FREE AND OPEN SOURCE SOFTWARE Clause Samples

FREE AND OPEN SOURCE SOFTWARE. Portions of the Software provided to You may contain Open Source Software that is subject to a license that permits You to modify these portions and redistribute the modifications (an “Open Source License”). Your use, modification, and redistribution of the Open Source Software are governed by the terms and conditions of the applicable Open Source License. Some of the Open Source Software may be subject to: the GNU General Public License (GPL), the Lesser General Public License (LGPL), the Artistic License, the Mozilla Public License, Common Public License, the BSD License, the MIT License, the Apache License, the Creative Commons License, and/or other Open Source Licenses, copies of which are provided with the Software or can be found on Extreme’s website at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/support/policies/open-source- declaration/. In accordance with the terms of GPL and LGPL, You may request a copy of the relevant source code should GPL and/or LGPL terms apply to Your Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an “AS IS” basis, and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product, software, or services. Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty, if any, from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products’ recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration.

FREE AND OPEN SOURCE SOFTWARE. Portions of the Software (Open Source Software) provided to you may be subject to a license that permits you to modify these portions and redistribute the modifications (an Open Source License). Your use, modification and redistribution of the Open Source Software are governed by the terms and conditions of the applicable Open Source License. More details regarding the Open Source Software and the applicable Open Source Licenses are available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇. Some of the Open Source software may be subject to the GNU General Public License v.x (GPL) or the Lesser General Public Library (LGPL), copies of which are provided with the Licensed Materials and are further available for review at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇, or upon request as directed herein. In accordance with the terms of the GPL and LGPL, you may request a copy of the relevant source code. See the Software Licensing web site for additional details. This offer is valid for up to three years from the date of original download of the software.

FREE AND OPEN SOURCE SOFTWARE. Free and open source software (▇▇▇▇), which has become a hot topic in recent years, has had a revolutionary effect on many aspects of the software industry (this topic is discussed in detail in chapter 11). Most of these effects have been positive, and customers should avoid unreasonably fearful responses. The use of open source has grown to the point that it is often not reasonable to warrant that a product contains no open source materi- als. Instead, the prudent customer should make sure that the open source code is delivered in a compliant fashion and that it is aware of what restrictions may accompany the product it is receiving.8 In the context of software licensing between customers and vendors, there are two important elements to understand. First, the main legal risks for noncomplying parties arise under what are called the “copyleft” licenses, and not all ▇▇▇▇ software is provided subject to a copyleft 7. See chapters 14–18 for a discussion of potentially applicable privacy laws.

FREE AND OPEN SOURCE SOFTWARE. Solely as a convenience to Ordering Activity, the Software may be shipped along with certain free and open source software (“▇▇▇▇”) identified in the Software documentation and/or the applicable quotation. EIS does not license the ▇▇▇▇ to Ordering Activity. ▇▇▇▇ is merely provided as a convenience. If Ordering Activity determines to use the ▇▇▇▇, Ordering Activity’s right to use such ▇▇▇▇ shall be governed by the applicable ▇▇▇▇ license agreement instead of the terms hereof.

FREE AND OPEN SOURCE SOFTWARE. 17.1 Our contracting partner is not permitted to incorporate Free and Open Source Software ("▇▇▇▇") into the Goods unless we have expressly consented to and/or requested it to do so. "▇▇▇▇" (Free and Open Source Software) includes any software (including any updates and upgrades) which is subject to an open source licence. 17.2 Our contractual partner undertakes to inform us prior to the execution of the contract of the complete list of ▇▇▇▇ and open source licences which the contractual partner intends to use during the execution of the contract. 17.3 In this context, our contractual partner undertakes to provide us with the following information prior to the delivery of a delivery item: • the comprehensive and detailed list of the ▇▇▇▇ contained in a Deliverable or any other ▇▇▇▇ required for the use of a Deliverable, including in particular: o the name of the relevant ▇▇▇▇ ; o the version or revision numbers; o the indication of source (e.g. the original download URL) ;

FREE AND OPEN SOURCE SOFTWARE where the source code is openly shared and users can freely access, use, modify and redistribute the software or modified versions thereof, can contribute to research and innovation on the market. Such software is subject to licences that allow anyone the freedom to run, copy, distribute, study, change and improve the software. In order not to hamper innovation or research, this Directive should not apply to free and open-source software developed or supplied outside the course of a commercial activity, since products so developed or supplied are by definition not placed on the market. Developing or contributing to such software should not be understood as making it available on the market. Providing such ▌software on open repositories should not be considered as making it available on the market, unless this occurs in the course of a commercial activity. In principle, the supply of free and open-source software by non-profit organisations should not be considered as taking place in a business-related context, unless the supply occurs in the course of a commercial activity ▌. However, where software is supplied in exchange for a price or personal data is used other than exclusively for improving the security, compatibility or interoperability of the software, and is therefore supplied in the course of a commercial activity, the Directive should apply.

FREE AND OPEN SOURCE SOFTWARE. (a) The Product may include components (including Software, Source Code, programs, applications, tools, utilities, libraries, and other programming code) that are made available from third parties under a free or open source software licensing model (▇▇▇▇ Code). (b) ▇▇▇▇ Code components included with the Product are redistributed by ▇▇▇▇▇▇▇ ▇▇ under the terms of the applicable ▇▇▇▇ Code license for such component. (c) The Licensee’s receipt of ▇▇▇▇ Code components from ▇▇▇▇▇▇▇ ▇▇ under this Agreement neither enlarges nor curtails the Licensee’s rights or obligations defined by the ▇▇▇▇ Code license applicable to the ▇▇▇▇ Code component. (d) Copies of the ▇▇▇▇ Code licenses for ▇▇▇▇ Code components included with Product are included with or referenced on Vantari VR’s website, or in the Documentation.