoing license extends to any use of any program or software derived from the Software.

Software License. 12.1 Purchaser acknowledges and agrees that all ---------------- computer software is part of the Excluded Assets. From and after the Closing Date, ComEd hereby granted grants, without representation, warranty, promise or covenant of any kind or nature, to Purchaser, for consideration in the amount of $1,000 (regardless of the number of workstations), a nonexclusive, nontransferable, fully paid-up up, royalty-free, non- exclusive, perpetual right and license to use the Software only (solely in connection with Purchaser’s use the operation of the Equipment purchased under this Agreement. 12.2 Facilities) the computer software set forth in Schedule 2.9 ------------ (Software licensed under this Agreement is defined License) as computer programs contained it exists on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: the Closing Date (the "COMED SOFTWARE"). Purchaser acknowledges and agrees that (a) hardwired logic instructions which manipulate it has no right under such license to, and agrees that it will not, access ComEd's own computer networks or those of any of ComEd's Affiliates or use any computer software that is designed to be part of a networked computer system providing data in processing capabilities or services beyond the central processor and which control input- output operationsFacilities, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use it will not challenge ComEd's ownership of the programs. 12.3 Purchaser agrees that the ComEd Software to be provided by DSC under the Agreement or any enhancementapplication for registration thereof or any registration thereof or any rights of ComEd therein, modification, extension (c) it will not cause or expansion thereof, permit reverse compilation or an implementation reverse assembly of all or any portion of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC ComEd Software and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) will not modify or enhance the ComEd Software without the prior written consent of DSC; ComEd (b) not reproduce any of such modifications or copy enhancements being the software in whole or in part; (c) not providesole property of ComEd), disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold Purchaser is not entitled to receive any modifications, enhancements, updates or revisions to the ComEd Software created by or on behalf of ComEd, and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return the ComEd Software constitutes confidential information and is the valuable, copyrighted and trade secret property of ComEd. Notwithstanding the foregoing, Purchaser and any successor in interest of Purchaser may sell, assign or sublicense the Purchaser's license to DSC use the ComEd Software granted hereby, on the terms of and subject to the license granted hereunder, to any and all magnetic tapesubsequent owner, disclessee or operator of the Facilities, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) for use solely in conjunction connection with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations operation of the Purchaser hereunder shall not extend Facilities, provided that (i) such subsequent owner, lessee or operator agrees in writing to any information or data relating to be bound by the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination terms of this Agreement Section 2.9 (Software License), (ii) written ----------- notice of the identity and address for any reason notices of such subsequent owner, lessee or operator is delivered to ComEd prior to such sale, assignment or sublicense and shall continued even if the (iii) Purchaser remains primarily liable and responsible for all of its duties, responsibilities and liabilities set forth in this Section 2.9 (Software is no longer utilized with the Equipment.----------- License). THE COMED SOFTWARE IS PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND OF SECTION 3.2 (DISCLAIMERS REGARDING ASSETS), COMED HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, AND COMED WILL HAVE NO LIABILITY WITH RESPECT TO ANY INFRINGEMENT, OR CLAIM OF INFRINGEMENT, OF INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON AS A RESULT OF THE LICENSE OR USE OF THE COMED SOFTWARE. COMED FURTHER DISCLAIMS THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR OR BUG-FREE, OR UNINTERRUPTED. ARTICLE 3 --------- REPRESENTATIONS, WARRANTIES AND DISCLAIMERS OF COMED ----------------------------------------------------

Software License. 12.1 Purchaser acknowledges and agrees that all computer ---------------- software is part of the Excluded Assets. From and after the Closing Date, ComEd hereby granted grants, without representation, warranty, promise or covenant of any kind or nature, to Purchaser, for consideration in the amount of $1,000 (regardless of the number of workstations), a nonexclusive, nontransferable, fully paid-up up, royalty-free, non-exclusive, perpetual right and license to use the Software only (solely in connection with Purchaser’s use the operation of the Equipment purchased under this Agreement. 12.2 Facilities) the computer software set forth in Schedule 2.9 (Software licensed under this Agreement is defined ------------ License) as computer programs contained it exists on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: the Closing Date (the "ComEd Software"). Purchaser acknowledges and agrees that (a) hardwired logic instructions which manipulate it has no right under such license to, and agrees that it will not, access ComEd's own computer networks or those of any of ComEd's Affiliates or use any computer software that is designed to be part of a networked computer system providing data in processing capabilities or services beyond the central processor and which control input- output operationsFacilities, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use it will not challenge ComEd's ownership of the programs. 12.3 Purchaser agrees that the ComEd Software to be provided by DSC under the Agreement or any enhancementapplication for registration thereof or any registration thereof or any rights of ComEd therein, modification, extension (c) it will not cause or expansion thereof, permit reverse compilation or an implementation reverse assembly of all or any portion of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC ComEd Software and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) will not modify or enhance the ComEd Software without the prior written consent of DSC; ComEd (b) not reproduce any of such modifications or copy enhancements being the software in whole or in part; (c) not providesole property of ComEd), disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold Purchaser is not entitled to receive any modifications, enhancements, updates or revisions to the ComEd Software created by or on behalf of ComEd, and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return the ComEd Software constitutes confidential information and is the valuable, copyrighted and trade secret property of ComEd. Notwithstanding the foregoing, Purchaser and any successor in interest of Purchaser may sell, assign or sublicense the Purchaser's license to DSC use the ComEd Software granted hereby, on the terms of and subject to the license granted hereunder, to any and all magnetic tapesubsequent owner, disclessee or operator of the Facilities, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) for use solely in conjunction connection with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations operation of the Purchaser hereunder shall not extend Facilities, provided that (i) such subsequent owner, lessee or operator agrees in writing to any information or data relating to be bound by the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination terms of this Agreement Section 2.9 (Software License), (ii) written notice of the identity and ----------- address for any reason notices of such subsequent owner, lessee or operator is delivered to ComEd prior to such sale, assignment or sublicense and shall continued even if the (iii) Purchaser remains primarily liable and responsible for all of its duties, responsibilities and liabilities set forth in this Section 2.9 (Software is no longer utilized with the EquipmentLicense). THE COMED SOFTWARE ----------- IS PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND OF SECTION 3.2 (DISCLAIMERS REGARDING ASSETS), COMED HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, AND COMED WILL HAVE NO LIABILITY WITH RESPECT TO ANY INFRINGEMENT, OR CLAIM OF INFRINGEMENT, OF INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON AS A RESULT OF THE LICENSE OR USE OF THE COMED SOFTWARE. COMED FURTHER DISCLAIMS THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR OR BUG-FREE, OR UNINTERRUPTED.

Software License. 12.1 Purchaser is hereby granted 9.1 Upon delivery of Avaya Managed Product firmware or Software to Dealer, Avaya grants to Dealer-a nonexclusivepersonal and non-exclusive right to use such licensed materials ("Licensed Materials") in the Area solely in connection with its personal use of such Avaya Managed Product firmware or Software, nontransferableincluding testing of, paid-up license training on or demonstration of such Avaya Managed Product. NO TITLE OR OTHER OWNERSHIP RIGHTS IN INTELLECTUAL PROPERTY OR OTHERWISE IN THE LICENSED MATERIAL OR ANY COPY THEREOF SHALL PASS TO DEALER UNDER THIS AGREEMENT OR AS A RESULT OF ANY PERFORMANCE HEREUNDER. 9.2 Dealer agrees: (i) to make only those copies of Software necessary for its personal use under this Agreement and to assure that such copies contain any proprietary or copyright notice appearing on the Software being copied; (ii) not to reverse engineer, decompile or disassemble the Licensed Materials or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Licensed Materials; (iii) not to export the Licensed Materials out of the Area and (iv) not to use the Software only in connection with Purchaser’s directly for any third person or permit any third person to use of the Equipment purchased Software except as necessary under this Agreement. 12.2 9.3 Use of Licensed Materials is subject to the terms and conditions of an End User License Agreement between Avaya and End User, and may also be subject to license agreements between third party software providers and End User. Avaya further grants to Dealer the right to furnish Licensed Materials to End Users coincident with the sale of Avaya Products utilizing such Licensed Materials. Except for those Licensed Material which come with a shrink-wrap (break-the-seal) software license agreement, the Avaya End User Software licensed under this Agreement License associated with each Managed Product is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: set forth in the appropriate Product Appendix. Dealer agrees (a) hardwired logic instructions which manipulate data in to deliver the central processor and which control input- output operationslicense agreements without alteration to each End User prior to or contemporaneously with the delivery of the Licensed Materials to that End User, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processingto maintain contemporaneous written records of each such delivery, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provideto obtain written acceptance of the Avaya License Agreement unless the Licensed Materials are covered by a shrink wrap license agreement that was delivered to the customer, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; and (d) hold make a copy of the written acceptance of each End User Software license available to Avaya on request. 9.4 Avaya may at any time without advising Dealer, change the terms of the End-User Software License. 9.5 Avaya may terminate the Software and License granted to Dealer hereunder upon twenty-four(24) hours written notice if Dealer has: (i) become insolvent, invoked as a debtor any portions laws relating to the relief of debtors' or aspects thereof including related documentation creditors' rights, or has had such laws invoked against it; (ii) become involved in confidence any liquidation or termination of its business; (iii) been involved in an assignment for the benefit of DSCits creditors; (eiv) forthwith return sold or attempted to DSC resell Avaya Products to any and all magnetic tape, disc, semiconductor device or third party other memory device or system and/or documentation of other material which has been replaced, modified, or updatedthan an End User without Avaya's written consent; (fv) utilize the Software appointed or attempted to appoint any portions unauthorized agent or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipmentunauthorized manufacturer's representatives for Avaya Products; (gvi) issue adequate instructions sold or attempted to all appropriate persons, and take all actions reasonably necessary resell any Avaya Products not previously authorized by its Dealer Agreement or that are obtained from a source other than Distributor; (vii) remotely accessed PBX locations maintained by Avaya directly; (viii) activated software features without compensation to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.Avaya. 7NEDA6I Indirect

Software License. 12.1 Purchaser is Concurrent hereby granted grants to BUYER a nonexclusive, nontransferable, paidnon-up exclusive, license to use the Software only included with the Equipment solely in connection and with Purchaser’s the Equipment on which it was first installed. ▇▇▇▇▇ agrees that it shall not, nor shall it permit any other person to, compile, de-compile, disassemble, or reverse engineer the Software, or otherwise permit unauthorized use of the Equipment purchased under Software. Limitation of Liability: EXCEPT FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CONCURRENT IN THE PERFORMANCE OF ANY SERVICES, IF ANY, HEREUNDER, CONCURRENT’S LIABILITY IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF ANY PRODUCT, SHALL NOT EXCEED THE PURCHASE PRICE OR LICENSE FEE PAID BY BUYER WITH RESPECT TO SUCH PRODUCT THAT IS THE SUBJECT OF THE CLAIM. Confidentiality: It is anticipated that Concurrent will be required to disclose confidential information, which information includes, without limitation, the Products themselves and related manuals and documentation to BUYER in the course of performing this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tapederivative instruments, disc, semiconductor device agreements or other memory device documents developed, produced or system and/or documentation of other material which has been replacedcompiled by BUYER from any such information disclosed by Concurrent (collectively, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 “Information”). The obligations of the Purchaser hereunder shall not extend confidentiality with regard to any information or data relating to the Software which is now available to the general public or becomes available by reason and limitations on use of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 Information set forth herein shall survive the termination termination, interruption or expiration of this Agreement for any reason for a period of five (5) years, except with respect to Information that embodies trade secrets which shall be maintained in confidence for so long as such Information embodies trade secrets. In maintaining Information, Buyer shall maintain the Information in confidence and use the Information solely to perform its obligations or enforce its rights under this Agreement. Buyer shall continued even if have no obligation hereunder with respect to any Information that is: (i) generally known to the Software public at the time of disclosure, or becomes known to the public without breach of this Agreement; (ii) known to the BUYER prior to its disclosure, or is no longer utilized with independently developed by the EquipmentBUYER without reference to or use of any other portion of the Information; (iii) obtained by the BUYER in good faith from a third party not under an obligation of confidentiality or secrecy to Concurrent; or (iv) the subject of a court or government agency order to disclose, provided that the BUYER gives immediate written notice to Concurrent to allow Concurrent ample time to contest such order. BUYER shall have the burden of proving that any of the foregoing exceptions apply by means of documentary evidence available at the time BUYER claims the exception first became applicable.

Software License. 12.1 Purchaser is Subject to the terms and conditions of this Agreement (including, without limitation those terms, conditions and restrictions set forth in Sections 4 (Restrictions), 5 (Ownership) and 6 (Open Source Software) below) and payment of the applicable fees, eInfochips hereby granted grants to You (a) a nonexclusivenon-exclusive limited, nontransferableinternal use only, paid-up copyright license to use the Development Platform Software only in connection with Purchaser’s use of solely for the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor Purpose and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during Development Platform Hardware sold by eInfochips to You pursuant to this Agreement for the duration of the useful life of the Equipment. Purchaser shall: such Development Platform Hardware (a) not modify the Software without the prior written consent of DSC; unless this Agreement is terminated sooner as provided in this Agreement), and (b) not reproduce or copy a non-exclusive, limited, internal use only, copyright license to use the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence Documentation solely for the benefit of DSC; (e) forthwith return to DSC any Purpose and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions Development Platform Software licensed to all appropriate persons, You and take all actions reasonably necessary the Development Platform Hardware sold by eInfochips to satisfy Purchaser’s obligations under You pursuant to this license. 12.4 The obligations Agreement for the duration of the Purchaser hereunder shall not extend useful life of such Development Platform Hardware (unless this Agreement is terminated sooner as provided in this Agreement). Neither this Agreement, nor any act by eInfochips or its Licensors or any of their respective Affiliates pursuant to any information this Agreement or data relating to the eInfochips Development Platform Kit(s) shall provide to You any license or any other rights whatsoever under any Intellectual Property Rights of eInfochips or its Licensors or any of their respective Affiliates, except for the copyright rights expressly set forth in this Section 3. You understand and agree that: (i) neither this Agreement, nor the delivery of the Development Platform Software which alone or in combination with a Development Platform Hardware, grants any right to practice, or any other right at all with respect to, any Patent of eInfochips and its Licensors or any of their respective Affiliates; and (ii) a separate license agreement from eInfochips and/or its Licensors, as the case may be, is now available needed to use or practice any Patent of eInfochips or its Licensors or any of their respective Affiliates. You agree not to contend in any context that, as a result of the general public provision or becomes available by reason use of acts the Development Platform Software, either I eInfochips or failures its Licensors or any of their respective Affiliates has any obligation to act not attributable extend, or You or any other party has obtained any right to, any license, whether express or implied, with respect to Purchaser. 12.5 The obligations any patent of Purchaser under this Article 12 shall survive the termination eInfochips or its Licensors or any of their respective Affiliates for any purpose. Neither this Agreement for nor the delivery of the Development Platform Software alone or in combination with a Development Platform Hardware modifies or abrogates your obligations under any reason other agreement between you and shall continued even if the Software is no longer utilized with the EquipmenteInfochips or its Licensors or any of their respective Affiliates.

Software License. 12.1 Purchaser is hereby granted a nonexclusiveLucent grants to TCS personal, nontransferable, paid-up nontransferable and nonexclusive license to use the Software only in connection with Purchaser’s use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor Territory, Software and which control input- output operationsrelated Documentation (hereinafter referred to as "Licensed Materials", error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use with either the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement original Hardware or any enhancementcomparable replacement, modificationif the original Hardware becomes inoperative, extension or expansion thereofuntil the original Hardware is restored to operational status. No source code versions of Software are included in "Licensed Materials". * Confidential materials submitted and filed separately with the Securities and Exchange Commission. Asterisk denotes omissions. 13 The License grants TCS no right to and TCS will not sublicense such Licensed Materials nor shall TCS modify, decompile, or an implementation disassemble Software furnished as object code to generate corresponding Source Code. All Licensed Materials (whether or not part of any of firmware) furnished by Lucent and all copies thereof made by TCS, including translations, compilations, and partial copies, are the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary Lucent. Except for any part of such Licensed Materials which is or becomes generally known to and a trade secret of DSC. All rightsthe public through acts not attributable to TCS, title and interest TCS shall hold Licensed Materials in the Software are confidence and shall remain with DSC subjectnot, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the Lucent's prior written consent of DSC; (b) not reproduce consent, disclose, provide or copy the software otherwise make available, in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available Licensed Materials to any person anyone, except to its employees on having a “need-to-know” basis without prior written consent . TCS shall not copy Software embodied in firmware. TCS shall not make any copies of DSC; Licensed Materials except in conformance with this Agreement and TCS may make one (d1) hold copy for archival purposes. TCS shall reproduce and include any copyright and proprietary notice of Lucent on all such necessary copies of the Software Licensed Materials. TCS shall also mark ▇▇▇ media containing such copies with a warning that the Licensed Materials are subject to restrictions contained in an agreement between TCS and any portions Lucent and that such Licensed Materials are the property of Lucent. TCS shall maintain records of the number and location of all copies of the Licensed Materials. TCS shall take appropriate action by instruction, agreement or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tapeotherwise, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions persons permitted access to all appropriate persons, and take all actions reasonably necessary the Licensed Materials so as to enable TCS to satisfy Purchaser’s its obligations under this license. 12.4 The obligations Agreement. When the Licensed Materials are no longer needed by TCS or if TCS's license is canceled or terminated, TCS shall return all copies of such Licensed Materials to Lucent or follow written disposition instructions provided by Lucent. Prior to shipment, Lucent may at any time modify the specifications relating to its Licensed Materials. Lucent may substitute modified Licensed Materials, provided the modifications, under normal and proper use, do not adversely affect the use, function, or performance of the Purchaser hereunder Licensed Materials, and Lucent shall advise TCS in writing thirty (30) days prior to implementation of such changes. * Confidential materials submitted and filed separately with the Securities and Exchange Commission. Asterisk denotes omissions. 14 Lucent shall furnish to TCS, at no additional charge, one set of Documentation that is customarily provided to customers. Lucent shall also furnish to TCS, at no additional charge, a hardcopy of the Lucent SCE Documentation. If documentation from Lucent's vendors is available at a separate charge, such documentation will be provided to TCS at cost. The first copy of such documentation shall be provided prior to or included with provision of Software by Lucent to TCS. Additional copies of such documentation will be provided at cost, upon request from TCS. Documentation is for TCS internal use only and should not extend be sold or transferred without Lucent's written consent. Additional copies of the Documentation are available at Lucent's then current cost. If TCS fails to comply with any information or data relating of the material provisions of this License and such failure continues beyond ten (10) days after receipt of written notice thereof by TCS, Lucent, upon written notice to the TCS, may cancel any affected license for Licensed Materials. Unless otherwise agreed, TCS is not granted any right to modify Software which is now available to the general public or becomes available furnished by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser Lucent under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the EquipmentAgreement.

Software License. 12.1 Purchaser is hereby granted Upon successful installation and as of the Turnover Date, Milsoft grants to Customer, and Customer accepts, a nonexclusive, nontransferable, paidnon-up exclusive and non-transferable license to use the Software only in connection with Purchaser’s use furnished hereunder (including modifications and enhancements furnished under the terms of this Contract, and modifications and enhancements furnished under the terms of the Equipment purchased under this Agreement. 12.2 Support Program described in Section 6) strictly upon the terms and conditions contained herein. Title to and ownership of all Software licensed under this Agreement is defined as computer programs contained on a magnetic tapeshall remain with Milsoft. Customer shall have no right to sell, discsublicense, semiconductor device publish, disclose, display, assign, duplicate, alter, lease, or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that otherwise make available the Software to any third party. Customer shall take appropriate action with its employees, agents, contractors, consultants and other representatives or end users to ensure compliance with these terms and conditions. Customer may make copies of the Software only for backup purposes and/or archival purposes, and any such copy must contain the same copyright notice and proprietary markings that the original Software contains. Customer acknowledges the Software represent a very large-scale investment in the development of an intangible asset by Milsoft and must be provided by DSC strictly protected hereunder. In the event of a breach under the Agreement or provisions of this Software license by Customer, upon written notice which may be given at the election of Milsoft, Customer shall forfeit all rights as licensee under this Contract and shall immediately return the Software to Milsoft along with all documentation and source media associated therewith. Customer assumes full liability to Milsoft for any enhancement, modification, extension or expansion thereof, or an implementation damages (excluding consequential damages) resulting directly from any compromise of any rights owned by Milsoft and not expressly conferred under this Contract, if such damages are the result of the foregoing shall, as between the parties hereto, be treated as the exclusive property gross negligence or willful act or omission of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof Customer (including any methods employee, agent, contractor, consultant or concepts utilized therein) solely other representative of Customer). CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE IN EXECUTABLE LINE CODE FORM REMAINS A CONFIDENTIAL TRADE SECRET AND CUSTOMER AGREES NOT TO ATTEMPT TO REVERSE- ENGINEER, TRANSLATE, DECIPHER, DECOMPILE, MODIFY OR DISASSEMBLE THE SOFTWARE, NOR INCORPORATE THE SOFTWARE IN WHOLE OR IN PART INTO ANY OTHER SOFTWARE OR PRODUCT OR DEVELOP DERIVATIVE WORKS THEREFROM OR ALLOW ANY OTHER THIRD PARTY TO DO SO, WITHOUT THE EXPRESS WRITTEN CONSENT OF MILSOFT. Customer shall have NO rights as licensee in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend or to any information or data relating to off-site, hosted software, the Software applicable functionality of which is now available to the general public or becomes available being provided hereunder by reason of acts or failures to act not attributable to PurchaserMilsoft via Software as a Service only. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is hereby granted a nonexclusiveCustomer agrees not to reproduce, nontransferablemodify, paid-up license to use the Software only in connection with Purchaser’s use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tapetranslate, disctransform, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operationsdecompile, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processingreverse engineer, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereofdisassemble, or an implementation of otherwise determine or attempt to determine source code from any of the foregoing shallISP or third-party software, as between the parties heretoor to permit or authorize a third party to do so. Title to such software, be treated as and all related technical know-how and intellectual property rights therein are and shall remain the exclusive property of DSC ISP and/or its suppliers, unless licenses or purchased directly by the Customer. Customer shall not take any action to jeopardize, limit or interfere in any manner with ISP and as proprietary to its supplier’s ownership of and a trade secret of DSC. All rights, title and interest in the Software are and shall remain rights with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available respect to any person except to its employees on a licensed software. ISP PROVIDES, AND CUSTOMER HEREBY ACCEPTS, ANY ISP OR THIRD PARTY SOFTWARE PROVIDED TO OR USED BY CUSTOMER IN CONNECTION WITH THE SERVICES “needAS-toIS” WITH NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tapeINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING HEREIN SHALL BE INTERPRETED TO ENHANCE OR CREATE ANY WARRANTY WITH RESPECT TO ANY THIRD PARTY SOFTWARE. ISP DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE DELIVERY, discINSTALLATION, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this licenseSUPPORT OR USE OF ANY SOFTWARE. ISP ASSUMES NO OBLIGATION TO CORRECT ERRORS IN ANY SOFTWARE. CUSTOMER UNDERSTANDS AND ACCEPTS ALL RESPONSIBILITY FOR ANY SOFTWARE UTILIZED BY CUSTOMER. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is hereby granted a) Nortel Networks grants to Company, a nonexclusivepersonal, nontransferablenon-exclusive, paid-up license right to use the Software only with Hardware or other authorized material in connection with Purchaser’s use permitted applications and to the extent that the applicable charges have been paid ("Licensed Software"). Software contains trade secrets of the Equipment purchased under this AgreementNortel Networks and its suppliers, and Company is granted no title or ownership rights to Software. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser Company shall: (ai) not reproduce, copy, or modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in partpart except as authorized by Nortel Networks, except that Company may make a reasonable number of copies of Licensed Software solely for back up purposes; (ii) except to the extent such prohibition is not enforceable under the laws of the country in which Software is being used, not decompile, reverse engineer, disassemble, reverse translate, or in any other manner decode Software, and (iii) upon termination of the license for any reason, promptly return Software to Nortel Networks or certify its destruction. Company shall abide by any additional terms provided by Nortel Networks with respect to any terms contained in "shrink" or "click" wrap licenses, or other pass-through licenses, for Software sourced from third party vendors. c) Company shall not provide, disclose have the right to assign or make sublicense its rights in Software without the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (Nortel Networks, which will not be unreasonably withheld, provided however, that where use of a Product requires the download of Software to a customer of Company. Company shall be entitled to sublicense to such customer after the customer agrees to terms no less restrictive than those contained in this Article 6 and that Nortel Networks is a beneficiary of such sublicense. d) hold the Certain Software and identified by Nortel Networks may be modified to create derivative software applications or files ("Applications"). Unless otherwise agreed in writing, each party owns all intellectual property rights for any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (Applications it creates. NORTEL NETWORKS SHALL HAVE NO LIABILITY TO COMPANY OR ANY THIRD NETWORKS GLOBAL PURCHASE AGREEMENT PARTY WITH RESPECT TO ANY CLAIMS OR DAMAGES ARISING OUT OF THE MODIFICATION OR CREATION OF ANY APPLICATION BY COMPANY. e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device Nortel Networks may access by remote polling or other memory device or system and/or documentation of other material reasonable means any site in which Software has been replaced, modifiedinstalled to determine if any Software has been activated, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate personsits uses extended, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations without payment of the Purchaser hereunder applicable fee. Such polling shall be conducted pursuant to the Company's reasonable security considerations which shall not extend significantly inhibit the polling activity. Nortel Networks has the right to any information or data relating to the Software which is now available to the general public or becomes available by reason invoice Customer and Customer shall pay all charges within thirty (30) days of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement such invoice for any reason and shall continued even if the Software is no longer utilized with the Equipmentactivated or extended use of such Software.

Software License. 12.1 Purchaser is Effective upon the Closing, the Sellers, for themselves and on behalf of the Sellers' affiliates, hereby granted grant to the Company, the Buyers and their affiliates, a nonexclusive, nontransferableroyalty free, paid-up license perpetual license, without right to use sublicense, to use, copy, modify, enhance, and upgrade all computer software (object code and source code) owned by the Software only Sellers and/or the Sellers' affiliates and used in connection with Purchaser’s use the business of the Equipment purchased under this Agreement. 12.2 Company as presently conducted or as contemplated to be conducted in connection with the Expansion Projects (the "Licensed Software") solely for their internal business purposes. The modifications, enhancements and upgrades made to the Licensed Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device by the Buyers or the Company after the date of delivery pursuant to the Migration Plan shall not infringe any intellectual property or other memory device proprietary rights of any third party. All copies of the Licensed Software and related documentation must reproduce all copyright and other intellectual property rights notices included thereon. As specified in the Migration Plan (and if not specified therein, at the Closing) the Sellers shall deliver (or system memory consisting ofshall cause the Sellers' affiliates to deliver) copies of the Licensed Software and all manuals and documentation related thereto including (at no charge to the Company or the Buyers) all modifications, enhancements and upgrades made to or for the Licensed Software to the date of delivery. Notwithstanding the foregoing, neither the Buyers nor the Company have the right to transfer to a third party (other than an affiliate of the Buyers or the Company for use in accordance with the restrictions of this Section) any rights in the Licensed Software except in connection with the sale or transfer of all or substantially all of the Company's assets. The Company and the Buyers shall not be entitled to receive, and Sellers and the Sellers' affiliates shall have no obligation to provide, any modifications, enhancements, or upgrades made to the Licensed Software which they develop subsequent to the delivery date; provided that, any such modifications, enhancement or upgrades made by the Sellers or the Sellers' affiliates during the Service Period, as defined in the Services Agreement, shall be delivered to the Buyers at the Buyers' request and shall be paid for by the Buyers as Transition Services (as defined in the Services Agreement). The parties hereby acknowledge and agree that, as between Sellers and the Sellers' affiliates on the one hand, and the Company and the Buyers on the other: (a) hardwired logic instructions which manipulate data except as set forth in this section, all right, title and interest, including all intellectual property rights, in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Licensed Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as are the exclusive property of DSC the Sellers and the Sellers' affiliates; (b) Sellers and the Sellers' affiliates shall at all times retain ownership of the intellectual property rights in the Licensed Software; (c) the Company and the Buyer have no rights in the Licensed Software except as proprietary expressly granted herein; and (d) the Company and the Buyer will not take any action or permit any action to be taken with respect to such intellectual property rights inconsistent with the foregoing acknowledgment. The Sellers represent and a trade secret of DSC. All rightswarrant that the Sellers or the Sellers' affiliates own all right, title and interest in and to the Licensed Software or otherwise have the right to grant the license granted herein and the Licensed Software does not infringe any third party rights. Except as expressly provided in this Section 4.22, the Licensed Software and associated materials are provided on an "as is" basis. The Sellers and the Sellers' affiliates shall remain with DSC subjectnot be deemed to have made, howeverand the Sellers and the Sellers' affiliates hereby expressly disclaim, any implied guarantee or implied warranty (whether arising under statute or otherwise in law or from a course of dealing or usage of trade) as to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life the: (i) condition; (ii) design; (iii) operation; (iv) performance; (v) reliability of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSCresults generated or output; (bvi) not reproduce or copy the software in whole or in partnon-infringement; (cvii) merchantability; and (viii) fitness for a particular purpose or intended use, of the Licensed Software and associated materials. The Sellers and the Sellers' affiliates do not provide, disclose or make warrant that the Licensed Software or any portions associated materials provided are error-free or aspects that the Company's and the Buyer's use thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this licensewill be uninterrupted. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating system software, provided with or within the Xerox-brand Equipment acquired hereunder (”Base Software“) as well as software specifically set out as “Application Software” on an Order. This license does not apply to any Diagnostic Software or to any for Application Software accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement. If the Customer is hereby granted ordering Application Software under an Order, upon Customer’s request, Xerox will determine whether the Application Software subject to the prospective Order contains a nonexclusiveclickwrap or shrinkwrap license and to provide the Customer with a copy of it. (i) Xerox grants Customer a non-exclusive, nontransferable, paidnon-up transferable license to use the Base Software within the United States, its territories, and possessions (the “United States”) only in connection with Purchaser’s use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation of any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during with which (or within which) it was delivered. For Application Software, Xerox grants Customer a non-exclusive, non-transferable license to use this software within the useful life United States on any single unit of equipment for as long as Customer are current in the payment of any indicated software license fees (including any Annual Renewal Fees). Customer has no other rights to the Base or Application Software and, in particular, may not: (1) distribute, copy (to the extent not prohibited by Xerox’s licenses with its licensors, upon Customer’s request, Xerox will provide a reasonable number of backup copies to be used by Customer solely for archival or data recovery purposes in the event of equipment failure and/or data loss)., modify, create derivatives of, decompile, or reverse engineer this software; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who to the extent required by Xerox’s agreements with such licensors, shall be considered third-party beneficiaries of the Agreement‘s software and limitation of liability provisions). Base and Application Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the Equipment. Purchaser shall: Such disabling code may be activated if: (a) not modify Xerox is denied reasonable access to the Base or Application Software without the prior written consent of DSCto periodically reset such code; (b) not reproduce or copy the software in whole or in partCustomer has defaulted under an Order; or, (c) not provide, disclose such license is terminated or make expires. (ii) Xerox may terminate Customer’s license for any Base Software (1) immediately if Customer no longer uses or possesses the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modifiedEquipment, or updated; (f2) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive upon the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with Order or separate agreement under which Customer has acquired the Equipment. (iii) If Customer transfers possession of the Equipment after Customer obtains title to it, Xerox will offer the transferee a license to use the Base Software within the United States on or with it, subject to Xerox’s then-applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox’s rights. (iv) Xerox warrants that Application Software will perform in material conformity with its published specifications for a ninety (90) day period from the date it is delivered or, for software installed by Xerox, the date of software installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be free from errors or that its operation will be uninterrupted.

Software License. 12.1 Purchaser is hereby granted 10.1 Subject to the terms of this Agreement, FireEye grants to Subcontractor a nonexclusiveNonexclusive, nontransferable, paid-up limited license to use Software specified in the Software only Work Order in connection with Purchaser’s Object code form and related documents (e.g. technical specifications, manuals) for the sole Purpose of providing Services and preparing Subcontractor Work Product pursuant to such Work Order. The license granted herein shall be for use of the Equipment purchased under Software solely as provided in this Agreement. 12.2 Software licensed under Section 10 and the Work Order. Unless expressly authorized in a specific Work Order, this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used license Shall extend only to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under integrated into products delivered to and installed for Fire Eye’s customer or for the Agreement or any enhancement, modification, extension or expansion thereof, or an implementation purpose of any training Fire Eye’s customers in the use of the foregoing shallSoftware. EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS AGREEMENT AND A SPECIFIC WORK ORDER, as between the parties heretoSUBCONTRACTOR SHALL NOT (AND SHALL NOT PERMIT A THIRD PARTY TO): COPY, be treated as the exclusive property IN WHOLE OR IN PART, SOFTWARE OR RELATED DOCUMENTS; MAKE ERROR CORRECTIONS OR OTHERWISE MODIFY THE SOFTWARE OR DOCUMENTS; DECOMPILE, DECRYPT, REVERSE ENGINEER, DISASSEMBLE OR OTHERWISE REDUCE ALL OR ANY PORTION OF THE SOFTWARE TO HUMANREADABLE FORM; OR TRANSFER, SUBLICENSE, RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE OR DOCUMENTS. 10.2 This license is effective until terminated either separately or upon termination of DSC This Agreement. Upon termination Subcontractor shall destroy or return to FireEye all copies of Software and as proprietary to and a trade secret of DSCrelated documents in its possession. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent of DSC; (d) hold If Subcontractor destroys the Software and any portions or aspects thereof including Documentation related documentation thereto, it shall certify in confidence for the benefit of DSC; (e) forthwith return writing to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which FireEye that such destruction has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations Occurred. Termination of the Purchaser hereunder shall not extend to any information license granted in this Section 10 is automatic upon expiration or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination Termination of this Agreement for Agreement. FireEye also may terminate this license upon written or oral notice To Subcontractor, with or without prior notice. Subcontractor also may terminate this license at Any time by destroying all copies of Software and documents relating thereto which are in Subcontractor’s possession and notifying FireEye of the termination. This license will terminate Immediately without notice from FireEye if Subcontractor fails to comply with any reason and shall continued even if the Software is no longer utilized with the Equipmentprovision of this License.

Software License. 12.1 Purchaser is hereby granted a nonexclusiveCustomer agrees not to reproduce, nontransferablemodify, paid-up license to use the Software only in connection with Purchaser’s use of the Equipment purchased under this Agreement. 12.2 Software licensed under this Agreement is defined as computer programs contained on a magnetic tapetranslate, discdecompile, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under the Agreement or any enhancement, modification, extension or expansion thereofreverse engineer disassemble, or an implementation of otherwise determine or attempt to determine source code from any of the foregoing shallXO or third-party software, as between the parties heretoor to permit or authorize a third party to do so. Title to such software, be treated as and all related technical know-how and intellectual property rights therein are and shall remain the exclusive property of DSC XO and/or its suppliers. Customer shall not take any action to jeopardize, limit or interfere in any manner with XO and as proprietary to its supplier’s ownership of and a trade secret of DSC. All rights, title and interest in the Software are and shall remain rights with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software without the prior written consent of DSC; (b) not reproduce or copy the software in whole or in part; (c) not provide, disclose or make the Software or any portions or aspects thereof available respect to any person except to its employees on a licensed software. XO PROVIDES, AND CUSTOMER HEREBY ACCEPTS, ANY XO OR THIRD PARTY SOFTWARE PROVIDED TO OR USED BY CUSTOMER IN CONNECTION WITH THE SERVICES “needAS-toIS” WITH NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NON-know” basis without prior written consent of DSC; INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING HEREIN SHALL BE INTERPRETED TO ENHANCE OR CREATE ANY WARRANTY WITH RESPECT TO ANY THIRD PARTY SOFTWARE. XO DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE DELIVERY, INSTALLATION, SUPPORT OR USE OF ANY SOFTWARE. XO ASSUMES NO OBLIGATION TO CORRECT ERRORS IN ANY SOFTWARE. CUSTOMER UNDERSTANDS AND ACCEPTS ALL RESPONSIBILITY FOR ANY SOFTWARE MEETING CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. DISCLAIMER OF WARRANTIES XO MAKES NO REPRESENTATION OR WARRANTY WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, SYSTEM EQUIPMENT OR XO-OWNED OR PROVIDED EQUIPMENT USED BY THE CUSTOMER, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. XO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY, AND MAKES NO WARRANTY, FOR THE SUBSTANCE, ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS NETWORK, AN ACCOUNT, OR THAT THE SERVICE WILL BE ERROR-FREE, WHETHER OR NOT SUCH SERVICE IS USED BY CUSTOMER OR AN END USER. IN ADDITION, XO MAKES NO WARRANTY WITH RESPECT TO ANY SOFTWARE OR HARDWARE PRODUCTS (d“PRODUCTS”) hold the Software and any portions or aspects thereof including related documentation in confidence for the benefit of DSC; (e) forthwith return to DSC any and all magnetic tapeUSED OR PROVIDED BY XO IN CONNECTION WITH AN ACCOUNT. ANY PATENT, discCOPYRIGHT, semiconductor device or other memory device or system and/or documentation of other material which has been replacedTRADEMARK, modifiedTRADE SECRET OR OTHER INTELLECTUAL PROPERTY CLAIMS, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate personsWHETHER ACTUAL OR ALLEGED, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this licenseARE THE DIRECT RESPONSIBILITY OF THAT PRODUCTS MANUFACTURER. XO ASSUMES NO RESPONSIBILITY FOR ANY ACTIONS OR LIABILITIES ARISING FROM THE POSSESSION OR USE OF THE PRODUCTS. 12.4 The obligations of the Purchaser hereunder shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaser. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.

Software License. 12.1 Purchaser is hereby granted 7.1. Subject to the terms of this Agreement, Cisco grants to Subcontractor a nonexclusive, nontransferable, paid-up nonexclusive and nontransferable license to use the Software only specified in connection with Purchaser’s the SOW in object code form and related documents (e.g. technical specifications, manuals) for the sole purpose of providing Services and preparing Subcontractor Work Product pursuant to such SOW. The license granted herein shall be for use of the Equipment purchased under Software solely as provided in this Agreement. 12.2 Software licensed under Section 7 and the SOW. Unless expressly authorized in a specific SOW, this Agreement is defined as computer programs contained on a magnetic tape, disc, semiconductor device or other memory device or system memory consisting of: (a) hardwired logic instructions which manipulate data in the central processor and which control input- output operations, error diagnostics and recovery routines; and (b) instruction sequences in machine-readable code that control call processing, peripheral equipment, administration and maintenance functions as well as associated documentation used license shall extend only to describe, maintain and use the programs. 12.3 Purchaser agrees that the Software to be provided by DSC under integrated into products delivered to and installed for Customer. EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS AGREEMENT AND A SPECIFIC SOW, SUBCONTRACTOR SHALL NOT (AND SHALL NOT PERMIT A THIRD PARTY TO): COPY, IN WHOLE OR IN PART, SOFTWARE OR RELATED DOCUMENTS; USE THE SOFTWARE ON UNAUTHORIZED) OR SECONDHAND CISCO EQUIPMENT; MAKE ERROR CORRECTIONS OR OTHERWISE MODIFY THE SOFTWARE OR DOCUMENTS; DECOMPILE, DECRYPT, REVERSE ENGINEER, DISASSEMBLE OR OTHERWISE REDUCE ALL OR ANY PORTION OF THE SOFTWARE TO HUMAN-READABLE FORM; OR TRANSFER, SUBLICENSE, RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE OR DOCUMENTS. 7.2. Section 3 of this Agreement, Confidentiality, applies to the Agreement or Software licensed herein above. Subcontractor shall maintain and reproduce all copyright and other proprietary notices on all copies, in any enhancementform, modificationof the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Subcontractor agrees that aspects of the Software and associated documentation, extension or expansion thereofincluding the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Cisco. Subcontractor shall not disclose, provide, or an implementation otherwise make available such trade secrets of copyrighted material in any of the foregoing shall, as between the parties hereto, be treated as the exclusive property of DSC and as proprietary form to and a trade secret of DSC. All rights, title and interest in the Software are and shall remain with DSC subject, however, to a license to Purchaser to use the software solely in conjunction with the Equipment during the useful life of the Equipment. Purchaser shall: (a) not modify the Software any third party without the prior written consent of DSC; (b) not reproduce Cisco. Subcontractor shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Cisco. 7.3. This license is effective until terminated either separately or copy upon termination of this Agreement. Upon termination Subcontractor shall destroy or return to Cisco all copies of Software and documents relating thereto in its possession. If Subcontractor destroys licensed materials, it shall certify in writing to Cisco that such destruction has occurred. Termination of the software license granted in whole this Section 7 is automatic upon expiration or in part; (c) not providetermination of this Agreement. Cisco also may terminate this license upon written or oral notice to Subcontractor, disclose with or make the Software or any portions or aspects thereof available to any person except to its employees on a “need-to-know” basis without prior written consent notice. Subcontractor also may terminate this license at any time by destroying all copies of DSC; (d) hold the Software and documents relating thereto which are in Subcontractor's possession and notifying Cisco of the termination. This license will terminate immediately without notice from Cisco if Subcontractor fails to comply with any portions or aspects thereof including related documentation in confidence for the benefit provision of DSC; (e) forthwith return to DSC any and all magnetic tape, disc, semiconductor device or other memory device or system and/or documentation of other material which has been replaced, modified, or updated; (f) utilize the Software or any portions or aspects thereof (including any methods or concepts utilized therein) solely in conjunction with the Equipment; (g) issue adequate instructions to all appropriate persons, and take all actions reasonably necessary to satisfy Purchaser’s obligations under this license. 12.4 The obligations 7.4. If any portion of this license section is found to be void or unenforceable, the remaining provisions of this license shall remain in full force and effect. This license constitutes the entire license between the parties with respect to the use of Software. 7.5. Cisco's commercial software and commercial computer software documentation is provided to United States Government agencies in accordance with the terms of this software license, and per subparagraph " (c) of the Purchaser hereunder "Commercial Computer Software-Restricted Rights" clause at FAR 52.227-19 (June 1987). For DOD agencies, the restrictions set forth in the "Technical Data-Commercial Items" clause at DFARS 252.227-7015 (Nov 1995) shall not extend to any information or data relating to the Software which is now available to the general public or becomes available by reason of acts or failures to act not attributable to Purchaseralso apply. 12.5 The obligations of Purchaser under this Article 12 shall survive the termination of this Agreement for any reason and shall continued even if the Software is no longer utilized with the Equipment.