FREE AND OPEN SOURCE SOFTWARE Sample Clauses

FREE AND OPEN SOURCE SOFTWARE. The Supplier guarantees that the contractual products do not contain any free and open source software, unless this has been expressly agreed otherwise in writing in an individual agreement.
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FREE AND OPEN SOURCE SOFTWARE. Free and open source software (XXXX), 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 XXXX software is provided subject to a copyleft 7. See chapters 14–18 for a discussion of potentially applicable privacy laws.
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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 xxx.xxxxxxxxxxxxxxx.xxx/xxxxxxxx/XxxxxxxxXxxxxxxxx.xxxx. 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 xxx.xxxxxxxxxxxxxxx.xxx/xxxxxxxx/XxxxxxxxXxxxxxxxx.xxxx, 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.
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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 xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/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.
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FREE AND OPEN SOURCE SOFTWARE. 17.1 Our contracting partner is not permitted to incorporate Free and Open Source Software ("XXXX") into the Goods unless we have expressly consented to and/or requested it to do so. "XXXX" (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 XXXX 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 XXXX contained in a Deliverable or any other XXXX required for the use of a Deliverable, including in particular: o the name of the relevant XXXX ; o the version or revision numbers; o the indication of source (e.g. the original download URL) ;
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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 (XXXX Code). (b) XXXX Code components included with the Product are redistributed by Xxxxxxx XX under the terms of the applicable XXXX Code license for such component. (c) The Licensee’s receipt of XXXX Code components from Xxxxxxx XX under this Agreement neither enlarges nor curtails the Licensee’s rights or obligations defined by the XXXX Code license applicable to the XXXX Code component. (d) Copies of the XXXX Code licenses for XXXX Code components included with Product are included with or referenced on Vantari VR’s website, or in the Documentation.
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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 (“XXXX”) identified in the Software documentation and/or the applicable quotation. EIS does not license the XXXX to Ordering Activity. XXXX is merely provided as a convenience. If Ordering Activity determines to use the XXXX, Ordering Activity’s right to use such XXXX shall be governed by the applicable XXXX license agreement instead of the terms hereof.
Sample 1
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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.
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Related to FREE AND OPEN SOURCE SOFTWARE

  • Open Source Software The Software product may include certain open source components that are subject to open source licenses (“Open Source Software”), in which case, the embedded Open Source Software is owned by a third party. The Open Source Software is not subject to the terms and conditions of this XXXX. Instead, each item of Open Source Software is licensed under its applicable license terms which accompanies such Open Source Software. Nothing in this XXXX limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for the Open Source Software. Any fees charged by GC in connection with the SOFTWARE, do not apply to the Open Source Software for which fees may not be charged under the applicable license terms. The terms and conditions of the applicable license for the Open Source Software are available on the LICENSE.txt file, which is provided with the SOFTWARE.

  • Open Source Code “Open Source Code” shall mean any software code that is distributed as “free software” or “open source software” or is otherwise distributed publicly in source code form under terms that permit modification and redistribution of such software. Open Source Code includes software code that is licensed under the GNU General Public License, GNU Lesser General Public License, Mozilla License, Common Public License, Apache License, BSD License, Artistic License, or Sun Community Source License.

  • Third Party Software The Software may contain third party software which requires notices and/or additional terms and conditions. Such required Third Party Software notices and/or additional terms and conditions are located at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/xxxx-third-party/ (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement.

  • Open Source 15.1 All software created for the Buyer must be suitable for publication as open source, unless otherwise agreed by the Buyer. 15.2 If software needs to be converted before publication as open source, the Supplier must also provide the converted format unless otherwise agreed by the Buyer.

  • Software License Terms (a) Software that is made available by a Provider to Recipient in connection with any Service (any such Software being referred to herein as “TSA-Licensed Software”) provided hereunder will be subject to the terms set forth in this Section 3.5 except as otherwise provided in the applicable Service Schedule. The Provider hereby grants to the Recipient a non-exclusive, non-transferable license to use, in object code form, any TSA-Licensed Software that is made available by the Provider pursuant to a Service Schedule. For the avoidance of doubt, the Provider that makes available any TSA-Licensed Software in connection with the provision of any Service retains the unrestricted right to enhance or otherwise modify such TSA-Licensed Software at any time, provided that such enhancements or other modifications do not disrupt the provision of such Service to the Recipient. (b) The Recipient may not exceed the number of licenses, agents, tiers, nodes, seats, or other use restrictions or authorizations, if any, specified in the applicable Service Schedule. Some TSA-Licensed Software may require license keys or contain other technical protection measures. The Recipient acknowledges that the Provider may monitor the Recipient’s compliance with use restrictions and authorizations remotely, or otherwise. If the Provider makes a license management program available which records and reports license usage information, the Recipient agrees to appropriately install, configure and execute such license management program. (c) Unless otherwise permitted by the Provider, the Recipient may only make copies or adaptations of the TSA-Licensed Software for archival purposes or when copying or adaptation is an essential step in the authorized use of TSA-Licensed Software. If the Recipient makes a copy for backup purposes and installs such copy on a backup device, the Recipient may not operate such backup installation of the TSA-Licensed Software without paying an additional license fee, except in cases where the original device becomes inoperable. If a copy is activated on a backup device in response to failure of the original device, the use on the backup device must be discontinued when the original or replacement device becomes operable. The Recipient may not copy the TSA-Licensed Software onto or otherwise use or make it available on, to, or through any public or external distributed network. Licenses that allow use over the Recipient’s intranet require restricted access by authorized users only. (d) The Recipient must reproduce all copyright notices that appear in or on the TSA-Licensed Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal use. (e) Notwithstanding anything to the contrary herein, certain TSA-Licensed Software may be licensed under the applicable Service Schedule for use only on a computer system owned, controlled, or operated by or solely on behalf of the Recipient and may be further identified by the Provider by the combination of a unique number and a specific system type (“Designated System”) and such license will terminate in the event of a change in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within the possession or control of the Recipient. (f) The Recipient will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the TSA-Licensed Software. Where the Recipient has other rights mandated under statute, the Recipient will provide the Provider with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation and the purposes therefor. (g) The Recipient may permit a consultant or subcontractor to use TSA-Licensed Software at the licensed location for the sole purpose of providing services to the Recipient. (h) Upon expiration or termination of the Service Schedule under which TSA-Licensed Software is made available, the Recipient will destroy the TSA-Licensed Software. The Recipient will remove and destroy or return to the Provider any copies of the TSA-Licensed Software that are merged into adaptations, except for individual pieces of data in the Recipient’s database. The Recipient will provide certification of the destruction of TSA-Licensed Software, and copies thereof, to the Provider. The Recipient may retain one copy of the TSA-Licensed Software subsequent to expiration or termination solely for archival purposes. (i) The Recipient may not sublicense, assign, transfer, rent, or lease the TSA-Licensed Software to any other person except as permitted in this Section 3.5. (j) The Recipient agrees that the Provider may engage a third party designated by the Provider and approved by the Recipient (such approval not to be unreasonably withheld) to audit the Recipient’s compliance with the Software License terms. Any such audit will be at the Provider’s expense, require reasonable notice, and will be performed during normal business hours. Such third party will be required to execute a non-disclosure agreement that restricts such third party from disclosing confidential information of the Recipient to the Provider, except to the extent required to report on the extent to which the Recipient is not in compliance with the Software License terms.

  • OPEN SOURCE COMPONENTS The DS Offerings may include open source components. Whenever notices (such as acknowledgment, copies of licenses or attribution notice) are required by the original licensor, such notices are included in the Documentation of the DS Offerings. Moreover, some open source components may not be distributed and licensed under the terms of the Agreement but under the terms of their original licenses as set forth in the Documentation of the DS Offerings themselves. Source code for open source software components is available upon request. Except for components mentioned in the section EXCLUSIONS below, the warranty and indemnification provided by DS under the Agreement apply to all open source software components and shall be provided by DS and not by the original licensor, but only for the use of the DS Offerings that is in compliance with the terms of the Agreement, and in conjunction with the DS Offerings. The original licensors of said open source software components provide them on an “as is” basis and without any liability whatsoever to Customer.

  • SOFTWARE LICENSE GRANT Where Product is acquired on a licensed basis the following shall constitute the license grant:

  • Software License The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

  • Software Licenses Seller has all necessary licenses to use all material third-party software used in Seller's business, and Seller's use of third-party software does not infringe the rights of any Person.

  • Software Licence The following licence terms apply whether HP provides software to Customer as part of a managed service or as a separate software transaction.

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