Extract to table

17/901,201 through 17/901,206), together with related know-how, trade secrets, technical data, source code, algorithms, documentation, and other proprietary information; WHEREAS, Licensee develops and markets the "Stratos" enterprise cloud-management platform and hybrid-cloud hardware appliances to mid-market and enterprise customers across multiple industry verticals throughout the United States and internationally; WHEREAS, Licensee desires to obtain an exclusive license to the DeltaSync Platform technology and patents for integration into the Stratos platform for the purpose of enabling real-time cache coherence for multi-region customer deployments, thereby enhancing the performance, scalability, and reliability of Licensee's cloud-management offerings; WHEREAS, the Parties entered into that certain Mutual Nondisclosure Agreement, effective June 19, 2023 (the "NDA"), governing the exchange of confidential and proprietary information between the Parties in connection with the evaluation and negotiation of the transactions contemplated hereby, and each Party has provided certain confidential information to the other Party pursuant to the terms of the NDA; WHEREAS, Licensor desires to grant, and Licensee desires to obtain, such license on the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of the mutual covenants, agreements, representations, and warranties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the Parties, the Parties hereby agree as follows: ARTICLE 1: DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed to them below

Capitalized terms used but not defined in this Article 1 shall have the meanings ascribed to them elsewhere in this Agreement

1 "Affiliate" shall mean, with respect to any Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party

To the extent of any conflict between the confidentiality provisions of the NDA and the provisions of Article 9 of this Agreement, the more protective provisions shall control

3 "DeltaSync Patents" shall mean, collectively, U

4 "DeltaSync Pending Applications" shall mean, collectively, U