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 XXXX in conjunction with the use, modification and distribution of Approved XXXX and XXXX Derivatives, in particular those from the XXXX Licenses, for and on behalf of the Principal, unless this is not permitted under the terms of the respective XXXX License. Any restrictions thereto may only be agreed in the XXXX Disclosure Document. In addition, the Contractor shall enable the Principal to fulfil all obligations relating to the use of the Approved XXXX and XXXX 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 XXXX or XXXX 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 XXXX must be applied to a XXXX Derivative or other software relating to the original XXXX. The Contractor shall only use XXXX and XXXX 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 XXXX-Licenses of the XXXX 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 XXXX and XXXX 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 XXXX, in particular a) at the Principal's request, disclose and, where necessary, amend its organizational and technical processes with regard to XXXX (e.g. use of tools to detect XXXX), b) provide the Principal, no later than the date on which the goods or services are delivered, with the text of the XXXX 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 XXXX, in particular modified build scripts and firmware uploaders, c) to the extent a XXXX license requires that the source code of a XXXX 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 XXXX 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 XXXX, he shall undertake appropriate measures to ensure the mutual compatibility of the individual XXXX 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 XXXX Licenses or distribution models or if so requested by the Principal, the Contractor shall provide the maintainer of the respective XXXX software project the XXXX-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 XXXX Licenses in conjunction with the use, modification modification, and distribution of Approved XXXX and XXXX Derivatives, and in particular those from XXXX Licenses for which Company fulfils the XXXX Licenses, 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 XXXX License. Any restrictions thereto may only be agreed in the XXXX 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 XXXX and XXXX 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 XXXX or XXXX 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 XXXX must be applied to a XXXX Derivative or other software relating to the original XXXX. The Contractor shall only use XXXX and XXXX 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 XXXX-Licenses license conditions of the XXXX 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 XXXX and XXXX 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 XXXX, and in particular: a) at the Principal's request, disclose and, where necessary, amend its organizational and technical processes with regard to XXXX (e.g. use of tools to detect XXXX)) 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 XXXX Licenses, the information to be included in the product documentation and, if modified, the build scripts for the Approved XXXX 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 XXXX, in particular modified build scripts and firmware uploaders, c) to the extent where a XXXX license License requires that the source code text of a XXXX 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 XXXX 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 XXXXXXXX components are to be used, he Company shall undertake appropriate measures to ensure examine the mutual compatibility of the individual XXXX 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 XXXX Licenses or distribution models or if so expressly requested by the PrincipalDTNA, the Contractor Company shall provide the maintainer of the respective XXXX software project with modifications to the XXXX-Derivatives created by ContractorXXXX 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 shall fulfil all obligations arising from the use of XXXX in conjunction with the use, modification and distribution of Approved XXXX and XXXX Derivatives, in particular those from the XXXX Licenses, for and on behalf of the Principal, unless this is not permitted under the terms of the respective XXXX License. Any restrictions thereto may only be agreed in the XXXX Disclosure Document. In addition, the Contractor shall enable the Principal to fulfil all obligations relating to the use of the Approved XXXX and XXXX 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 XXXX or XXXX 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 XXXX must be applied to a XXXX Derivative or other software relating to the original XXXX. The Contractor shall only use XXXX and XXXX 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 XXXX-Licenses of the XXXX 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 XXXX and XXXX 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 XXXX, in particular a) at the Principal's request, disclose and, where necessary, amend its organizational and technical processes with regard to XXXX (e.g. use of tools to detect XXXX), b) provide the Principal, no later than the date on which the goods or services are delivered, with the text of the XXXX 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 XXXX, in particular modified build scripts and firmware uploaders, c) to the extent a XXXX license requires that the source code of a XXXX 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 XXXX 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 XXXX, he shall undertake appropriate measures to ensure the mutual compatibility of the individual XXXX 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 XXXX Licenses or distribution models or if so requested by the Principal, the Contractor shall provide the maintainer of the respective XXXX software project the XXXX-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 Company shall fulfil all obligations arising from the use of XXXX Licenses in conjunction with the use, modification modification, and distribution of Approved XXXX and XXXX Derivatives, and in particular those from XXXX Licenses for which Company fulfils the XXXX Licenses, 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 XXXX License. Any restrictions thereto may only be agreed in the XXXX 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 XXXX and XXXX 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 XXXX or XXXX 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 XXXX must be applied to a XXXX Derivative or other software relating to the original XXXX. The Contractor shall only use XXXX and XXXX 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 XXXX-Licenses license conditions of the XXXX 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 XXXX and XXXX 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 XXXX, and in particular: a) at the Principal's request, disclose and, where necessary, amend its organizational and technical processes with regard to XXXX (e.g. use of tools to detect XXXX)) 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 XXXX Licenses, the information to be included in the product documentation and, if modified, the build scripts for the Approved XXXX 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 XXXX, in particular modified build scripts and firmware uploaders, c) to the extent where a XXXX license License requires that the source code text of a XXXX 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 XXXX 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 XXXXXXXX components are to be used, he Company shall undertake appropriate measures to ensure examine the mutual compatibility of the individual XXXX 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 XXXX Licenses or distribution models or if so expressly requested by the PrincipalDDC, the Contractor Company shall provide the maintainer of the respective XXXX software project with modifications to the XXXX-Derivatives created by ContractorXXXX 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 XXXX in conjunction with the use, modification and distribution of Approved XXXX and XXXX Derivatives, in particular those from the XXXX Licenses, for and on behalf of the PrincipalMFTBC, unless this is not permitted under the terms of the respective XXXX License. Any restrictions thereto may only be agreed in the XXXX Disclosure Document. In addition, the Contractor shall enable the Principal MFTBC to fulfil all obligations relating to the use of the Approved XXXX and XXXX 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 XXXX or XXXX 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 XXXX must be applied to a XXXX Derivative or other software relating to the original XXXX. The Contractor shall only use XXXX and XXXX 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 XXXX-Licenses of the XXXX 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 XXXX and XXXX 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 XXXX, in particular a) at the PrincipalMFTBC's request, disclose and, where necessary, amend its organizational and technical processes with regard to XXXX (e.g. use of tools to detect XXXX), b) provide the PrincipalMFTBC, no later than the date on which the goods or services are delivered, with the text of the XXXX 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 XXXX, in particular modified build scripts and firmware uploaders, c) to the extent a XXXX license requires that the source code of a XXXX 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 XXXX 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 XXXX, he shall undertake appropriate measures to ensure the mutual compatibility of the individual XXXX 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 XXXX Licenses or distribution models or if so requested by the PrincipalMFTBC, the Contractor shall provide the maintainer of the respective XXXX software project the XXXX-XXXX Derivatives created by Contractor. This shall always be done in prior consultation with the Principal MFTBC and only to the extent that the FOSSDerivatives XXXX 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.