Common use of Company Source Code Clause in Contracts

Company Source Code. No Company Source Code has been delivered, licensed or made available to any escrow agent or other Person who is not, or was not, as of the date thereof, an Employee of the Company or any Subsidiary using such Company Source Code solely in connection with providing services for the Company or any Subsidiary subject to a Personnel Agreement. Neither the Company nor any Subsidiary has any duty or obligation (whether present, contingent, or otherwise) to deliver, license or make available any Company Source Code to any escrow agent or other Person. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) shall, or could reasonably be expected to, result in the authorized delivery, license, or disclosure of any Company Source Code to any other Person.

Appears in 1 contract

Sources: Merger Agreement (Procore Technologies, Inc.)

Company Source Code. No Neither the Company, any Company Source Code Entity, nor any other Person acting on its or their behalf has been delivereddisclosed, delivered or licensed or made available to any escrow agent Person, agreed to disclose, deliver or other Person who is notlicense to any Person, or was not, as of the date thereof, an Employee of the Company deposited or any Subsidiary using such Company Source Code solely in connection agreed to deposit with providing services for the Company or any Subsidiary subject to a Personnel Agreement. Neither the Company nor any Subsidiary has any duty or obligation (whether present, contingent, or otherwise) to deliver, license or make available any Company Source Code to any escrow agent or other Person, any Company Source Code, other than disclosures to Employees of the Company or a Company Entity bound by a Proprietary Information Agreement. No Person other than an Employee bound by a Proprietary Information Agreement has accessed or obtained any Company Source Code. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) shall, or could both) would reasonably be expected to, to result in the authorized delivery, license, disclosure or disclosure delivery of any Company Source Code to any Person (including escrow agents) other Personthan an Employee bound by a Proprietary Information Agreement.

Appears in 1 contract

Sources: Merger Agreement (Lumentum Holdings Inc.)

Company Source Code. No Company Source Code has been delivered, licensed or made available to any escrow agent or or, other than Company Source Code that is Open Source Material, to any other Person who is not, or was not, as of the date thereof, an Employee employee, consultant or independent contractor of the Company or any Subsidiary using such Company Source Code solely in connection with providing services for the Company or any Subsidiary subject to a Personnel Agreement. Neither the The Company nor any Subsidiary has any no duty or obligation (whether present, contingent, or otherwise) to deliver, license or make available any Company Source Code to any escrow agent or or, other than Company Source Code that is Open Source Material, to any other Person. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) shall, or could reasonably be expected to, result in the authorized delivery, license, or disclosure of any Company Source Code, other than Company Source Code that is Open Source Material, to any other Person.

Appears in 1 contract

Sources: Merger Agreement (PagerDuty, Inc.)

Company Source Code. The Company Source Code contains customary annotations and programmer’s comments, and otherwise has been documented in a professional manner that is both consistent with customary code annotation conventions and standard practices in the software industry. No Company Source Code has been delivered, licensed or made available to any escrow agent or other Person who is not, or was not, as of the date thereofof this Agreement, an Employee employee or consultant of the Company. The Company or any Subsidiary using such Company Source Code solely in connection with providing services for the Company or any Subsidiary subject to a Personnel Agreement. Neither the Company nor any Subsidiary has any no duty or obligation (whether present, contingent, or otherwise) to deliver, license or make available any Company Source Code to any escrow agent or other Person. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) shallwill, or could reasonably be expected to, result in the authorized delivery, license, or disclosure of any Company Source Code to any other Person.

Appears in 1 contract

Sources: Merger Agreement (Linkedin Corp)