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MKS Software Supplement

EXHIBIT: MKS SOFTWARE SUPPLEMENT

Additional Definitions.  “MKS Toolkit Software Programs” means any of the software programs and Documentation which is defined as the printed or electronic instructions, manuals, and diagrams pertaining to the software programs provided to PowerSchool by Parametric Technology Corporation formerly MKS, Inc. (“MKS”) and identified under the name ” MKS ” in Exhibit B.

  1. Ownership. MKS owns the MKS Toolkit Software Programs.
  1. Restrictions on Use of MKS Toolkit Software Programs. Client’s use of the MKS Toolkit Software Programs is subject to the following additional terms and conditions:
    1. Client has the right to use the MKS Toolkit Software Programs only in Object Code form, and only with the PowerSchool Licensed Software.
    2. Client acknowledges that the MKS Toolkit Software Programs are proprietary to MKS and are supplied by PowerSchool under license from MKS. Title to the MKS Toolkit Software Programs shall at all times remain vested in MKS or its designated successor.  Except for the right of use that is expressly provided to Client under the Agreement, no right, title or interest in or to the MKS Toolkit Software Programs is granted to Client;
    3. Client agrees that MKS shall not be liable for any indirect, incidental, special, or consequential damages, arising from the Client’s use of the MKS Toolkit Software Programs or related materials;
    4. Client acknowledges and agrees that MKS is a third party beneficiary of this Agreement;
    5. Client acknowledges and understands that the MKS Toolkit Software Programs may only be used by the number of users for the specific functions for which the license has been granted, as otherwise specified in Exhibit B and;
    6. The warranty provided in the Agreement applies to MKS Toolkit Software Programs.
    7. Client acknowledges and understands the MKS Toolkit Software Programs are  “commercial items”, developed exclusively at private expense, consisting of “commercial  computer software” and “commercial computer software documentation” (as such terms are defined in the applicable acquisition regulations). If Client is the U.S. Government or any agency or department thereof (the “Government”), the MKS Toolkit Software Programs are licensed hereunder (i) only as a commercial item, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement.
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