Annex Free & Open Source Software for Mobile Apps Version 1/2014 1. Scope of Application 2.5 The time and expenses of Supplier incurred in 1.1 These provisions extend the terms of the contract connection with this procedure, and the resulting relating to the development and/or supply of applications obligations and their fulfillment, will be covered by the for mobile devices ('Principal Contract') between remuneration for the goods and services; the same Supplier and Daimler AG or companies affiliated with applies to the remuneration for the provision of the Daimler AG as defined in section 15 German Stock Approved FOSS and FOSS Derivatives. Corporation Act (AktG) ('Customer') with respect to the use of free software and open source software 3. Duties of Supplier (collectively referred to as 'FOSS'). To this extent they 3.1 Supplier shall fulfill all obligations arising from the use, take precedence over the provisions of the Principal Contract. Individual deviations must be agreed in modification and distribution of FOSS and FOSS writing with express reference to the provisions Derivatives, for and on behalf of Customer, unless this is concerned. not permitted under the terms of the respective FOSS License. Any restrictions in this respect may only be 1.2 Goods or services provided by Supplier may only agreed in the FOSS Disclosure Document. contain FOSS if Customer has given its express consent in writing in advance. In addition, Supplier shall enable Customer to fulfill all The term FOSS as used in this document encompasses such obligations itself, and shall ensure strict compliance all software that is, in principle, available at no cost and with the conditions and obligations agreed with which is subject to a license or other contractual Customer. provision ('FOSS License') that, as a requirement for the 3.2 Supplier shall design and structure its goods or services, modification and/or distribution of the software and/or and the software architecture in the case of software any other software associated with or derived from this development or modifications, in accordance with the software ('FOSS Derivative'), contains at least one of the requirements of Customer so that following conditions: a) software to be developed or modified for Customer a) the source code of such software and/or of a FOSS is not impaired by the FOSS or FOSS Derivatives Derivative must be made freely available to third used, in particular as a result of 'copyleft' or 'viral' parties; and/or effects. b) third parties must be allowed to create products b) the FOSS Licenses do not conflict with the digital derived from such software and/or FOSS signature of Customer. Derivatives; and/or c) certain information or documents, such as license 3.3 Approved FOSS and FOSS Derivatives must be text, must be included in the product documentation technically implemented in the goods or services in a and/or other materials supplied with the software manner that allows for them to be quickly and easily and/or agreed with the recipients. removed and replaced by a different product offering the same functions. 2. Consent of the Customer to the Use of FOSS or FOSS 3.4 Supplier must fulfill all obligations relating to the Derivatives Approved FOSS, in particular 2.1 The consent of Customer must be obtained for each a) at Customer's request, disclose and, where individual case in which Supplier wishes or intends to necessary, amend its organizational and technical modify or use FOSS or FOSS Derivatives as part of the processes with regard to FOSS (e.g. use of tools to provision of goods or services, or otherwise include detect FOSS), FOSS or FOSS Derivatives in the results of Supplier's b) provide Customer, no later than the date on which activities that are intended to remain with Customer. the goods or services are delivered, with the text of Supplier shall use the latest form provided by Customer the FOSS Licenses, the information to be included ('Free & Open Source Software (FOSS) Disclosure for in the product documentation and other components Mobile Apps', hereinafter referred to as 'FOSS required by Customer to create and use a workable Disclosure Document'). Supplier must present the fully version of the Approved FOSS (such as modified and correctly completed FOSS Disclosure Document to build scripts), including the source codes of the Customer together with or prior to the offer for the FOSS and any FOSS Derivatives and goods or services concerned. c) acquire and provide, at its own cost, licenses for industrial property rights and other third-party rights 2.2 Customer will decide at its own discretion on the use of that are required for the use of the Approved FOSS FOSS. Consent may be made dependent on certain in order to ensure that Customer is granted rights of conditions for the use of FOSS or FOSS Derivatives, use as set out in the Principal Contract. which will then become duties of Supplier under the Principal Contract. Consent will only be granted 3.5 If Supplier uses several FOSS, it will undertake expressly and in writing ('Approved FOSS'); silence appropriate measures to ensure the mutual compatibility does not imply consent. of the individual FOSS Licenses and their compatibility as a whole with any other software to be developed or 2.3 Supplier shall submit a fully and correctly completed used, e.g. by designing and structuring the software FOSS Disclosure Document for the current status of accordingly. goods or services when providing the goods or services. This is a prerequisite for the provision of the goods or 3.6 To the extent required by the respective FOSS Licenses services in full and according to the contract. or if so requested by Customer, Supplier shall provide the respective FOSS projects with the FOSS Derivatives 2.4 This procedure will apply again in the event of any created by Supplier. This will always be done in prior changes to the FOSS or FOSS Derivatives, even if the consultation with Customer and only to the extent that change only involves the release of a new version, and in the FOSS Derivatives are non-differentiating and are the event of any changes to the use approved by classified as commodities, and if there are no conflicting Customer. confidentiality agreements, patents or other legal Page 1 of 2