Common use of SPECIFIC SOFTWARE TERMS Clause in Contracts

SPECIFIC SOFTWARE TERMS. The following terms and conditions apply to the applicable Licensed Software products named below and supersede any conflicting terms and conditions set forth elsewhere in this License Agreement: ALL VERSIONS OF NET EXPRESS®, SERVER EXPRESSTM, MICRO FOCUS STUDIOTM, MICRO FOCUS SERVERTM, EXTEND®, RELATIVITY®, RM/COBOL® , REUZE DEVELOPER, OPEN PL/I AND XCENTRISITY®. For this Licensed Software Licensee has the option to use the Licensed Software licenses purchased either (i) for internal development purposes, or (ii) to reproduce and distribute internally, as both options are described in Annex 1, any software application program created by Licensee using any such Licensed Software product, in whole or in part, as a part of Licensee‟ own application software product (“Licensee Application Software”). Where the foregoing option (ii) is selected it is contingent upon Licensee (a) including Licensor‟s copyright notice for the Licensed Software on the product label and as a part of the sign-on message for such Licensee Application Software product; and (b) indemnifying, holding harmless and defending Licensor and its third -party suppliers from and against any claims or lawsuits, including attorneys‟ fees, legal fees and court costs that arise out of, or result from, the use or distribution of such Licensee Application Software. Licensee can only reproduce and distribute Licensee Application Software to third parties aft er entering into a separate distribution agreement with Licensor. Usage and distribution of the Licensed Software arises both by the explicit distribution of any Licensee Application Software and by the implicit distribution and usage of any such functionality when linked into a softwar e application program. The grant of license for the Licensed Software does not permit Licensee to either use or reproduce and distribute any files supplied as part of the Licensed Software in order to create a compiler, interpreter or runtime support product. Licensor offers specific production licensing options for distribution to third parties which vary depending upon the license fees paid by Licensee and Licensee should contact its Lic xxxxx sales representative for more details.

SPECIFIC SOFTWARE TERMS. The following terms and conditions apply to the applicable Licensed Software products named below and supersede any conflicting terms and conditions set forth elsewhere in this License Agreement: ALL VERSIONS OF NET EXPRESS®, SERVER EXPRESSTM, MICRO FOCUS STUDIOTM, MICRO FOCUS SERVERTM, EXTEND®, RELATIVITY®, RM/COBOL® , REUZE DEVELOPER, OPEN PL/I AND XCENTRISITY®. For this Licensed Software Licensee has the option to use the Licensed Software licenses purchased either (i) for internal development purposes, or (ii) to reproduce and distribute internally, as both options are described in Annex 1, any software application program created by Licensee using any such Licensed Software product, in whole or in part, as a part of Licensee‟ Licensee’ own application software product (“Licensee Application Software”). Where the foregoing option (ii) is selected it is contingent upon Licensee (a) including Licensor‟s Licensor’s copyright notice for the Licensed Software on the product label and as a part of the sign-on message for such Licensee Application Software product; and (b) indemnifying, holding harmless and defending Licensor and its third -party third-party suppliers from and against any claims or lawsuits, including attorneys‟ attorneys’ fees, legal fees and court costs that arise out of, or result from, the use or distribution of such Licensee Application Software. Licensee can only reproduce and distribute Licensee Application Software to third parties aft er after entering into a separate distribution agreement with Licensor. Usage and distribution of the Licensed Software arises both by the explicit distribution of any Licensee Application Software and by the implicit distribution and usage of any such functionality when linked into a softwar e software application program. The grant of license for the Licensed Software does not permit Licensee to either use or reproduce and distribute any files supplied as part of the Licensed Software in order to create a compiler, interpreter or runtime support product. Licensor offers specific production licensing options for distribution to third parties which vary depending upon the license fees paid by Licensee and Licensee should contact its Lic xxxxx Licensor sales representative for more details.

SPECIFIC SOFTWARE TERMS. The following terms and conditions apply to the applicable Licensed Software products named below and supersede any conflicting terms and conditions set forth elsewhere in this License Agreement: ALL VERSIONS OF NET EXPRESS®, SERVER EXPRESSTM, MICRO FOCUS STUDIOTM, MICRO FOCUS SERVERTM, EXTEND®, RELATIVITY®, RM/COBOL® , REUZE DEVELOPER, OPEN PL/I AND XCENTRISITY®. For this Licensed Software Licensee has the option to use the Licensed Software licenses purchased either (i) for internal development purposes, or (ii) to reproduce and distribute internally, as both options are described in Annex 1, any software application program created by Licensee using any such Licensed Software product, in whole or in part, as a part of Licensee‟ own application software product (“Licensee Application Software”). Where the foregoing option (ii) is selected it is contingent upon Licensee (a) including Licensor‟s copyright notice for the Licensed Software on the product label and as a part of the sign-on message for such Licensee Application Software product; and (b) indemnifying, holding harmless and defending Licensor and its third -party third-party suppliers from and against any claims or lawsuits, including attorneys‟ fees, legal fees and court costs that arise out of, or result from, the use or distribution of such Licensee Application Software. Licensee can only reproduce and distribute Licensee Application Software to third parties aft er after entering into a separate distribution agreement with Licensor. Usage and distribution of the Licensed Software arises both by the explicit distribution of any Licensee Application Software and by the implicit distribution and usage of any such functionality when linked into a softwar e software application program. The grant of license for the Licensed Software does not permit Licensee to either use or reproduce and distribute any files supplied as part of the Licensed Software in order to create a compiler, interpreter or runtime support product. Licensor offers specific production licensing options for distribution to third parties which vary depending upon the license fees paid by Licensee and Licensee should contact its Lic xxxxx Licensor sales representative for more details.