Common use of PROHIBITED SOFTWARE Clause in Contracts

PROHIBITED SOFTWARE. This clause only applies to Services/Items that include the delivery of software. As used herein, “Prohibited License” means the General Public License (“GPL”) or Lesser/Library GPL, the Artistic License (e.g., PERL), the Mozilla Public License, the Netscape Public License, the Sun Community Source License, the Sun Industry Standards License, or variations thereof, including without limitation licenses referred to as “GPL-Compatible, Free Software License.” As used herein, “Prohibited Software” means software that incorporates or embeds software in, or integrates software in connection with, as part of, bundled with, or alongside any (i) open source, publicly available, or “free” software, library or documentation; or (ii) software that is licensed under a Prohibited License; or (iii) software provided under a license that (a) subjects the delivered software to any Prohibited License; or (b) requires the delivered software to be licensed for the purpose of making derivative works or be redistributable at no charge; or (c) obligates Buyer to sell, loan, distribute, disclose or otherwise make available or accessible to any third party: (1) The delivered software, or any portion thereof, in object code and/or source code formats; or (2) Any Items incorporating the delivered software, or any portion thereof, in object code and/or source code formats. Unless Seller has obtained Buyer’s prior written consent, which Buyer may withhold in its sole discretion, Seller shall not use in connection with this Order, or deliver to Buyer, any Prohibited Software. Seller agrees to defend, indemnify, and hold harmless Buyer, its customers and suppliers from and against any claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, to the extent Seller caused Buyer to use or deliver Prohibited Software in connection with this Order.