Common use of No Copyleft Clause in Contracts

No Copyleft. To the knowledge of Genentech and its Affiliates, any Neoepitope Prediction Algorithm within the Genentech IP and the Neoepitope Prediction Software used by Genentech in its Neoepitope Prediction Algorithm as of the Execution Date are not, do not contain or incorporate, and are not bundled, combined, or linked with, any software or other materials in a form or manner which creates, or purports to create, obligations (i) for a licensee to license its own intellectual property rights, including Patents, to any Third Parties or (ii) that a licensee’s software or other materials must: (A) be disclosed or distributed in source code form; (B) be licensed for the purpose of making derivative works; or (C) be redistributable at no charge. Without limiting the foregoing:

No Copyleft. To the knowledge of Genentech BioNTech and its Affiliates, any Neoepitope Prediction Algorithm within the Genentech BioNTech IP and the Neoepitope Prediction Software used by Genentech BioNTech in its Neoepitope Prediction Algorithm as of the Execution Date are not, do not contain or incorporate, and are not bundled, combined, or linked with, any software or other materials in a form or manner which creates, or purports to create, obligations (i) for a licensee to license its own intellectual property rights, including Patents, to any Third Parties or (ii) that a licensee’s software or other materials must: (A) be disclosed or distributed in source code form; (B) be licensed for the purpose of making derivative works; or (C) be redistributable at no chargecharge (such software or other materials collectively, “Copyleft Software”). Without limiting the foregoing: