Use of Open Source Code. (i) Section 4.11(s)(i) of the Disclosure Schedules lists all Open Source Software used by the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source Software were licensed); (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identified; and (iii) in the case of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its Subsidiaries. (ii) Neither the Company nor its Subsidiaries have used, modified, or distributed any Open Source Software in a manner that: (A) could or does require (or could or does condition the use or distribution of such Software on) the disclosure, licensing or distribution of any source code for any Owned IP or any portion of any material Company Product other than such Open Source Software; (B) could or does require the licensing or disclosure of any Owned IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; (C) could or does otherwise impose any limitation, restriction or condition on the right or ability of the Company or its Subsidiaries to use or distribute any Owned IP, including restrictions on the consideration to be charged for the distribution of any Company Product; (D) creates obligations for the Company or its Subsidiaries with respect to Owned IP or grants to any Person any rights or immunities under Owned IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries to use or distribute any Company Product. (iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Use of Open Source Code. (i) Section 4.11(s)(i2.13(h)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes (in the format requested by Parent) each item of Company Software that is subject to any version of the GNU General Public License, the Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Initiative (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇) (collectively, “Open Source Software”) that is or has been included, incorporated or embedded in, linked to, combined, distributed, or made available with, or used in the development, delivery or provision of any Company Product and the manner in which such Open Source Software is or has been included, incorporated or embodied in, linked to, combined, distributed or made available with, or used in the development of any Company Product (such description shall include whether (and, if so, how) the Open Source Software was modified and/or distributed by the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source Software were licensedSubsidiaries); (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identified; and (iii) in the case of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its Subsidiaries.
(ii) Neither the Company nor any of its Subsidiaries have has used, modified, or distributed any Open Source Software in a manner that: (Ai) could or does require (or could or does condition the use or distribution of such Software on) the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Company Product other than such Open Source Software; (Bii) could or does require the licensing or disclosure of any Owned Company IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; ;
(Ciii) could or does otherwise impose any limitation, restriction or condition on the right or ability of the Company or any of its Subsidiaries to use or distribute any Owned Company IP, including restrictions on the consideration to be charged for the distribution of any Company Product; (Div) creates obligations for the Company or any of its Subsidiaries with respect to Owned Company IP or grants to any Person any rights or immunities under Owned Company IP; or (Ev) imposes any other limitation, restriction or condition on the right of the Company or any of its Subsidiaries to use or distribute any Company Product.
(iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Use of Open Source Code. (i) Section 4.11(s)(iPart 2.11(o)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes: (A) each item of Open Source Code that is contained in, distributed or made available with or used in the development of any Acquired Company Software used by or Company Product or from which any part of any Acquired Company Software or Company Product is derived; (B) the Company version or any versions of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which each such items of Open Source Software were licensedCode; (C) the applicable license terms for each such item of Open Source Code (including any attribution or other obligations associated with any Acquired Company’s use or distribution thereof); (iiD) identifies, where available, a URL at the source or location from which the applicable Open Source Software are available and at which the applicable license is identifiedCode was acquired or downloaded; and (iiiE) in the case Acquired Company Software or Company Product to which each such item of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its SubsidiariesCode relates.
(ii) Neither The Acquired Companies’ use, marketing, distribution, licensing, making available, and sale of Acquired Company Software does not violate any license terms applicable to any item of Open Source Code, and each of the Company nor its Subsidiaries Acquired Companies have used, modifiedall rights in each item of Open Source Code disclosed, or distributed required to be disclosed, in Part 2.11(o)(i) of the Disclosure Schedule as needed for the Acquired Companies to conduct their business as currently conducted and currently planned by the Acquired Companies to be conducted, without violation of any license terms pertaining to such Open Source Code.
(iii) Except as expressly set forth in Part 2.11(o)(iii) of the Disclosure Schedule, no Acquired Company Software in a manner contains, is distributed or made available with, is being or was developed using, or is derived from Open Source Code that is licensed under any terms that: (A) could or does require (impose or could impose a requirement or does condition the use that any Acquired Company grant a license under or distribution refrain from asserting or enforcing any of such its Patent rights, or that any Acquired Company Software onor part thereof be: (1) the disclosuredisclosed, licensing distributed, or distribution of any made available in source code form; (2) licensed for any Owned IP making modifications or any portion of any material Company Product other than such Open Source Softwarederivative works; or (3) redistributable at no or nominal charge; or (B) impose or could or does require the licensing or disclosure of any Owned IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; (C) could or does otherwise impose any other material limitation, restriction restriction, or condition on the right or ability of the any Acquired Company or its Subsidiaries to use or distribute any Owned IP, including restrictions on the consideration to be charged for the distribution of any Company Product; (D) creates obligations for the Company or its Subsidiaries with respect to Owned IP or grants to any Person any rights or immunities under Owned IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries to use or distribute any Company Product.
(iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from distribute or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source make available any Acquired Company Software.
Appears in 1 contract
Use of Open Source Code. (i) Section 4.11(s)(i2.13(j) of the Disclosure Schedules lists all Open Source Software used by the Company or any of its Subsidiaries andSchedule accurately identifies and describes: (i) identifies each item of software licensed or distributed under the license applicable thereto (including, where availableGNU General Public License, the specific version thereof under which such GNU Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Software were licensed)Initiative (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇) (each, an “Open Source License” and, such software, collectively, “Open Source Software”) that has been or was used by, incorporated into, linked with, or distributed with, any Company Product; (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identifiedLicense for such item of Open Source Software; and (iii) the manner in the case which such item of Open Source Software licensed under was used by, incorporated into or linked with the Company Product (which description includes whether (and, if so, how) such item was modified and/or distributed by the Company and whether (and, if so, how) such item was incorporated into and/or linked with any Company Product). The Company has not distributed or made available to any third parties any Company Products, or offered Company Products to third parties interacting remotely through a Copyleft Licensecomputer network, describes how such in a manner that would require the Company to release any of its proprietary source code. With respect to Open Source Software has been integrated that is incorporated into, linked with, or combined with distributed with, or linked to used in the development of, any proprietary Software of Company Product, the Company or any has complied in all respects with the terms of its Subsidiarieseach Open Source License, including all requirements pertaining to attribution and copyright notices.
(ii) Neither the The Company nor its Subsidiaries have has not used, modified, or distributed any Open Source Software in a manner that: (Ai) could or does require (or could or does condition the use or distribution of such Software on) requires the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Company Product other than such Open Source Software; (Bii) could or does require requires the licensing or disclosure of any Owned IP, or any portion of any Company Product other than such Open Source Software, IP for the purpose of making derivative works; (Ciii) could or does otherwise impose imposes any limitation, restriction or condition on the right or ability of the Company or its Subsidiaries to use or distribute any Owned Company IP, including restrictions on the consideration to be charged for the distribution of any Company Product; or (Div) creates obligations for the Company or its Subsidiaries with respect to Owned Company IP or grants to any Person third party any rights or immunities under Owned Company IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries to use or distribute any Company Product.
(iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Sources: Merger Agreement (FireEye, Inc.)
Use of Open Source Code. (i) Section 4.11(s)(i2.13(k) of the Disclosure Schedules lists all Schedule accurately identifies and describes: (i) each item of software licensed or distributed under the GNU General Public License, the Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Software Initiative (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇) (each, an “Open Source License” and, such software, collectively, “Open Source Software”) that has been or was incorporated into, linked with, or, distributed with, used by in the delivery of, or been provided access to in connection with any Company Product; and (ii) the applicable Open Source License for such item of Open Source Software. None of the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such has distributed or made available to any third party any Open Source Software were licensed); (ii) identifies, where available, a URL at which the applicable in connection with any Company Products. With respect to Open Source Software are available and at which the applicable license that is identified; and (iii) incorporated into, linked with, distributed with or used in the case development of any Company Product, the Company has complied in all respects with the terms of each Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its Subsidiaries.
(ii) Neither the Company nor its Subsidiaries have any Subsidiary has used, modified, or distributed any Open Source Software in a manner that: (Ai) could or does require (or could or does condition the use or distribution of such Software on) requires the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Intellectual Property exclusively licensed to the Company Product other than such Open Source Software; (B) could or does require the licensing or disclosure of any Owned IP, or any portion of any Company Product other than such Open Source Software, ; (ii) requires the licensing or disclosure of any Company IP or any Intellectual Property exclusively licensed to the Company or any portion of any Company Product for the purpose of making derivative works; (Ciii) could or does otherwise impose imposes any limitation, restriction or condition on the right or ability of the Company or its Subsidiaries any Subsidiary to use or distribute any Owned IPCompany IP or any Intellectual Property exclusively licensed to the Company, including restrictions on the consideration to be charged for the distribution of any Company Product; or (Div) creates obligations for the Company or its Subsidiaries any Subsidiary with respect to Owned Company IP or any Intellectual Property exclusively licensed to the Company or grants to any Person third party any rights or immunities under Owned IP; Company IP or (E) imposes any other limitation, restriction or condition on Intellectual Property exclusively licensed to the right Company. Each of the Company or its and the Subsidiaries to use or distribute any Company Product.
(iii) The Company and its Subsidiaries have has complied in all material respects with all of the terms and conditions of each applicable license for Open Source SoftwareLicense, including all requirements pertaining to attribution, privacy attribution and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Sources: Merger Agreement (FireEye, Inc.)
Use of Open Source Code. (i) Section 4.11(s)(iPart 2.10(p)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes: (A) each item of Open Source Code that is contained in, distributed with or used in the development of the Acquired Entity Software used by the Company or from which any part of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source any Acquired Entity Software were licensed)is derived; (iiB) identifiesthe version or versions of, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identifiedterms for, each such item of Open Source Code; (C) the Acquired Entity Software to which each such item of Open Source Code relates; and (iiiD) in the case whether each such item of Open Source Software licensed under a Copyleft License, describes how such Open Source Software Code has been integrated distributed or combined with modified by or linked to for any proprietary Software of the Company or any of its SubsidiariesAcquired Entity.
(ii) Neither the Company nor its Subsidiaries have usedEach Acquired Entity’s use, modifiedmarketing, distribution, licensing, and sale of Acquired Entity Software does not violate any material license terms applicable to any item of Open Source Code, and each Acquired Entity has all rights in each item of Open Source Code disclosed, or distributed required to be disclosed, in Part 2.10(p)(i) of the Disclosure Schedule as needed for the Acquired Entities to conduct the businesses of the Acquired Entities as currently conducted, without violation of any license terms pertaining to such Open Source Code or infringement of third party Intellectual Property Rights. Each Acquired Entity has complied in all material respects with all licensing terms pertaining to each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(p)(i) of the Disclosure Schedule.
(iii) No Acquired Entity Software contains, is combined with, is derived from, is distributed with or is being or was developed using Open Source Code in a manner that: (A) could or does require (imposes or could impose a requirement or does condition the use or distribution of such Software on) the disclosure, licensing or distribution of that any source code for any Owned IP or any portion of any material Company Product other than such Open Source SoftwareAcquired Entity grant a license under its Patent rights; (B) imposes or could impose a requirement or does require the licensing condition that any Acquired Entity Software or disclosure of any Owned IPpart thereof (1) be disclosed or distributed in Source Code form, or any portion of any Company Product other than such Open Source Software, (2) be licensed for the purpose of making modifications or derivative works, or (3) be redistributable at no charge; or (C) could or does otherwise impose imposes any limitation, restriction or condition other material limitation on the right or ability of the Company or its Subsidiaries any Acquired Entity to use or distribute exploit any Owned IP, including restrictions on the consideration to be charged for the distribution of any Company Product; (D) creates obligations for the Company or its Subsidiaries with respect to Owned IP or grants to any Person any rights or immunities under Owned IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries to use or distribute any Company ProductAcquired Entity Software.
(iiiiv) The Company and its Subsidiaries have complied in all material respects with all Part 2.10(p)(iv) of the terms and conditions of each applicable license for Open Source SoftwareDisclosure Schedule sets forth, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation as of the Company’s Agreement Date, a list of Computer Software or its Subsidiaries’ policies with respect other Intellectual Property that any Acquired Entity Service Provider has contributed to Open Source Softwarean open source project or made available under an open source license.
Appears in 1 contract
Sources: Merger Agreement (Splunk Inc)
Use of Open Source Code. (i) Section 4.11(s)(i2.13(o)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes (A) each item of Open Source Software that is, as of the date of this Agreement, contained in, distributed with or linked with the current version of a Company Product (other than Company Products that were, but are not currently, Table of Contents made commercially available by the Company) or from which any part of the current version of any such Company Product is derived; (B) the name of or a link to (or other locator for) the applicable Open Source License for each such item of Open Source Software; (C) such Company Product to which each such item of Open Source Software relates; and (D) the manner in which such Open Source Software was incorporated into, linked with, distributed with, or used in the development of the applicable Company Product (such description shall include, without limitation, whether the Open Source Software was modified and/or distributed by the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source Software were licensedSubsidiary); (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identified; and (iii) in the case of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its Subsidiaries.
(ii) Neither the Company nor its Subsidiaries have any Subsidiary has used, modified, or distributed any Open Source Software in a manner that: (Ai) could or does require (or could or does condition requires the use or distribution of such Software on) the disclosure, licensing disclosure or distribution of any source code authored by or on behalf of by the Company or any Subsidiary or any source code for any Owned IP or any portion of any material Company Product (collectively, the “Company Source Code”), other than such Open Source Software; (Bii) could or does require requires the licensing or disclosure of any Owned IP, or any portion of any Company Product Source Code other than such Open Source Software, for the purpose of making derivative works; (Ciii) could or does otherwise impose imposes any limitation, restriction or condition on the right or ability of the Company or its Subsidiaries to use or distribute any Owned IP, including restrictions on the consideration to be charged for the distribution of any Company Product; or (Div) creates obligations for requires the Company or its Subsidiaries with respect any Subsidiary to Owned IP grant a license under or grants to refrain from asserting any Person any rights or immunities under Owned IP; or (E) imposes any other limitation, restriction or condition on the right Patent Rights. Each of the Company or its Subsidiaries to use or distribute any Company Product.
(iii) The Company and its Subsidiaries have has complied in all material respects with all of the terms and conditions of each applicable license for Open Source SoftwareLicense, including all requirements pertaining to attribution, privacy attribution and copyright notices. The .
(iii) Except as set forth in Section 2.13(o)(iii) of the Disclosure Schedule, neither the Company and its Subsidiaries regulate the use, modification, and distribution of nor any Subsidiary has distributed any Company Source Code pursuant to an Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source SoftwareLicense.
Appears in 1 contract
Sources: Merger Agreement (Roku, Inc)
Use of Open Source Code. (i) Section 4.11(s)(i2.13(m)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes (in the format requested by Parent) each item of Company Software that is subject to any version of the GNU General Public License, the Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Initiative (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇) (collectively, “Open Source Software”) that is or has been included, incorporated or embedded in, linked to, combined, distributed, or made available with, or used in the delivery or provision of any Company Product and, with respect to those licenses that are “copyleft” or “viral” (the “Copyleft Licenses”) the manner in which such Open Source Software is or has been included, incorporated or embodied in, linked to, combined, distributed or made available with, or used in the development of any Company Product (such description shall include, without limitation, whether (and, if so, how) the Open Source Software subject to such Copyleft Licenses was modified and/or distributed by the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source Software were licensedSubsidiaries); (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identified; and (iii) in the case of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its Subsidiaries.
(ii) Neither Except as disclosed in Section 2.13(m)(ii) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries have has used, modified, or distributed any Open Source Software in a manner that: (Ai) could or does require (or could or does condition the use or distribution of such Open Source Software on) the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Company Product other than such Open Source Software; (Bii) could or does require the licensing or disclosure of any Owned Company IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; (Ciii) could or does otherwise impose any material limitation, restriction or condition on the right or ability of the Company or any of its Subsidiaries to use or distribute any Owned Company IP, including restrictions on the consideration to be charged for the distribution of any portion of any Company Product; (Div) creates material obligations for the Company or any of its Subsidiaries with respect to Owned Company IP or grants to any Person any rights or immunities under Owned Company IP; or (Ev) imposes any other material limitation, restriction or condition on the right of the Company or any of its Subsidiaries to use or distribute any portion of any Company Product.
(iii) The Except as disclosed in Section 2.13(m)(iii) of the Disclosure Schedule, the Company and each of its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy attribution and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Use of Open Source Code. (i) Section 4.11(s)(i2.13(m)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes (in the format requested by Parent) each item of Company Software that is subject to any version of the GNU General Public License, the Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Initiative (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇) (collectively, “Open Source Software”) that is or has been included, incorporated or embedded in, linked to, combined, distributed, or made available with, or used in the delivery or provision of any Company Product and, with respect to those licenses that are “copyleft” or “viral” (the “Copyleft Licenses”), the manner in which such Open Source Software is or has been included, incorporated or embodied in, linked to, combined, distributed or made available with, or used in the development of any Company Product (such description shall include, without limitation, whether (and, if so, how) the Open Source Software subject to such Copyleft Licenses was modified and/or distributed by the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source Software were licensedSubsidiaries); (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identified; and (iii) in the case of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its Subsidiaries.
(ii) Neither Except as disclosed in Section 2.13(m)(ii) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries have has used, modified, or distributed any Open Source Software in a manner that: (Ai) could reasonably be expected to or does require (or could reasonably be expected to or does condition the use or distribution of such Open Source Software on) the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Company Product other than such Open Source Software; (Bii) could reasonably be expected to or does require the licensing or disclosure of any Owned Company IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; (Ciii) could reasonably be expected to or does otherwise impose any material limitation, restriction or condition on the right or ability of the Company or any of its Subsidiaries to use or distribute any Owned Company IP, including restrictions on the consideration to be charged for the distribution of any portion of any Company Product; (Div) creates material obligations for the Company or any of its Subsidiaries with respect to Owned Company IP or grants to any Person any rights or immunities under Owned Company IP; or (Ev) imposes any other material limitation, restriction or condition on the right of the Company or any of its Subsidiaries to use or distribute any portion of any Company Product.
(iii) The Except as disclosed in Section 2.13(m)(iii) of the Disclosure Schedule , the Company and each of its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy attribution and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Use of Open Source Code. (i) Section 4.11(s)(i3.12(m)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes each item of Open Source Software used that: (A) is linked to, incorporated into, or distributed with any Company Product, or from which any part of any Company Product is derived; (B) the applicable Open Source License for such item of Open Source Software; (C) the Company Product to which each such item of Open Source Software relates; (D) whether (and, if so, how) such item was modified and/or distributed by the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source Software were licensed); (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identifiedSubsidiary; and (iiiE) in the case of Open Source Software licensed under a Copyleft Licensewhether (and if so, describes how how) such Open Source Software has been integrated or combined with item was incorporated into or linked to any proprietary Software of the Company or any of its SubsidiariesProduct.
(ii) Neither the Company nor its Subsidiaries have any Subsidiary has used, modified, or distributed any Open Source Software in a manner that: (A) could or does require (or could or does condition the use or distribution of such Software software on) the disclosure, licensing or distribution of any source code for any Owned IP or any portion of any material Company Product other than such Open Source SoftwareIP; (B) could or does require imposes any restriction on the licensing or disclosure of any Owned IP, or any portion consideration to be charged for the distribution of any Company Product other than such Open Source SoftwareTechnology;(C) grants, for the purpose of making derivative worksor purports to grant, to any third party, any rights or immunities under any Company IPR; or (CD) could or does otherwise impose any other material limitation, restriction or condition on the right or ability of the Company or its Subsidiaries any Subsidiary to use or distribute any Owned IPuse, including restrictions on the consideration to be charged for the distribution of any Company Product; (D) creates obligations for the Company or its Subsidiaries with respect to Owned IP or grants to any Person any rights or immunities under Owned IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries to use license or distribute any Company Product.
(iii) IP. The Company and its Subsidiaries have each Subsidiary has complied in all material respects with all of the terms and conditions of each applicable license for Open Source SoftwareLicense, including all requirements pertaining to attribution, privacy attribution and copyright notices. The No Software authored by or for the Company and its Subsidiaries regulate or any Subsidiary is subject to or has been licensed or made available under the use, modification, and distribution terms of any Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from License or violation of the Company’s or its Subsidiaries’ policies with respect contributed to Open Source Softwareany open source project.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Elastic N.V.)
Use of Open Source Code. (i) Section 4.11(s)(iPart 2.4(m)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes: (A) each item of Open Source Software Code that is contained in, distributed or made available with or used by in the Company modification or development of the Business Products or Covered IP or from which any part of any Business Product or Covered IP is derived; (B) the version or versions of each such item of Open Source Code; (C) the applicable license terms for each such item of Open Source Code (including any attribution or other obligations associated with any of its Subsidiaries and: the Seller-Related Parties’ use, modification or distribution thereof); (iD) identifies the license applicable thereto Business Product or Covered IP to which each such item of Open Source Code relates; (including, where available, the specific version thereof under which E) whether or not any modifications to such Open Source Software were licensed); (ii) identifies, where available, a URL at which Code made by or on behalf of any of the applicable Open Source Software are available and at which the applicable license is identifiedSeller-Related Parties; and (iiiF) in the case of Open Source Software licensed under a Copyleft License, describes how whether such Open Source Software Code has been integrated distributed or combined with otherwise made available by or linked to on behalf of any proprietary Software of the Company or any of its SubsidiariesSeller-Related Parties.
(ii) Neither The Seller-Related Parties’ use, modification, marketing, distribution, licensing and sale of Business Products and Covered IP does not violate any license terms applicable to any item of Open Source Code included therein or distributed or made available therewith, and each of the Company nor its Subsidiaries have used, modifiedSeller-Related Parties has all rights in each item of Open Source Code disclosed, or distributed required to be disclosed, in Part 2.4(m)(i) of the Disclosure Schedule as needed for the Sellers to conduct the Business as currently conducted, without violation of any license terms pertaining to such Open Source Software Code.
(iii) Except as expressly stated in a manner thatPart 2.4(m)(iii) of the Disclosure Schedule, no Business Product or Covered IP contains, is distributed by any Seller-Related Party with, or is made available by any Seller-Related Party with, is being or was modified or developed using, or is derived from Open Source Code that is licensed under any terms that impose: (A) could a requirement or does require condition that any of the Seller-Related Parties grant a license under or refrain from asserting or enforcing any of its Patent rights, or that any Business Product or Covered IP or part thereof (other than the Open Source Code itself) (1) be disclosed or could or does condition the use or distribution of such Software on) the disclosure, licensing or distribution of any distributed in source code form, (2) be licensed for any Owned IP making modifications or any portion of any material Company Product other than such Open Source Softwarederivative works or (3) be redistributable at no or nominal charge; or (B) could or does require the licensing or disclosure of any Owned IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; (C) could or does otherwise impose any material limitation, restriction restriction, or condition on the right or ability of the Company or its Subsidiaries to use or distribute any Owned IP, including restrictions on the consideration to be charged for the distribution of any Company Product; (D) creates obligations for the Company or its Subsidiaries with respect to Owned IP or grants to any Person any rights or immunities under Owned IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries Seller-Related Parties to use or distribute any Company Product.
(iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modificationmodify, and distribution of Open Source Software in connection with the distribute or otherwise make available any Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from Product or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source SoftwareCovered IP.
Appears in 1 contract
Use of Open Source Code. (i) Section 4.11(s)(i2.13(j)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes each item of software licensed or distributed under the GNU General Public License, the GNU Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license that meets the Open Source Definition (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇.▇▇▇▇) and/or Free Software used by Definition (▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇-▇▇.▇▇▇▇), or under any licensing regime that is similar or related to, or derived from, any of the Company foregoing whether or not qualifying for such definitions, including without limitation the Server Side Public License, the Business Software License, the Commons Clause, the Confluent Community License, or any version or variant of its Subsidiaries any Creative Commons License (each, an “Open Source License” and: , such software, collectively, “Open Source Software”) and in each case that is or has been included, incorporated or embedded in, linked to, combined or distributed or made available with any Company Product, and accurately describes for each such item of Open Source Software, (i) identifies the license applicable thereto (including, where available, the specific name and version thereof under which of such Open Source Software were licensed); and applicable Open Source License, (ii) identifies, where available, a URL at the Company Products (if any) to which the applicable each such item of Open Source Software are available and at which relates or if such item is used internally by or on behalf of the applicable license is identified; Company, and (iii) for Copyleft Software, the manner in which such item of Copyleft Software was incorporated, linked or otherwise used, including, without limitation, (A) whether (and if so, how) the case Copyleft Software is or has been modified and/or distributed by or on behalf of the Company and (B) whether (and if so, how) such Copyleft Software was incorporated into or linked in any Company Product. The Company fully complies with all license terms applicable to any item of Open Source Software licensed under a Copyleft Licensedisclosed, describes how such Open Source Software has been integrated or combined with or linked required to any proprietary Software be disclosed, in Section 2.13(j)(i) of the Company or any of its SubsidiariesDisclosure Schedule.
(ii) Neither the The Company nor its Subsidiaries have has not used, modified, or distributed any Open Source Software in a manner that: (Ai) could or does require (or could or does condition the use or distribution of such Software on) requires the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Company Product other than such Open Source Software; (B) could or does require the licensing or disclosure of any Owned IP, or any portion of any Company Product other than such Open Source Software, ; (ii) requires the licensing or disclosure of any Company IP for the purpose of making derivative works; (Ciii) could or does otherwise impose imposes any limitation, restriction or condition on the right or ability of the Company or its Subsidiaries to use or distribute or license any Owned IPCompany IP or Company Product, including restrictions on the consideration to be charged for the distribution of any Company Product; or (Div) creates obligations for the Company or its Subsidiaries with respect to Owned IP or grants to any Person third party any rights or immunities under Owned Company IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries to use or distribute any Company Product.
(iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Sources: Merger Agreement (KnowBe4, Inc.)
Use of Open Source Code. (i) Section 4.11(s)(i2.13(p)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes: (A) each item of Company Software that is subject (in whole or in part) to the GNU General Public License, the Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, the MIT License, the BSD -19- License, the Apache License, the Eclipse Public License, any other license identified as an open source license by the Open Source Initiative (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇), or any other license requiring disclosure, licensing or distribution of source code as a condition of distribution or use (collectively, “Open Source Software”); (B) the applicable license governing the use of such Open Source Software used by (an “Open Source License”); (C) the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under manner in which such Open Source Software were licensed)was incorporated into, linked with, or distributed with any Company Product; and (iiD) identifieswhether (and, where availableif so, a URL at which how) the applicable Open Source Software are available and at which was modified and/or distributed by the applicable license is identified; and (iii) in the case of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its SubsidiariesCompany.
(ii) Neither the The Company nor its Subsidiaries have has not used, modified, or distributed any Open Source Software in a manner that: (A) could or does require (or could or does condition the use or distribution of such Software on) the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Company Product other than such Open Source Software; (B) could or does require the licensing or disclosure of any Owned Company IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; (C) could or does otherwise impose any limitation, restriction or condition on the right or ability of the Company or its Subsidiaries to use or distribute any Owned Company IP, including restrictions on the consideration to be charged for the distribution of any Company Product; (D) creates obligations for the Company or its Subsidiaries with respect to Owned Company IP or grants to any Person third party any rights or immunities under Owned Company IP; (E) requires the Company to indemnify or defend claims of any sort asserted against third parties relating to the Open Source Software; or (EF) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries to use or distribute any Company Product.
(iii) , other than requirements of attribution, copyright notices or warranty disclaimers. The Company and its Subsidiaries have has complied in all material respects with all of the applicable terms and conditions of each applicable license for Open Source SoftwareLicense, including all applicable requirements pertaining to attribution, privacy attribution and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source has not made any Company Product that is Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to available as Open Source Software.
Appears in 1 contract
Use of Open Source Code. (i) To the knowledge of the Company, Section 4.11(s)(i5.19(l)(i) of the Company Disclosure Schedules lists all Open Source Software used by the Company or any of its Subsidiaries andLetter accurately identifies and describes: (iA) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source Software were licensed); (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identified; and (iii) in the case each item of Open Source Software licensed under a Copyleft LicenseCode that is contained in, describes how such Open Source Software has been integrated or combined distributed with or linked to any proprietary Software of the Company Software or from which any part of its Subsidiariesany Company Software is derived; (B) the applicable license terms for each such item of Open Source Code as included in copies of such item of Open Source Code; and (C) the Company Software to which each such item of Open Source Code relates.
(ii) Neither To the knowledge of the Company, the Acquired Companies have materially complied with all of the licenses for each item of Open Source Code disclosed or required to be disclosed in Section 5.19(l)(i) of the Company nor its Subsidiaries have usedDisclosure Letter.
(iii) To the knowledge of the Company, modifiedthe Acquired Companies' use, making available over a network, marketing, distribution, licensing, and sale of Company Software does not violate any license terms applicable to any item of Open Source Code disclosed or required to be disclosed in Section 5.19(l)(i) of the Company Disclosure Letter, and the license terms covering each item of Open Source Code disclosed, or distributed any required to be disclosed, in Section 5.19(l)(i) of the Company Disclosure Letter are sufficient for the Acquired Companies' use of each such item of Open Source Code in the operation of the business of the Acquired Companies as currently conducted and currently planned by the Acquired Companies to be conducted.
(iv) To the knowledge of the Company, no Company Software contains, is derived from, is distributed with or is being or was developed using Open Source Code in a manner thatthat under the terms of the license for such Open Source Code: (A) could or does require (imposes or could impose a requirement or does condition that the use or distribution of such Software on) the disclosure, licensing or distribution of any source code for any Owned IP or any portion of any material Company Product other than such Open Source SoftwareAcquired Companies grant a license under its Patent rights to its licensees; (B) could or does require the licensing or disclosure of any Owned IP, or any portion of imposes a requirement that any Company Product other than such Open Source Software, Software or part thereof: (1) be disclosed or distributed in source code form; (2) be licensed for the purpose of making modifications or derivative works; or (3) be redistributable at no charge; or (C) otherwise imposes or could or does otherwise impose any other material limitation, restriction restriction, or condition on the right or ability of the Company or its Subsidiaries Acquired Companies to use or distribute any Owned IPsuch Company Software; provided, including restrictions on that the consideration to inclusion of copyright notices shall not be charged for the distribution of any Company Product; (D) creates obligations for the Company or its Subsidiaries with respect to Owned IP or grants to any Person any rights or immunities under Owned IP; or (E) imposes any other considered such a limitation, restriction or condition on the right of the Company or its Subsidiaries to use or distribute any Company Productcondition.
(iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Use of Open Source Code. (i) Section 4.11(s)(i) of the Disclosure Schedules lists all Open Source Software used by the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such Open Source Software were licensed); (ii) identifies, where available, a URL at which the applicable Open Source Software are available and at which the applicable license is identified; and (iii) in the case of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of the Company or any of its Subsidiaries.
(ii) Neither the Company nor any of its Subsidiaries have has used, modified, or distributed any Open Source Software in a manner that: (A) could or does require (or could or does condition the use or distribution of such Software on) the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Company Product other than such Open Source Software; (B) could or does require the licensing or disclosure of any Owned Company IP, or any portion of any material Company Product other than such Open Source Software, for the purpose of making derivative works; (C) except as set forth on Section 2.13(n)(i)(C) of the Disclosure Schedule, could or does otherwise impose any limitation, restriction or condition on the right or ability of the Company or any of its Subsidiaries to use or distribute any Owned material Company IP, including restrictions on the consideration to be charged for the distribution of any material Company Product; (D) creates obligations for the Company or any of its Subsidiaries with respect to Owned Company IP or grants to any Person any rights or immunities under Owned Company IP; or (E) except as set forth on Section 2.13(n)(i)(E) of the Disclosure Schedule, imposes any other limitation, restriction or condition on the right of the Company or any of its Subsidiaries to use or distribute any Company Product.
(iiiii) Except as set forth on Section 2.13(n)(ii) of the Disclosure Schedule, The Company and each of its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy attribution and copyright notices. The Company and each of its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business businesses of the Company and each of its Subsidiaries and the Company Products, in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or any of its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Sources: Merger Agreement (Crexendo, Inc.)
Use of Open Source Code. (i) Section 4.11(s)(i3.13(k)(i) of the Disclosure Schedules lists all Schedule accurately identifies and describes each item of Company Technology that is subject to the GNU General Public License, the Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, any other license identified as an open source license by the Open Source Software used by the Company Initiative (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇), or any substantially similar license (an “Open Source License”, and such item of its Subsidiaries and: (i) identifies the license applicable thereto (Company Technology, “Open Source Software”), including, where availablefor each such item, (A) identification of the Open Source License to which such item is subject; (B) whether such item was incorporated into or linked in any Company IP (and, if applicable, the specific version thereof under manner in which such Open Source Software were licensedwas incorporated or linked in); (iiC) identifieswhether (and, where availableif so, a URL at which how) the applicable Open Source Software are available and at which item was modified by the applicable license is identifiedCompany; and (iiiD) in whether (and, if so, how) the case of Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked to any proprietary Software of item was distributed by the Company or any of its SubsidiariesCompany.
(ii) Neither the Company nor its Subsidiaries have any Subsidiary has used, modified, or distributed any software that is subject to an Open Source Software License in a manner that: (A) could or does require (or could or does condition the use or distribution of such Software software on) the disclosure, licensing or distribution of any source code for any Owned IP or any portion of any material Company Product other than such Open Source SoftwareIP; (B) could or does require imposes any restriction on the licensing or disclosure of any Owned IP, or any portion consideration to be charged for the distribution of any Company Product other than such Open Source Software, for the purpose of making derivative worksIP; (C) creates, or purports to create, obligations for the Company or any Subsidiary with respect to the Company IP or grants, or purports to grant, to any third party, any rights or immunities under any Company IP; or (D) could or does otherwise impose any other limitation, restriction or condition on the right or ability of the Company or its Subsidiaries to use or distribute any Owned IP, including restrictions on the consideration to be charged for the distribution of any Company Product; (D) creates obligations for the Company or its Subsidiaries with respect to Owned IP or grants to any Person any rights or immunities under Owned IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries Subsidiary to use or distribute any Company Product.
(iii) IP. The Company and its Subsidiaries have each Subsidiary has complied in all material respects with all of the terms and conditions of each applicable license for Open Source SoftwareLicense, including all requirements pertaining to attribution, privacy attribution and copyright notices, and all such Open Source Licenses have been Made Available. The Company has Made Available all internal policies and its Subsidiaries regulate the use, modification, and distribution guidelines related to use of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect contributions to Open Source Software.
Appears in 1 contract
Sources: Merger Agreement (F5 Networks Inc)
Use of Open Source Code. (i) Section 4.11(s)(i2.13(j) of the Disclosure Schedules lists all Schedule accurately identifies and describes: (i) each item of software licensed or distributed under the GNU General Public License, the GNU Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Initiative (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇) (each, an “Open Source License” and, such software, collectively, “Open Source Software”) that has been or was used by, incorporated into, linked with, or distributed with, any Company Product; (ii) the applicable Open Source License for such item of Open Source Software; and (iii) the manner in which such item of Open Source Software was used by, incorporated into or linked with the Company Product (which description includes whether (and, if so, how) such item was modified and/or distributed by the Company and whether (and, if so, how) such item was incorporated into and/or linked with any Company Product. None of the Company or any of its Subsidiaries and: (i) identifies the license applicable thereto (including, where available, the specific version thereof under which such has distributed or made available to any third party any Open Source Software were licensed); (ii) identifies, where available, a URL at which the applicable in connection with any Company Products. With respect to Open Source Software are available and at which the applicable license that is identified; and (iii) incorporated into, linked with, distributed with, or used in the case development of, any Company Product, the Company has complied in all respects with the terms of each Open Source Software licensed under a Copyleft License, describes how such Open Source Software has been integrated or combined with or linked including all requirements pertaining to any proprietary Software of the Company or any of its Subsidiariesattribution and copyright notices.
(ii) Neither the Company nor its Subsidiaries have any Subsidiary has used, modified, or distributed any Open Source Software in a manner that: (Ai) could or does require (or could or does condition the use or distribution of such Software on) requires the disclosure, licensing or distribution of any source code for any Owned Company IP or any portion of any material Company Product other than such Open Source Software; (Bii) could or does require requires the licensing or disclosure of any Owned IP, or any portion of any Company Product other than such Open Source Software, IP for the purpose of making derivative works; (Ciii) could or does otherwise impose imposes any limitation, restriction or condition on the right or ability of the Company or its Subsidiaries any Subsidiary to use or distribute any Owned Company IP, including restrictions on the consideration to be charged for the distribution of any Company Product; or (Div) creates obligations for the Company or its Subsidiaries any Subsidiary with respect to Owned Company IP or grants to any Person third party any rights or immunities under Owned Company IP; or (E) imposes any other limitation, restriction or condition on the right of the Company or its Subsidiaries to use or distribute any Company Product.
(iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.
Appears in 1 contract
Sources: Merger Agreement (FireEye, Inc.)