Common use of No Restrictions on PalmSource’s Ordinary Course Activities Clause in Contracts

No Restrictions on PalmSource’s Ordinary Course Activities. Notwithstanding the foregoing, nothing in this Agreement shall be construed as restricting or limiting PalmSource from conducting development and other activities in the ordinary course of its business as of the Effective Date and as similar activities thereto that may be conducted in the future, including, without limitation: (i) at any time soliciting, receiving or implementing any suggestions, error corrections, requests, features or technology from any PalmSource Licensee or any other third party; (ii) working with, and permitting access to and modification of source code by, contractors, testing labs, application developers, suppliers and licensors or participating in standards bodies or other committees or organizations for developing or promoting software, interfaces or other technology; (iii) providing and permitting modifications of source code in connection with any escrow account, customer support or maintenance obligations or the like; (iv) providing and permitting modifications of source code for selected portions and modules of the PS OS Software to PalmSource Licensees, developers and other third parties or receiving, using, and/or obtaining ownership or licenses to such modifications; (v) working with PalmSource Licensees and other third parties to evaluate, test and modify APIs and compatibility requirements; (vi) complying with its existing agreements and all legal and regulatory requirements; and (vii) permitting the management and control of PalmSource by, and the exercise of all other rights and privileges of, the Affiliates and shareholders of PalmSource, whether or not such entities are PalmSource Licensees. PalmSource’s aforementioned activities shall be subject to its obligation of notification provided in Section 3.4 above if such activities meet the requirements for notification expressly set forth in Section 3.4.

Appears in 2 contracts

Samples: Strategic Collaboration Agreement (Palm Inc), Strategic Collaboration Agreement (Palmsource Inc)

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No Restrictions on PalmSource’s Ordinary Course Activities. Notwithstanding the foregoing, nothing in this Agreement shall be construed as restricting or limiting PalmSource from conducting development and other activities in the ordinary course of its business as of the Effective Date and as similar activities thereto that may be conducted in the future, including, without limitation: (i) at any time soliciting, receiving or implementing any suggestions, error corrections, requests, features or technology from any PalmSource Licensee or any other third party; , (ii) working with, and permitting access to and modification of source code by, contractors, testing labs, application developers, suppliers and licensors or participating in standards bodies or other committees or organizations for developing or promoting software, interfaces or other technology; , (iii) providing and permitting modifications of source code in connection with any escrow account, customer support or maintenance obligations or the like; , (iv) providing and permitting modifications of source code for selected portions and modules of the PS OS Palm Software to PalmSource Licensees, developers and other third parties or receiving, using, and/or obtaining ownership or licenses to such modifications; , (v) working with PalmSource Licensees and other third parties to evaluate, test and modify APIs and compatibility requirements; , (vi) complying with its existing agreements and all legal and regulatory requirements; , and (vii) permitting the management and control of PalmSource by, and the exercise of all other rights and privileges of, the Affiliates and shareholders of PalmSource, whether or not such entities are PalmSource Licensees. PalmSource’s aforementioned activities shall be subject to its obligation of notification provided in Section 3.4 II(4) above if such activities meet the requirements for notification expressly set forth in Section 3.4.II(4). SONY AND PALMSOURCE CONFIDENTIAL

Appears in 1 contract

Samples: Business Collaboration Agreement (Palmsource Inc)

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No Restrictions on PalmSource’s Ordinary Course Activities. Notwithstanding the foregoing, nothing in this Agreement shall be construed as restricting or limiting PalmSource from conducting development and other activities in the ordinary course of its business as of the Effective Date and as similar activities thereto that may be conducted in the future, including, without limitation: (i) at any time soliciting, receiving or implementing any suggestions, error corrections, requests, features or technology from any PalmSource Licensee or any other third party; , (ii) working with, and permitting access to and modification of source code by, contractors, testing labs, application developers, suppliers and licensors or participating in standards bodies or other committees or organizations for developing or promoting software, interfaces or other technology; , (iii) providing and permitting modifications of source code in connection with any escrow account, customer support or maintenance obligations or the like; , (iv) providing and permitting modifications of source code for selected portions and modules of the PS OS Palm Software to PalmSource Licensees, developers and other third parties or receiving, using, and/or obtaining ownership or licenses to such modifications; , (v) working with PalmSource Licensees and other third parties to evaluate, test and modify APIs and compatibility requirements; , (vi) complying with its existing agreements [**] Confidential treatment has been requested for the bracketed portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. SONY AND PALMSOURCE CONFIDENTIAL and all legal and regulatory requirements; , and (vii) permitting the management and control of PalmSource by, and the exercise of all other rights and privileges of, the Affiliates and shareholders of PalmSource, whether or not such entities are PalmSource Licensees. PalmSource’s aforementioned activities shall be subject to its obligation of notification provided in Section 3.4 II(4) above if such activities meet the requirements for notification expressly set forth in Section 3.4II(4).

Appears in 1 contract

Samples: Business Collaboration Agreement (Palmsource Inc)

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