obstacles. In cases of doubt, Customer will decide. 6.3 Upon request, Supplier shall cease to use subcontractors for Customer in connection with FOSS if Customer has 4. Liability and Warranty good cause to doubt the subcontractors’ reliability and 4.1 This document does not establish a responsibility of willingness to cooperate in terms of compliance with Customer's requirements for the use of FOSS. Supplier Supplier for the FOSS and FOSS Derivatives per se, shall bear any costs thereby incurred. save where permitted by the respective FOSS License. Nevertheless, Supplier is obliged to assume liability and provide a warranty for goods or services supplied under 7. General Provisions the terms of the Principal Contract, including those in 7.1 The provisions of the Principal Contract concerning which FOSS or FOSS Derivatives are used. intellectual property rights and rights to use the goods or 4.2 As part of its warranty obligations Supplier shall, services also apply to modified versions of FOSS. without restriction to its duties under clause 3 and save for where this is not permitted under the terms of the If the foregoing clause or any FOSS Licenses give rise respective FOSS License, provide at its own cost to restrictions on the duties of Supplier arising from the maintenance services for the FOSS and FOSS Principal Contract or from this document with respect to Derivatives in accordance with the Principal Contract, in the distribution of unchanged FOSS, such restrictions particular for the rectification of defects. This includes must be expressly agreed in writing in advance and must the obligation to examine the FOSS and FOSS make explicit reference to this document and the Derivatives for potential faults prior to initial use, and Principal Contract. continuously thereafter, and to remedy such faults, in 7.2 Upon request, Supplier shall take all action required to particular if they have security implications. Such be taken by Customer in order to be able to grant rights corrections will be included in the scope of goods or to third parties (such as customers) in accordance with services if Customer grants its consent. the respective FOSS License, in particular making the 4.3 Supplier shall provide integration support for the FOSS source codes publicly available. This also includes the and FOSS Derivatives as requested by Customer and in preparation and publication of documentation, the accordance with the provisions of the Principal Contract, archiving and version management of the individual unless this is not permitted under the terms of the FOSS and FOSS Derivatives, their clear allocation to respective FOSS License. individual goods or services and, if necessary, the 4.4 If Supplier breaches an obligation described herein, it provision and dissemination of the FOSS and FOSS shall indemnify Customer and its affiliated companies Derivatives to third parties in accordance with the and the sales partners, dealers and end customers of respective FOSS Licenses on behalf of Customer. Customer in respect of all claims, losses and costs 7.3 Supplier shall give the required information concerning arising as a result and shall defend the aforementioned the FOSS covered by this document. The nature and parties against third-party claims. Customer may also extent of the information will be agreed with Customer. opt to defend itself. Supplier shall bear the costs of court and out-of-court proceedings including reasonable 7.4 No separate remuneration will be paid for the provision attorney’s fees, even if the defense relates to a merely of Approved FOSS and FOSS Derivatives. The alleged claim. remuneration according to the Principal Contract remains unaffected. 5. Changes 7.5 This document is governed exclusively by the law of the 5.1 Any changes to the FOSS approved by Customer will Federal Republic of Germany, to the exclusion of the require the prior consent of Customer. The procedure for UN Convention on Contracts for the International Sale first use of FOSS will apply accordingly. Supplier shall of Goods (CISG). The courts of Stuttgart have exclusive obtain Customer's approval for changes in good time, jurisdiction for all disputes. This is without prejudice to stating the planned date on which the changes are to be mandatory statutory jurisdictional requirements. No included in the goods or services provided. The arbitration or conciliation agreement has been procedure for changes described in the Principal concluded. Contract will apply in respect of any further implications 7.6 The German version of this document is authoritative. that changes to FOSS may have for the goods or services Translations are provided for convenience only. covered by the Principal Contract. 5.2 Customer may, at its own reasonable discretion and in consideration of Supplier's interests, demand reasonable changes and additions to the use of FOSS at any time until the respective goods or services are delivered or accepted. 6. Duties of Subcontractors 6.1 The use of subcontractors is governed by the provisions of the Principal Contract. The commissioning of subcontractors does not affect Supplier's responsibility to Customer for the provision of the contracted goods or services, in particular with regard to the granting of rights to use the work results. 6.2 Supplier shall select any subcontractors carefully with respect to the requirements set out herein, monitor them and include them in its information and work processes concerning FOSS. This will be demonstrated by suitable documentation, such as excerpts from the corresponding agreements. Customer will be entitled to contact subcontractors directly in order to clarify queries relating to the FOSS used. in such a case Supplier will be informed. Page 2 of 2