Source Code Attachments Clause Samples
The Source Code Attachments clause requires that the source code for certain software or technology be included as an attachment to the agreement. This clause typically specifies which components of the software must have their source code provided, under what conditions, and in what format. For example, it may require the licensor to deliver the full source code for custom-developed modules or updates. Its core practical function is to ensure that the recipient has access to the underlying code, which can be essential for maintenance, troubleshooting, or further development, thereby reducing dependency on the original developer and mitigating operational risks.
Source Code Attachments. PalmSource will provide Snapshots of certain modules of PS Source Code as set forth in Source Code Attachments as provided for in this Agreement. Licensee’s use of Snapshots of such modules of PS Source Code provided under Source Code Attachments shall be in accordance with the applicable terms and conditions set forth in Appendix B (Snapshot Source Code Management and Policies and Procedures) attached hereto, and shall be solely for the purposes set forth in Section 2.9(b)(ii) (Source Code Attachments) and the applicable Source Code Attachment. The parties have agreed that the PS MultiMail Support Reference Code may be included under this Section 2.9(a)(iii), provided that it is used solely for Licensee’s internal testing and support purposes.
Source Code Attachments. (1) Source Code Attachments may be used to permit Licensee to access and modify a limited set of modules of PS Source Code as specified in the applicable Source Code Attachment for a specific purpose specified in the Source Code Attachment. Licensee shall only have the right to modify the limited set of modules identified in the Source Code Attachment for such purpose and shall not use or modify any other PS Source Code in connection therewith. All Source Code Attachments must be mutually agreed in writing, and PalmSource shall not have any obligation to provide PS Source Code under this Section 2.9(b)(ii) except as mutually agreed in writing in the respective Source Code Attachment. To the extent that PalmSource provides Licensee with access to certain portions of PS Source Code and PS Source Code Documentation related thereto under this Section 2.9(b)(ii) (Source Code Attachments), then, subject to the terms and conditions of this Agreement and the respective Source Code Attachment, PalmSource hereby grants to Licensee a limited, non-exclusive, non-transferable, fully-paid license to:
a) use, reproduce and modify only those certain portions of the PS Source Code identified on a Source Code Attachment hereto (each a “Source Code Attachment”) (collectively, the “Modifiable Source Code”), but only for the limited purpose and in accordance with such other terms set forth on the applicable Source Code Attachment, and
b) use, reproduce and distribute any such Modifications made under this Section 2.9(b)(ii) (Other PS Source Code) in object code form only to the same extent that Licensee is permitted to do so with respect to the corresponding PS Licensed Product pursuant to Section 2.2 (Distribution) above.
(2) For each set of Modifiable Source Code, the parties shall execute separate sequentially numbered Source Code Attachments (e.g., Source Code Attachment ▇▇. ▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇. ▇, etc.) to this Agreement.
(3) The parties have agreed that the source code for the PS MultiMail Deluxe Software will be Modifiable Source Code and have attached to this Agreement a Source Code Attachment No. 1 for such PS MultiMail Deluxe Software. However, the PS MultiMail Support Reference Code shall not be Modifiable Source Code.
(4) In exchange for the licenses granted under this Section 2.9(b)(ii) (Source Code Attachments), Licensee agrees that it shall not be entitled to any rights or licenses under any “Software Development Kit” license agreement made available by...