Limited License Software Clause Samples

Limited License Software. (i) Schedule 6.17(q)(i) lists all Software that is used in connection with a Company Product that is subject to a Limited License and owned, licensed, distributed or used in connection with software development, maintenance, support, or services by the Company or any of its Subsidiaries, and separately identifies for each item listed on such Schedule the Limited License that applies to such Software. A “Limited License” is any type of Contract or distribution model that contains provisions that: (i) prohibit or restrict the Company’s or any Subsidiary’s ability to charge a royalty or receive consideration in connection with the sublicensing or distribution of any Software (including the Company Products); (ii) require the distribution or making available of source code of any Software (including the Company Products); (iii) except as specifically permitted by law, grant any right to any Person (other than the Company or any of its Subsidiaries) or otherwise allow any such Person to decompile, disassemble or otherwise reverse engineer any Software; (iv) require the licensing of any Software for the purpose of making derivative works; (v) restrict a Person’s ability to place restrictions on Software; (vi) permits the Company or any Subsidiary to distribute or otherwise use the Software without incurring a monetary obligation subject to the satisfaction of non-monetary obligations or conditions (by way of example only and without limitation, distributing the Software with particular copyright notices); or (vii) creates, or purports to create obligations for the Company or any of its Subsidiaries with respect to any Owned Intellectual Property or grants, or purports to grant, to any third party, any rights or immunities related to any Owned Intellectual Property. By way of example and without limitation, such provisions would include provisions that conditionally require the distribution of works containing Company Owned Software if the Company Owned Software is based on the Software subject to a Limited License. The term “Limited License” also includes the following: (A) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (B) the Artistic License (e.g., PERL), (C) the Mozilla Public License, (D) the Eclipse Public License (EPL), (E) the Netscape Public License, (F) the Sun Community Source License (SCSL), and (G) the Sun Industry Standards License (SISL), and (H) the Afero General Public License, or