Common use of CUSTOMER APPLICATIONS AND THIRD PARTY APPLICATIONS Clause in Contracts

CUSTOMER APPLICATIONS AND THIRD PARTY APPLICATIONS. 4.1 Any Third Party Applications or Customer Applications that run on the Platform Services are hereby excluded from the defined terms “Subscription Services”, “BMC Application Services” and “Platform Services”. Such Third Party Applications are governed by the terms provided with the Third Party Applications, and are by and between Customer and the applicable Third Party Publisher. Customer and Third Party Publishers shall agree upon their respective obligations with respect to the processing of personal data by Third Party Publishers. Customer acknowledges and agrees that this Agreement does not govern Customer’s subscription, use and access of any Third Party Applications or Customer Applications, and said Third Party Applications and Customer Applications are specifically excluded from this Agreement. 4.2 Customer may utilize the Development Platform to create an Application to run on the Platform Services. Customer’s use of the Development Platform is governed by the terms of this Agreement subject to the restrictions set forth in sections 4.2.1 to 4.2.6 below. Customer’s development of an Application must meet the best practices development guidelines set forth in the User Guide. Each Customer Application shall at all times materially conform to policies and best practices set forth in the User Guide. Prior to the deployment of any Customer Applications in a production or non-production environment of the Platform Services, Customer must conduct security and functional tests of each Customer Application and submit the results of such tests to BMC for review. BMC reserves the right to reject Customer’s deployment request of a Customer Application based on the results of Customer’s security and functional tests. Additionally, BMC reserves the right, during the term of this Agreement, to request Customer conduct additional security and functional tests and provide the results of said tests to BMC for review. Notwithstanding the foregoing, Customer must ensure that at all times Customer Applications are secure.

CUSTOMER APPLICATIONS AND THIRD PARTY APPLICATIONS. 4.1 Any Third Party Applications or Customer Applications that run on the Platform Services are hereby excluded from the defined defined terms “Subscription Services”, “BMC Application Services” and “Platform Services”. Such Third Party Applications are governed by the terms provided with the Third Party Applications, and are by and between Customer and the applicable Third Party Publisher. Customer and Third Party Publishers shall agree upon their respective obligations with respect to the processing of personal data by Third Party Publishers. Customer acknowledges and agrees that this Agreement does not govern Customer’s subscription, use and access of any Third Party Applications or Customer Applications, and said Third Party Applications and Customer Applications are specifically excluded from this Agreement. 4.2 Customer may utilize the Development Platform BMC Innovation Suite for Developers to create an Application to run on the Platform Services. Customer’s use of the Development Platform BMC Innovation Suite for Developers is exclusively governed by the BMC Developer Program Agreement, a copy of which may be viewed at ▇▇▇▇://▇▇▇▇▇.▇▇▇.▇▇▇.▇▇▇/documents/DVA.pdf, and such use is not governed by the terms of this Agreement subject to the restrictions set forth in sections 4.2.1 to 4.2.6 belowAgreement. Customer’s development of an Application must meet the best practices development guidelines set forth in the User Guide. Each Customer Application shall at all times materially conform to policies and best practices set forth in the User Guide. Prior to the deployment of any Customer Applications in a production or non-production environment of the Platform Services, Customer must conduct security and functional tests of each Customer Application and submit the results of such tests to BMC for review. BMC reserves the right to reject Customer’s deployment request of a Customer Application based on the results of Customer’s security and functional tests. Additionally, BMC reserves the right, during the term of this Agreement, to request Customer conduct additional security and functional tests and provide the results of said tests to BMC for review. Notwithstanding the foregoing, Customer must ensure that at all times Customer Applications are secure.

CUSTOMER APPLICATIONS AND THIRD PARTY APPLICATIONS. 4.1 Any Third Party Applications or Customer Applications that run on the Platform Services are hereby excluded from the defined terms “Subscription Services”, “BMC Application Services” and “Platform Services”. Such Third Party Applications are governed by the terms provided with the Third Party Applications, and are by and between Customer and the applicable Third Party Publisher. Customer and Third Party Publishers shall agree upon their respective obligations with respect to the processing of personal data by Third Party Publishers. Customer acknowledges and agrees that this Agreement does not govern Customer’s subscription, use and access of any Third Party Applications or Customer Applications, and said Third Party Applications and Customer Applications are specifically excluded from this Agreement. 4.2 Customer may utilize the Development Platform BMC Innovation Suite for Developers to create an Application to run on the Platform Services. Customer’s use of the Development Platform BMC Innovation Suite for Developers is exclusively governed by the BMC Developer Program Agreement, a copy of which may be viewed at ▇▇▇▇://▇▇▇▇▇.▇▇▇.▇▇▇.▇▇▇/documents/DVA.pdf, and such use is not governed by the terms of this Agreement subject to the restrictions set forth in sections 4.2.1 to 4.2.6 belowAgreement. Customer’s development of an Application must meet the best practices development guidelines set forth in the User Guide. Each Customer Application shall at all times materially conform to policies and best practices set forth in the User Guide. Prior to the deployment of any Customer Applications in a production or non-production environment of the Platform Services, Customer must conduct security and functional tests of each Customer Application and submit the results of such tests to BMC for review. BMC reserves the right to reject Customer’s deployment request of a Customer Application based on the results of Customer’s security and functional tests. Additionally, BMC reserves the right, during the term of this Agreement, to request Customer conduct additional security and functional tests and provide the results of said tests to BMC for review. Notwithstanding the foregoing, Customer must ensure that at all times Customer Applications are secure.

CUSTOMER APPLICATIONS AND THIRD PARTY APPLICATIONS. 4.1 4.1. Any Third Party Applications or Customer Applications that run on the Platform Services are hereby excluded from the defined terms “Subscription Services”, “BMC Application Services” and “Platform Services”. Such Third Party Applications are governed by the terms provided with the Third Party Applications, and are by and between Customer and the applicable Third Party Publisher. Customer and Third Party Publishers shall agree upon their respective obligations with respect to the processing of personal data by Third Party Publishers. Customer acknowledges and agrees that this Agreement does not govern Customer’s subscription, use and access of any Third Party Applications or Customer Applications, and said Third Party Applications and Customer Applications are specifically excluded from this Agreement. 4.2 4.2. Customer may utilize the Development Platform BMC Innovation Suite for Developers to create an Application to run on the Platform Services. Customer’s use of the Development Platform BMC Innovation Suite for Developers is exclusively governed by the BMC Developer Program Agreement, a copy of which may be viewed at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/content/dam/bmc/corporate/DVA.pdf, and such use is not governed by the terms of this Agreement subject to the restrictions set forth in sections 4.2.1 to 4.2.6 belowAgreement. Customer’s development of an Application must meet the best practices development guidelines set forth in the User Guide. Each Customer Application shall at all times materially conform to policies and best practices set forth in the User Guide. Prior to the deployment of any Customer Applications in a production or non-production environment of the Platform Services, Customer must conduct security and functional tests of each Customer Application and submit the results of such tests to BMC for review. BMC reserves the right to reject Customer’s deployment request of a Customer Application based on the results of Customer’s security and functional tests. Additionally, BMC reserves the right, during the term of this Agreement, to request Customer conduct additional security and functional tests and provide the results of said tests to BMC for review. Notwithstanding the foregoing, Customer must ensure that at all times Customer Applications are secure.