Common use of SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS Clause in Contracts

SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. As an exception to the Agreement, as long as the corresponding license for the Licensed Programs is valid, DS grants Customer a non- exclusive, non-transferable license to prepare Derivative Works of the Value Added Technology only. Customer may distribute such Derivative Works of the Value Added Technology to third parties exclusively in Object Code form. In addition, Customer is granted the right to modify, copy, and distribute those parts of the Value Added Technology expressly marked as “sample code,” if applicable. However, Customer shall not use, and shall not permit any third party to use, any form or part of the Value Added Technology (including without limitation, such as included in a Source Code Output File, a Binary Output File and/or Obfuscated Source Code) to develop a software program competing or intended to compete directly or indirectly with the Licensed Programs to which this OST applies, for whatever purpose. For the avoidance of doubt and without prejudice to the Agreement, distribution of any element of the Value Added Technology in whatever form (whether “as is” or included in a Derivative Work, Customer Model, Customer Application or Binary Output File, and/or “sample code”), as authorized pursuant hereto remains subject to the export and re-export laws and regulations provisions of the Agreement. In addition, Customer shall indemnify and defend DS against any claim, expense, cost (including reasonable attorneys’ fees), judgment, damage, or loss of any kind arising out of or in any way relating to, such distribution and/or any third party’s access to or use of such Value Added Technology in whatever form. Notwithstanding any term or condition of the Agreement, DS shall have no obligation whatsoever to defend or indemnify Customer against any claim arising out of or in any way relating to the distribution or redistribution, directly or indirectly, including as part of any services, of the Value Added Technology in whatever form (including, without limitation, such as included in a Customer Model, a Binary Output File or a Customer Application).

SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. As an exception to the Agreement, as long as the corresponding license for the Licensed Programs is valid, DS grants Customer a non- exclusive, non-transferable license to prepare Derivative Works of the Value Added Technology only. Customer may distribute such Derivative Works of the Value Added Technology to third parties exclusively in Object Code form. In addition, Customer is granted the right to modify, copy, and distribute those parts of the Value Added Technology expressly marked as “sample code,” if applicable. However, Customer shall not use, and shall not permit any third party to use, any form or part of the Value Added Technology (including without limitation, such as included in a Source Code Output File, a Binary Output File and/or Obfuscated Source Code) to develop a software program competing or intended to compete directly or indirectly with the Licensed Programs to which this OST applies, for whatever purpose. For the avoidance of doubt and without prejudice to the Agreement, distribution of any element of the Value Added Technology in whatever form (whether “as is” or included in a Derivative Work, Customer Model, Customer Application or Binary Output File, and/or “sample code”), as authorized pursuant hereto remains subject to the export and re-export laws and regulations provisions of the Agreement. In addition, Customer shall indemnify indemnify, defend, and defend hold harmless DS against any claim, expense, cost (including reasonable attorneys’ fees), judgment, damage, or loss of any kind arising out of or in any way relating to, such distribution and/or any third party’s access to or use of such Value Added Technology in whatever form. Notwithstanding any term or condition of the Agreement, DS shall have no obligation whatsoever to defend defend, hold harmless or indemnify Customer against any claim arising out of or in any way relating to the distribution or redistribution, directly or indirectly, including as part of any services, of the Value Added Technology in whatever form (including, without limitation, such as included in a Customer Model, a Binary Output File or a Customer Application).

SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. As an exception to the Agreement, as long as the corresponding license for the Licensed Programs is valid, DS grants Customer a non- exclusive, non-non transferable license to prepare Derivative Works of the Value Added Technology only. Customer may distribute such Derivative Works of the Value Added Technology to third parties exclusively in Object Code form. In addition, Customer is granted the right to modify, copy, and distribute those parts of the Value Added Technology expressly marked as “sample code,” if applicable. However, Customer shall not use, and shall not permit any third party to use, any form or part of the Value Added Technology (including without limitation, such as included in a Source Code Output File, a Binary Output File and/or Obfuscated Source Code) to develop a software program competing or intended to compete directly or indirectly with the Licensed Programs to which this OST applies, for whatever purpose. For the avoidance of doubt and without prejudice to the Agreement, distribution of any element of the Value Added Technology in whatever form (whether “as is” or included in a Derivative Work, Customer Model, Customer Application or Binary Output File, and/or “sample code”), as authorized pursuant hereto remains subject to the export and re-export laws and regulations provisions of the Agreement. In addition, Customer shall indemnify indemnify, defend, and defend hold harmless DS against any claim, expense, cost (including reasonable attorneys’ fees), judgment, damage, or loss of any kind arising out of or in any way relating to, such distribution and/or any third party’s access to or use of such Value Added Technology in whatever form. Notwithstanding any term or condition of the Agreement, DS shall have no obligation whatsoever to defend defend, hold harmless or indemnify Customer against any claim arising out of or in any way relating to the distribution or redistribution, directly or indirectly, including as part of any services, of the Value Added Technology in whatever form (including, without limitation, such as included in a Customer Model, a Binary Output File or a Customer Application).

SPECIFIC PROVISIONS FOR CERTAIN DS OFFERINGS. As an exception to the Agreement, as long as the corresponding license for the Licensed Programs is valid, DS grants Customer a non- exclusive, non-transferable license to prepare Derivative Works of the Value Added Technology only. Customer may distribute such Derivative Works of the Value Added Technology to third parties exclusively in Object Code form. In addition, Customer is granted the right ri ght to modify, copy, and distribute those parts of the Value Added Technology expressly marked as “sample code,” if applicable. However, Customer shall not use, and shall not permit any third party to use, any form or part of the Value Added Technology (including without limitation, such as included in a Source Code Output File, a Binary Output File and/or Obfuscated Source Code) to develop a software program competing or intended to compete directly or indirectly with the Licensed Programs to which this OST applies, for whatever purpose. For the avoidance of doubt and without prejudice to the Agreement, distribution of any element of the Value Added Technology in whatever form (whether “as is” or included in a Derivative Work, Customer Model, Customer Application or Binary Output File, and/or “sample code”), as authorized pursuant hereto remains subject to the export and re-export laws and regulations provisions of the Agreement. In addition, Customer shall indemnify and defend DS against any claim, expense, cost (including reasonable attorneys’ fees), judgment, damage, or loss of any kind arising out of or in any way relating to, such distribution and/or any third party’s access to or use of such Value Added Technology in whatever form. Notwithstanding any term or condition of the Agreement, DS shall have no obligation whatsoever to defend or indemnify Customer against any claim arising out of or in any way relating to the distribution or redistribution, directly or indirectly, including as part of any services, of the Value Added Technology in whatever form (including, without limitation, such as included in a Customer Model, a Binary Output File or a Customer Application).