Common use of Contracts (Rights of Third Parties) Act Clause in Contracts

Contracts (Rights of Third Parties) Act. The parties agree that the provisions of the Contracts (Rights of Third Parties) Act, Cap 53B (“the Act”) shall apply to this Agreement to confer to each of Red Hat’s Affiliates and/or any Red Hat authorized dealer and their respective officers, employees, servants, contractors and agents all such rights as may be conferred under the Act in favour of third parties, including the right to enforce in each of these parties’ own name any term of this Agreement to the fullest extent permitted by the Act. APPENDIX 1 SUBSCRIPTION SERVICES Red Hat sells subscriptions that entitle you to receive Red Hat services and/or Software during the period of the subscription (generally, one or three years). This Appendix to the Order Form describes the “Subscription Services” that Red Hat provides for: Software product offerings (these subscriptions are called “Software Subscriptions”); Support and maintenance services offerings (these subscriptions are called “Support Subscriptions”); and Software delivery and management services offerings (these subscriptions are called “Management Subscriptions”). The Exhibits to this Appendix provide additional terms concerning the Subscription Services. Whether you purchase Subscription Services from us or though one of our authorized Business Partners, we agree to provide you with the Subscription Services on the terms described in this Appendix, which includes the Exhibits and documents referred to in this Appendix (together, the “Appendix”). In exchange, you agree to comply with the terms of the Agreement, including this Appendix. When we use a capitalized term in this Appendix without defining it, the term has the meaning defined in the Agreement to which this Appendix applies, such as the Red Hat Enterprise Agreement. In the event of a conflict, inconsistency or difference between this Appendix and an Exhibit to this Appendix, the terms of the Exhibit control.

Contracts (Rights of Third Parties) Act. The parties agree that the provisions of the Contracts (Rights of Third Parties) Act, Cap 53B (“the Act”) shall apply to this Agreement to confer to each of Red Hat’s Affiliates and/or any Red Hat authorized dealer and their respective officers, employees, servants, contractors and agents all such rights as may be conferred under the Act in favour of third parties, including the right to enforce in each of these parties’ own name any term of this Agreement to the fullest extent permitted by the Act. APPENDIX 1 SUBSCRIPTION SERVICES Red Hat sells subscriptions that entitle you to receive Red Hat services and/or Software during the period of the subscription (generally, one or three years). This Appendix to the Order Form describes the “Subscription Services” that Red Hat provides for: • Software product offerings (these subscriptions are called “Software Subscriptions”); • Support and maintenance services offerings (these subscriptions are called “Support Subscriptions”); and • Software delivery and management services offerings (these subscriptions are called “Management Subscriptions”). The Exhibits to this Appendix provide additional terms concerning the Subscription Services. Whether you purchase Subscription Services from us or though one of our authorized Business Partners, we agree to provide you with the Subscription Services on the terms described in this Appendix, which includes the Exhibits and documents referred to in this Appendix (together, the “Appendix”). In exchange, you agree to comply with the terms of the Agreement, including this Appendix. When we use a capitalized term in this Appendix without defining it, the term has the meaning defined in the Agreement to which this Appendix applies, such as the Red Hat Enterprise Agreement. In the event of a conflict, inconsistency or difference between this Appendix and an Exhibit to this Appendix, the terms of the Exhibit control.

Contracts (Rights of Third Parties) Act. The parties agree that the provisions of the Contracts (Rights of Third Parties) Act, Cap 53B (“the Act”) shall apply to this Agreement to confer to each of Red Hat’s Affiliates and/or any Red Hat authorized dealer and their respective officers, employees, servants, contractors and agents all such rights as may be conferred under the Act in favour of third parties, including the right to enforce in each of these parties’ own name any term of this Agreement to the fullest extent permitted by the Act. [Signatures appear on the following page] Each of the parties has executed this Agreement by its duly authorized representatives as of the Effective Date. Client Red Hat Asia Pacific Pte Ltd Signature Signature Printed Name Printed Name Title Title Date Date In order for Red Hat to process this Agreement, please sign and return this Agreement to Red Hat as follows: Facsimile: +00-0000-0000 Address: 0 Xxxxxxx Xxx, #00-00, Xxxxxxxxx 000000 Attention: Contracts Administrator Attention: Contracts Administrator To Client: please provide contact information for exchange of countersigned documents below: Facsimile: Address: Attention: APPENDIX 1 SUBSCRIPTION SERVICES Red Hat sells subscriptions that entitle you to receive Red Hat services and/or Software during the period of the subscription (generally, one or three years). This Appendix to the Order Form describes the “Subscription Services” that Red Hat provides for: Software product offerings (these subscriptions are called “Software Subscriptions”); Support and maintenance services offerings (these subscriptions are called “Support Subscriptions”); and Software delivery and management services offerings (these subscriptions are called “Management Subscriptions”). The Exhibits to this Appendix provide additional terms concerning the Subscription Services. Whether you purchase Subscription Services from us or though one of our authorized Business Partners, we agree to provide you with the Subscription Services on the terms described in this Appendix, which includes the Exhibits and documents referred to in this Appendix (together, the “Appendix”). In exchange, you agree to comply with the terms of the Agreement, including this Appendix. When we use a capitalized term in this Appendix without defining it, the term has the meaning defined in the Agreement to which this Appendix applies, such as the Red Hat Enterprise Agreement. In the event of a conflict, inconsistency or difference between this Appendix and an Exhibit to this Appendix, the terms of the Exhibit control.