Common use of Open Source Code Clause in Contracts

Open Source Code. With respect to open source software, Balsamiq hereby represents and warrants: (a) that the Licensee’s use thereof does not create, or purport to create, obligations on the Licensee to grant licenses or usage rights to the general public to any source or object code, whether such code is embedded in the Product or any other software provided under this Agreement or used in conjunction therewith; (b) that in no event shall the Licensee be liable for any damages whatsoever, whether direct or indirect, and whether experienced by Balsamiq or a third party, which are related to a loss of Balsamiq or any third party resulting from such use of Open Source Software hereunder; and (c) to, and hereby does, waive any claims it may have against the Licensee in relation to The Licensee’s use of such open source software. All open source software included in Balsamiq Product is listed on Exhibit A attached to this Agreement.

Open Source Code. With respect to open source software, Balsamiq hereby represents and warrants: (a) that the Licensee’s use thereof does not create, or purport to create, obligations on the Licensee to grant licenses or usage rights to the general public to any source or object code, whether such code is embedded in the Product or any other software provided under this Agreement or used in conjunction therewith; (b) that in no event shall the Licensee be liable for any damages whatsoever, whether direct or indirect, and whether experienced by Balsamiq or a third party, which are related to a loss of Balsamiq or any third party resulting from such use of Open Source Software hereunder; and (c) to, and hereby xxxxxx does, waive any claims it may have against the Licensee in relation to The Licensee’s use of such open source software. All open source software included in Balsamiq Product is listed on Exhibit A attached to this Agreement.