Common use of Prime Contract Clause in Contracts

Prime Contract. Special Provisions The following prime contract special provisions apply to this purchase order (a) through (d) below. (a) This clause only applies to work that includes the delivery of software (including software residing on hardware). (b) Seller shall disclose to Buyer in writing any FLOSS that will be delivered in connection with this Contract and shall obtain Buyer's prior written consent before delivering such FLOSS in connection with this Contract. Buyer may withhold such consent in its sole discretion. (c) As used herein, "FLOSS License" means the General Public License ("GPL"), Lesser/Library GPL, (LGPL), the Affero GPL (APL), the Apache license, the Berkeley Software Distribution ("BSD") license, the M IT license, the Artistic License (e.g., PERL), the M ozilla Public License(M PL), or variations thereof, including without limitation licenses referred to as "Free Software License," "Open Source License," "Public License," or "GPL Compatible License." (d) As used herein, "FLOSS" means software provided under a license that (a) subjects the delivered software to any FLOSS License, or (b) requires the delivered software to be licensed for the purpose of making derivative works or be redistributable at no charge, or (c) obligates Buyer to sell, loan, distribute, disclose or otherwise make available or accessible to any third party (i) the delivered software, or any portion thereof, in object code and/or source code formats, or (ii) any products incorporating the delivered software, or any portion thereof, in object code and/or source code formats.