Summary of Voluntary Commitments in Connection with Hypergene's Acquisition of Stratsys

This communication is issued in connection with the Swedish Competition Authority's (Konkurrensverket) review of Hypergene's acquisition of Stratsys, which was approved following Hypergene's submission of voluntary commitments to the Authority.

The commitments cover the following main points (the full text of the commitments can be found here).

• Hypergene commits to allowing other software vendors to become certified resellers of the Stratsys strategic planning product and associated user licenses, for sale to public sector customers.
• Hypergene commits to establishing information barriers to protect software vendors' sensitive information, and further commits to not using such information in its own operational activities.
• The Stratsys strategic planning product and associated user licenses will be offered to all certified software vendors on fair, reasonable, and non-discriminatory (FRAND) terms. With regard to pricing, the Stratsys strategic planning product will be offered to software vendors at a discounted price based on Stratsys's actually applied prices, though prices may be adjusted in line with applicable cost indices.
• Hypergene commits to maintaining and publishing documented, open, and fully functional integration capabilities for the Stratsys strategic planning product, made available to resellers free of charge and on FRAND terms.
• Public sector customers using the Stratsys strategic planning product will be entitled to terminate their subscription to the product without charge, and with full access to their customer data, within twelve months of the completion of Hypergene's acquisition of Stratsys, should the customer determine that the acquisition has materially and adversely affected the terms, quality, or price of the services provided to them.
• Hypergene will be responsible for operating the Stratsys strategic planning product in accordance with a service level agreement (SLA) equivalent to the SLA Hypergene offers its own customers. Hypergene further commits to taking all commercially reasonable measures to ensure that the Stratsys strategic planning product remains a competitive solution.
• Certified resellers will be entitled to enter into agreements with public sector customers for the Stratsys strategic planning product for a period of five years from the completion of Hypergene's acquisition of Stratsys. For contracts already won, the right to sell the product extends for the duration of the contract term, up to a maximum of seven years.
• To ensure compliance with the voluntary commitments, an external monitoring trustee has been appointed, to whom affected parties may submit complaints if they consider that Hypergene is not fulfilling its commitments. Contact details for the monitoring trustee are set out below.

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