Common use of - Interoperability: use within the European Union Clause in Contracts

- Interoperability: use within the European Union. Should Licensee use the Software Product within the European Union, the following dispositions apply: Should Licensee wish to have the Software Product interoperate with a Third Party Product, Licensee will first inform Licensor or Licensor local representation of its intent. Licensor may then decide to either communicate the required interface information or make a commercial proposal to pursue any development in order to achieve interoperability; the latter includes improvement of the Software Product or writing of an intermediate program. If Licensee rejects Licensor’s commercial proposal, Licensor will then, without requesting further justification, provide Licensee with the required interface information under the strict conditions of a Non-Disclosure Agreement prepared by Licensor and signed prior to any communication, for the sole purpose of achieving the desired interoperability. Pursuant to the latter case, should Licensor perform subsequent modifications to the Software Product to allow it to interoperate with the concerned Third Party Product, Licensor will provide Licensee with the new version, which Licensee will be obligated to use, in order to facilitate maintenance. All fees related to the new version shall depend on the origin of the modifications: o if requested by Licensee, Licensee shall pay the fees for specific developments performed and associated maintenance; o if originating from Licensor’s development roadmap, Licensee shall only pay the fees for renewal of its licenses so as to obtain the new release.

- Interoperability: use within the European Union. ‌ Should Licensee use the Software Product within the European Union, the following dispositions apply: Should Licensee wish to have the Software Product interoperate with a Third Party Product, Licensee will first inform Licensor or Licensor local representation of its intent. Licensor may then decide to either communicate the required interface information or make a commercial proposal to pursue any development in order to achieve interoperability; the latter includes improvement of the Software Product or writing of an intermediate program. If Licensee rejects Licensor’s commercial proposal, Licensor will then, without requesting further justification, provide Licensee with the required interface information under the strict conditions of a Non-Disclosure Agreement prepared by Licensor and signed prior to any communication, for the sole purpose of achieving the desired interoperability. Pursuant to the latter case, should Licensor perform subsequent modifications to the Software Product to allow it to interoperate with the concerned Third Party Product, Licensor will provide Licensee with the new version, which Licensee will be obligated to use, in order to facilitate maintenance. All fees related to the new version shall depend on the origin of the modifications: o if requested by Licensee, Licensee shall pay the fees for specific developments performed and associated maintenance; o if originating from Licensor’s development roadmap, Licensee shall only pay the fees for renewal of its licenses so as to obtain the new release.