Common use of Third Party Hosting Clause in Contracts

Third Party Hosting. Customer is authorized to install and use the Licensed Programs remotely on computers operated by a well-established, reputable third party service provider, and to appoint such service provider to operate the hardware and manage the Licensed Programs solely for and on behalf of Customer; provided however, that (i) only duly authorized users shall have the right to use the Licensed Programs; (ii) Customer shall enter into a written agreement with such service provider under which the service provider agrees that its access to the Licensed Programs is solely for the purpose of providing the services mentioned above to Customer and is otherwise subject to all of the restrictions and limitations contained in this Agreement; and (iii) such service provider is not part of a group of companies which provides products or services competing with DS Offerings. Customer acknowledges and agrees that the service provider shall be deemed an agent of Customer. If Customer becomes aware of any actual or suspected unauthorized access, use or disclosure of the Licensed Programs, Customer shall immediately terminate the service provider’s access to the Licensed Programs. Customer shall defend and indemnify DS against any claim, expense, judgment, damage or loss (including reasonable attorneys’ fees), which arises out of or in any way relates to any such service provider’s access to or use of the Licensed Programs.

Third Party Hosting. Customer is authorized to install and use the Licensed Programs remotely on computers operated by a well-established, reputable third party service provider, and to appoint such service provider to operate the hardware and manage the Licensed Programs solely for and on behalf of Customer; provided however, that (i) only duly authorized users shall have the right to use the Licensed Programs; (ii) Customer shall enter into a written agreement with such service provider under which the service provider agrees that its access to the Licensed Programs is solely for the purpose of providing the services mentioned above to Customer and is otherwise subject to all of the restrictions and limitations contained in this Agreement; and (iii) such service provider is not part a competitor of a group of companies which provides products or services competing with DS OfferingsNo Magic. Customer acknowledges and agrees that the service provider shall be deemed an agent of Customer. If Customer becomes aware of any actual or suspected unauthorized access, use or disclosure of the Licensed Programs, Customer shall immediately terminate the service provider’s access to the Licensed Programs. Customer shall defend and indemnify DS No Magic against any claim, expense, judgment, damage or loss (including reasonable attorneys’ fees), which arises out of or in any way relates to any such service provider’s access to or use of the Licensed Programs.

Third Party Hosting. Customer is authorized to install and use the Licensed Programs remotely on computers operated by a well-established, reputable third party service provider, and to appoint such service provider to operate the hardware and manage the Licensed Programs solely for and on behalf of Customer; provided however, that (i) only duly authorized users shall have the right to use the Licensed Programs; (ii) Customer shall enter into a written agreement with such service provider under which the service provider agrees that its access to the Licensed Programs is solely for the purpose of providing the services mentioned above to Customer and is otherwise subject to all of the restrictions and limitations contained in this Agreement; and (iii) such service provider is not part a competitor of a group of companies which provides products or services competing with any DS OfferingsGroup Company. Customer acknowledges and agrees that the service provider shall be deemed an agent of Customer. If Customer becomes aware of any actual or suspected unauthorized access, use or disclosure of the Licensed Programs, Customer shall immediately terminate the service provider’s access to the Licensed Programs. Customer shall defend and indemnify DS against any claim, expense, judgment, damage or loss (including reasonable attorneys’ fees), which arises out of or in any way relates to any such service provider’s access to or use of the Licensed Programs.

Third Party Hosting. Customer is authorized to install and use the Licensed Programs remotely on computers operated by a well-established, reputable third party service provider, and to appoint such service provider to operate the hardware and manage the Licensed Programs solely for and on behalf of Customer; provided however, that (i) only duly authorized users shall have the right to use the Licensed Programs; (ii) Customer shall enter into a written agreement with such service provider under which the service provider agrees that its access to the Licensed Programs is solely for the purpose of providing the services mentioned above to Customer and is otherwise subject to all of the restrictions and limitations contained in this Agreement; and (iii) such service provider is not part a competitor of a group of companies which provides products or services competing with DS OfferingsBIOVIA. Customer acknowledges and agrees that the service provider shall be deemed an agent of Customer. If Customer becomes aware of any actual or suspected unauthorized access, use or disclosure of the Licensed Programs, Customer shall immediately terminate the service provider’s access to the Licensed Programs. Customer shall defend and indemnify DS BIOVIA against any claim, expense, judgment, damage or loss (including reasonable attorneys’ fees), which arises out of or in any way relates to any such service provider’s access to or use of the Licensed Programs.

Third Party Hosting. Customer is authorized to install and use the Licensed Programs remotely on computers operated by a well-well- established, reputable third party service provider, and to appoint such service provider to operate the hardware and manage the Licensed Programs solely for and on behalf of Customer; provided however, that (i) only duly authorized users shall have the right to use the Licensed Programs; (ii) Customer shall enter into a written agreement with such service provider under which the service provider agrees that its access to the Licensed Programs is solely for the purpose of providing the services mentioned above to Customer and is otherwise subject to all of the restrictions and limitations contained in this Agreement; and (iii) such service provider is not part of a group of companies which provides products or services competing with DS Offerings. Customer acknowledges and agrees that the service provider shall be deemed an agent of Customer. If Customer becomes aware of any actual or suspected unauthorized access, use or disclosure of the Licensed Programs, Customer shall immediately terminate the service provider’s access to the Licensed Programs. Customer shall defend and indemnify DS against any claim, expense, judgment, damage or loss (including reasonable attorneys’ fees), which arises out of or in any way relates to any such service provider’s access to or use of the Licensed Programs.. 15.5

Third Party Hosting. Customer is authorized to install and use the Licensed Programs remotely on computers operated by a well-well- established, reputable third party service provider, and to appoint such service provider to operate the hardware and manage the Licensed Programs solely for and on behalf of Customer; provided however, that (i) only duly authorized users shall have the right to use the Licensed Programs; (ii) Customer shall enter into a written agreement with such service provider under which the service provider agrees that its access to the Licensed Programs is solely for the purpose of providing the services mentioned above to Customer and is otherwise subject to all of the restrictions and limitations contained in this Agreement; and (iii) such service provider is not part of a group of companies which provides products or services competing with DS Offerings. Customer acknowledges and agrees that the service provider shall be deemed an agent of Customer. If Customer becomes aware of any actual or suspected unauthorized access, use or disclosure of the Licensed Programs, Customer shall immediately terminate the service provider’s access to the Licensed Programs. Customer shall defend and indemnify DS against any claim, expense, judgment, damage or loss (including reasonable attorneys’ fees), which arises out of or in any way relates to any such service provider’s access to or use of the Licensed Programs.. 15.4

Third Party Hosting. Customer is authorized to install and use the Licensed Programs remotely on computers operated by a well-established, reputable third party service provider, and to appoint such service provider to operate the hardware and manage the Licensed Programs solely for and on behalf of Customer; provided however, that (i) only duly authorized users shall have the right to use the Licensed Programs; (ii) Customer shall enter into a written agreement with such service provider under which the service provider agrees that its access to the Licensed Programs is solely for the purpose of providing the services mentioned above to Customer and is otherwise subject to all of the restrictions and limitations contained in this Agreement; and (iii) such service provider is not part of a group of companies which provides products or services competing with DS Offerings. Customer acknowledges and agrees that the service provider shall be deemed an agent of Customer. If Customer becomes aware of any actual or suspected unauthorized access, use or disclosure of the Licensed Programs, Customer shall immediately terminate the service provider’s access to the Licensed Programs. Customer shall defend and indemnify DS against any claim, expense, judgment, damage or loss (including reasonable attorneys’ fees), which arises out of or in any way relates to any such service provider’s access to or use of the Licensed Programs.. 15.5