Common use of Open Source Software Clause in Contracts

Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTYWARRANTY OR CONDITION, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELLALCIT, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the The Software may contain come bundled or consist of open source softwareotherwise be distributed with Open Source Software that is subject solely to the agreement terms, which you may use under the terms conditions, limitations, and conditions disclaimers of the specific license (each “Different Terms”) under which such Opens Source Software is redistributed to Company by Trend Micro and NOT this Agreement. Different Terms applicable to any Open Source Software redistributed in any Software provided hereunder will be identified by Trend Micro in the open source software is distributedDocumentation for, and/or in a "Read Me" or an "About" file in, the Software. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "BY TREND MICRO “AS IS" , WITH ALL FAULTS, AS AVAILABLE” WITHOUT (AND TREND MICRO SPECIFICALLY DISCLAIMS) ANY WARRANTYGUARANTEE, CONDITION, OR WARRANTY (EXPRESS, IMPLIED, OR OTHERWISE) OF ANY KIND OR NATURE, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND/OR ANY WARRANTY REGARDING TITLE OR AGAINST NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, TREND MICRO SHALL HAVE NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS HOWSOEVER CAUSED AND/OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND OTHERWISE BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES.

Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE SUBSTUTUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the The Software may contain include or consist of incorporate from time to time various Open Source Software. Open Source Software is governed solely by the applicable open source softwarelicensing terms, which you may use under the terms if any, and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "provided “AS IS" ” AND WITHOUT (AND NTREPID SPECIFICALLY DISCLAIMS) ANY WARRANTYGUARANTEE, CONDITION, OR WARRANTY (EXPRESS, IMPLIED, OR OTHERWISE) OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT THE IMPLIED WARRANTY OF SUBSTITUTE GOODS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND/OR SERVICES; LOSS NON- INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USESERVICE, DATAAS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, NTREPID SHALL HAVE NO LIABILITY FOR ANY DIRECT OR PROFITS; EXCLUDED DAMAGES, HOWSOEVER CAUSED AND/OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND OTHERWISE BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF NTREPID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. For all Services, a list of the Open Source Software contained in the Software is set forth in the Documentation.

Open Source Software. A portion of the The Software may contain come bundled or consist of open source softwareotherwise be distributed with Open Source Software that is subject solely to the agreement terms, which you may use under the terms conditions, limitations, and conditions disclaimers of the specific license (each “Different Terms”) under which such Opens Source Software is redistributed to Company by TXOne Networks and NOT this Agreement. Different Terms applicable to any Open Source Software redistributed in any Software provided hereunder will be identified by TXOne Networks in the open source software is distributedDocumentation for, and/or in a "Read Me" or an "About" file in, the Software. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "BY TXONE NETWORKS “AS IS" , WITH ALL FAULTS, AS AVAILABLE” WITHOUT (AND TXONE NETWORKS SPECIFICALLY DISCLAIMS) ANY WARRANTYGUARANTEE, CONDITION, OR WARRANTY (EXPRESS, IMPLIED, OR OTHERWISE) OF ANY KIND OR NATURE, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND/OR ANY WARRANTY REGARDING TITLE OR AGAINST NON- INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, TXONE NETWORKS SHALL HAVE NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS HOWSOEVER CAUSED AND/OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND OTHERWISE BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF TXONE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES.

Open Source Software. A portion of the The Software may contain include, or consist may be distributed on the same media or in the same download with Open Source Software, of open source software, which you may use under the terms are available at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/support/open-sources-licensing- agreements/ . Open Source Software shall remain subject to such terms and conditions of the specific license under which the open source software are licensed pursuant to such terms. The Open Source Software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "provided on an “AS IS" ” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY WARRANTYKIND, EXPRESS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR OTHERWISECONDITIONS OF TITLE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NEITHER SCALE NOR THE AUTHORS OF THE OPEN SOURCE SOFTWARE SHALL HAVE ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDINGINCLUDING WITHOUT LIMITATION LOST PROFITS), BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON IN ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THIS THE OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.DAMAGES. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files. If the Open Source Software license also requires source code to be made available, such source code is available at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/support/open-sources-licensing-agreements/.

Open Source Software. A portion of the Software may contain or consist of open source softwareNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT INCLUDING THIS Section 4.2. AND SECTION 6 BELOW, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS ALL OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "“AS IS" ” WITHOUT WARRANTY OF ANY WARRANTY, EXPRESS, KIND. NVIDIA MELLANOX AND ITS SUPPLIERS MAKE NO WARRANTY EXPRESS OR IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENTPURPOSE RELATING TO THE USE OF SUCH OPEN SOURCE SOFTWARE. IN NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, NVIDIA MELLANOX OR THE CONTRIBUTORS ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, ; DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF IN CONNECTION WITH THE OPEN SOURCE SOFTWARE OR THE USE OF THIS SUCH OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the Software Each Licensed Product may contain or consist of be delivered with software that is subject to open source software, which you may use under licensing terms (“Open Source Software”). Client agrees that all Open Source Software shall be and shall remain subject to the terms and conditions of the specific license under which the open source software it is distributedprovided. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "The Open Source Software is provided “AS IS" ,” WITHOUT ANY WARRANTYWARRANTY OF ANY KIND, AND SUPPLY CHAIN WIZARD, LLC FURTHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIEDIMPLIED OR STATUTORY, OR OTHERWISEWITH RESPECT TO OPEN SOURCE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SUPPLY CHAIN WIZARD, OR LLC NOR THE LICENSORS OF OPEN SOURCE SOFTWARE SHALL HAVE ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDINGINCLUDING WITHOUT LIMITATION LOST PROFITS), BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THIS THE OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files.

Open Source Software. A portion of the Software may contain or consist of open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARYPUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Open Source Software. A portion of the The Software may contain come bundled or consist of open source softwareotherwise be distributed with Open Source Software that is subject solely to the agreement terms, which you may use under the terms conditions, limitations, and conditions disclaimers of the specific license (each “Different Terms”) under which such Opens Source Software is redistributed to Company by TXOne Networks and NOT this Agreement. Different Terms applicable to any Open Source Software redistributed in any Software provided hereunder will be identified by TXOne Networks in the open source software is distributedDocumentation for, and/or in a "Read Me" or an "About" file in, the Software. THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "BY TXONE NETWORKS “AS IS" , WITH ALL FAULTS, AS AVAILABLE” WITHOUT (AND TXONE NETWORKS SPECIFICALLY DISCLAIMS) ANY WARRANTYGUARANTEE, CONDITION, OR WARRANTY (EXPRESS, IMPLIED, OR OTHERWISE) OF ANY KIND OR NATURE, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND/OR ANY WARRANTY REGARDING TITLE OR AGAINST NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, TXONE NETWORKS SHALL HAVE NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS HOWSOEVER CAUSED AND/OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND OTHERWISE BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF TXONE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES.