Common use of THIRD PARTY COMPONENTS AND PROTOCOLS Clause in Contracts

THIRD PARTY COMPONENTS AND PROTOCOLS. DIVERGENCE OF DEVELOPMENT. In the event AOL (i) elects to use third party software or technology for core functionality and features of the browser component of any of the Client Software, (ii) adopts and maintains protocols or interfaces that are inconsistent with Sun's reasonable server-dictated requirements; or (iii) fails to support protocols or interfaces that are reasonably required by Sun's server-dictated requirements, Sun shall have the right, but not the obligation, to have AOL provide to Sun the source code, test suites, and related development tools reasonably required for Sun to pursue independent development of a browser based on the Existing Netscape Software and/or Collaborative Software and to create client applications incorporating such independently developed Sun browser. Any resulting products developed by Sun shall be deemed to constitute Designated Collaborative Software for purposes of this Agreement.

Appears in 2 contracts

Sources: Strategic Development and Marketing Agreement (Sun Microsystems Inc), Strategic Development and Marketing Agreement (Sun Microsystems Inc)