Common use of Third Party Software and Content Clause in Contracts

Third Party Software and Content. ‌ (a) Catapult may provide you with access to, or require you to use, either or both of Third Party Content and Third Party Technology (each a Separately Licensed Offering). (b) You must comply with any Separate Terms that govern any Separately Licensed Offerings. Your rights to use any Separately Licensed Offerings are subject to, and governed by, such Separate Terms. The third party owner, author or provider of each Separately Licensed Offering retains all ownership and intellectual property rights in, and to, that Separately Licensed Offering. (c) Some Separately Licensed Offerings (such as third-party direct payment gateways, e-commerce platforms, and other payment transaction processors) may require you to leave a Catapult Website and be redirected to a third-party website or application. In this case, you are no longer governed by the Privacy Policy or provisions of this agreement that relate to a Catapult Website. Catapult is not responsible for the privacy practices of third-party websites or applications and encourages you to read their privacy statements. (d) Catapult may put you on notice of any such Separate Terms, and provide notices in relation to such Separate Terms, by providing the same in your Order, the Documentation, specifications, readme or notice files, via a pop-up in the Software, emailing you or otherwise notifying you in accordance with clause 22. (e) For the purposes of this clause 5.5, Catapult notifies you of the following Separately Licensed Offerings: (i) if you or any of your Personnel install or use the Software on a device bearing the branding or a trademark of Apple Inc., then Apple’s Minimum Terms of Developer’s End-User License Agreement as incorporated into the XXXX will apply; (f) Catapult may, by providing a prominent notice on a Catapult Website, via a pop-up in the Software, emailing you or otherwise notifying you in accordance with clause 22, change or vary the Separate Terms from time to time:‌ (i) to comply with a reasonable request from a third-party owner, author or provider of a Separately Licensed Offering; (ii) as a consequence of any amendments to agreements between Catapult and a third-party owner, author or provider of a Separately Licensed Offering; (iii) as required by law; or (iv) otherwise to reasonably protect the legitimate interests of Catapult or the third-party owner, author or provider of a Separately Licensed Offering. (g) You may terminate the portion of this agreement relevant to the Separately Licensed Offering within 30 days of receiving written notice from Catapult under clause 5.5(f) above by providing Catapult with written notice of such termination if any changes to the Separately Licensed Offering would do any one or more of the following: (i) materially degrade the Products, Software or Services ordered by you on the applicable Order; (ii) require you to purchase or procure additional Products, Software or Services from Catapult; (iii) add additional material obligations for you; and (iv) limit or diminish your rights or remedies under this agreement.

Third Party Software and Content. ‌ (a) Catapult may provide you with access to, or require you to use, either or both of Third Party Content and Third Party Technology (each a Separately Licensed Offering). (b) You must comply with any Separate Terms that govern any Separately Licensed Offerings. Your rights to use any Separately Licensed Offerings are subject to, and governed by, such Separate Terms. The third party owner, author or provider of each Separately Licensed Offering retains all ownership and intellectual property rights in, and to, that Separately Licensed Offering. (c) Some Separately Licensed Offerings (such as third-party direct payment gateways, e-commerce platforms, and other payment transaction processors) may require you to leave a Catapult Website and be redirected to a third-party website or application. In this case, you are no longer governed by the Privacy Policy or provisions of this agreement that relate to a Catapult Website. Catapult is not responsible for the privacy practices of third-party websites or applications and encourages you to read their privacy statements. (d) Catapult may put you on notice of any such Separate Terms, and provide notices in relation to such Separate Terms, by providing the same in your Order, the Documentation, specifications, readme or notice files, via a pop-up in the Software, emailing you or otherwise notifying you in accordance with clause 22. (e) For the purposes of this clause 5.5, Catapult notifies you of the following Separately Licensed Offerings: (i) if you or any of your Personnel install or use the Software on a device bearing the branding or a trademark of Apple Inc., then Apple’s Minimum Terms of Developer’s End-User License Agreement as incorporated into the XXXX will apply; (f) Catapult may, by providing a prominent notice on a Catapult Website, via a pop-up in the Software, emailing you or otherwise notifying you in accordance with clause 22, change or vary the Separate Terms from time to time:‌ (i) to comply with a reasonable request from a third-party owner, author or provider of a Separately Licensed Offering; (ii) as a consequence of any amendments to agreements between Catapult and a third-party owner, author or provider of a Separately Licensed Offering; (iii) as required by law; or (iv) otherwise to reasonably protect the legitimate interests of Catapult or the third-party owner, author or provider of a Separately Licensed Offering. (g) You may terminate the portion of this agreement relevant to the Separately Licensed Offering within 30 days of receiving written notice from Catapult under clause 5.5(f) above by providing Catapult with written notice of such termination if any changes to the Separately Licensed Offering would do any one or more of the followingof: (i) materially degrade the Products, Software or Services ordered by you on the applicable Order; (ii) require you to purchase or procure additional Products, Software or Services from Catapult; (iii) add additional material obligations for you; and (iv) limit or diminish your rights or remedies under this agreement.

Third Party Software and Content. ‌ (a) Catapult may provide you with access to, or require you to use, either or both of Third Party Content and Third Party Technology (each a Separately Licensed Offering). (b) You must comply with any Separate Terms that govern any Separately Licensed Offerings. Your rights to use any Separately Licensed Offerings are subject to, and governed by, such Separate Terms. The third party owner, author or provider of each Separately Licensed Offering retains all ownership and intellectual property rights in, and to, that Separately Licensed Offering. (c) Some Separately Licensed Offerings (such as third-party direct payment gateways, e-commerce platforms, and other payment transaction processors) may require you to leave a Catapult Website and be redirected to a third-party website or application. In this case, you are no longer governed by the Privacy Policy or provisions of this agreement that relate to a Catapult Website. Catapult is not responsible for the privacy practices of third-party websites or applications and encourages you to read their privacy statements. (d) Catapult may put you on notice of any such Separate Terms, and provide notices in relation to such Separate Terms, by providing the same in your Order, the Documentation, specifications, readme or notice files, via a pop-up in the Software, emailing you and any other methods of electronic or otherwise notifying you in accordance with clause 22written communication. (e) For the purposes of this clause 5.5, Catapult notifies you of the following Separately Licensed Offerings: (i) if you or any of your Personnel install or use the Software on a device bearing the branding or a trademark of Apple Inc., then Apple’s Minimum Terms of Developer’s End-User License Agreement as incorporated into the XXXX will apply; (fd) Catapult may, by providing a prominent written notice on a Catapult Website, via a pop-up in the Software, emailing you or otherwise notifying you in accordance with clause 22to you, change or vary the Separate Terms from time to time:‌time: (i) to comply with a reasonable request from a third-party owner, author or provider of a Separately Licensed Offering; (ii) as a consequence of any amendments to agreements between Catapult and a third-party owner, author or provider of a Separately Licensed Offering; (iii) as required by law; or (iv) otherwise to reasonably protect the legitimate interests of Catapult or the third-party owner, author or provider of a Separately Licensed Offering. (ge) You may terminate the portion of this agreement relevant to the Separately Licensed Offering within 30 days of receiving written notice from Catapult under clause 5.5(f(d) above by providing Catapult with written notice of such termination if any changes to the Separately Licensed Offering would do any one or more of the following: (i) materially degrade the Products, Software or Services ordered by you on the applicable Order; (ii) require you to purchase or procure additional Products, Software or Services from Catapult; (iii) add additional material obligations for you; and (iv) limit or diminish your rights or remedies under this agreementAgreement.

Third Party Software and Content. ‌ (a) Catapult may provide you with access to, or require you to use, either or both of Third Party Content and Third Party Technology (each a Separately Licensed Offering). (b) You must comply with any Separate Terms that govern any Separately Licensed Offerings. Your rights to use any Separately Licensed Offerings are subject to, and governed by, such Separate Terms. The third party owner, author or provider of each Separately Licensed Offering retains all ownership and intellectual property rights in, and to, that Separately Licensed Offering. (c) Some Separately Licensed Offerings (such as third-party direct payment gateways, e-commerce platforms, and other payment transaction processors) may require you to leave a Catapult Website and be redirected to a third-party website or application. In this case, you are no longer governed by the Privacy Policy or provisions of this agreement that relate to a Catapult Website. Catapult is not responsible for the privacy practices of third-party websites or applications and encourages you to read their privacy statements. (d) Catapult may put you on notice of any such Separate Terms, and provide notices in relation to such Separate Terms, by providing the same in your Order, the Documentation, specifications, readme or notice files, via a pop-up in the Software, emailing you or otherwise notifying you in accordance with clause 22... (ed) For the purposes of this clause 5.5, Catapult notifies you of the following Separately Licensed Offerings: (i) if you or any of your Personnel install or use the Software on a device bearing the branding or a trademark of Apple Inc., then Apple’s Minimum Terms of Developer’s End-User License Agreement as incorporated into the XXXX will apply; (fe) Catapult may, by providing a prominent notice on a the Catapult Website, via a pop-up in the Software, emailing you or otherwise notifying you in accordance with clause 22, change or vary the Separate Terms from time to time:‌ (i) to comply with a reasonable request from a third-party owner, author or provider of a Separately Licensed Offering; (ii) as a consequence of any amendments to agreements between Catapult and a third-party owner, author or provider of a Separately Licensed Offering; (iii) as required by law; or (iv) otherwise to reasonably protect the legitimate interests of Catapult or the third-party owner, author or provider of a Separately Licensed Offering. (gf) You may terminate the portion of this agreement relevant to the Separately Licensed Offering within 30 days of receiving written notice from Catapult under clause 5.5(f(d) above by providing Catapult with written notice of such termination if any changes to the Separately Licensed Offering would do any one or more of the following: (i) materially degrade the Products, Software or Services ordered by you on the applicable Order; (ii) require you to purchase or procure additional Products, Software or Services from Catapult; (iii) add additional material obligations for you; and (iv) limit or diminish your rights or remedies under this agreement.