No Open Source Software. Seller represents and warrants that, to the best of its knowledge after proper due diligence and inquiry, the Goods does not include any portion of any Open Source Software except for that noted in any associated product schedule. Seller agrees it shall defend, indemnify and hold harmless Buyer, its affiliates and any other entity licensed to Use the Goods against any and all losses, damages, costs and expenses arising from or relating to a breach by Seller of any of its obligations or representations of this warranty, including, without limitation, any third party claims in connection with such breach.
No Open Source Software. Cireson represents and warrants that none of the applications comprising the Software as delivered to the Cireson Reseller contain any code or materials subject to non-negotiable licenses, including, without limitation, any “open source” or “freeware” software or any other materials requiring that software combined or distributed with such materials be disclosed or distributed in source code form, licensed for the purpose of making derivative works, or re-distributable at no charge or subject to material limitations or conditions. Disclaimer. LICENSEE ACKNOWLEDGES THAT NO EXPRESS WARRANTIES HAVE BEEN MADE BY CIRESON OTHER THAN THOSE SET FORTH HEREIN. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S USE OF THE INFORMATION OR INFRINGEMENT OTHER THAN THOSE SET FORTH HEREIN. THESE WARRANTIES AND THE ASSOCIATED REMEDIES ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE.
No Open Source Software is or has been included, incorporated or embedded in, combined or distributed with or used in the delivery or provision of any Company Software or any Company Offering, in each case, in a manner that subjects any Company Software to any Copyleft License or that requires any of the Acquired Companies to grant any Intellectual Property License with respect to their Patents.
No Open Source Software. The Company and the Company Subsidiaries have not (i) incorporated in or otherwise utilized Open Source Software with respect to any Company Products distributed or made available to any other Person, including its customers, distributors, service contractors and resellers, and have not utilized any Open Source Software in the operation of their businesses in a manner which would require that any Company Proprietary Software or any Company Products (excluding the original Open Source Software) be disclosed or distributed in source code form, made available at no charge or otherwise licensed to Third Parties.
No Open Source Software. Supplier represents and warrants that, unless otherwise agreed in writing by Fresenius Kabi, to the best of its knowledge after proper due diligence and inquiry, its software product and/or software/hardware product to be provided to Fresenius Kabi for use or distribution by Fresenius Kabi (including in Fresenius Kabi's product packages or through a download from Fresenius Kabi's website, or otherwise) does not include any portion of any Open Source Software (as defined below). SUPPLIER AGREES THAT IT WILL DEFEND, INDEMNIFY AND HOLD HARMLESS FRESENIUS KABI, ITS AFFILIATES AND ITS AND ITS AFFILIATES’ OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND CUSTOMERS AGAINST ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, JUDGMENTS, DAMAGES, AND EXPENSES (INCLUDING ATTORNEYS' FEES ACTUALLY INCURRED) ARISING FROM A BREACH BY SUPPLIER OF ANY OF ITS OBLIGATIONS OR REPRESENTATIONS HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY CLAIMS IN CONNECTION WITH ANY SUCH BREACH. For the purpose of this representation and warranty, the term Open Source Software means any software licensed under the terms that may create an obligation (a) to disclose or distribute source code; or (b) to grant a license for the purpose of making derivative works; or (c) to grant a right, license, covenant, or immunity in connection with intellectual property rights. By means of example and without limitation Open Source Software is software licensed under GNU General Public License (“GPL”), Affero General Public License (“AGPL”), Lesser General Public License (“LGPL”), Common Public License, the Artistic License, and Mozilla Public License.
No Open Source Software. Except as set forth in Schedule 4.17(l) of the Disclosure Schedules, to the Knowledge of DERMAdoctor, the Business Software (excluding commercial-off-the-shelf software) does not contain any open source, free, shared or public library software, including any GNU General Public License, GNU Lesser General Public Library, Library General Public License, Lesser General Public License, Mozilla license, Berkeley Software Distribution license, Open Source Initiative license, MIT, Apache, and/or public domain licenses, or any other “open source” or freeware type licenses.
No Open Source Software. The Company has not incorporated, combined or used any open source software in, as part of, or distributed with the Company’s goods or services such that any goods or services or any proprietary software related to the business of the Company has or, to the extent used, incorporated, combined and distributed in the same manner as done currently by the Company, may become open source.
No Open Source Software is incorporated (either directly by the Company, or indirectly, by the incorporation of third-party software that itself incorporates Open Source Software) into any Company Products or used in connection with any of the Company Products, including in the development or testing thereof.
No Open Source Software is or has been included, incorporated or embedded in, linked to, combined, made available or distributed with any Software owned by the Company Group (including distributed to any of its customers), in each case, in a manner that requires or obligates the Company Group to: (i) disclose, contribute, distribute, license or otherwise make available to any Person (including the open source community) any Software (including any source code) constituting Owned Intellectual Property; (ii) license any Software constituting Owned Intellectual Property for making modifications or derivative works of, or reverse-engineering, any such Software; (iii) disclose, contribute, distribute, license or otherwise make available to any third Person any portion of any source code constituting Owned Intellectual Property, (iv) create any obligation for the Company Group to grant, or purport to grant, to any Person any rights or immunities under any Owned Intellectual Property (including any patent non-asserts or patent licenses), or (v) otherwise impose any limitation, restriction, or condition on the right or ability of the Company Group to use any Owned Intellectual Property (other than standard notice and attribution requirements). The Company Group is in material compliance with the terms and conditions of all licenses for Open Source Software used in the business of the Company Group.
No Open Source Software. Except as set forth on Part 3.11(j) of the Company Disclosure Schedule, no Open Source Software forms part of any Company Product or Company Service and no Open Source Software was or is used in connection with the development of any Company Product or Company Service or is incorporated into, in whole or in part, or has been distributed with, in whole or in part, any Company Product, or Company Service. As used in this Section 3.11, “Open Source Software” means any software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software (as defined by the Free Software Foundation), open source software (e.g., software distributed under any license approved by the Open Source Initiative) or similar licensing or distribution models and requires the distribution of source code to licensees, including software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL); (ii) the Artistic License (e.g., PERL); (iii) the Mozilla Public License; (iv) the Netscape Public License; (v) the Sun Community Source License (SCSL); (vi) the Sun Industry Standards License (SISL); (vii) the BSD License; or (viii) the Apache License. Except as set forth on Part 3.11(j) of the Company Disclosure Schedule, any Open Source Software used by Company in a Company Product or in the business of Company is used in compliance with the requirements of the applicable license and Company has documented such compliance. The use of Open Source Software in Company Products or in the business of Company has not resulted in the release of any proprietary code written by Company employees or independent contractors for Company to be required to be released under the terms of an Open Source Software License. Except as set forth on Part 3.11(j) of the Company Disclosure Schedule, no proprietary code written by Company employees or independent contractors for Company has been released under the terms of an Open Source Software type of license.
