ADDITIONAL USE BY E&S Clause Samples

ADDITIONAL USE BY E&S. E&S will pay royalties to Company for all licenses of Software Programs used internally by E&S to generate models for other E&S businesses and customers. The price will be equal to the average royalty amount E&S pays to Company for other licenses sold during that quarter. E&S may include Software Programs in its simulation and mission planning products and pay the same percentages of end-user sales price or international distributor price specified in Section 2 of this Exhibit A. Company will also not unreasonably withhold the right for E&S to include Software Programs in other E&S product offerings for other markets. The terms and pricing for this usage will be separately negotiated. CONFIDENTIAL INFORMATION EXCHANGE AGREEMENT The parties agree as follows: