Common use of Public Software Clause in Contracts

Public Software. Except as set forth in Section 3.9(e)(i) of the Target Disclosure Schedule, no Public Software has been distributed with, in whole or in part, any Target Product. Section 3.9(d) of the Target Disclosure Schedule is a complete and accurate list of the following: (i) all Public Software used by Target or any Subsidiary of Target in any manner in the conduct of the Target Business; (ii) a description of each item of Public Software identified in the foregoing subpart (i) and the manner in which such Public Software was used; (iii) the Open License Terms applicable to such Public Software and a reference to where such Open License Terms may be found (e.g., a link to a site that has the applicable Open License Terms); (iv) whether such Public Software has been distributed by Target or any Subsidiary of Target to any Person or only used internally by Target; (v) whether (and if so, how) such Public Software has been modified by Target or any Subsidiary of Target; (vi) each Target Product (including all Target software, firmware, middleware and hardware) by name and version number that is Public Software or that is derived in any manner (in whole or in part) from or that links to, includes, forms any part of, relies on, is distributed with, incorporates or contains any Public Software; and (vii) a description of how the Public Software is linked to or with or used within the respective Target Product (e.g., dynamically, statically, etc.) and with what portion of such Target Product the Public Software is linked or used. Except as disclosed in Section 3.9(d) of the Target Disclosure Schedule, no Public Software was or is used in connection with the development of any Target Products. Target and its Subsidiaries are in compliance with all license terms applicable to any Public Software. Neither Target nor any Subsidiary of Target has received any written notice alleging that Target or any Subsidiary of Target is in violation or breach of as the license terms for any Public Software. None of the inventions claimed in any of the Patents included in the Target Owned Intellectual Property are practiced by any of the software described in Section 3.9(d) of the Target Disclosure Schedule and none of the inventions claimed in any of the Patents included in the Target Owned Intellectual Property are practiced by or infringed by any other software that is Public Software. Section 3.9(d) of the Target Disclosure Schedule sets forth a complete and accurate list of all software used, reproduce, modified or distributed by Target or any Subsidiary of Target that is a commercial version of software that is also available as Public Software. The information disclosed by Target to Acquiror regarding Public Software is complete and accurate in all respects.

Public Software. Except as set forth in Section 3.9(e)(i3.9(d)(vi)(A) of the Target Seller Disclosure Schedule, no Public Software has been distributed with, in whole or in part, any Target Product. Section 3.9(d) of the Target Disclosure Schedule Schedules is a complete and accurate list of the followingof: (i) all each Software Program, Business Product, and any other software included in the Acquired Technology, Seller Licensed Technology or incorporated into or used for the development or production of a Business Product (collectively, “Seller Software”) by name and version number that is Public Software used by Target or any Subsidiary of Target that is derived from in any manner (in the conduct of the Target Businesswhole or in part) or that links to, includes, forms any part of, relies on in order to function as intended, is distributed with, incorporates or contains any Public Software; (ii) a description list of each item of Public Software identified in the foregoing subpart (i) and the manner in which such Public Software was used; (iii) the Open License Terms applicable to each such Seller Software and Public Software and the Open License Terms or a reference to where such the Open License Terms may be found (e.g., a link to a site that has the applicable Open License Terms); (iviii) whether such Public Software has been distributed by Target or any Subsidiary of Target to any Person Seller or only used internally by TargetSeller; (viv) whether (and if so, how) Seller has modified any such Public Software has been modified by Target or any Subsidiary of Target; (vi) each Target Product (including all Target software, firmware, middleware and hardware) by name and version number that is Public Software or that is derived in any manner (in whole or in part) from or that links to, includes, forms any part of, relies on, is distributed with, incorporates or contains any Public Software; and (viiv) a description of how the Public Software is linked to or with or used within the respective Target Product Seller Software (e.g., dynamically, statically, etc.) and with what portion of such Target Product the Seller Software the Public Software is linked or used. Except as disclosed set forth in Section 3.9(d3.9(d)(vi)(B) of the Target Seller Disclosure ScheduleSchedules, no Seller has not distributed any Public Software was with, in whole or in part, any Seller Software. Seller is in compliance in all material respects with all Open License Terms applicable to any Public Software licensed to or used by Seller either as incorporated in Seller Software or otherwise in connection with the development of any Target ProductsBusiness. Target and its Subsidiaries are in compliance with all license terms applicable to any Public Software. Neither Target nor any Subsidiary of Target Seller has not received any written notice in connection with the Business alleging that Target or any Subsidiary of Target Seller is in violation or breach of as the license terms for any Public SoftwareOpen License Terms. None of the inventions claimed in any of the Patents included in the Target Owned Intellectual Property are practiced by any of the software described in Section 3.9(d3.9(d)(vi)(C) of the Target Seller Disclosure Schedule and none of the inventions claimed in any of the Patents included in the Target Owned Intellectual Property are practiced by or infringed by any other software that is Public Software. Section 3.9(d) of the Target Disclosure Schedule Schedules sets forth a complete and accurate list of all software used, reproduce, modified or distributed by Target or any Subsidiary of Target Seller that is a commercial version of software that is also available as Public Software. The information disclosed To Seller’s Knowledge, (a) none of the inventions claimed in any of the Acquired Patents are practiced by Target to Acquiror regarding any of the software described in Section 3.9(d)(vi) of the Seller Disclosure Schedule and (b) none of the inventions claimed in any of the Acquired Patents are practiced by or infringed by any other software that is Public Software is complete and accurate in all respectsSoftware.

Public Software. Except as set forth in Section 3.9(e)(i) of the Target Disclosure Schedule, no Public Software has been distributed with, in whole or in part, any Target Product. Section 3.9(d) of the Target Seller Disclosure Schedule is sets forth a true, correct and complete and accurate list of the following, in each case to the extent necessary to the Use of the Purchased Intellectual Property in the same manner as Used by Seller as of the date hereof and immediately prior to the Closing: (i) all Public Software used by Target or any Subsidiary of Target in any manner in the conduct part of the Target Business; (ii) a description of each item of Public Software identified in the foregoing subpart (i) and the manner in which such Public Software was used; (iii) the Open License Terms applicable to such Public Software and a reference to where such Open License Terms may be found (e.g., a link to a site that has the applicable Open License Terms); (iv) whether such Public Software has been distributed by Target or any Subsidiary of Target to any Person or only used internally by Target; (v) whether (and if so, how) such Public Software has been modified by Target or any Subsidiary of Target; (vi) each Target Product Purchased Intellectual Property (including all Target software, firmware, firmware and middleware and hardwarecontained therein) by name and version number or description that is Public Software or that is derived from in any manner (in whole or in part) from or that links to, includes, forms any part of, relies on, is distributed with, incorporates or contains any Public Software; (ii) the Open License Terms applicable to each such part of such Purchased Intellectual Property and Public Software and the Open License Terms or a reference to where the Open License Terms may be found (e.g., a link to a site that has the applicable Open License Terms); (iii) whether such Public Software has been distributed by Seller or only used internally; (iv) whether Seller has modified any such Public Software; and (viiv) a description complete and accurate statement of how the Public Software is linked to or with or used within the respective Target Product such part of such Purchased Intellectual Property (e.g., dynamically, statically, etc.) and with what portion of such Target Product Purchased Intellectual Property the Public Software is linked or used. Except as disclosed set forth in Section 3.9(d) of the Target Seller Disclosure Schedule, no Public Software was or is used in connection with the development of any Target ProductsPurchased Intellectual Property. Target Except as set forth in Section 3.9(d) of the Seller Disclosure Schedule, no Public Software has been distributed by the Seller Group in connection with the Purchased Intellectual Property. If and its Subsidiaries are to the extent that Public Software is linked to or with or used within any part of the Purchased Intellectual Property, except as set forth in Section 3.9(d) of the Seller Disclosure Schedule, the Applicable Open License Terms do not require, as a condition of such linking or use, that Purchased Intellectual Property or parts thereof be (A) disclosed or distributed in source code form under Open License Terms, (B) licensed for the purpose of making derivative works, or (C) redistributable at no charge. Seller is in material compliance with all license terms Open License Terms applicable to any Public Software. Neither Target nor any Subsidiary of Target Software license to or used by Seller, and has not received any written notice alleging that Target or any Subsidiary of Target is in violation or breach of as the license terms for any Public SoftwareOpen License Terms, or, to Seller’s Knowledge, any credible oral communication to that effect. None To Seller’s Knowledge, none of the inventions claimed in any of the Patents included in subject to the Target Owned Intellectual Property Patent Portfolio License Agreement are practiced by any of the software described in Section 3.9(d) of the Target Seller Disclosure Schedule and to Seller’s Knowledge, none of the inventions claimed in any of the Patents included in subject to the Target Owned Intellectual Property Patent Portfolio License Agreement are practiced by or infringed by any other software that is Public Software. Section 3.9(d) of the Target Seller Disclosure Schedule sets forth a true, correct and complete and accurate list of of, to the extent relating to the Purchased Intellectual Property, all software used, reproducereproduced, modified or distributed by Target or any Subsidiary of Target Seller that is a commercial version of software that is also available as Public Software. The information disclosed by Target None of Seller nor any other member of the Seller Group is in material breach of any Open License Terms applicable to Acquiror regarding Public Software is complete and accurate in all respectsany Purchased Intellectual Property.