Common use of Access to Development Code Clause in Contracts

Access to Development Code. PalmSource shall not be required to provide access to any Development Code prior to the effective date of the Strategic Collaboration Agreement. Thereafter, as long as the Strategic Collaboration Agreement remains in effect, PalmSource will provide Licensee with access to the particular Development Code required for co-development projects to be performed by the parties under the Strategic Collaboration Agreement in accordance with the provisions of Appendix A and the respective co-development agreement. If the provisions of Appendix A conflict with the Agreement, the Strategic Collaboration Agreement, or a Co-Development Agreement under the Strategic Collaboration Agreement with respect to Licensee’s access to or use of Development Code, the order of precedence shall be as follows: first the particular Co-Development Agreement for such development project, then the Strategic Collaboration Agreement, then Appendix A and finally the remainder of this Agreement; provided, however, that PalmSource shall not change, alter, modify or supplement Appendix A in any way that adversely affects, interferes with or detracts from Licensee’s ability to access and use the Development Code in any material respect.