Common use of DUTIES OF THE CONTRACTOR Clause in Contracts

DUTIES OF THE CONTRACTOR. 3.1 The Contractor shall fulfil all obligations arising from the use of ▇▇▇▇ in conjunction with the use, modification and distribution of Approved ▇▇▇▇ and ▇▇▇▇ Derivatives, in particular those from the ▇▇▇▇ Licenses, for and on behalf of the Principal, unless this is not permitted under the terms of the respective ▇▇▇▇ License. Any restrictions thereto may only be agreed in the ▇▇▇▇ Disclosure Document. In addition, the Contractor shall enable the Principal to fulfil all obligations relating to the use of the Approved ▇▇▇▇ and ▇▇▇▇ Derivatives and shall provide for strict compliance with the conditions and obligations agreed with the Principal. 3.2 The Contractor shall design and structure its goods or services, in the case of software development or modifications also within the software architecture, in accordance with the requirements of the Principal so that a) Software to be developed or modified for the Principal is not impaired by any ▇▇▇▇ or ▇▇▇▇ Derivatives that is used, in particular not with regard to the so-called "copyleft" or "viral" effect according to which the license of the original ▇▇▇▇ must be applied to a ▇▇▇▇ Derivative or other software relating to the original ▇▇▇▇. The Contractor shall only use ▇▇▇▇ and ▇▇▇▇ Derivatives in the goods or services in a manner that does not conflict with the digital signature or authenticated vehicle programming techniques of the Principal; and b) the ▇▇▇▇-Licenses of the ▇▇▇▇ do not require that the Principal or other authorized parties provide any authentication information, encryption keys and/or other information concerning the software used in the vehicles. Approved ▇▇▇▇ and ▇▇▇▇ Derivatives must be technically implemented into the goods or services in a manner that allows for them to be quickly and easily removed and replaced by a different product offering the same functions. 3.3 The Contractor must fulfil all obligations relating to the Approved ▇▇▇▇, in particular a) at the Principal's request, disclose and, where necessary, amend its organizational and technical processes with regard to ▇▇▇▇ (e.g. use of tools to detect ▇▇▇▇), b) provide the Principal, no later than the date on which the goods or services are delivered, with the text of the ▇▇▇▇ Licenses, the information to be included in the product documentation and such other components required the Principal needs to create and use an executable version of the Approved ▇▇▇▇, in particular modified build scripts and firmware uploaders, c) to the extent a ▇▇▇▇ license requires that the source code of a ▇▇▇▇ Derivatives must be published, provide the Principal with this source code, and d) acquire and provide, at its own cost, licenses for industrial property rights and/or other third-party rights that are required for the use of the Approved ▇▇▇▇ in order to ensure that the Principal is granted rights of use as set out in the Main Agreement. 3.4 If the Contractor uses several ▇▇▇▇, he shall undertake appropriate measures to ensure the mutual compatibility of the individual ▇▇▇▇ Licenses and their compatibility as a whole with any other software to be developed or used, e.g. by designing and structuring the goods or services accordingly. 3.5 To the extent required by the respective ▇▇▇▇ Licenses or distribution models or if so requested by the Principal, the Contractor shall provide the maintainer of the respective ▇▇▇▇ software project the ▇▇▇▇-Derivatives created by Contractor. This shall always be done in prior consultation with the Principal and only to the extent that the FOSSDerivatives are non-differentiating and are classified as commodities, and if there are no conflicting confidentiality agreements, patents or other legal obstacles. In cases of doubt, the Principal shall decide.

DUTIES OF THE CONTRACTOR. 3.1 The Contractor Company shall fulfil all obligations arising from the use of ▇▇▇▇ Licenses in conjunction with the use, modification modification, and distribution of Approved ▇▇▇▇ and ▇▇▇▇ Derivatives, and in particular those from the ▇▇▇▇ Licenses, Licenses for which Company fulfils the respective obligations for and on behalf of DTNA (see also sec. 10), to the Principal, unless this is not extent permitted under the terms of the respective ▇▇▇▇ License. Any restrictions thereto may only be agreed in the ▇▇▇▇ Disclosure Document. In addition, the Contractor Company shall also enable the Principal DTNA to fulfil all obligations relating to the planned use of the Approved ▇▇▇▇ and ▇▇▇▇ Derivatives and shall provide for ensure strict compliance with the conditions and obligations agreed with the PrincipalDTNA. 3.2 The Contractor Company shall design and structure its goods or and services, in the case of software development developments or modifications also within the software architecture, in accordance with the requirements of the Principal so DTNA such that: a) Software to be any software developed or modified for the Principal DTNA is not impaired by subject to any ▇▇▇▇ or ▇▇▇▇ Derivatives that is used, in particular not with regard to the so-called "copyleft" or "viral" license or effect according under which DTNA is required to which the disclose or license of the original ▇▇▇▇ must be applied to a ▇▇▇▇ Derivative or other software relating to the original ▇▇▇▇. The Contractor shall only use ▇▇▇▇ and ▇▇▇▇ Derivatives in the any material proprietary source code that embodies DTNA intellectual property for any goods or services services, or in a manner that does not conflict with the digital signature requires any goods or authenticated vehicle programming techniques services of the PrincipalDTNA to be made available at no charge; and b) the ▇▇▇▇-Licenses license conditions of the ▇▇▇▇ do not require that the Principal DTNA or other its authorized parties provide any authentication information, encryption keys and/or other information concerning the software used in the vehicles. The technical implementation of the Approved ▇▇▇▇ and ▇▇▇▇ Derivatives must be technically implemented into within the goods or and services in a manner that allows must allow for them to be quickly and easily removed and replaced by a different product offering the same functions. 3.3 The Contractor Company must fulfil all obligations relating to the Approved ▇▇▇▇, and in particular: a) at the Principal's request, disclose and, where necessary, amend its organizational and technical processes with regard to ▇▇▇▇ (e.g. use of tools to detect ▇▇▇▇)) at DTNA's request, b) provide the Principal, no later than the date on which the goods or services are delivered, DTNA Principal with the complete, full and accurate text of the ▇▇▇▇ Licenses, the information to be included in the product documentation and, if modified, the build scripts for the Approved ▇▇▇▇ no later than the date on which the goods and such other components required the Principal needs services are transferred in order to enable DTNA and its authorized parties to create and use an executable version of the Approved ▇▇▇▇, in particular modified build scripts and firmware uploaders, c) to the extent where a ▇▇▇▇ license License requires that the source code text of a ▇▇▇▇ Derivatives must be published, provide the Principal DTNA with this source codetext, and and d) acquire and provide, at its own cost, licenses for industrial property rights and/or other third-party rights that are required relevant for the use of the Approved ▇▇▇▇ in order to ensure that the Principal DTNA is granted the rights of use as set out in the Main Agreement. 3.4 If the Contractor uses several ▇▇▇▇▇ components are to be used, he Company shall undertake appropriate measures to ensure examine the mutual compatibility of the individual ▇▇▇▇ Licenses and their compatibility as a whole with any other software to be developed or used, e.g. including by designing and structuring the goods or and services accordingly. 3.5 To the extent required by the respective ▇▇▇▇ Licenses or distribution models or if so expressly requested by the PrincipalDTNA, the Contractor Company shall provide the maintainer of the respective ▇▇▇▇ software project with modifications to the ▇▇▇▇-Derivatives created by Contractor▇ actively and in good time. This However, this shall always only be done in prior consultation with the Principal DTNA and only to the extent that the FOSSDerivatives these modifications are non-differentiating and are classified as commodities, and if there are no conflicting confidentiality agreements, patents or other legal obstacles. In ; DTNA shall decide on such matters in cases of doubt, the Principal shall decide.

DUTIES OF THE CONTRACTOR. 3.1 The Contractor Company shall fulfil all obligations arising from the use of ▇▇▇▇ Licenses in conjunction with the use, modification modification, and distribution of Approved ▇▇▇▇ and ▇▇▇▇ Derivatives, and in particular those from the ▇▇▇▇ Licenses, Licenses for which Company fulfils the respective obligations for and on behalf of DDC (see also sec. 10), to the Principal, unless this is not extent permitted under the terms of the respective ▇▇▇▇ License. Any restrictions thereto may only be agreed in the ▇▇▇▇ Disclosure Document. In addition, the Contractor Company shall also enable the Principal DDC to fulfil all obligations relating to the planned use of the Approved ▇▇▇▇ and ▇▇▇▇ Derivatives and shall provide for ensure strict compliance with the conditions and obligations agreed with the PrincipalDDC. 3.2 The Contractor Company shall design and structure its goods or and services, in the case of software development developments or modifications also within the software architecture, in accordance with the requirements of the Principal so DDC such that: a) Software to be any software developed or modified for the Principal DDC is not impaired by subject to any ▇▇▇▇ or ▇▇▇▇ Derivatives that is used, in particular not with regard to the so-called "copyleft" or "viral" license or effect according under which DDC is required to which the disclose or license of the original ▇▇▇▇ must be applied to a ▇▇▇▇ Derivative or other software relating to the original ▇▇▇▇. The Contractor shall only use ▇▇▇▇ and ▇▇▇▇ Derivatives in the any material proprietary source code that embodies DDC intellectual property for any goods or services services, or in a manner that does not conflict with the digital signature requires any goods or authenticated vehicle programming techniques services of the PrincipalDDC to be made available at no charge; and b) the ▇▇▇▇-Licenses license conditions of the ▇▇▇▇ do not require that the Principal DDC or other its authorized parties provide any authentication information, encryption keys and/or other information concerning the software used in the vehicles. The technical implementation of the Approved ▇▇▇▇ and ▇▇▇▇ Derivatives must be technically implemented into within the goods or and services in a manner that allows must allow for them to be quickly and easily removed and replaced by a different product offering the same functions. 3.3 The Contractor Company must fulfil all obligations relating to the Approved ▇▇▇▇, and in particular: a) at the Principal's request, disclose and, where necessary, amend its organizational and technical processes with regard to ▇▇▇▇ (e.g. use of tools to detect ▇▇▇▇)) at DDC's request, b) provide the Principal, no later than the date on which the goods or services are delivered, DDC Principal with the complete, full and accurate text of the ▇▇▇▇ Licenses, the information to be included in the product documentation and, if modified, the build scripts for the Approved ▇▇▇▇ no later than the date on which the goods and such other components required the Principal needs services are transferred in order to enable DDC and its authorized parties to create and use an executable version of the Approved ▇▇▇▇, in particular modified build scripts and firmware uploaders, c) to the extent where a ▇▇▇▇ license License requires that the source code text of a ▇▇▇▇ Derivatives must be published, provide the Principal DDC with this source codetext, and and d) acquire and provide, at its own cost, licenses for industrial property rights and/or other third-party rights that are required relevant for the use of the Approved ▇▇▇▇ in order to ensure that the Principal DDC is granted the rights of use as set out in the Main Agreement. 3.4 If the Contractor uses several ▇▇▇▇▇ components are to be used, he Company shall undertake appropriate measures to ensure examine the mutual compatibility of the individual ▇▇▇▇ Licenses and their compatibility as a whole with any other software to be developed or used, e.g. including by designing and structuring the goods or and services accordingly. 3.5 To the extent required by the respective ▇▇▇▇ Licenses or distribution models or if so expressly requested by the PrincipalDDC, the Contractor Company shall provide the maintainer of the respective ▇▇▇▇ software project with modifications to the ▇▇▇▇-Derivatives created by Contractor▇ actively and in good time. This However, this shall always only be done in prior consultation with the Principal DDC and only to the extent that the FOSSDerivatives these modifications are non-differentiating and are classified as commodities, and if there are no conflicting confidentiality agreements, patents or other legal obstacles. In ; DDC shall decide on such matters in cases of doubt, the Principal shall decide.

DUTIES OF THE CONTRACTOR. 3.1 The Contractor shall fulfil all obligations arising from the use of ▇▇▇▇ in conjunction with the use, modification and distribution of Approved ▇▇▇▇ and ▇▇▇▇ Derivatives, in particular those from the ▇▇▇▇ Licenses, for and on behalf of the Principal, unless this is not permitted under the terms of the respective ▇▇▇▇ License. Any restrictions thereto may only be agreed in the ▇▇▇▇ Disclosure Document. In addition, the Contractor shall enable the Principal to fulfil all obligations relating to the use of the Approved ▇▇▇▇ and ▇▇▇▇ Derivatives and shall provide for strict compliance with the conditions and obligations agreed with the Principal. 3.2 The Contractor shall design and structure its goods or services, in the case of software development or modifications also within the software architecture, in accordance with the requirements of the Principal so that a) Software to be developed or modified for the Principal is not impaired by any ▇▇▇▇ or ▇▇▇▇ Derivatives that is used, in particular not with regard to the so-called "copyleft" or "viral" effect according to which the license of the original ▇▇▇▇ must be applied to a ▇▇▇▇ Derivative or other software relating to the original ▇▇▇▇. The Contractor shall only use ▇▇▇▇ and ▇▇▇▇ Derivatives in the goods or services in a manner that does not conflict with the digital signature or authenticated vehicle programming techniques of the Principal; and b) the ▇▇▇▇-Licenses of the ▇▇▇▇ do not require that the Principal or other authorized parties provide any authentication information, encryption keys and/or other information concerning the software used in the vehicles. Approved ▇▇▇▇ and ▇▇▇▇ Derivatives must be technically implemented into the goods or services in a manner that allows for them to be quickly and easily removed and replaced by a different product offering the same functions. 3.3 The Contractor must fulfil all obligations relating to the Approved ▇▇▇▇, in particular a) at the Principal's request, disclose and, where necessary, amend its organizational and technical processes with regard to ▇▇▇▇ (e.g. use of tools to detect ▇▇▇▇), b) provide the Principal, no later than the date on which the goods or services are delivered, with the text of the ▇▇▇▇ Licenses, the information to be included in the product documentation and such other components required the Principal needs to create and use an executable version of the Approved ▇▇▇▇, in particular modified build scripts and firmware uploaders, c) to the extent a ▇▇▇▇ license requires that the source code of a ▇▇▇▇ Derivatives must be published, provide the Principal with this source code, and d) acquire and provide, at its own cost, licenses for industrial property rights and/or other third-party rights that are required for the use of the Approved ▇▇▇▇ in order to ensure that the Principal is granted rights of use as set out in the Main Agreement. 3.4 If the Contractor uses several ▇▇▇▇, he shall undertake appropriate measures to ensure the mutual compatibility of the individual ▇▇▇▇ Licenses and their compatibility as a whole with any other software to be developed or used, e.g. by designing and structuring the goods or services accordingly. 3.5 To the extent required by the respective ▇▇▇▇ Licenses or distribution models or if so requested by the Principal, the Contractor shall provide the maintainer of the respective ▇▇▇▇ software project the ▇▇▇▇-Derivatives created by Contractor. This shall always be done in prior consultation with the Principal and only to the extent that the FOSSDerivatives are non-non- differentiating and are classified as commodities, and if there are no conflicting confidentiality agreements, patents or other legal obstacles. In cases of doubt, the Principal shall decide.

DUTIES OF THE CONTRACTOR. 3.1 The Contractor shall fulfil all obligations arising from the use of ▇▇▇▇ in conjunction with the use, modification and distribution of Approved ▇▇▇▇ and ▇▇▇▇ Derivatives, in particular those from the ▇▇▇▇ Licenses, for and on behalf of the PrincipalMFTBC, unless this is not permitted under the terms of the respective ▇▇▇▇ License. Any restrictions thereto may only be agreed in the ▇▇▇▇ Disclosure Document. In addition, the Contractor shall enable the Principal MFTBC to fulfil all obligations relating to the use of the Approved ▇▇▇▇ and ▇▇▇▇ Derivatives and shall provide for strict compliance with the conditions and obligations agreed with the Principal.MFTBC 3.2 The Contractor shall design and structure its goods or services, in the case of software development or modifications also modificationsalso within the software architecture, in accordance with the requirements of the Principal MFTBC so that a) Software to be developed or modified for the Principal MFTBC is not impaired by any ▇▇▇▇ or ▇▇▇▇ Derivatives that is used, in particular not with regard to the so-called "copyleft" or "viral" effect according to which the license of the original ▇▇▇▇ must be applied to a ▇▇▇▇ Derivative or other software relating to the original ▇▇▇▇. The Contractor shall only use ▇▇▇▇ and ▇▇▇▇ Derivatives in the goods or services in a manner that does not conflict with the digital signature or authenticated vehicle programming techniques of the PrincipalMFTBC; and b) the ▇▇▇▇-Licenses of the ▇▇▇▇ do not require that the Principal MFTBC or other authorized parties provide any authentication information, encryption keys and/or other information concerning the software used in the vehicles. Approved ▇▇▇▇ and ▇▇▇▇ Derivatives must be technically implemented into the goods or services in a manner that allows for them to be quickly and easily removed and replaced by a different product offering the same functions. 3.3 The Contractor must fulfil all obligations relating to the Approved ▇▇▇▇, in particular a) at the PrincipalMFTBC's request, disclose and, where necessary, amend its organizational and technical processes with regard to ▇▇▇▇ (e.g. use of tools to detect ▇▇▇▇), b) provide the PrincipalMFTBC, no later than the date on which the goods or services are delivered, with the text of the ▇▇▇▇ Licenses, the information to be included in the product documentation and such other components required the Principal MFTBC needs to create and use an executable version of the Approved ▇▇▇▇, in particular modified build scripts and firmware uploaders, c) to the extent a ▇▇▇▇ license requires that the source code of a ▇▇▇▇ Derivatives must be published, provide the Principal MFTBC with this source code, and and d) acquire and provide, at its own cost, licenses for industrial property rights and/or other third-party rights that are required for the use of the Approved ▇▇▇▇ in order to ensure that the Principal MFTBC is granted rights of use as set out in the Main Agreement. 3.4 If the Contractor uses several ▇▇▇▇, he shall undertake appropriate measures to ensure the mutual compatibility of the individual ▇▇▇▇ Licenses and their compatibility as a whole with any other software to be developed or used, e.g. by designing and structuring the goods or services accordingly. 3.5 To the extent required by the respective ▇▇▇▇ Licenses or distribution models or if so requested by the PrincipalMFTBC, the Contractor shall provide the maintainer of the respective ▇▇▇▇ software project the ▇▇▇▇-Derivatives ▇ Derivatives created by Contractor. This shall always be done in prior consultation with the Principal MFTBC and only to the extent that the FOSSDerivatives ▇▇▇▇ Derivatives are non-non- differentiating and are classified as commodities, and if there are no conflicting confidentiality agreements, patents or other legal obstacles. In cases of doubt, the Principal MFTBC shall decide.