Software Contracts. The Company Software is either: (i) owned by the Company, (ii) currently in the public domain or otherwise available for use, modification and distribution by the Company without a license from or the approval or consent of any third party, or (iii) licensed to the Company pursuant to a valid, binding, written agreement (“Software Contract”). Schedule III identifies all Software Contracts and classifies each such Software Contract under one or more of the following categories: (A) license to use third party software; (B) development contract, work-for-hire agreement, or consulting agreement; (C) distributor, dealer or value-added reseller agreement; (D) license or sublicense to a third party (including agreements with end-users); (E) maintenance, support or enhancement agreement; or (F) other. No Software Contract creates, or purports to create, obligations or immunities with respect to any Intellectual Property Rights of the Company, including but not limited to, obligations requiring the disclosure or distribution of all or a portion of the source code for any Company Software. Except as disclosed on Schedule III, no portion of the Company Software is licensed to the Company under any license recognized as an open source license by the Open Source Initiative.
Appears in 2 contracts
Sources: Class a Preferred Share Purchase Agreement (PointClickCare Corp.), Class a Preferred Share Purchase Agreement (PointClickCare Corp.)