Common use of Open Source Software Clause in Contracts

Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL ALCIT, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE

Open Source Software. A portion of the The Software may contain come bundled or consist of open source softwareotherwise be distributed with Open Source Software that is subject solely to the agreement terms, which you may use under the terms conditions, limitations, and conditions disclaimers of the specific license (each “Different Terms”) under which such Opens Source Software is redistributed to Company by Trend Micro and NOT this Agreement. Different Terms applicable to any Open Source Software redistributed in any Software provided hereunder will be identified by Trend Micro in the open source software is distributedDocumentation for, and/or in a "Read Me" or an "About" file in, the Software. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "BY TREND MICRO “AS IS" , WITH ALL FAULTS, AS AVAILABLE” WITHOUT (AND TREND MICRO SPECIFICALLY DISCLAIMS) ANY WARRANTY OR GUARANTEE, CONDITION, OR WARRANTY (EXPRESS, IMPLIED, OR OTHERWISE) OF ANY KIND OR NATURE, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND/OR ANY WARRANTY REGARDING TITLE OR AGAINST NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, TREND MICRO SHALL HAVE NO EVENT SHALL ALCIT, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS HOWSOEVER CAUSED AND/OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND OTHERWISE BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES.

Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITIONWARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL ALCITDELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE SUBSTUTUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the The Software may contain come bundled or consist of open source softwareotherwise be distributed with Open Source Software that is subject solely to the agreement terms, which you may use under the terms conditions, limitations, and conditions disclaimers of the specific license (each “Different Terms”) under which such Opens Source Software is redistributed to Company by TXOne Networks and NOT this Agreement. Different Terms applicable to any Open Source Software redistributed in any Software provided hereunder will be identified by TXOne Networks in the open source software is distributedDocumentation for, and/or in a "Read Me" or an "About" file in, the Software. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "BY TXONE NETWORKS “AS IS" , WITH ALL FAULTS, AS AVAILABLE” WITHOUT (AND TXONE NETWORKS SPECIFICALLY DISCLAIMS) ANY WARRANTY OR GUARANTEE, CONDITION, OR WARRANTY (EXPRESS, IMPLIED, OR OTHERWISE) OF ANY KIND OR NATURE, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND/OR ANY WARRANTY REGARDING TITLE OR AGAINST NON- INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, TXONE NETWORKS SHALL HAVE NO EVENT SHALL ALCIT, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS HOWSOEVER CAUSED AND/OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND OTHERWISE BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF TXONE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES.

Open Source Software. A portion of the The Software may contain include, or consist may be distributed on the same media or in the same download with Open Source Software, of open source software, which you may use under the terms are available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇/ . Open Source Software shall remain subject to such terms and conditions of the specific license under which the open source software are licensed pursuant to such terms. The Open Source Software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY WARRANTY KIND, Rev0919 EITHER EXPRESS OR CONDITION, EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR OTHERWISECONDITIONS OF TITLE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NEITHER Objectway Technologies NOR THE AUTHORS OF THE OPEN SOURCE SOFTWARE SHALL HAVE ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL ALCIT, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDINGINCLUDING WITHOUT LIMITATION LOST PROFITS), BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON IN ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THIS THE OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files. If the Open Source Software license also requires source code to be made available, such source code is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇- agreements/.

Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITIONWARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL ALCITDELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the The Software may contain come bundled or consist of open source softwareotherwise be distributed with Open Source Software that is subject solely to the agreement terms, which you may use under the terms conditions, limitations, and conditions disclaimers of the specific license (each “Different Terms”) under which such Opens Source Software is redistributed to Company by TXOne Networks and NOT this Agreement. Different Terms applicable to any Open Source Software redistributed in any Software provided hereunder will be identified by TXOne Networks in the open source software is distributedDocumentation for, and/or in a "Read Me" or an "About" file in, the Software. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "BY TXONE NETWORKS “AS IS" , WITH ALL FAULTS, AS AVAILABLE” WITHOUT (AND TXONE NETWORKS SPECIFICALLY DISCLAIMS) ANY WARRANTY OR GUARANTEE, CONDITION, OR WARRANTY (EXPRESS, IMPLIED, OR OTHERWISE) OF ANY KIND OR NATURE, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND/OR ANY WARRANTY REGARDING TITLE OR AGAINST NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, TXONE NETWORKS SHALL HAVE NO EVENT SHALL ALCIT, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS HOWSOEVER CAUSED AND/OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND OTHERWISE BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF TXONE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES.

Open Source Software. A portion of the Software may contain or consist of open source softwareNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT INCLUDING THIS Section 4.2. AND SECTION 6 BELOW, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS ALL OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "“AS IS" ” WITHOUT WARRANTY OF ANY KIND. NVIDIA MELLANOX AND ITS SUPPLIERS MAKE NO WARRANTY EXPRESS OR CONDITION, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTY OR CONDITION WARRANTIES OF MERCHANTABLE QUALITY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENTPURPOSE RELATING TO THE USE OF SUCH OPEN SOURCE SOFTWARE. IN NO EVENT SHALL ALCIT, THE COPYRIGHT HOLDERS, NVIDIA MELLANOX OR THE CONTRIBUTORS ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, ; DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF IN CONNECTION WITH THE OPEN SOURCE SOFTWARE OR THE USE OF THIS SUCH OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "“AS IS" ” WITHOUT ANY WARRANTY OR CONDITIONWARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL ALCITENDOSOFT, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the The Software may contain include, or consist may be distributed on the same media or in the same download with Open Source Software, of open source software, which you may use under the terms are available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇/ . Open Source Software shall remain subject to such terms and conditions of the specific license under which the open source software are licensed pursuant to such terms. The Open Source Software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY WARRANTY KIND, Rev0919 EITHER EXPRESS OR CONDITION, EXPRESS, IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR OTHERWISECONDITIONS OF TITLE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NEITHER Objectway Technologies NOR THE AUTHORS OF THE OPEN SOURCE SOFTWARE SHALL HAVE ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL ALCIT, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDINGINCLUDING WITHOUT LIMITATION LOST PROFITS), BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON IN ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THIS THE OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files. If the Open Source Software license also requires source code to be made available, such source code is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇/.