Common use of Open Source Materials Clause in Contracts

Open Source Materials. Section 2.17(k) of the Disclosure Schedule sets forth a true, correct and complete list of all Open Source Materials that Seller utilizes in any way in the Exploitation of Customer Offerings or Internal Systems and describes the manner in which such Open Source Materials are utilized, including whether and how the Open Source Materials have been modified and/or distributed by Seller. Seller has not used Open Source Materials in a manner that would create, or purport to create, an obligation of 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 using any Open Source Materials that require, as a condition of Exploitation of such Open Source Materials, that any Software that incorporates, is incorporated into, is derived from or is distributed along with such Open Source Materials be (i) made available, disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative works, (iii) redistributable at no charge or minimal charge), or (iv) licensed under terms that allow reverse engineering, reverse assembly or disassembly of any kind.

Appears in 2 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (Cynosure Inc)