Common use of Subscription License Clause in Contracts

Subscription License. 3.1 For Software licensed under a commercial license, Company grants to Customer a limited, non-exclusive, non- transferable license during the Subscription Term to use and reproduce such Software on Servers for which Customer has purchased a Subscription solely in connection with Customer’s internal operations. 3.2 All Servers on which the Software is installed must be covered by the same Subscription level. Upon termination or expiration of the Subscription, this Agreement and all licenses granted hereunder will terminate. Following such termination or expiration of the Subscription, upon request from Company, Customer will provide written confirmation to Company that it has: (a) removed or uninstalled the Software from all of its Servers which were licensed under a commercial license or (b) is using the Software pursuant to and in accordance with an open source license without use of Company’s marks. 3.3 Customer will not and will not allow any third party to: (a) decompile, disassemble, translate, reverse engineer or otherwise attempt to derive source code from any encrypted or encoded portion of the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage or permit others to do so (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions), (b) sell, sublicense, rent, lease, distribute, market, or commercialize the Software for any purpose, including timesharing or service bureau purposes, (c) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software, (d) remove any product identification, proprietary, copyright or other notices contained in the Software, (e) modify or create a derivative work of any encrypted or encoded portion of the Software, or any other portion of the Software, (f) publicly disseminate performance information or analysis including, without limitation benchmarking test results; (g) use the Software other than on Server; or (h) change any proprietary rights notices which appear in the Software or Documentation. 3.4 The Software may include individual open source software components, each of which has its own copyright and its own applicable license conditions. Open source software is licensed to Customer under the terms of the applicable open source license conditions and copyright notices that can be found in the licenses file, the Documentation or other materials accompanying the Software. In the event of a conflict between the licenses and restrictions set forth in this Section 3 and the terms of the open source license governing open source software, the terms of the open source software license will prevail.

Subscription License. 3.1 For Software licensed under a commercial license, Company grants to Customer a limited, non-exclusive, non- transferable license during the Subscription Term to use and reproduce such Software on Servers for which Customer has purchased a Subscription solely in connection with Customer’s internal operations. 3.2 All Servers on which the Software is installed must be covered by the same Subscription level. Upon termination or expiration of the Subscription, this Agreement and all licenses granted hereunder will terminate. Following such termination or expiration of the Subscription, upon request from Company, Customer will provide written confirmation to Company that it has: (a) removed or uninstalled the Software from all of its Servers which were licensed under a commercial license or (b) is using the Software pursuant to and in accordance with an open source license without use of Company’s marks. 3.3 Customer will not and will not allow any third party to: (a) decompile, disassemble, translate, reverse engineer or otherwise attempt to derive source code from any encrypted or encoded portion of the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage or permit others to do so (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions), (b) sell, sublicense, rent, lease, distribute, market, or commercialize the Software for any purpose, including timesharing or service bureau purposes, (c) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software, , (d) remove any product identification, proprietary, copyright or other notices contained in the Software, (e) modify or create a derivative work of any encrypted or encoded portion of the Software, or any other portion of the Software, (f) publicly disseminate performance information or analysis including, without limitation benchmarking test results; (g) use the Software other than on Server; or (h) change any proprietary rights notices which appear in the Software or Documentation. 3.4 The Software may include individual open source software components, each of which has its own copyright and its own applicable license conditions. Open source software is licensed to Customer under the terms of the applicable open source license conditions and copyright notices that can be found in the licenses file, the Documentation or other materials accompanying the Software. In the event of a conflict between the licenses and restrictions set forth in this Section 3 and the terms of the open source license governing open source software, the terms of the open source software license will prevail.