Common use of Independent Nature of Buyers’ Obligations and Rights Clause in Contracts

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Buyer under the Transaction Documents are several and not joint with the obligations of any other third party purchase or the Company’s securities under any other agreement between such third party purchaser and the Company. Buyer shall not be responsible in any way for the performance of the obligations of any other third party purchaser of the Company’s securities under any such other agreement. The decision of the Buyer to purchase Common Shares pursuant to this Agreement has been made by the Buyer independently of any other third party purchaser of the Company’s securities. Nothing contained herein or in any Transaction Document, and no action taken by the Buyer pursuant thereto, shall be deemed to constitute the Buyer and any third party purchaser of the Company’s securities as a partnership, an association, a joint venture or any other kind of entity or group, or create a presumption that the Buyer and any third party purchaser of the Company’s securities are in any way acting in concert or as a group with respect to any matters. The Buyer acknowledges that no other third party purchaser of the Company’s securities has acted as agent for the Buyer in connection with making its investment hereunder and that no third party purchaser of the Company’s securities will be acting as agent of the Buyer in connection with monitoring its investment in the Common Shares or enforcing its rights under the Transaction Documents. The Buyer confirms that it has independently participated in the negotiation of the transactions contemplated hereby with the advice of its own counsel and advisors. The Buyer shall be entitled to independently protect and enforce its rights (including, without limitation, the rights arising out of this Agreement or out of the other Transaction Documents), and it shall not be necessary for any third party purchaser of the Company’s securities to be joined as an additional party in any proceeding for such purpose. To the extent that any such third party purchasers purchase the same or similar securities as the Buyer hereunder or on the same or similar terms and conditions or pursuant to the same or similar documents, all such matters are solely in the control of the Company, not the action or decision of the Buyer, and would be solely for the convenience of the Company and not because it was required or requested to do so by the Buyer or any such third party purchaser. For clarification purposes only and without implication that the contrary would otherwise be true, the transactions contemplated by the Transaction Documents include only the transaction between the Company and the Buyer and do not include any other transaction between the Company and any other third party purchaser of the Company’s securities.

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Buyer under the Transaction Documents each Investor hereunder are several and not joint with the obligations of any other third party purchase or the Company’s securities under any other agreement between such third party purchaser Investor, and the Company. Buyer no Investor shall not be responsible in any way for the performance of the obligations of any other third party purchaser of the Company’s securities under any such other agreement. The decision of the Buyer to purchase Common Shares pursuant to this Agreement has been made by the Buyer independently of Investor hereunder or for any other third party purchaser of the Company’s securitiesInvestor's representations or warranties hereunder. Nothing contained herein or in any Transaction Documentherein, and no action taken by the Buyer any Investor pursuant theretohereto, shall be deemed to constitute the Buyer and any third party purchaser of the Company’s securities Investors as a partnership, an association, a joint venture or any other kind of entity or groupentity, or create a presumption that the Buyer and any third party purchaser of the Company’s securities Investors are in any way acting in concert or as a group with respect to any matterssuch obligations or the transactions contemplated hereby. The Buyer acknowledges that no other third party purchaser of the Company’s securities has acted as agent for the Buyer in connection with making its investment hereunder and that no third party purchaser of the Company’s securities will be acting as agent of the Buyer in connection with monitoring its investment in the Common Shares or enforcing its rights under the Transaction Documents. The Buyer Each Investor confirms that it has independently participated in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Buyer Each Investor shall be entitled to independently protect and enforce its rights (rights, including, without limitation, the rights arising out of this Agreement or out of the other Transaction Documents)Agreement, and it shall not be necessary for any third party purchaser of the Company’s securities other Investor to be joined as an additional party in any proceeding for such purpose. To the extent that any such third party purchasers purchase the same or similar securities [Signature page follows] The parties hereto have executed this Agreement as the Buyer hereunder or on the same or similar terms and conditions or pursuant to the same or similar documents, all such matters are solely in the control of the Companydate first set forth above. COMPANY BROADVISION, not INC. By: /s/ XXXXXX XXXX Name: Xxxxxx Xxxx Title: President and Chief Executive Officer From and after the action or decision effective time of the BuyerTransaction, Merger Sub hereby guarantees the full and would be solely for the convenience of timely payment and performance by the Company and not because it was required or requested to do so by the Buyer or any such third party purchaserof all of its obligations hereunder. For clarification purposes only and without implication that the contrary would otherwise be trueBRAVO MERGER SUB, the LLC By: /s/ XXXXXXXXXXX XXXXXXXXX Name: Xxxxxxxxxxx Xxxxxxxxx Title: Chief Executive Officer INVESTORS Portside Growth & Opportunity Fund By: /s/ XXXX XXXXX Name: Xxxx Xxxxx Title: Authorized Signatory SF CAPITAL PARTNERS LTD. By: Name: Title: MANCHESTER SECURITIES CORP. By: Name: Title: KINGS ROAD INVESTMENTS LTD. By: /s/ XXXXXXX X. XXXXX Name: Xxxxxxx X. Xxxxx Title: Co-head, Private Investments PROVIDENT PREMIER MASTER FUND, LTD. By: Name: Title: EXHIBIT A TO NOTEHOLDERS AGREEMENT The "Transaction" as used this Agreement shall mean a series of transactions contemplated by the Transaction Documents include only the transaction between the Company and the Buyer and do not include any other transaction between the Company and any other third party purchaser of the Company’s securities.whereby:

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Buyer under the Transaction Documents Holder and each other holder of Series A September 2021 Warrants are several and not joint with the obligations of any other third party purchase or the Company’s securities under any other agreement between such third party purchaser Holder, and the Company. Buyer Holder shall not be responsible in any way for the performance of the obligations of any other third party purchaser holder of the Company’s securities Series A September 2021 Warrants under any such other agreement. The decision of the Buyer to purchase Common Shares pursuant to this Agreement has been made by the Buyer independently of any other third party purchaser of the Company’s securitiesagreement contemplated hereby. Nothing contained herein or in any Transaction Documentother agreement, and no action taken by the Buyer Holder pursuant hereto or thereto, shall be deemed to constitute the Buyer Holder, the other holders of Series A September 2021 Warrants as, and the Company, and any third party purchaser subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of the Company’s securities as Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of entity group or groupentity, or create a presumption that the Buyer and any third party purchaser of the Company’s securities they are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The Buyer decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder acknowledges that no other third party purchaser holder of the Company’s securities Series A September 2021 Warrants has acted as agent for the Buyer Holder in connection with the Holder making its investment hereunder entering into this Agreement and that no third party purchaser other holder of the Company’s securities Series A September 2021 Warrants will be acting as agent of the Buyer Holder in connection with monitoring its the Holder’s investment in the Common Exercised Warrants or Exercised Warrant Shares or enforcing its rights under the Transaction Documentsthis Agreement or any other agreement contemplated hereby. The Buyer Company and the Holder confirms that it the Holder has independently participated with the Company and its subsidiaries in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Buyer Holder shall be entitled to independently protect and enforce its rights (rights, including, without limitation, the rights arising out of this Agreement or out of the any other Transaction Documents)agreement contemplated hereby, and it shall not be necessary for any third party purchaser other holder of the Company’s securities Series A September 2021 Warrants to be joined as an additional party in any proceeding for such purpose. To the extent that any such third party purchasers purchase the same or similar securities as the Buyer hereunder or on the same or similar terms and conditions or pursuant to the same or similar documents, all such matters are solely in the control of the Company, not the action or decision of the Buyer, and would be solely for the convenience of the Company and not because it was required or requested to do so by the Buyer or any such third party purchaser. For clarification purposes only and without implication that the contrary would otherwise be true, the transactions contemplated by the Transaction Documents include only the transaction between the Company and the Buyer and do not include any other transaction between the Company and any other third party purchaser of the Company’s securities.

Independent Nature of Buyers’ Obligations and Rights. The obligations of the Buyer under the Transaction Documents Holder and each other holder of Series A September 2021 Warrants are several and not joint with the obligations of any other third party purchase or the Company’s securities under any other agreement between such third party purchaser Holder, and the Company. Buyer Holder shall not be responsible in any way for the performance of the obligations of any other third party purchaser holder of the Company’s securities Series A September 2021 Warrants under any such other agreement. The decision of the Buyer to purchase Common Shares pursuant to this Agreement has been made by the Buyer independently of or any other third party purchaser of the Company’s securitiesagreement contemplated hereby. Nothing contained herein or in any Transaction Documentother agreement, and no action taken by the Buyer Holder pursuant hereto or thereto, shall be deemed to constitute the Buyer Holder, the other holders of Series A September 2021 Warrants as, and the Company, and any third party purchaser subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of the Company’s securities as Series A September 2021 Warrants do not so constitute, a partnership, an association, a joint venture or any other kind of entity group or groupentity, or create a presumption that the Buyer and any third party purchaser of the Company’s securities they are in any way acting in concert or as a group or entity, and the Company and any subsidiary shall not assert any such claim with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby or any matters, and the Company and any subsidiary thereof (as the case may be) acknowledges that the Holder and the other holders of Series A September 2021 Warrants are not acting in concert or as a group, and the Company and any subsidiary thereof (as the case may be) shall not assert any such claim, with respect to such obligations or the transactions contemplated by this Agreement or any other agreement contemplated hereby. The Buyer decision of the Holder to enter into this Agreement has been made by the Holder independently of any other holder of Series A September 2021 Warrants. The Holder acknowledges that no other third party purchaser holder of the Company’s securities Series A September 2021 Warrants has acted as agent for the Buyer Holder in connection with the Holder making its investment hereunder entering into this Agreement and that no third party purchaser other holder of the Company’s securities Series A September 2021 Warrants will be acting as agent of the Buyer Holder in connection with monitoring its the Holder’s investment in the Common Exercised Warrants or Exercised Warrant Shares or enforcing its rights under the Transaction Documentsthis Agreement or any other agreement contemplated hereby. The Buyer Company and the Holder confirms that it the Holder has independently participated with the Company and its subsidiaries in the negotiation of the transactions transaction contemplated hereby with the advice of its own counsel and advisors. The Buyer Holder shall be entitled to independently protect and enforce its rights (rights, including, without limitation, the rights arising out of this Agreement or out of the any other Transaction Documents)agreement contemplated hereby, and it shall not be necessary for any third party purchaser other holder of the Company’s securities Series A September 2021 Warrants to be joined as an additional party in any proceeding for such purpose. To the extent that any such third party purchasers purchase the same or similar securities as the Buyer hereunder or on the same or similar terms and conditions or pursuant to the same or similar documents, all such matters are solely in the control of the Company, not the action or decision of the Buyer, and would be solely for the convenience of the Company and not because it was required or requested to do so by the Buyer or any such third party purchaser. For clarification purposes only and without implication that the contrary would otherwise be true, the transactions contemplated by the Transaction Documents include only the transaction between the Company and the Buyer and do not include any other transaction between the Company and any other third party purchaser of the Company’s securities.