Request for Source Code Sample Clauses
A Request for Source Code clause establishes the right of one party to obtain the source code of software from the other party under specified circumstances. Typically, this clause outlines the conditions under which the request can be made, such as upon termination of the agreement, breach of contract, or failure to provide support. For example, it may require the software developer to deliver the source code if they cease business operations or fail to meet maintenance obligations. The core function of this clause is to ensure that the party relying on the software can maintain, modify, or support the software independently if necessary, thereby mitigating risks associated with vendor dependency or service disruption.
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Request for Source Code. If, as a result of an alleged obligation under an Open Source License, Cisco receives a request from a third party to provide source code for all or a portion of the software (the “Request”), and the source code requested has not already been provided by Developer to Cisco under Section 2.11.2, then Cisco shall notify Developer and refer the requestor to Developer.
2.11.4.1 If Developer is obligated to provide all or part of the requested source code to Cisco under Section 2.11.2 or any other provision of this DLA, and has failed to do so, Developer shall provide such code within five (5) business days of notification
2.11.4.2 If the requested source code is not subject to release under Section
2.11.4.1 and the Request is not resolved within five (5) business days of notification, Developer shall meet with Cisco to discuss how it plans to respond to the Request. If the Request is not resolved within thirty (30) days of notification or as otherwise agreed by the parties, then Cisco may disclose any information (including portions of this DLA and any source code in its possession) reasonably necessary to respond to the Request and to any related public allegations regarding Cisco’s open source compliance
2.11.4.3 If the license under which the Request is made provides for suspension or termination of license rights within a specified time period following notification of breach, then, unless otherwise agreed by Cisco, the 30-day period referred to in Section 2.11.4.2 above shall be shortened to require resolution at least five (5) business days prior to such suspension or termination.