Common use of PS OS Software Clause in Contracts

PS OS Software. Subject to the terms and conditions of this Agreement, PalmSource hereby grants to Licensee a limited, non-exclusive, non-transferable, fully-paid license to: (1) use, reproduce and modify Released Code for purposes of correcting errors in the PS OS Software for Licensee Products, provided that the Licensee Products incorporating the corrected PS OS Software are subject to all of the Test Criteria, Compatibility Certification and other requirements set forth in this Agreement; (2) use and reproduce Released Code as necessary for developing Licensee Add-On Modules (which modules are subject to the covenant not to Assert set forth in Section 10.6(c) (Covenant Not to Assert)); (3) use, reproduce and modify those certain portions of Released Code, but only for the limited purpose of developing Derivative Works to adapt and/or optimize such Released Code for hardware devices that are Licensee Products, provided that: (x) Licensee notifies PalmSource, as early as reasonably practicable, of the intended use of the Derivative Works Licensee intends to develop, together with a description of the methods of modifications that Licensee desires to use to develop such Derivative Works, (y) Licensee coordinates with PalmSource so that potential conflicts with PalmSource’s own developments can be avoided as much as possible within reason, and agrees to work together with PalmSource as reasonably necessary to avoid such conflicts, and (z) the Licensee Products incorporating such Derivative Works satisfy all of the Test Criteria and/or compatibility and certification tests developed in accordance with Section 2.3(a)(iii) (Compatibility Testing); (4) use and modify those certain portions of the Development Code provided under the conditions set forth in Appendix A for the limited purpose of conducting co-development projects with PalmSource under the Strategic Collaboration Agreement in accordance with the Test Criteria and compatibility requirements defined by PalmSource for such project, and other requirements set forth in this Agreement and the respective co-development agreement; and (5) use, reproduce and distribute any such Modifications made under this Section 2.9(b)(i) (PS OS Software) in object code form only in connection with, and for Modifications based on, GM Releases of the respective version of the PS OS Software by PalmSource and only to the same extent that Licensee is permitted to do so with respect to the corresponding PS Product Software pursuant to Section 2.2 (Distribution) above, and subject to all other applicable provisions of the Agreement.