Common use of License Clause in Contracts

License. 1. Use rights for the Software that Open Ecosystem Partner ordered via a Distributor from SAP for a specific End User will be granted directly by SAP to the End User via the XXXX Acceptance Form, the XXXX and the SUR. 2. Open Ecosystem Partner must inform the End User of and include express provisions in its agreement with the End User stating that: a) the use of the Software is subject to the terms and conditions of the XXXX Acceptance Form, the XXXX and the SUR; b) SAP will neither deliver any Software nor the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP has the right not to grant a license as long as any of the adverse conditions as set out in this Article 5 (License) no. 4 to 6 is present. 3. Open Ecosystem Partner must ensure that: a) each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SUR. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content of the XXXX Acceptance Form, the XXXX or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 6. SAP's obligation to grant license rights to an End User is suspended where and for as long as certain adverse conditions are present as provided for in Article 5 (SAP’s obligation to deliver) of Part 1 of the Open Ecosystem GTCS.

License. 1. Use rights for the Software that Open Ecosystem Partner ordered via a Distributor orders from SAP for a specific End User will be granted directly by SAP to the End User via the XXXX Acceptance Form, the XXXX and the SUR. 2. Open Ecosystem Partner When Distributor submits a Software order, Distributor must inform the End User of and include express provisions in its agreement with the End User stating that: a) the use of the Software is subject to the terms and conditions also submit a copy of the XXXX Acceptance FormForm signed by the End User for whom the Software is ordered. SAP will provide the electronic means to attach, upload or otherwise submit a signed copy of the XXXX and Acceptance Form together with the SUR; b) order in the order process. If required in the country of the relevant End User, SAP will neither deliver any Software nor provide an address to which an originally signed copy of the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP has Form by the right not to grant a license as long as any of the adverse conditions as set out in this Article 5 (License) no. 4 to 6 is presentEnd User must be send. 3. Open Ecosystem Partner must ensure that: a) each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner Distributor is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SURSUR but may have to insert certain additionally required information into the XXXX Acceptance Form. Open Ecosystem Partner Distributor must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 54. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content of the XXXX Acceptance Form, the XXXX or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner Distributor will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 65. SAP's obligation to grant license rights to an End User is suspended where and for as long as certain adverse conditions are present as provided for in Article 5 (SAP’s obligation to deliver) of Part 1 of the Open Ecosystem Distribution GTCS.

License. 1. Use rights for the Software that Open Ecosystem Partner ordered ordera via a Distributor from SAP for a specific End User will be granted directly by from SAP to Distributor on the basis of an End User specific agreed order and then granted by Distributor to Open Ecosystem Partner on the basis of an individual license agreement (“Indirect Partner License”) and from the Open Ecosystem Partner to the End User on the basis of an individual license agreement (“Indirect End User License”), as further described in this Article 5. In addition to that, XXX enters into a direct contractual relationship with the End User via the XXXX Acceptance Form, and the XXXX and referenced therein as described in the SURsubsections 2 to 6 below. 2. Open Ecosystem Partner must inform the End User of and include express provisions in its agreement with the End User stating that: a) the use of the Software is subject to the terms and conditions of the Indirect End User License and that with regard to the use of the Software End User must also adhere to the stipulations of the XXXX Acceptance Form, Form and the XXXX and the SURreferenced therein; b) SAP will neither deliver any Software nor the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP has the right not to grant a license enter into the XXXX Acceptance Form agreement with an End User as long as any of the adverse conditions as set out in this Article 5 (License) no. 4 to 6 is present. 3. Open Ecosystem Partner must ensure that: a) each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SUR. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content of the XXXX Acceptance Form, the XXXX or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 6. SAP's obligation to grant license rights to enter into the XXXX Acceptance Form agreement with an End User is suspended where and for as long as certain adverse conditions are present as provided for in Article 5 (SAP’s obligation to deliver) of Part 1 of the Open Ecosystem GTCSGTCs. 7. Open Ecosystem Partner must ensure that all Software ordered for an End User is captured under a valid Indirect End User License between Open Ecosystem Partner and such End User. a) To this extent Open Ecosystem Partner must – in particular – ensure that: i. For each End User opportunity, Open Ecosystem Partner executes an Indirect End User License before ordering Software from Distributor; and ii. the person signing an Indirect End User License is duly authorized to represent and has the full legal capacity to legally bind the End User. b) Open Ecosystem Partner must ensure that each Indirect End User License is legal, valid, binding and enforceable and that the obligations assumed by the Parties thereunder constitute legal, valid, binding and enforceable obligations. c) Open Ecosystem Partner must inform each End User that SAP will not accept the corresponding Software order for such End User opportunity and will, thus, neither deliver any Software nor the applicable license keys if SAP has not received from the Distributor the confirmation that an Indirect End User License was duly signed by the End User for the Software agreed in the order between Distributor and SAP. d) Upon SAP’s request, Open Ecosystem Partner must provide a copy of the signed Indirect End User License agreement to SAP (whereby blackening any references to commercial terms, especially prices). Open Ecosystem Partner must ensure that End User has given its consent for SAP to review each Indirect End User License. e) Open Ecosystem Partner bears all consequences and costs resulting from breach of its duties set forth in the Agreement, especially if Open Ecosystem Partner did not conclude an Indirect End User License, if an Indirect End User License is not legal, valid, binding or enforceable or if the obligations assumed by the Parties thereunder do not constitute legal, valid, binding and enforceable obligations.

License. 1. Use rights for the Software that Open Ecosystem Partner ordered ordera via a Distributor from SAP for a specific End User will be granted directly by from SAP to Distributor on the basis of an End User specific agreed order and then granted by Distributor to Open Ecosystem Partner on the basis of an individual license agreement (“Indirect Partner License”) and from the Open Ecosystem Partner to the End User on the basis of an individual license agreement (“Indirect End User License”), as further described in this Article 5. In addition to that, XXX enters into a direct contractual relationship with the End User via the XXXX Acceptance Form, and the XXXX and referenced therein as described in the SURsubsections 2 to 6 below. 2. Open Ecosystem Partner must inform the End User of and include express provisions in its agreement with the End User stating that: a) the use of the Software is subject to the terms and conditions of the Indirect End User License and that with regard to the use of the Software End User must also adhere to the stipulations of the XXXX Acceptance Form, Form and the XXXX and the SURreferenced therein; b) SAP will neither deliver any Software nor the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP has the right not to grant a license enter into the XXXX Acceptance Form agreement with an End User as long as any of the adverse conditions as set out in this Article 5 (License) no. 4 to 6 is present. 3. Open Ecosystem Partner must ensure that: a) each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SUR. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content of the XXXX Acceptance Form, the XXXX or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 6. SAP's obligation to grant license rights to enter into the XXXX Acceptance Form agreement with an End User is suspended where and for as long as certain adverse conditions are present as provided for in Article 5 (SAP’s obligation to deliver) of Part 1 of the Open Ecosystem GTCS. 7. Open Ecosystem Partner must ensure that all Software ordered for an End User is captured under a valid Indirect End User License between Open Ecosystem Partner and such End User. a) To this extent Open Ecosystem Partner must – in particular – ensure that: i. For each End User opportunity, Open Ecosystem Partner executes an Indirect End User License before ordering Software from Distributor; and ii. the person signing an Indirect End User License is duly authorized to represent and has the full legal capacity to legally bind the End User. b) Open Ecosystem Partner must ensure that each Indirect End User License is legal, valid, binding and enforceable and that the obligations assumed by the Parties thereunder constitute legal, valid, binding and enforceable obligations. c) Open Ecosystem Partner must inform each End User that SAP will not accept the corresponding Software order for such End User opportunity and will, thus, neither deliver any Software nor the applicable license keys if SAP has not received from the Distributor the confirmation that an Indirect End User License was duly signed by the End User for the Software agreed in the order between Distributor and SAP. d) Upon SAP’s request, Open Ecosystem Partner must provide a copy of the signed Indirect End User License agreement to SAP (whereby blackening any references to commercial terms, especially prices). Open Ecosystem Partner must ensure that End User has given its consent for SAP to review each Indirect End User License. e) Open Ecosystem Partner bears all consequences and costs resulting from breach of its duties set forth in the Agreement, especially if Open Ecosystem Partner did not conclude an Indirect End User License, if an Indirect End User License is not legal, valid, binding or enforceable or if the obligations assumed by the Parties thereunder do not constitute legal, valid, binding and enforceable obligations.

License. 1. Use rights for 2.1 Intermec hereby grants You a license to use the Software that Open Ecosystem Partner ordered via a Distributor from SAP for a specific End User will be granted directly by SAP subject to the End User via the XXXX Acceptance Form, the XXXX following terms and the SURconditions. 22.2 The Software is licensed, not sold. Open Ecosystem Partner must inform Intermec hereby grants You a non-exclusive, terminable, limited license to use the End User Software on the System(s) for Your own internal business purposes. No other right or license is granted or implied. You agree to not modify, copy, distribute or otherwise disclose the Software without the prior written consent of and include express provisions in its agreement with Intermec. You further agree not to reverse engineer, disassemble, or de-compile the End User stating that:Software. This license shall terminate when You no longer own or You cease to use the System(s) on which You are licensed to use the Software. a) 2.3 You may not duplicate or copy the use Software except that You may make a single copy of the Software for use solely for archival purposes. The archival copy must bear the copyright notices appearing in the original. 2.4 You may not sell, lease, rent, assign, sublicense or transfer the Software except that You may transfer all of Your rights under this XXXX as part of a sale or transfer of the System(s). Such a sale or transfer may only be made if You retain no copies of the Software, You transfer all of the Software (including any media, archival copies, upgrades and Documentation) and the recipient agrees to abide by the terms of this XXXX. An upgrade may not be transferred unless You transfer all prior versions of the Software. In the event of any such transfer, You shall remain liable and responsible to Intermec for the performance of all of Your duties and obligations under this XXXX. 2.5 The Software product is subject protected under the copyright laws of the United States and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge and agree that nothing in this Agreement gives You any right, title or interest in the Software except the limited rights expressly granted herein. Some or all of the Software may have been developed by an independent third party software supplier which holds copyright or other proprietary rights to the terms and conditions software product. 2.6 You may not remove, intentionally cover or alter any proprietary notices, copyright notices, labels or marks that are contained in or on the Software. 2.7 You agree that You will not export or import any portion of the XXXX Acceptance FormSoftware to any country that is not party to either: (i) The Berne Convention of 1989, (ii) The Universal Copyright Convention, (iii) The Buenos Aires Convention, or (iv) a treaty with the XXXX and United States of America (U.S.A.) which allows for the SUR; b) SAP will neither deliver any Software nor the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP has the right not to grant a license as long as any recognition of the adverse conditions as set out property rights claimed by Intermec or its suppliers in this Article 5 (License) nothe Software. 4 to 6 is present. 3. Open Ecosystem Partner must ensure that: a) each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SUR. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content Any export of the XXXX Acceptance Form, the XXXX or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for to such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 6. SAP's obligation to grant license rights to an End User is suspended where and for as long as certain adverse conditions are present as provided for country in Article 5 (SAP’s obligation to deliver) violation of Part 1 of the Open Ecosystem GTCS.this paragraph 2.8

License. 1. Use rights for 2.1 MobileDemand hereby grants You a license to use the Software that Open Ecosystem Partner ordered via a Distributor from SAP for a specific End User will be granted directly by SAP subject to the End User via the XXXX Acceptance Form, the XXXX following terms and the SURconditions. 22.2 The Software is licensed, not sold. Open Ecosystem Partner must inform MobileDemand hereby grants You a non-exclusive, terminable, limited license to use the End User Software on the System(s) for Your own internal business purposes. No other right or license is granted or implied. You agree to not modify, copy, distribute or otherwise disclose the Software without the prior written consent of and include express provisions in its agreement with MobileDemand. You further agree not to reverse engineer, disassemble, or de-compile the End User stating that:Software. This license shall terminate when You no longer own or You cease to use the System(s) on which You are licensed to use the Software. a) 2.3 You may not duplicate or copy the use Software except that You may make a single copy of the Software is subject for use solely for archival purposes. The archival copy must bear the copyright notices appearing in the original. 2.4 You may not sell, lease, rent, assign, sublicense or transfer the Software except that You may transfer all of Your rights under this XXXX as part of a sale or transfer of the System(s). Such a sale or transfer may only be made if You retain no copies of the Software, You transfer all of the Software (including any media, archival copies, upgrades and Documentation) and the recipient agrees to abide by the terms and conditions of this XXXX. An upgrade may not be transferred unless You transfer all prior versions of the XXXX Acceptance FormSoftware. In the event of any such transfer, You shall remain liable and responsible to MobileDemand for the XXXX performance of all of Your duties and obligations under this XXXX. 2.5 The Software product is protected under the SUR; b) SAP will neither deliver any Software nor the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP has the right not to grant a license as long as any copyright laws of the adverse conditions United States and international copyright treaties, as set out in this Article 5 (License) nowell as other intellectual property laws and treaties. 4 to 6 is present. 3. Open Ecosystem Partner must ensure that: a) each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner is prohibited from making You agree that if any changes to the XXXX Acceptance Formunauthorized copies are made, the XXXX and the SUR. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content Software is used in violation of this XXXX, MobileDemand shall have the right to obtain an injunction against the unauthorized copying or use, in addition to any other rights and remedies MobileDemand might have. You acknowledge and agree that nothing in this Agreement gives You any right, title or interest in the Software except the limited rights expressly granted herein. Some or all of the XXXX Acceptance FormSoftware may have been developed by an independent third party software supplier which holds copyright or other proprietary rights to the software product. You may be held responsible to any such supplier for any infringement of such rights. 2.6 You may not remove, intentionally cover or alter any proprietary notices, copyright notices, labels or marks that are contained in or on the XXXX or the SUR was unduly changed or is incomplete, SAP Software. 2.7 You agree that You will not accept export or import any portion of the corresponding Software order to any country that is not party to either: (i) The Berne Convention of 1989, (ii) The Universal Copyright Convention, (iii) The Buenos Aires Convention, or (iv) a treaty with the United States of America (U.S.A.) which allows for the recognition of the property rights claimed by MobileDemand or its suppliers in the Software. Any export of the Software to such End User country in violation of this paragraph 2.8 is prohibited and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incompleteshall constitute a breach of this XXXX. 62.8 MobileDemand and its software suppliers reserve the right to terminate this XXXX if You violate any term or condition of this XXXX. SAP's obligation to grant license rights to an End User is suspended where In the event of termination, You must stop using the Software and for as long as certain adverse conditions are present as provided for in Article 5 (SAP’s obligation to deliver) of Part 1 must return all copies of the Open Ecosystem GTCSSoftware to MobileDemand. 2.9 In the event You modify the Software or include it in any other software program, upon termination of this XXXX You agree either to remove the Software or any portion thereof from the modified program and return the Software to MobileDemand.

License. 117.1 Upon delivery of Licensed Materials pursuant to this Agreement, Statmon grants to Harris a perpetual, personal, nontransferable, (except as specifixx xxxein), and nonexclusive license to Use the Licensed Materials on an exclusive use Designated Processor for its own business operations and to grant sublicenses as provided below commencing in Section 17.3. Use rights for Harris shall not reverse engineer, decompile or disassemble Softwarx xxxxished as object code to generate corresponding Source Code. Unless otherwise agreed in writing by Statmon, Harris shall not modify Software furnished by Statmon under thxx Xxxeement except as provided in Statmon's documentation. If the Designated Processor becomes temporarily inoperative, Harris shall have the right to use the Licensed Materials temporarxxx xx a backup processor until operable status is restored and processing on the backup processor is completed, Harris may make up to two (2) archival copies of the Software that Open Ecosystem Partner ordered via a Distributor from SAP fox xxx as backup for a specific End User will be granted directly failed Software, 17.2 All Licensed Materials (whether or not part of firmware) furnished by SAP to Statmon, and all copies thereof made by Harris, including translations, compilations and partial copies, axx xxx shall remain the End User via the XXXX Acceptance Form, the XXXX and the SURproperty of Statmon. 2. Open Ecosystem Partner must inform 17.3 Notwithstanding the provisions of this article, in consideration of the fees to be paid hereunder, Harris may sub-license the Use of Licensed Materials with finished Pxxxxxxs on behalf of Statmon to End Users, but only in connection with the sale or lease to such End User of and include express provisions the finished products incorporating Products purchased under this Agreement for which such Licensed Materials were furnished in its agreement connection with the such Products. Such sub-license shall be administered electronically by Statmon for electronic acceptance by each End User stating that: a) the use of first time the Software is subject to Licensed Materials are used and shall incorporate the terms and conditions set forth in Appendix F, Statmon's End User License Agreement. Upon request by Harris, Statmon agrees to provide Harris with copies of all such sux-xxxxnses for the sole purpose ox xxxxfying acceptance of the XXXX Acceptance Formrequired terms and conditions. The terms of such sub-licenses shall survive any termination of rights under this Agreement, the XXXX and the SUR; b) SAP will neither deliver any Software nor the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP has the right not to grant a license as long as any of the adverse conditions as set out in this Article 5 (License) no. 4 to 6 is presentincluding termination under Section 17.4. 317.4 Statmon may cancel any license granted under this article if Harris fails to materially comply with the terms and conditions xx xxch License or this Agreement and this Agreement is terminated. Open Ecosystem Partner must ensure that: a) each End User accepts the thenStatmon may cancel any sub-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SUR. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content of the XXXX Acceptance Form, the XXXX or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 6. SAP's obligation to grant license rights to an End User of Harris who fails to materially comply with the terms of such sublixxxxx. If a license or sub-license is suspended where canceled, or if Licensed Materials are no longer needed, the corresponding copies of Licensed Materials shall be returned to Statmon, or Statmon shall be assured, in a format reasonably required by Statmon, that all copies of Licensed Materials have been destroyed and for as long as certain adverse conditions are present as software has been erased from all media; provided for in Article 5 (SAP’s obligation to deliver) of Part 1 however, that Harris may retain copies of the Open Ecosystem GTCSLicensed Materials reasonably rxxxxxxd to fulfill its warranty and maintenance obligations to its non-breaching sublicensees. This paragraph shall not affect (1) the proper sub-license of Licensed Materials made before Harris' license is canceled, or (2) Harris' license hereunder if ax Xxx User fails to comply with a subxxxxxxe, provided, in either event, that such sub-licenses fully comply and comport with this article.

License. 11.1 Deswik grants a non-exclusive, non- transferable, non-sub-licensable license to the Licensee (License) to use the Software solely as an end user only. Use rights The Software is for the Licensee's own use and must not be used by others (including by way of sub-license) or for marketing or redistribution, whether alone or as a component of any other product. 1.2 The licenses granted are subject to the condition that the Licensee must ensure the maximum number of Authorised Users accessing and using the Software that Open Ecosystem Partner ordered via a Distributor from SAP does not exceed the number of User Licenses for a specific End which the necessary Fees have been paid to the Agent or Deswik. The Licensee may purchase additional User Licenses at any time on payment of the applicable Fees to the Agent or Deswik. 1.3 By installing, copying, downloading or otherwise using the Software, the Licensee will be granted directly deemed to be bound by SAP the terms of this XXXX. If the Licensee does not agree to the End User via the XXXX Acceptance Formterms, the XXXX and Licensee must not install, copy, download or otherwise use the SURSoftware. 2. Open Ecosystem Partner must inform the End User 1.4 If you are accepting this EULA on behalf of your employer or another entity, you represent and include express provisions in its agreement with the End User stating warrant that: (a) you have full legal authority to bind your employer or such entity to this EULA as the use Licensee; and (b) you agree to this EULA on their behalf. If you don’t have authority to bind that party, please do not proceed to install the Software or click the “agree” checkbox presented to you. If you do install the Software or click the “agree” (or similar) checkbox in these circumstances: (c) you are deemed to represent that party, (d) you are binding that party to this XXXX; and (e) the word “Licensee” refers to that party. 1.5 The Licensee may make one copy of the Software is subject for backup purposes only. 1.6 An amendment or addendum to this EULA may accompany the Software. Any amendment or they were included in this document and, together, form the terms of this XXXX. To the extent that any inconsistency arises between the amendment or addendum and these terms, the relevant provisions of the amendment or addendum will apply to the extent of the inconsistency. 1.7 Subject to the terms of this XXXX, and conditions of unless terminated earlier in accordance with this XXXX, licenses are: (a) Perpetual for licenses acquired under the XXXX Acceptance Form, the XXXX and the SUR;“Permanent License” option. (b) SAP will neither deliver any Software nor the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; andTime limited for licenses acquired under “Subscription” or “Monthly Rental” options, with expiration dates based on Fees paid. (c) SAP has the right not to grant Temporary “Evaluation Licenses”, which operate for a license limited period, as long as any of the adverse conditions as set out in this Article 5 (License) no. 4 to 6 is presentdetermined by Deswik. 3. Open Ecosystem Partner must ensure that1.8 Where the Software is designated by Deswik as being licensed on a: a) each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SUR. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content of the XXXX Acceptance Form, the XXXX or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 6. SAP's obligation to grant license rights to an End User is suspended where and for as long as certain adverse conditions are present as provided for in Article 5 (SAP’s obligation to deliver) of Part 1 of the Open Ecosystem GTCS.

License. 1. Use rights for the Software that Open Ecosystem Partner ordered via a Distributor orders from SAP for a specific End User will be granted directly by SAP as owner or licensee of the Intellectual Property Rights to the End User via as further described in this Article 8 . If SAP grants the XXXX Acceptance FormUse rights for the Software directly to an End User, Partner must comply with the XXXX and the SUR.following provisions set out in this Article 8 no. 1 (Direct License): 2. Open Ecosystem a) Partner must inform the End User of and include express provisions in its agreement with the End User stating that: a) i. the use of the Software is subject to the terms and conditions of the XXXX Acceptance Form, the XXXX and the SUR; b) ii. SAP will neither deliver any Software nor the applicable license key keys until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP iii. XXX has the right not to grant a license as long as any of the adverse conditions as set out in this Article 5 8 (License) no. 4 d) to 6 f) is present. 3. Open Ecosystem b) Partner must ensure that: a) i. each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) ii. the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4c) When Partner submits a Software order, Partner must also submit a copy of the XXXX Acceptance Form signed by the End User for whom the Software is ordered. Open Ecosystem SAP will provide the means to attach, upload or otherwise submit a signed copy of the XXXX Acceptance Form together with the Software order in the order process. If required in the country of the relevant End User, SAP will provide an address to which an originally signed copy of the XXXX Acceptance Form by the End User must be sent. d) Partner is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SURSUR but may have to insert certain additionally required information into the XXXX Acceptance Form. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. e) If the relevant End User has not duly signed the XXXX Acceptance Form or if the content of the XXXX Acceptance Form, the XXXX or and/or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license keykeys. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 6. f) SAP's obligation to grant license rights to an End User is suspended where and for as long as certain adverse conditions are present as provided for in Article 5 6 (SAP’s obligation to deliver) of Part 1 of the Open Ecosystem GTCSPartnerEdge GTCs.

License. 1. Use rights for the Software that Open Ecosystem Partner ordered via a Distributor orders from SAP HASHCASH for a specific End User will be granted directly by SAP HASHCASH to the End User via the XXXX Acceptance Form, the XXXX and the SUR. 2. Open Ecosystem Partner When Distributor submits a Software order, Distributor must inform the End User of and include express provisions in its agreement with the End User stating that: a) the use of the Software is subject to the terms and conditions also submit a copy of the XXXX Acceptance FormForm signed by the End User for whom the Software is ordered. HASHCASH will provide the electronic means to attach, upload or otherwise submit a signed copy of the XXXX and Acceptance Form together with the SUR; b) SAP will neither deliver any Software nor order in the applicable license key until SAP received order process. If required in the country of the relevant End User’s duly , HASHCASH will provide an address to which an originally signed copy of the XXXX Acceptance Form; and c) SAP has Form by the right not to grant a license as long as any of the adverse conditions as set out in this Article 5 (License) no. 4 to 6 is presentEnd User must be send. 3. Open Ecosystem Partner must ensure that: a) each End User accepts the then-current license terms by signing the then-current XXXX Acceptance Form; and b) the person signing the XXXX Acceptance Form is duly authorized to represent and has the full legal capacity to legally bind the End User. 4. Open Ecosystem Partner Distributor is prohibited from making any changes to the XXXX Acceptance Form, the XXXX and the SURSUR but may have to insert certain additionally required information into the XXXX Acceptance Form. Open Ecosystem Partner Distributor must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 54. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content of the XXXX Acceptance Form, the XXXX or the SUR was unduly changed or is incomplete, SAP HASHCASH will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner Distributor will indemnify SAP HASHCASH against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP HASHCASH if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incomplete. 65. SAPHASHCASH's obligation to grant license rights to an End User is suspended where and for as long as certain adverse conditions are present as provided for in Article 5 (SAPHASHCASH’s obligation to deliver) of Part 1 of the Open Ecosystem GTCSDistribution DGTC.

License. 1. Use rights for the Software that Open Ecosystem Partner ordered via a Distributor from SAP for a specific End User will Upgrades, revised documents, and information supplied to Xxxx under this Agreement shall be granted directly by SAP to the End User via the XXXX Acceptance Form, the XXXX and the SUR. 2. Open Ecosystem Partner must inform the End User of and include express provisions in its agreement with the End User stating that: a) the use deemed part of the Software is Traverser DVDDS and subject to all of the terms and conditions of the XXXX Acceptance FormSupply Agreement. NO ADDITIONAL WARRANTES SHALL BE -------------------------------- IMPLIED BY THIS AGREEMENT. ------------------------- The Parties hereby confirm their acceptance of the foregoing terms and conditions by the signatures of their duly authorized representatives set forth below. mPhase Technologies, Inc. Xxxx Telephone Company, Inc. By By ---------------------------- ------------------------------------ Title Title ------------------------- --------------------------------- Exhibit 4 Software License Terms and Conditions 1. License Grant ------------- mPhase hereby grants to Xxxx the XXXX nonexclusive, nontransferable right and license to use the SUR; b) SAP will neither deliver Traverser DVDDS Software only in association with Technology Preview Unit and Traverser DVDDS which are the subject of the Supply Agreement between mPhase and Xxxx dated August 18, 1998 (the "Designated Traverser DVDDS"), and only for the specific purposes set forth in the Agreement. The license does not include any Software nor the applicable license key until SAP received End User’s duly signed XXXX Acceptance Form; and c) SAP has the right not to grant a license as long as sublicense any of the adverse conditions as set out rights granted --- hereunder, or to allow others to use the Licensed Software, nor does it include the right to transfer the Licensed Software to any system other than the Designated Traverser DVDDS. A. The Software and Documentation are collectively referred to in this Article 5 (License) noAgreement as the "Traverser DVDDS Software". B. The Traverser DVDDS Software licensed to Xxxx under this Agreement will not include source code, and Xxxx agrees that it will not reverse engineer, de- compile, or disassemble said Traverser DVDDS Software, nor modify it in any way. 2. 4 Term ---- This License shall be in effect during the duration of Xxxx'x utilization of the Designated Traverser DVDDS pursuant to 6 is present.the Supply Agreement 3. Open Ecosystem Partner must ensure that:Proprietary Property -------------------- a) each End User accepts X. Xxxx acknowledges that the then-current license terms by signing Traverser DVDDS Software and all rights therein are the then-current XXXX Acceptance Form; and b) property of mPhase and agrees that it will not utilize the person signing Traverser DVDDS Software in any manner or for any purpose except in accordance with this Agreement. In addition, Xxxx agrees that it will not disclose any of the XXXX Acceptance Form is duly authorized information contained in the Traverser DVDDS Software to represent and has others without the full legal capacity to legally bind the End Userprior express written consent of mPhase. 4. Open Ecosystem Partner is prohibited from making any changes X. Xxxx shall have the right to the XXXX Acceptance Form, the XXXX and the SUR. Open Ecosystem Partner must further ensure that End User does not change the XXXX Acceptance Form, the XXXX and the SUR. 5. If the relevant End User has not duly signed the XXXX Acceptance Form or if the content make one copy in machine-readable form of the XXXX Acceptance FormTraverser DVDDS Software for back-up purposes only, and agrees that it will make no other copies without the XXXX or the SUR was unduly changed or is incomplete, SAP will not accept the corresponding Software order for such End User and will, thus, neither deliver any Software nor the applicable license key. Open Ecosystem Partner will indemnify SAP against any and all losses, actions, claims, expenses, demands and liabilities which may be incurred by or made against SAP if the XXXX Acceptance Form, the XXXX and/or the SUR were unduly changed or are incompleteprior express written consent of mPhase. 6. SAP's obligation to grant license rights to an End User is suspended where and for as long as certain adverse conditions are present as provided for in Article 5 (SAP’s obligation to deliver) of Part 1 of the Open Ecosystem GTCS.