Common use of Redistributables Clause in Contracts

Redistributables. Subject to the terms and conditions of this Agreement and restrictions and exceptions, if any, set forth in the applicable file header, Progress grants Licensee a non-exclusive, non-transferable, royalty free, limited license to reproduce and distribute those files specifically identified as “Redistributable Code” in the file header ("Redistributables") provided that: (i) Licensee distributes the Redistributables complete and unmodified, and only bundled as part of software developed by Licensee (“Licensee Application”); (ii) Licensee does not remove, obscure or alter any proprietary legends or notices that appear on the Redistributables as delivered to Licensee; (iii) Licensee does not use Progress’s name, logo, or trademarks to market the Licensee Application; (iv) Licensee agrees to defend and indemnify Progress and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all components of Licensee Application. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED IN THIS AGREEMENT, LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT PROGRESS OR ITS LICENSORS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO THE REDISTRIBUTABLES, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, USEFULNESS OR QUIET ENJOYMENT. REDISTRIBUTABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE REDISTRIBUTABLES ARE EXPRESSLY DISCLAIMED. Licensee agrees not to permit further distribution of the Redistributables by Licensee’s end users except Licensee may permit further redistribution of the Redistributables by Licensee’s distributors to Licensee’s end-user customers if Licensee’s distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Application. Upon termination of this Agreement, Licensee must also discontinue the redistribution of Redistributables.

Redistributables. Subject to the terms and conditions of this Agreement and restrictions and exceptions, if any, set forth in the applicable file header, Progress grants Licensee a non-exclusive, non-transferable, royalty free, limited license to reproduce and distribute those files specifically identified as “Redistributable Code” in the file header ("Redistributables") provided that: (i) Licensee distributes the Redistributables complete and unmodified, and only bundled as part of software developed by Licensee (“Licensee Application”); (ii) Licensee does not remove, obscure or alter any proprietary legends or notices that appear on the Redistributables as delivered to Licensee; (iii) Licensee does not use Progress’s name, logo, or trademarks to market the Licensee Application; (iv) Licensee agrees to defend and indemnify Progress and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all components of Licensee Application. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED IN THIS AGREEMENT, LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT PROGRESS OR ITS LICENSORS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO THE REDISTRIBUTABLES, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, USEFULNESS OR QUIET ENJOYMENT. REDISTRIBUTABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,.” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE REDISTRIBUTABLES ARE EXPRESSLY DISCLAIMED. Licensee agrees not to permit further distribution of the Redistributables by Licensee’s end users except Licensee may permit further redistribution of the Redistributables by Licensee’s distributors to Licensee’s end-user customers if Licensee’s distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Application. Upon termination of this Agreement, Licensee must also discontinue the redistribution of Redistributables.”

Redistributables. Subject to the terms and conditions of this Agreement and restrictions and exceptions, if any, set forth in the applicable file header, Progress grants Licensee a non-exclusive, non-transferable, royalty free, limited license to reproduce and distribute those files specifically identified as “Redistributable Code” in the file header ("Redistributables") provided that: (i) Licensee distributes the Redistributables complete and unmodified, and only bundled as part of software developed by Licensee (“Licensee Application”); (ii) Licensee does not remove, obscure or alter any proprietary legends or notices that appear on the Redistributables as delivered to Licensee; (iii) Licensee does not use Progress’s name, logo, or trademarks to market the Licensee Application; (iv) Licensee agrees to defend and indemnify Progress and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all components of Licensee Application. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED IN THIS AGREEMENT, LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT PROGRESS OR ITS LICENSORS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO THE REDISTRIBUTABLES, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, USEFULNESS OR QUIET ENJOYMENT. REDISTRIBUTABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-NON- INFRINGEMENT WITH RESPECT TO THE REDISTRIBUTABLES ARE EXPRESSLY DISCLAIMED. Licensee agrees not to permit further distribution of the Redistributables by Licensee’s end users except Licensee may permit further redistribution of the Redistributables by Licensee’s distributors to Licensee’s end-user customers if Licensee’s distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Application. Upon termination of this Agreement, Licensee must also discontinue the redistribution of Redistributables.

Redistributables. Subject to the terms and conditions of this Agreement XXXX and the restrictions and exceptions, if any, set forth in the applicable file header, Progress grants Licensee we grant you a non-exclusive, non-non- transferable, royalty free, limited license to reproduce and distribute those files files, if any, in the Product specifically identified as “Redistributable Code” in the file header header. Your license to reproduce and distribute the Redistributable Code is subject to the limitations and conditions set forth in section 1.2.5 ("Redistributables"Redistribution) provided that: as well as the following additional limitations and conditions: (i) Licensee distributes you distribute the Redistributables Redistributable Code complete and unmodified, and only bundled as part of the software developed by Licensee you (“Licensee Application”); ) and (ii) Licensee does not remove, obscure or alter any proprietary legends or notices that appear on the Redistributables as delivered to Licensee; (iii) Licensee does you do not use Progress’s our name, logo, or trademarks to market the Licensee Application; (iv) Licensee agrees to defend and indemnify Progress and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all components of Licensee your Application. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED IN THIS AGREEMENTIN SECTION 1.9 (WARRANTIES), LICENSEE EXPRESSLY ACKNOWLEDGES REDISTRIBUTABLE CODE, ANY UPDATES THERETO AND AGREES THAT PROGRESS OR ITS LICENSORS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO THE REDISTRIBUTABLES, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, USEFULNESS OR QUIET ENJOYMENT. REDISTRIBUTABLES RELATED TECHNICAL SUPPORT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES WITH RESPECT TO THE REDISTRIBUTABLE CODE, EXPRESS ANY UPDATES THERETO, OR ANY RELATED TECHNICAL SUPPORT SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED ARISING BY APPLICABLE LAWCUSTOM OR TRADE USAGE, ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE REDISTRIBUTABLES ARE EXPRESSLY DISCLAIMEDOR NONINFRINGEMENT. Licensee agrees You agree not to permit further distribution of the Redistributables Redistributable Code by Licensee’s end users your customers except Licensee you may permit further redistribution of the Redistributables Redistributable Code by Licensee’s your distributors to Licensee’s your end-user customers if Licensee’s your distributors only distribute the Redistributables Redistributable Code in conjunction with, and as part of, the Licensee your Application. Upon termination of this Agreement, Licensee must also discontinue the redistribution of Redistributables.