Common use of License Terms Clause in Contracts

License Terms. FAST grants to the Customer a perpetual (except as otherwise provided herein), non-exclusive, non-transferable and non-sublicensable license (“License”) to use the Licensed Software within the limits for source data volume and queries per second set forth in the Order Form and Schedule A, in object code or other machine executable format and the Documentation during the Term and according to the terms and conditions set out herein. Customer may copy the Licensed Software for back-up or archival purposes, provided that any copy contains all of the original Licensed Software’s proprietary notices. Customer may not: (i) permit other entities or individuals to use the Licensed Software except under the terms listed herein, (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction and provided that Customer has first requested from FAST the tools necessary to create interoperable programs), or create derivative works based on the Licensed Software, (iii) copy the Licensed Software (except as specified herein), (iv) export, directly or indirectly, the Licensed Software to any person or entity outside the United States in violation of applicable U.S. export laws, (v) sell, rent, lease, or otherwise transfer rights to the Licensed Software, (vi) remove any proprietary notices or labels on the Licensed Software, (vii) separate, remove or replace any components of the Licensed Software provided by third parties (“Component Software”): use any Component Software independently of the Licensed Software; or use the Licensed Software without the Component Software. If Customer has purchased a Developer’s license (as indicated on the Order Form) Customer may use one copy of the licensed software and the Software Developer’s Kit to develop and test custom enhancements. This also includes support for developers in accordance with Schedule B-1 for so long as the customer is subscribing to Maintenance and Support hereunder. If Customer has purchased a non-production non-development license (as indicated on the Order Form), Customer may use one copy of the licensed software for quality assurance, testing or hot-standby use.

License Terms. FAST grants to the Customer a perpetual (except as otherwise provided herein), non-exclusive, non-transferable and non-sublicensable (except as provided herein) license (“License”) to use (i) the Licensed Software within the limits for source data volume with any applications and queries per second set forth in the Order Form platforms elected by Customer and Schedule Asupported by FAST, including, but not limited to algorithmic search, relevance automation, broad match linguistics, 3 contextual placement solution, domain park URL parsing, in object code or other machine executable format and to distribute algorithmic search results derived from such use at Customer’s discretion and (ii) the Documentation Documentation, each during the Term and according to the terms and conditions set out herein. Customer may copy grant sublicenses to use the Licensed Software and Documentation to any of its Affiliates that are connected by stock ownership to a common parent corporation, if 80% or more of the voting power of the stock of such Affiliate is beneficially owned by the common parent corporation, provided that the sublicense of any such Affiliate shall terminate in the event that the Affiliate no longer meets the foregoing criterion. Customer may make reasonable numbers of copies of the Licensed Software to run on servers of Customer and its sublicensed Affiliates, wherever located, and for quality assurance, testing, hot-standby, back-up or archival purposes, provided that any copy contains all of the original Licensed Software’s proprietary notices. Customer may not: (i) permit other entities or individuals to use the Licensed Software except under the terms listed herein, (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction and provided that Customer has first requested from FAST the tools necessary to create interoperable programs), or create derivative works based on the Licensed Software, (iii) copy the Licensed Software (except as specified herein), (iv) export, directly or indirectly, the Licensed Software to any person or entity outside the United States in violation of applicable U.S. export laws, (v) sell, rent, lease, or otherwise transfer rights to the Licensed Software, (vi) remove any proprietary notices or labels on the Licensed Software, (vii) separate, remove or replace any components of the Licensed Software provided by third parties (“Component Software”): ); use any Component Software independently of the Licensed Software; or use the Licensed Software without the Component Software. If Customer has purchased a Developer’s license (as indicated Notwithstanding the foregoing restrictions on the Order Form) use, Customer may use one copy two copies of the licensed software Licensed Software and the Software Developer’s Kit included therewith to develop and test custom enhancementsmodifications and enhancements to the Licensed Software, and may use and sublicense such enhancements (e.g., connectors and applications) to the same extent as the Licensed Software. This also includes support for developers in accordance with Schedule B-1 for so long as the customer is subscribing to Maintenance and Support hereunder. If Customer may request additional copies for development purposes, and FAST shall provide Customer with such copies unless FAST has purchased good reason not to do so. The parties agree that it is not the intent of the parties that Customer create any derivative works from the Licensed Software and that the creation of applications and connectors (“Customer Works”) by Customer, whether alone or with FAST input, in connection with interfaces between the Licensed Software and other Customer products, shall not be deemed to be derivative works hereunder, but shall be owned by Customer. Notwithstanding anything to the contrary herein, FAST further grants to Customer a non-production non-development license to use the Escrow Materials (as indicated on defined below) delivered pursuant to a certain Master Preferred Escrow Agreement, dated December 13, 2001, by and among DSI Technology Escrow Services, Inc. (the Order Form“Escrow Agent”) and FAST (the “Escrow Agreement”), Customer may use one copy attached hereto as Schedule F to make modifications and create derivative works of the licensed Escrow Materials for the sole purpose of continuing the benefits afforded to Customer under this Agreement. FAST represents and warrants that the escrowed source code shall include all then-current source code for all Licensed Software except the Component Software, together with all documentation as would be necessary to enable a reasonably skilled programmer to maintain such software and descriptions of all compilers, assemblers, and other computer programs and related documentation and other materials that are necessary or useful to use, modify, and prepare derivative works from such source code (collectively, the “Escrow Materials”). So long as Customer is subscribing to Maintenance and Support, FAST will promptly update such escrowed source code and other materials with all source code and other materials for quality assuranceUpdates and Upgrades, testing and any patches or hot-standby usebug fixes, all of which shall be deemed to be a part of the Escrow Materials. On or before the execution of this Agreement, Customer, FAST and the Escrow Agent will enter into a Preferred Beneficiary Acceptance Form, in the form FAST Company Confidential attached hereto as Schedule F-1, and upon such execution Customer shall become a party to the Escrow Agreement, which shall become a part of this Agreement. If the Escrow Agreement is terminated, then Customer and FAST will promptly enter another escrow agreement that is materially similar to the Escrow Agreement for the purpose of continuing the benefits afforded to Customer under this Agreement. Upon any release of the source code to Customer pursuant to the Escrow Agreement, FAST will refund to Customer a portion of any prepaid Maintenance and Support fees for the balance of the then current Maintenance and Support term, prorated on a monthly basis.

License Terms. FAST This Software License and Support Agreement (this “Agreement”) forms the terms and conditions to which the parties have agreed for the licensing of the Licensed Product(s). This Agreement contemplates the current and/or future execution by the parties of one or more Order Confirmation Form(s), which shall be attached hereto and incorporated herein by reference. Each Order Confirmation Form shall be considered a separate license conferring upon Customer permission to use the Licensed Product(s) as specified therein. Centerity shall be under no obligation to issue or accept any Order Confirmation Form under this Agreement. No Licensed Product(s) shall be furnished to Customer solely by virtue of this Agreement but shall require the issuance of an Order Confirmation Form. Centerity grants to the Customer a perpetual (except as otherwise provided herein)personal, non-exclusive, non-transferable and non-sublicensable license (“License”) to use the each Licensed Software within the limits for source data volume and queries per second set forth Product(s) described in the a fully executed Order Form and Schedule A, in object code or other machine executable format and the Documentation during the Term and according to the terms and conditions set out hereinConfirmation Form. Customer may copy the Licensed Software Product(s) for back-up or archival purposes, provided that any copy contains all of the original Licensed Software’s Product(s) proprietary notices. Customer may not: (i) permit other entities or individuals to use the Licensed Software Product(s) except under the terms listed hereinherein or in the Order Confirmation Form(s), (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction and provided that Customer has first requested from FAST the tools necessary to create interoperable programs)disassemble, or create derivative works based on the Licensed SoftwareProduct(s), (iii) copy the Licensed Software Product(s) (except as specified hereinherein or in the Order Confirmation Form(s)), (iv) export or re-export, directly or indirectly, the Licensed Software to any person or entity outside Product(s) without the United States in violation of applicable U.S. export lawsappropriate foreign government license(s), (v) sell, rent, lease, or otherwise transfer rights to the Licensed SoftwareProduct(s), or (vi) remove any proprietary notices or labels on the Licensed SoftwareProduct(s). To the extent that Centerity provides Customer third parties’ software components and Open Source software components, (vii) separatethey shall be governed by the respective license that accompanies such third party or open source software, remove or replace any components and not this Agreement. A list of the Licensed Software Open source software components, which may be provided by third parties (“Component Software”): use any Component Software independently of the Licensed Software; or Centerity is provided on Xxxx://xxx.xxxxxxxxx.xxx. Customer is granted a nonexclusive license to use the Licensed Software without the Component Software. If Customer has purchased a Developer’s license (Product(s) as indicated designated on the Order Confirmation Form) Customer may use one copy of the licensed software , for Customer’s internal business purposes only and the Software Developer’s Kit to develop and test custom enhancements. This also includes support not for developers hosted service resale unless specifically approved in accordance with Schedule B-1 for so long as the customer is subscribing to Maintenance and Support hereunder. If Customer has purchased a non-production non-development license (as indicated on the Order Form), Customer may use one copy of the licensed software for quality assurance, testing or hot-standby usewriting by Centerity.

License Terms. FAST ACME grants to the Customer a perpetual (except as otherwise provided herein), non-non- exclusive, non-transferable and non-non- sublicensable license (“License”) to use the Licensed Software within the limits for source data volume and queries per second set forth in the Order Form and Schedule A, in object code or other machine executable format and the Documentation during the Term and according to the terms and conditions set out herein. Customer may copy the Licensed Software for back-up or archival purposes, provided that any copy contains all of the original Licensed Software’s 's proprietary notices. Customer may not: (i) permit other entities or individuals to use the Licensed Software except under the terms listed herein, (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction and provided that Customer has first requested from FAST ACME the tools necessary to create interoperable programs), or create derivative works based on the Licensed Software, (iii) copy the Licensed Software (except as specified herein), (iv) export, directly or indirectly, the Licensed Software to any person or entity outside the United States in violation of applicable U.S. export laws, (v) sell, rent, lease, or otherwise transfer rights to the Licensed Software, (vi) remove any proprietary notices or labels on the Licensed Software, (vii) separate, remove or replace any components of the Licensed Software provided by third parties (“Component Software”): ); use any Component Software independently of the Licensed Software; or use the Licensed Software without the Component Software. If Customer has purchased a Developer’s license (as indicated on the Order Form) Customer may use one copy of the licensed software and the Software Developer’s Kit to develop and test custom enhancements. This also includes support for developers in accordance with Schedule B-1 for so long as the customer is subscribing to Maintenance and Support hereunder. If Customer has purchased a non-production non-development license (as indicated on the Order Form), Customer may use one copy of the licensed software for quality assurance, testing or hot-standby use.