Open Source Materials. Schedule 3.17(m) lists all Open Source Materials that the Company or any Subsidiary has incorporated into any Company Products and describes the manner in which such Open Source Materials have been utilized, including, without limitation, whether and how the Open Source Materials have been modified, licensed and/or distributed by the Company and each Subsidiary. Except as specifically disclosed in Schedule 3.17(m), neither the Company nor any Subsidiary has (i) incorporated Open Source Materials into, or combined Open Source Materials with, any Company Product; (ii) used Open Source Materials in Company Products in a manner that creates obligations for the Company or any Subsidiary, as a condition of Exploitation of such Open Source Materials, to cause any Company Owned Intellectual Property to be (x) disclosed, distributed or otherwise made available in source code form, (y) licensed for the purpose of making derivative works or (z) redistributable at no charge or minimal charge.
Appears in 2 contracts
Sources: Merger Agreement (Veeco Instruments Inc), Merger Agreement (Veeco Instruments Inc)