Use of Open Source Software Clause Samples

Use of Open Source Software. 9.1 In the event that Open Source Software is provided in or in connection with any Software, Supplier shall: (a) set out in the relevant Supply Order full details of the Open Source Software used including the name, the range, application and description of the Open Source Software that is used; (b) notify the UBS Contract Manager with the details specified in clause 9.1(a) above in the event that Supplier wishes to use any Open Source Software in any Update, Upgrade or Support Modification or as part of any other Services; and (c) ensure that any such use of Open Source Software does not result in any non-trivial adverse impact to, or create any obligations in respect of: (i) UBS’s IP Rights, UBS Systems or UBS Materials; and (ii) on any warranty or license or right granted under this Agreement. 9.2 Breach of clause 9.1(c) will constitute an irremediable material breach for the purposes of clause 10.3(e) (Termination) of the General Terms and Conditions.

Use of Open Source Software. (i) Section 3.12(j)(i) of the Company Disclosure Schedule accurately identifies and describes each item of Open Source Software that is or has been included, incorporated or embedded in, linked to, combined, distributed or made available with, or used by the Company or the Company’s Subsidiaries in the development, delivery or provision of any Company Product or any Software otherwise included in the Company IP. (ii) Except as set forth in Section 3.12(j)(ii) of the Company Disclosure Schedule, no Open Source Software is or has been included, incorporated or embedded in, linked to, combined with any Company Product or any proprietary Software of the Company, in each case, in a manner that (A) subjects any Company IP to any Copyleft License, (B) creates obligations (other than the requirements pertaining to attribution and copyright notices conditions contained in the licenses governing the Open Source Software) for the Company or any of the Company Subsidiaries with respect to Company IP or grants to any Person any rights or immunities under Company IP or (C) otherwise imposes any limitation, restriction or condition on the right or ability of the Company or any of the Company Subsidiaries to use or distribute any Company Products or Company IP (other than the requirements pertaining to attribution and copyright notices conditions contained in the licenses governing the Open Source Software). (iii) The Company and the Company Subsidiaries have complied with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution and copyright notices, in all material respects.

Use of Open Source Software. Except with respect to open source software provided or made available to Contractor by County (or except further to the extent Contractor was otherwise directed by County to use open source software), Contractor represents and warrants that: (a) the performance of any Services, the delivery of any deliverables pursuant to this Contract, or the use of the VSAP Solution will not cause County to be in violation of any open source licenses or otherwise require the publication of any software pursuant to the terms of such open source licenses; and (b) provided that County uses the VSAP Solution in accordance with the applicable licenses and/or notices given to County by Contractor, including, without limitation, providing appropriate licenses and/or notices with any distribution of the VSAP Solution, in the form and to the extent such licenses and/or notices were provided by Contractor to County, County's use of the VSAP Solution under this Contract does not, or will not with the passage of time, violate any open source licenses or otherwise require the publication of any software pursuant to the terms of such open source licenses. As County's exclusive remedy for a breach of this Sub- paragraph 2.1.5.1, Contractor will either obtain a license for County's use (as permitted under this Contract) of the affected open source software without publication, or provide a functionally equivalent replacement that would not cause a breach of this Sub-paragraph 2.1.5.1 or publication of such software. For the avoidance of doubt, the immediately preceding sentence does not limit any obligations of Contractor in respect of third-party claims and losses under Sub- paragraph 8.23 (Indemnification).

Use of Open Source Software. (i) Schedule 4.12(m)(i) accurately identifies and describes each item of 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 embedded in, linked to, combined, distributed or made available with, or used in the development, delivery or provision of such Company Product (such description shall include whether (and if so, how) the Open Source Software was modified and/or distributed by the Company. (ii) No Open Source Software 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, in each case, in a manner that: (A) subjects any Company IP, or part thereof, to any Copyleft License (other than Copyleft Licenses governing the Open Source Software listed in Schedule 4.12(m)(i); (B) creates obligations for the Company with respect to Company IP or grants to any Person any rights or immunities under Company IP (other than the licenses governing Open Source Software listed in Schedule 4.12(m)(i)); or (C) otherwise imposes any limitation, restriction or condition on the right or ability of the Company to use or distribute any Company Product or Company IP (other than the limitations, restrictions, or conditions contained in the licenses governing the Open Source Software listed in Schedule 4.12(m)(i)). (iii) The Company has materially complied with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution and copyright notices. (iv) Schedule 4.12(m)(iv) sets forth an accurate and complete list of each third party project relating to Open Source Software to which Company has made contributions, commitments or submissions and, for each project: (A) the license under which such contribution, commitment or submission was made; and (B) whether a corporate contribution license agreement was executed on behalf of Company in connection with such project.

Use of Open Source Software. No Open Source Software (OSS) of the Collaborator or others may be used in the performance of this CRADA, unless the Collaborator first identifies the proposed OSS and provides a copy of the applicable license for review and receives written approval by the Government. This restriction applies to Collaborator’s subcontractors and any others proposed to perform work under this CRADA.

Use of Open Source Software. The use of open source software in Work Results shall always require the prior written consent of the Customer and any open source components, as well as the license terms and conditions that apply to them, shall be specified in the Agreement.

Use of Open Source Software. 10.5.1 The User is aware and agrees that when using the Service and Access Software, Open Source Software (“OSS”) may be used, which is provided in association with ADS-TEC’s Service. Any OSS provided within the association may be subject to separate terms and conditions, which must be applied in whole or in part to the OSS (“Open Source License Terms”). In this case, OSS will be subject to the respective separate Open Source License Terms in addition to these Terms of Use.

Use of Open Source Software. Spiceware Software may include a specific software or library using open-source software. In this case, the license to the open-source software is granted to you in accordance with the terms and conditions of its proprietary license applicable.

Use of Open Source Software. Executive Director assures that without the approval of the Company, either in writing or by email, he does not incorporate any software into the products or services of the Company in such a way as would necessitate the publication or licensing of the source codes of the software of the Company under any applicable GNU General Public License, a Lesser General Public License or a similar license. § 7 CONFLICTS OF INTEREST. Executive Director confirms that his work at the Company is not in conflict with any agreement with a former employer or with any agreement with a third party. § 8