Common use of OEM License Clause in Contracts

OEM License. 4.4.1 Grants under the OEM License Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases), non-reusable, worldwide right to install, reproduce, use, sublicense and further develop Licensed Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through a Customer Installation, with or without the right for Licensee’s customers to work with the API and/or source code of the Licensed Software (“Developer Rights”), dependent on Licensee’s choice as specified in License Statement. The authorization to sublicense Licensed Software only applies when and as long as such Licensed Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with this Agreement. 4.4.2 Limitations to the OEM License Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Licensee Products and Customer Installations, with or without Developer Rights, shall not at any time exceed the total number of Licensee Products and Customer Installations selected by Licensee upon purchase of the License and specified in the License Statement. Licensed Software may only be incorporated into such Licensee Products as expressly identified and approved by Highsoft in the License Statement. Licensee shall be prohibited from reselling any Licensee Product or otherwise from granting its customers permission to use the Licensed Software, in any manner that contradicts the terms and restrictions of this Agreement or the License(s) granted hereunder. 4.4.3 Optional addition of Websites, Internal Applications, SaaS Application(s) and/or Web Application(s) to the OEM License Licensee may, subject to an additional fee, choose to customize the OEM License by adding the usage rights granted under the Internal License, SaaS License or SaaS+ License. By doing so, depending on the chosen additions to the OEM License, Licensee will be authorized to use the Licensed Software as such on any websites (public or private) and Internal Applications, to incorporate Licensed Software into the number of SaaS Application and/or Web Application as specified by Licensee and approved by Highsoft in the License Statement.

OEM License. 4.4.1 3.5.1 Grants under the OEM License Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases), non-non- reusable, worldwide right to install, reproduce, use, sublicense and further develop Licensed Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through a Customer Installation, with or without the right for Licensee’s customers to work with the API and/or source code of the Licensed Software (“Developer Rights”), dependent on Licensee’s choice as specified in License Statement. The authorization to sublicense Licensed Software under this section 3.5.1 first paragraph only applies when and as long as such Licensed Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with this Agreement. 4.4.2 3.5.2 Limitations to the OEM License Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Licensee Products and Customer Installations, with or without Developer Rights, shall not at any time exceed the total number of Licensee Products and Customer Installations selected by Licensee upon purchase of the License and specified in the License Statement. Licensed Software may only be incorporated into such Licensee Products and, if applicable, such SaaS Application(s) and/or Web Application(s), as expressly identified and approved by Highsoft in the License Statement. Licensee shall be prohibited from reselling any Licensee Product or otherwise Product, and from granting its customers permission to use the Licensed Software, in any manner that contradicts the terms and restrictions of this Agreement or the License(s) granted hereunder. Highsoft acknowledges and agrees that (i) Licensee retains all rights, title and interest in and to any Licensee Product and to any Licensee owned SaaS Application or Web Application, and Highsoft does not acquire any right, title, or interest in or to such product or application; and (ii) any integration of Licensed Software with Licensee Product or Licensee owned SaaS Application or Web Application shall not affect or diminish Licensee’s rights, title, and interest in and to such product or application. 4.4.3 3.5.3 Optional addition Addition of Websites, Internal Applications, SaaS Application(s) and/or Web Application(s) to the OEM License Licensee may, subject to an additional fee, choose to customize the OEM License by adding the usage rights granted under the Internal LicenseWeb License (section 3.2), SaaS License (section 3.3) or SaaS+ LicenseLicense (section 3.4). By doing so, depending on the chosen additions to the OEM License, Licensee will be authorized to use the Licensed Software as such on any websites (public or private) private and Internal Applications, to incorporate Licensed Software into the number of SaaS Application and/or Web Application as specified by Licensee and approved by Highsoft in the License Statement.

OEM License. 4.4.1 Grants under the OEM License Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases), non-reusable, worldwide right to install, reproduce, use, sublicense and further develop Licensed Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through a Customer Installation, with or without the right for the Licensee’s customers customer to work with the API and/or source code of the Licensed Software (“Developer Rights”), dependent on Licensee’s choice as specified in License Statement. The authorization to sublicense Licensed Software only applies when and as long as such Licensed Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with this Agreement. 4.4.2 Limitations to the OEM License Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Licensee Products and Customer Installations, with or without Developer Rights, shall not at any time exceed the total number of Licensee Products and Customer Installations selected by Licensee upon purchase of the License and specified confirmed in the License Statement. Licensed Software may only be incorporated into such Licensee Products as expressly identified and approved by Highsoft in the License Statement. Licensee shall be prohibited from reselling any Licensee Product or otherwise from granting its customers permission to use the Licensed Software, in any manner that contradicts the terms and restrictions of this Agreement or the License(s) granted hereunder. 4.4.3 Optional addition addition(s) of Websites, Internal Applications, SaaS Application(s) Applications and/or Web External Application(s) to the OEM License Licensee may, subject to an additional fee, choose to customize the OEM License by adding the usage rights granted as provided under the an Internal License, a SaaS License or a SaaS+ License. By doing so, depending on the chosen additions to the OEM License, Licensee will be authorized pursuant to the chosen additional License type to use the Licensed Software as such on any websites (public or private) Internal Websites, and Internal Applications, and to incorporate Licensed Software into the number of SaaS Application and/or Web External Application as specified by Licensee and approved by Highsoft in the License StatementStatement and to use the Licensed Software on Public Websites.

OEM License. 4.4.1 Grants under the OEM License Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases), non-reusable, worldwide right to install, reproduce, use, sublicense and further develop Licensed Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through a Customer Installation, with or without the right for the Licensee’s customers customer to work with the API and/or source code of the Licensed Software (“Developer Rights”), dependent on Licensee’s choice as specified in License Statement. The authorization to sublicense Licensed Software only applies when and as long as such Licensed Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with this Agreement. 4.4.2 Limitations to the OEM License Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Licensee Products and Customer Installations, with or without Developer Rights, shall not at any time exceed the total number of Licensee Products and Customer Installations selected by Licensee upon purchase of the License and specified confirmed in the License Statement. Licensed Software may only be incorporated into such Licensee Products as expressly identified and approved by Highsoft in the License Statement. Licensee shall be prohibited from reselling any Licensee Product or otherwise from granting its customers permission to use the Licensed Software, in any manner that contradicts the terms and restrictions of this Agreement or the License(s) granted hereunder. 4.4.3 Optional addition addition(s) of Websites, Internal Applications, SaaS Application(s) and/or Web Application(s) to the OEM License Licensee may, subject to an additional fee, choose to customize the OEM License by adding the usage rights granted as provided under the an Internal License, a SaaS License or a SaaS+ License. By doing so, depending on the chosen additions to the OEM License, Licensee will be authorized pursuant to the chosen additional License type to use the Licensed Software as such on any websites (public or private) and Internal Applications, and to incorporate Licensed Software into the number of SaaS Application and/or Web Application as specified by Licensee and approved by Highsoft in the License Statement.

OEM License. 4.4.1 3.5.1 Grants under the OEM License Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases), non-reusable, worldwide right to install, reproduce, use, sublicense and further develop Licensed Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through a Customer Installation, with or without the right for Licensee’s customers to work with the API and/or source code of the Licensed Software (“Developer Rights”), dependent on Licensee’s choice as specified in License Statement. The authorization to sublicense Licensed Software under this section 3.5.1 first paragraph only applies when and as long as such Licensed Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with this Agreement. 4.4.2 3.5.2 Limitations to the OEM License Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Licensee Products and Customer Installations, with or without Developer Rights, shall not at any time exceed the total number of Licensee Products and Customer Installations selected by Licensee upon purchase of the License and specified in the License Statement. Licensed Software may only be incorporated into such Licensee Products and, if applicable, such SaaS Application(s) and/or Web Application(s), as expressly identified and approved by Highsoft in the License Statement. Licensee shall be prohibited from reselling any Licensee Product or otherwise Product, and from granting its customers permission to use the Licensed Software, in any manner that contradicts the terms and restrictions of this Agreement or the License(s) granted hereunder. Highsoft acknowledges and agrees that (i) Licensee retains all rights, title and interest in and to any Licensee Product and to any Licensee owned SaaS Application or Web Application, and Highsoft does not acquire any right, title, or interest in or to such product or application; and (ii) any integration of Licensed Software with Licensee Product or Licensee owned SaaS Application or Web Application shall not affect or diminish Licensee’s rights, title, and interest in and to such product or application. 4.4.3 3.5.3 Optional addition Addition of Websites, Internal Applications, SaaS Application(s) and/or Web Application(s) to the OEM License Licensee may, subject to an additional fee, choose to customize the OEM License by adding the usage rights granted under the Internal LicenseWeb License (section 3.2), SaaS License (section 3.3) or SaaS+ LicenseLicense (section 3.4). By doing so, depending on the chosen additions to the OEM License, Licensee will be authorized to use the Licensed Software as such on any websites (public or private) private and Internal Applications, to incorporate Licensed Software into the number of SaaS Application and/or Web Application as specified by Licensee and approved by Highsoft in the License Statement.

OEM License. 4.4.1 Grants under the OEM License Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases), non-reusable, worldwide right to install, reproduce, use, sublicense use and further develop Licensed Software as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party through a Customer Installation, with or without the right for Licensee’s customers to work with the API and/or source code of the Licensed Software (“Developer Rights”), dependent on Licensee’s choice as specified in License Statement. The right to use the Software granted herein shall not be sublicensable except that Licensee may grant its customers the right to install and use the Software as an integral part of a Licensee Product. The authorization to sublicense Licensed Software under this section 3.3 first paragraph only applies when and as long as such Licensed Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with this Agreement. 4.4.2 Limitations to the OEM License . Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Licensee Products Developers at any time and the number of Customer Installations, with or without Developer Rightsrights, shall not at any time exceed the total number of Licensee Products Developers and Customer Installations selected by Licensee upon purchase of the License and specified stated in the License Statement. Licensee further agrees not to make use of Software products in other (newer) versions than such Release(s) of the Licensed Software which Licensee is entitled to use pursuant to section 3.4. Any breach of this restriction shall be considered a material breach of the Agreement. Under an OEM License, Licensee may also incorporate Licensed Software into a SaaS Application provided and only to the extent that such SaaS Application has been approved by Highsoft by explicit reference in the License Statement. For the avoidance of doubt, this conditioned right to incorporate Licensed Software in a SaaS Application shall also extend to situations where the SaaS Applications is fully or partly hosted on Licensee’s customer’s own server(s). Licensed Software may only be incorporated into such Licensee Products and/or SaaS Application(s) as expressly identified and approved by Highsoft specified in the License Statement. Licensee shall be prohibited from reselling any Licensee Product or otherwise Product, and from granting its customers permission to use the Licensed Software, in any manner that contradicts the terms and restrictions of this Agreement or the License(s) granted hereunder. 4.4.3 Optional addition . Highsoft acknowledges and agrees that (i) Licensee retains all rights, title and interest in and to any Licensee Product, and Highsoft does not acquire any right, title, or interest in or to such product; and (ii) any integration of Websites, Internal Applications, SaaS Application(s) and/or Web Application(s) to the OEM License Licensee may, subject to an additional fee, choose to customize the OEM License by adding the usage rights granted under the Internal License, SaaS License or SaaS+ License. By doing so, depending on the chosen additions to the OEM License, Licensee will be authorized to use the Licensed Software as with Licensee Product shall not affect or diminish Licensee’s rights, title, and interest in and to such on any websites (public or private) and Internal Applications, to incorporate Licensed Software into the number of SaaS Application and/or Web Application as specified by Licensee and approved by Highsoft in the License StatementProduct.