Except for Open Source Software Clause Samples

Except for Open Source Software. You have no rights under this LLA to, and may not under any circumstances use the Licensed Materials or any parts thereof such that they become subject to any Open Source Terms. These actions include but are not limited to combining the Licensed Materials by means of incorporation or linking or otherwise.

Except for Open Source Software and Off-the-Shelf Software that is used or included in any Company Product or its otherwise used in connection with the business of the Acquired Companies as currently conducted, no Acquired Company is granted (or entitled to be granted) any license, sublicense, covenant not to sue/assert, waiver, release or other immunity, right of first offer, refusal or negotiation, option or other right or interest (including or where an Acquired Company is the beneficiary of a covenant or obligation not to assert any Intellectual Property Rights against an Acquired Company or any existing or future Affiliate of an Acquired Company prior to asserting such Intellectual Property Rights against any other Person or a covenant or obligation to exhaust remedies as to particular Intellectual Property Rights against any Person prior to seeking remedies against an Acquired Company) from a Person with respect to any Intellectual Property Rights, and, except for (A) Open Source Software, (B) Off-the-Shelf Software that is not used or included in any Company Product, no such Intellectual Property Right of a third party is used in or proposed to be used in the business of any Acquired Company or otherwise is necessary to the conduct of the business of any Acquired Company. ‎Section 3.12(d)(i) of the Company Disclosure Schedule sets forth a complete and accurate list of all Contracts pursuant to which any Acquired Company has granted (or is required to grant) any license (other than short-term non-exclusive evaluation licenses granted in the ordinary course), sublicense, covenant not to sue/assert, waiver, release or other immunity, right of first offer, refusal or negotiation, option or other right or interest (including where an Acquired Company or any existing or future Affiliate of an Acquired Company has undertaken or assumed any obligation not to assert any current or future Intellectual Property Rights against any Person prior to asserting such Intellectual Property Rights against any other Person or any obligation to exhaust remedies as to any Intellectual Property Rights against one or more Persons prior to seeking remedies against any other Person) to any Person with respect to any Company Intellectual Property (including any Contracts where Company Intellectual Property is incorporated in, tied, bundled or co-branded with any third-party Intellectual Property Rights or any third-party product). Collectively, the Contracts referenced in this ‎Section 3.12, or required to b...