Common use of Open Source Code Clause in Contracts

Open Source Code. Section 2.13(k) of the Disclosure Schedule lists all Open Source Materials that the Seller has either incorporated into the Customer Offering or Internal Systems, and/or those Customer Offerings and/or Internal Systems (or portions thereof) that are derivative works of Open Source Materials. Except as identified in Section 2.13(k) of the Disclosure Schedules, the Seller has not (i) incorporated Open Source Materials into, or combined Open Source Materials with, the Customer Offerings; or (ii) used Open Source Materials that create, or purport to create, obligations for the Seller with respect to the Customer Offerings or grant, or purport to grant, to any third party, any rights or immunities under Intellectual Property rights (including, but not limited to, using any Open Source Materials that require, as a condition of Exploitation of such Open Source Materials, that other Software incorporated into, derived from or distributed with such Open Source Materials be (x) disclosed or distributed in source code form, (y) licensed for the purpose of making derivative works, or (z) redistributable at no charge or minimal charge). Seller has no distributed Open Source Materials in conjunction with any other software developed or distributed by the Seller.

Open Source Code. Section 2.13(k) of the Disclosure Schedule lists all Open Source Materials that the Seller Company has either incorporated into the Customer Offering or Internal Systems, and/or those Customer Offerings and/or Internal Systems (or portions thereof) that are derivative works of Open Source Materials. Except as identified in Section 2.13(k) of the Disclosure Schedules, the Seller Company has not (i) incorporated Open Source Materials into, or combined Open Source Materials with, the Customer Offerings; or (ii) used Open Source Materials that create, or purport to create, obligations for the Seller Company with respect to the Customer Offerings or grant, or purport to grant, to any third party, any rights or immunities under Intellectual Property rights (including, but not limited to, using any Open Source Materials that require, as a condition of Exploitation of such Open Source Materials, that other Software incorporated into, derived from or distributed with such Open Source Materials be (x) disclosed or distributed in source code form, (y) licensed for the purpose of making derivative works, or (z) redistributable at no charge or minimal charge). Seller Company has no distributed Open Source Materials in conjunction with any other software developed or distributed by the SellerCompany.