Common use of No Open Source Software Clause in Contracts

No Open Source Software. Cireson represents and warrants that none of the applications comprising the Software as delivered to the Cireson Reseller contain any code or materials subject to non-negotiable licenses, including, without limitation, any “open source” or “freeware” software or any other materials requiring that software combined or distributed with such materials be disclosed or distributed in source code form, licensed for the purpose of making derivative works, or re-distributable at no charge or subject to material limitations or conditions. Disclaimer. LICENSEE ACKNOWLEDGES THAT NO EXPRESS WARRANTIES HAVE BEEN MADE BY CIRESON OTHER THAN THOSE SET FORTH HEREIN. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S USE OF THE INFORMATION OR INFRINGEMENT OTHER THAN THOSE SET FORTH HEREIN. THESE WARRANTIES AND THE ASSOCIATED REMEDIES ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Software License and Maintenance Agreement, Software License and Maintenance Agreement