Common use of No Public Software Clause in Contracts

No Public Software. To the knowledge of the Warrantors, no Public Software forms part of any material product or service provided by any Group Company or was or is used in connection with the development of any material product or service provided by any Group Company or is incorporated into, in whole or in part, or has been distributed with, in whole or in part, any material product or service provided by any Group Company. To the knowledge of the Warrantors, no Software included in any Company Owned IP has been or is being distributed, in whole or in part, or was used, or is being used in conjunction with any Public Software in a manner which would require that such Software be disclosed or distributed in source code form or made available at no charge. “Public Software” means any Software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (A) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (B) the Artistic License (e.g., PERL), (C) the Mozilla Public License, (D) the Netscape Public License, (E) the Sun Community Source License (SCSL), (F) the Sun Industry Standards License (SISL), (G) the BSD License, and (H) the Apache License.

Appears in 2 contracts

Sources: Series C Preferred Shares Purchase Agreement (InnoLight Technology Corp), Series C Preferred Shares Purchase Agreement (InnoLight Technology Corp)