Common use of Third Party Components Clause in Contracts

Third Party Components. The Software and future Enhancements may contain certain third party components (“Third Party Components”) which are provided to you under terms and conditions which are different from this Agreement, or which require Licensor to provide you with certain notices or information. Your use of each Third Party Component which contains or is accompanied by its own license agreement will be subject to the terms and conditions of such other license agreement, and not this Agreement. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an “AS IS” basis; (ii) Licensor will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) Licensor will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Third Party Components. Your sole and exclusive remedy with regard to any defect, claim, or other dispute relating to the Third Party Components is to cease use of such components. • Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to Licensee under this Agreement are expressly reserved by Licensor and its licensors. Licensee shall not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within the Software, the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Software.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;

Third Party Components. The (a) To enhance Your experience with Your CRICUT EXPRESSION 2 Machine and Software, the CRICUT EXPRESSION 2 Machine and Software and future Enhancements may contain certain third party components (“include Third Party Components”Components when originally shipped by Provo Craft or that may subsequently be transmitted, distributed or otherwise made available to You from time to time. The use of the Third Party Components (including any updates or upgrades thereto) which are provided may be subject to you under separate or additional terms and conditions which are different from this Agreementconditions. These separate or additional terms and conditions, or which require Licensor to provide you with certain notices or information. Your use of each if any, may be made available in a text file accompanying Third Party Component which contains or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by its own a separate end user license agreement will be agreement, are subject to the terms and conditions of this Agreement as though it were Software, except that such other license agreement, and not this Agreement. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an “by Provo Craft "AS IS” basis; " with no express or implied conditions, endorsements, guarantees, representations or warranties. (iic) Licensor will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) Licensor will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Third Party Components. Your sole and exclusive remedy with regard If a separate end user license agreement applies to any defect, claim, or other dispute relating to the Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to cease use use, copy, distribute, or modify all or part of such components. • Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All Third Party Component broader than the rights not expressly granted to Licensee afforded You under this Agreement are expressly reserved by Licensor and its licensors. Licensee shall not modifyfor the Software then, remove or destroy any proprietary markings or confidential legends placed upon or contained within solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property benefit of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Softwaresuch broader rights.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;

Third Party Components. The (a) To enhance Your experience with Your CRICUT MINI Machine and Software, the CRICUT MINI Machine and Software and future Enhancements may contain certain third party components (“include Third Party Components”Components when originally shipped by Provo Craft or that may subsequently be transmitted, distributed or otherwise made available to You from time to time. The use of the Third Party Components (including any updates or upgrades thereto) which are provided may be subject to you under separate or additional terms and conditions which are different from this Agreementconditions. These separate or additional terms and conditions, or which require Licensor to provide you with certain notices or information. Your use of each if any, may be made available in a text file accompanying Third Party Component which contains or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by its own a separate end user license agreement will be agreement, are subject to the terms and conditions of this Agreement as though it were Software, except that such other license agreement, and not this Agreement. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an “by Provo Craft "AS IS” basis; " with no express or implied conditions, endorsements, guarantees, representations or warranties. (iic) Licensor will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) Licensor will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Third Party Components. Your sole and exclusive remedy with regard If a separate end user license agreement applies to any defect, claim, or other dispute relating to the Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to cease use use, copy, distribute, or modify all or part of such components. • Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All Third Party Component broader than the rights not expressly granted to Licensee afforded You under this Agreement are expressly reserved by Licensor and its licensors. Licensee shall not modifyfor the Software then, remove or destroy any proprietary markings or confidential legends placed upon or contained within solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property benefit of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Softwaresuch broader rights.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;

Third Party Components. The (a) To enhance Your experience with Your CRICUT IMAGINE™ System and Software, the CRICUT IMAGINE™ System and Software and future Enhancements may contain certain third party components (“include Third Party Components”Components when originally shipped by Provo Craft or that may subsequently be transmitted, distributed or otherwise made available to You from time to time. The use of the Third Party Components (including any updates or upgrades thereto) which are provided may be subject to you under separate or additional terms and conditions which are different from this Agreementconditions. These separate or additional terms and conditions, or which require Licensor to provide you with certain notices or information. Your use of each if any, may be made available in a text file accompanying Third Party Component which contains or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by its own a separate end user license agreement will be agreement, are subject to the terms and conditions of this Agreement as though it were Software, except that such other license agreement, and not this Agreement. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an by Provo Craft “AS IS” basis; with no express or implied conditions, endorsements, guarantees, representations or warranties. (iic) Licensor will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) Licensor will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Third Party Components. Your sole and exclusive remedy with regard If a separate end user license agreement applies to any defect, claim, or other dispute relating to the Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to cease use use, copy, distribute, or modify all or part of such components. • Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All Third Party Component broader than the rights not expressly granted to Licensee afforded You under this Agreement are expressly reserved by Licensor and its licensors. Licensee shall not modifyfor the Software then, remove or destroy any proprietary markings or confidential legends placed upon or contained within solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property benefit of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Softwaresuch broader rights.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;

Third Party Components. The (a) To enhance Your experience with Your CRICUT GYPSY™ System and Software, the CRICUT GYPSY™ System and Software and future Enhancements may contain certain third party components (“include Third Party Components”Components when originally shipped by Provo Craft or that may subsequently be transmitted, distributed or otherwise made available to You from time to time. The use of the Third Party Components (including any updates or upgrades thereto) which are provided may be subject to you under separate or additional terms and conditions which are different from this Agreementconditions. These separate or additional terms and conditions, or which require Licensor to provide you with certain notices or information. Your use of each if any, may be made available in a text file accompanying Third Party Component which contains or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by its own a separate end user license agreement will be agreement, are subject to the terms and conditions of this Agreement as though it were Software, except that such other license agreement, and not this Agreement. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an by Provo Craft “AS IS” basis; with no express or implied conditions, endorsements, guarantees, representations or warranties. (iic) Licensor will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) Licensor will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Third Party Components. Your sole and exclusive remedy with regard If a separate end user license agreement applies to any defect, claim, or other dispute relating to the Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to cease use use, copy, distribute, or modify all or part of such components. • Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All Third Party Component broader than the rights not expressly granted to Licensee afforded You under this Agreement are expressly reserved by Licensor and its licensors. Licensee shall not modifyfor the Software then, remove or destroy any proprietary markings or confidential legends placed upon or contained within solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property benefit of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Softwaresuch broader rights.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;

Third Party Components. The Software Client acknowledges that in order to provide certain Services and future Enhancements Deliverables hereunder, Expedient may contain certain be required to purchase access to third party components telecommunications, energy/utility transportation and/or managed service facilities (“"Third Party Facilities") and/or purchase/license and provide Client with access to certain software applications and services provided by third parties ("Third Party Software") (Third Party Facilities and Third Party Software provided or otherwise made available by Expedient to Client hereunder are sometimes referred to collectively as "Third Party Components”) which are provided to you under terms and conditions which are different from this Agreement, or which require Licensor to provide you with certain notices or information"). Your use Client further acknowledges that availability of each these Third Party Component which contains or Components is accompanied by its own license agreement will be based solely on the best information available to Expedient as of the Contract Presentation Date, including third party representations and government regulations, and is subject to change during the terms and conditions Term of such other license agreement, and not this AgreementAgreement with little or no advance notice. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: If (i) all any necessary Third Party Components are provided on an “AS IS” basis; determined by Expedient, in its sole discretion to be unavailable as a result of changes to any third party availability, governmental regulations or any other condition or circumstance outside of Expedient's control, (ii) Licensor will Client's desired solution utilizing Third Party Components cannot be liable to you delivered in a manner that meets Expedient's standards for reliability, functionality, availability and security of Expedient's other product offerings, or indemnify you for any claims related to the (iii) in utilizing Client's desired solution of Third Party Components; , meeting Client's expectation for functionality and performance would require expenditures and/or a commitment of resources beyond the scope contemplated by Expedient upon original presentation of the Services, then, in each such case: (iiia) Licensor will Expedient shall not be in breach hereof or otherwise liable for any directfailure or inability to provide Services or Deliverables hereunder as a result of such unavailability of any Third Party Components, indirectand (b) Expedient may in its sole discretion modify, incidentalchange or replace the applicable Third Party Components originally contemplated in order to fulfill its obligations under this Agreement and otherwise attempt to mitigate the impact of such unavailability of Third Party Components, specialprovided, exemplaryif any such modification, punitive change or consequential damages replacement of the original Third Party Components includes a material price increase with respect to the Third Party Components. Your sole and exclusive remedy with regard to any defect, claim, or other dispute relating to the applicable Services enabled by such Third Party Components is or results in a material impairment of Client's ability to cease use utilize such Services in substantially the same manner as they were utilized prior to the modification, change or replacement, Client may cancel the affected Services by providing written notice to Expedient within thirty (30) days after Client's receipt of notification of such components. • Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to Licensee under this Agreement are expressly reserved by Licensor and its licensors. Licensee shall not modify, remove price increase or destroy any proprietary markings or confidential legends placed upon or contained within the Software, the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property discovery of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Softwaresuch impairment.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;

Third Party Components. The Software Certain components of the licensed software may rely on or contain software from third-party providers (hereinafter referred to as ‘Third-Party Components’), including open source software, whereby the source code of the software is released and future Enhancements may contain be reproduced, distributed or otherwise transmitted in a modified form in adherence with certain third terms. In contrast to this license agreement, the use of third-party components (“Third Party Components”) which are provided may be subject to you under separate or additional terms and conditions (hereinafter referred to as ‘License Terms’ for ease of reading), which are different from need to be adhered to when using the respective third-party components. In cases where third-party components contain open source software, the validity of the restrictions stipulated in this Agreement, or which require Licensor to provide you with certain notices or information. Your use of each Third Party Component which contains or is accompanied by its own license agreement will along with the corresponding license terms shall not apply. A list containing information on third-party components that require disclosure of the respective license terms can be subject to obtained from neurocat on request. By accepting the terms and conditions of such other neurocat license agreement, and not this Agreementthe Licensee simultaneously consents to the pertinent license terms for the respective third-party components. Notwithstanding the foregoingAs stipulated in Section VI., the following terms Licensor shall be responsible for ensuring that the intended use of the third-party components in conjunction with the licensed software and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an “AS IS” basis; (ii) Licensor will not be liable to you or indemnify you for any claims related the contractually governed use thereof adheres to the Third Party Components; respective license terms for the third-party components, and (iii) Licensor will not be liable for that the contractually governed use of the licensed software – in the absence of any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect express agreements to the Third Party Componentscontrary – is not restricted by any license terms. Your sole and exclusive remedy with regard to any defectIf the license terms for third-party components include disclaimers or indemnifications, claim, or other dispute relating these shall only apply in relation to the Third Party Components creator of the third-party components. In the absence of any express agreements to the contrary, this shall not affect the Licensor's liability and shall be solely governed by the terms of the neurocat license agreement for demo license end users. If the licensed software is designed to cease run with compilation or linking to a third-party component which is covered by the GNU Lesser General Public License, and the licensed software is combined or linked with the third-party component, the Licensee shall be permitted to modify the third-party component and subsequently reconnect it to the licensed software. Furthermore, the Licensee shall be permitted to modify the licensed software for its own use and to undertake reengineering to fix bugs in deviation of Section III., 3.4, if the licensed software has been combined or linked to the third-party component covered by the GNU Lesser General Public License. Provided more extensive rights have not been granted in license terms issued by third parties, and in the case that no additional license terms are stipulated in the aforementioned list, the Licensee shall solely be granted the right to use the third-party components in conjunction with the licensed software to the extent required for the contractually agreed use of such componentsthe licensed software. • Intellectual Property Ownership. The Software contains material Terms that is protected have been additionally agreed in individual cases or accepted by United States copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to Licensee under this Agreement are expressly reserved by Licensor and its licensors. the Licensee shall not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within continue to apply without prejudice to the Software, the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Softwareabove.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;