Common use of MS Affiliate Clause in Contracts

MS Affiliate. Some provisions in this Agreement include Company’s covenants and obligations to MS and MS Affiliates. Some provisions are for the benefit of MS and MS Affiliates. Company acknowledges and agrees that each MS Affiliate is entitled to its own right to require due performance by Company. To the extent necessary to establish an MS Affiliate’s rights and benefits, MS enters into this Agreement, not only in its own right, but also as an agent for each such MS Affiliate. Microsoft OEM Distribution Agreement For Software Products For Embedded Systems *** dated July 1, 2014 between MS and BSQUARE CORPORATION Confidential treatment has been requested for portions of this document. This document omits the information subject to the confidential treatment request. Omissions are designated as ***. A complete version of this document has been filed separately with the Securities and Exchange Commission. OEM VOLUME ROYALTY PROGRAM SCHEDULE MS may offer an OEM Volume Royalty Program (“OVRP”). The OVRP enables Company to offer a *** royalty (“OVRP royalty rate”) to an OEM Customer that commits to distributing a specified high volume of Products (“OVRP Customer”) installed on a registered design over a *** period (“OVR Project”). Company may qualify to participate in the OVRP as described in the OVRP Guidelines on MyOEM and by registering OVR Projects in the Design Management Tool. Company and OVRP Customer can participate in the OVRP provided that:

MS Affiliate. Some provisions in this Agreement include Company’s covenants and obligations to MS and MS Affiliates. Some provisions are for the benefit of MS and MS Affiliates. Company acknowledges and agrees that each MS Affiliate is entitled to its own right to require due performance by Company. To the extent necessary to establish an MS Affiliate’s rights and benefits, MS enters into this Agreement, not only in its own right, but also as an agent for each such MS Affiliate. Microsoft OEM Distribution Agreement For for Software Products For for Embedded Systems Systems, #*** dated July 101, 2014 2010 between MS and BSQUARE B SQUARE CORPORATION Confidential treatment has been requested for portions of this documentagreement. This document agreement omits the information subject to the confidential treatment request. Omissions are designated as ***. A complete version of this document agreement has been filed separately with the Securities and Exchange Commission. OEM VOLUME ROYALTY PROGRAM SCHEDULE MS may offer an OEM Volume Royalty Program (“OVRP”). The OVRP enables Company to offer a *** royalty (“OVRP royalty rate”) to an OEM Customer Customers that commits commit to distributing a specified high volume of Products (“OVRP Customer”) installed on a registered design designs over a *** period (“OVR Project”). Company may qualify to participate in the OVRP as described in the OVRP Guidelines on MyOEM ECE and by registering OVR Projects in the Design Management ToolRegistration / OVRP Online Tool in MOO. Company and OVRP Customer can participate in the OVRP provided that: