Common use of Open Source Code Clause in Contracts

Open Source Code. Section 2.9(k) of the Disclosure Schedule lists all Open Source Materials that the Seller has utilized in any way in the Exploitation of the Software or Documentation included in the Internal Systems and describes the manner in which such Open Source Materials have been utilized, including, without limitation, whether and how the Open Source Materials have been modified and/or distributed by the Seller. The Seller has not (i) incorporated Open Source Materials into, or combined Open Source Materials with, the Acquired Assets; (ii) distributed Open Source Materials in conjunction with any other software developed or distributed by the Seller; or (iii) used Open Source Materials that create, or purport to create, obligations for the Seller with respect to the Acquired Assets or grant, or purport to grant, to any third party, any rights or immunities under Intellectual Property rights (including, but not limited to, using any Open Source Materials that require, as a condition of Exploitation of such Open Source Materials, that other Software incorporated into, derived from or distributed with such Open Source Materials be (x) disclosed or distributed in source code form, (y) licensed for the purpose of making derivative works, or (z) redistributable at no charge or minimal charge).

Open Source Code. Section 2.9(k3.11(k) of the Disclosure Schedule lists all Open Source Materials that the Seller has utilized in any way in the Exploitation of the Software Customer Offerings or Documentation included in the Internal Systems and describes the manner in which such Open Source Materials have been utilized, including, without limitation, including whether and how the Open Source Materials have been modified and/or distributed by the Seller. The Except as described in Section 3.11(k) of the Disclosure Schedule, the Seller has not (i) incorporated Open Source Materials into, or combined Open Source Materials with, the Acquired AssetsCustomer Offerings; (ii) distributed Open Source Materials in conjunction with any other software developed or distributed by the Seller; or (iii) used Open Source Materials that create, or purport to create, obligations for the Seller with respect to the Acquired Assets Customer Offerings or grant, or purport to grant, to any third party, any rights or immunities under Intellectual Property rights (including, but not limited to, including using any Open Source Materials that require, as a condition of Exploitation of such Open Source Materials, that other Software incorporated into, derived from or distributed with such Open Source Materials be (x) disclosed or distributed in source code form, (y) licensed for the purpose of making derivative works, or (z) redistributable at no charge or minimal charge).

Open Source Code. Section 2.9(k4.22(k) of the Disclosure Schedule lists all Open Source Materials that the Seller Company has utilized in any way in the Exploitation of the Software Company Offerings or Documentation included in the Internal Systems and describes the manner in which such Open Source Materials have been utilized, including, without limitation, whether and how the Open Source Materials have been modified and/or distributed by the SellerCompany. The Seller Except as specifically disclosed in Section 4.22(k) of the Disclosure Schedule, the Company has not (i) incorporated Open Source Materials into, or combined Open Source Materials with, the Acquired AssetsCustomer Offerings; (ii) distributed Open Source Materials in conjunction with any other software developed or distributed by the SellerCompany; or (iii) used Open Source Materials that create, or purport to create, obligations for the Seller Company with respect to the Acquired Assets Customer Offerings or grant, or purport to grant, to any third party, any rights or immunities under Intellectual Property rights (including, but not limited to, using any Open Source Materials that require, as a condition of Exploitation of such Open Source Materials, that other Software incorporated into, derived from or distributed with such Open Source Materials be (x) disclosed or distributed in source code form, (y) licensed for the purpose of making derivative works, or (z) redistributable at no charge or minimal charge).

Open Source Code. Section 2.9(k2.13(l) of the Disclosure Schedule lists all Open Source Materials that the Seller Company has utilized in any way in the Exploitation of the Software Company Offerings or Documentation included in the Internal Systems and describes generally the manner in which such Open Source Materials have been utilizedutilized by the Company, including, without limitation, whether and how the Open Source Materials have been modified and/or distributed by the SellerCompany. The Seller Company has not (i) incorporated Open Source Materials into, or combined Open Source Materials with, the Acquired AssetsCustomer Offerings or the Internal Systems; (ii) distributed Open Source Materials in conjunction with any other software developed or distributed by the SellerCompany; or (iii) used Open Source Materials that create, or purport to create, obligations for the Seller Company with respect to the Acquired Assets Customer Offerings or the Internal Systems or grant, or purport to grant, to any third party, any rights or immunities under Intellectual Property rights (including, but not limited to, using any Open Source Materials that require, as a condition of Exploitation of such Open Source Materials, that other Software incorporated into, derived from or distributed with such Open Source Materials be (x) disclosed or distributed in source code form, (y) licensed for the purpose of making derivative works, or (z) redistributable at no charge or minimal charge).