Common use of Source Code Attachments Clause in Contracts

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 PalmSource to developers of applications for the PS OS Software (“SDK”), unless otherwise mutually agreed in writing. All Modifications and use by Licensee of PS Source Code (and any related source code or sample PIM application source code that may be made available by PalmSource, either under this Agreement, the SDK or otherwise) and related Licensee Modifications shall be subject solely to the terms of this Agreement. (5) From time to time, Licensee may request additional Source Code Attachments. In such case, the Relationship Manager (as defined in 9.7 (Relationship Managers)) for each party shall meet promptly thereafter and discuss any such request in good faith, provided that neither party shall have any obligation to enter into any such Source Code Attachment.

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 Distributable Modifications made under the license granted in this Section 2.9(b)(ii) above (Other PS Source CodeCode Attachments) in object code form only to the same extent that Licensee is permitted to do so with respect to the that corresponding PS Licensed Product pursuant to Section 2.2 (Distribution) above, and subject to all other applicable provisions of this Agreement, including without limitation the obligations to comply with all Compatibility Certification requirements. (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 Licensees agrees that it shall not be entitled to any rights or licenses under any “Software Development Kit” license agreement made available by PalmSource to developers of applications for the PS OS Software (“SDKSDK Agreement”), unless otherwise mutually agreed in writing. All Modifications and use by Licensee of PS Source Code (and any related source code or sample PIM application source code that may be made available by PalmSource, either under this Agreement, the SDK Agreement or otherwise) and related Licensee Modifications shall be subject solely to the terms of this Agreement. (5) From time to time, Licensee may request additional Source Code Attachments. In such case, the Relationship Manager (as defined in 9.7 (Relationship Managers)) for each party shall meet promptly thereafter and discuss any such request in good faith, provided that neither party shall have any obligation to enter into any such Source Code Attachment.