Common use of FIS Third Party Software Clause in Contracts

FIS Third Party Software. All software and related documentation licensed or leased from a third party by FIS which will be used in connection with the Services (collectively, "FIS Third Party Software" and, together with the FIS Proprietary Software, the "FIS Software") will be and will remain the exclusive property of such third party licensors and FNT will have no rights or interests in the FIS Third Party Software except as described in this Section 9.4. FNT shall not decompile or reverse engineer the FIS Third Party Software. FIS will, during the Term (i) use such FIS Third Party Software, and such other software as FIS shall determine is necessary to provide the Services subject to the Change Control Procedures, and (ii) provide that FNT acquires such rights to use the FIS Third Party Software as are necessary in connection with the provision of the Services. Any license fees or other expenses reasonably incurred by FIS in providing the rights described in this Section 9.4 and related to FIS Third Party Software as a Pass-Through Expense shall be paid by FNT as a Pass-Through Expense. Except as otherwise provided herein, upon expiration of this Agreement or termination of this Agreement for any reason, FIS shall, (A) at the request of FNT, make reasonable efforts to either transfer and assign to FNT (or FNT's designee) the licenses for the FIS Third Party Software then being used in connection with the performance of the Services or obtain for FNT or FNT's designee a sublicense to use such FIS Third Party Software, to the extent FNT does not already have such rights and (B) to the extent permitted under the terms of the applicable license agreement, deliver to FNT a copy of such FIS Third Party Software in the form then in use by FIS in connection with the Services along with related documentation. FIS will make reasonable efforts to give FNT prior notice of any transfer fees which FNT must pay to affect the transfer of any FIS Third Party Software to FNT. FIS will make reasonable efforts to obtain for FNT a royalty free, perpetual, worldwide, non-exclusive license to use the FIS Third Party Software along with related documentation. Any fees or other expenses reasonably incurred by FIS in obtaining such licenses shall be paid by FNT as a Pass-Through Expense. FIS Software and FNT Software are collectively referred to as "Designated Software".

FIS Third Party Software. All software and related documentation licensed or leased from a third party by FIS which will be used in connection with the Services (collectively, "FIS Third Party Software" and, together with the FIS Proprietary Software, the "FIS Software") will be and will remain the exclusive property of such third party licensors and FNT FNF will have no rights or interests in the FIS Third Party Software except as described in this Section 9.4. FNT FNF shall not decompile or reverse engineer the FIS Third Party Software. FIS will, during the Term (i) use such FIS Third Party Software, and such other software as FIS shall determine is necessary to provide the Services subject to the Change Control Procedures, and (ii) provide that FNT FNF acquires such rights to use the FIS Third Party Software as are necessary in connection with the provision of the Services. Any license fees or other expenses reasonably incurred by FIS in providing the rights described in this Section 9.4 and related to FIS Third Party Software as a Pass-Through Expense shall be paid by FNT FNF as a Pass-Through Expense. Except as otherwise provided herein, upon expiration of this Agreement or termination of this Agreement for any reason, FIS shall, (A) at the request of FNTFNF, make reasonable efforts to either transfer and assign to FNT FNF (or FNTFNF's designee) the licenses for the FIS Third Party Software then being used in connection with the performance of the Services or obtain for FNT FNF or FNTFNF's designee a sublicense to use such FIS Third Party Software, to the extent FNT FNF does not already have such rights and (B) to the extent permitted under the terms of the applicable license agreement, deliver to FNT FNF a copy of such FIS Third Party Software in the form then in use by FIS in connection with the Services along with related documentation. FIS will make reasonable efforts to give FNT FNF prior notice of any transfer fees which FNT FNF must pay to affect the transfer of any FIS Third Party Software to FNTFNF. FIS will make reasonable efforts to obtain for FNT FNF a royalty free, perpetual, worldwide, non-exclusive nonexclusive license to use the FIS Third Party Software along with related documentation. Any fees or other expenses reasonably incurred by FIS in obtaining such licenses shall be paid by FNT FNF as a Pass-Through Expense. FIS Software and FNT FNF Software are collectively referred to as "Designated Software".. Master Services Agreement

FIS Third Party Software. All software and related documentation licensed or leased from a third party by FIS which will be used in connection with the Services (collectively, "“FIS Third Party Software" ” and, together with the FIS Proprietary Software, the "“FIS Software"”) will be and will remain the exclusive property of such third party licensors and FNT will have no rights or interests in the FIS Third Party Software except as described in this Section 9.4. FNT shall not decompile or reverse engineer the FIS Third Party Software. FIS will, during the Term (i) use such FIS Third Party Software, and such other software as FIS shall determine is necessary to provide the Services subject to the Change Control Procedures, and (ii) provide that FNT acquires such rights to use the FIS Third Party Software as are necessary in connection with the provision of the Services. Any license fees or other expenses reasonably incurred by FIS in providing the rights described in this Section 9.4 and related to FIS Third Party Software as a Pass-Through Expense shall be paid by FNT as a Pass-Through Expense. Except as otherwise provided herein, upon expiration of this Agreement or termination of this Agreement for any reason, FIS shall, (A) at the request of FNT, make reasonable efforts to either transfer and assign to FNT (or FNT's ’s designee) the licenses for the FIS Third Party Software then being used in connection with the performance of the Services or obtain for FNT or FNT's ’s designee a sublicense to use such FIS Third Party Software, to the extent FNT does not already have such rights and (B) to the extent permitted under the terms of the applicable license agreement, deliver to FNT a copy of such FIS Third Party Software in the form then in use by FIS in connection with the Services along with related documentation. FIS will make reasonable efforts to give FNT prior notice of any transfer fees which FNT must pay to affect the transfer of any FIS Third Party Software to FNT. FIS will make reasonable efforts to obtain for FNT a royalty free, perpetual, worldwide, non-exclusive license to use the FIS Third Party Software along with related documentation. Any fees or other expenses reasonably incurred by FIS in obtaining such licenses shall be paid by FNT as a Pass-Through Expense. FIS Software and FNT Software are collectively referred to as "“Designated Software"”.