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" OPTIONAL PROVISIONS Optional Provisions None of the following provisions shall be applicable to this Agreement or to an Order Fonn or Statement ofWark except to the extent expressly so stated therein or in the executed BindView Customer Agreement. 23. Additional License Rights 23.1 Internal distribu- tion I modification of Software Doeu. mentation 23.2 Affiliate-related use of Software 23.3 Affiliates may place orders a) Subject to subparagraph (b), you may (i) make and internally distribute copies and/or trans- lations of the Documentation or portions thereof, and (ii) modify andlor incorporate portions of the Documentation into customized Customer-Provided documentation and internally distrib- ute copies ofthe same. b) Your rights under subparagraph (a) are strictly limited to the sole purpose ofsupporting your use of such Software as pennitted by this Agreement and the applicable Order Fonn. c) You will ensure that all BindView proprietary legends in the Documentation are included in all copies, translations, modifications, or customizations of the Documentation that you make pursuant to subparagraph (a). a) You may use the Software for the benefit of your Affiliates in the same manner as for your own benefit under this Agreement. In addition, any of your Affiliates may use the Software in the same manner as you under and subject to this Agreement, including all applicable warranty disclaimers and remedy limitations. In either case, such use by, or for, a particular Affiliate may continue only for so long as it remains an Affiliate and for a transition period of up to one (1) year thereafter. (See also Section 23.3 concerning Affiliates' rights to enter into their own separate Order Fonns under this Agreement.) b) Upon our written request from time to time (but no more than once per year in the absence of good cause), you will provide us with a list of all Affiliates that are using the Software pur- suant to this Section 23.2, and all Affiliates for whose benefit the Software is being used pur- suant to this Agreement, and their respective numbers of License Units?3 c) Any such use by or for an Affiliate (1) shall be deemed your use for purposes ofdetennining whether you are in compliance with this Agreement, and (2) will be at no additional charge other than charges you would have to pay under this Agreement if such use were your own use (e.g., additional license- and/or maintenance fees if any). d) Any such Affiliate using the Software will be deemed to have agreed to comply with this Agreement. You will notify such Affiliate of the same and will be responsible for any non- compliance by it. a) Any of your Affiliates that desires to license particular Software on its own may, at its op- tion and with our agreement, enter into its own Order Fonn with us under this Agreement for such Software, on the same substantive (non-pricing) terms as those contained in this Agree- ment for such Software; pricing temlS will be as mutually agreed by BindView and such Af- filiate, each in its own sole discretion. b) If an Affiliate of yours does enter into its own Order Fonn with us, then (1) we will sepa- rately invoice such Affiliate for the associated license fees, maintenance fees, and mainte- nance-renewal fees, and (2) such Affiliate will be "you," as used in this Agreement, for pur~ poses of such Order Form. 33 Section 23.2: We need this infomwtion in part so that, ifan Affiliate calfs us for support, we will be able to verify that the Af- filiate is in fact entitled to receive support. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 32