Common use of RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Clause in Contracts

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees to provide Contractor assigns to the State a royalty-freePurchasing Entity and its successors and assigns, non-exclusive the entire right, title, and irrevocable license to reproduce publish or otherwise use interest in and to authorize others all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to use the Work Product described hereinand all works based on, for derived from, or incorporating the Federal Awarding Agency’s and State’s purposes. All Work Product under an Order. Whether or not Contractor is under contract with the State at the time, Contractor shall be delivered execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the Purchasing Entity to secure patents, copyrights, licenses and other intellectual property rights related to the State by Subrecipient upon completion or termination hereofWork Product. To the extent that Work Product would fall under the definition of “works made for hire” under 17 U.S.C.S. §101, the parties intend the Work Product to be a work made for hire. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this AgreementParticipating Addendum, all any pre- existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of SubrecipientContractor’s obligations in this Agreement Participating Addendum without the prior written consent of the State. Upon termination of this Agreement Participating Addendum for any reason, Subrecipient Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient Contractor Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient Contractor including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient Contractor under this Agreementthe Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Contractor Property”). Subrecipient Contractor Property shall be licensed to the State as set forth in this Agreement Contract or a State approved license agreement: (i) entered into as exhibits to this Agreement, Contract; (ii) obtained by the State from the applicable third-party vendor, ; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to provide enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State a royalty-freeand its successors and assigns, non-exclusive the entire right, title, and irrevocable license to reproduce publish or otherwise use interest in and to authorize others all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to use the Work Product described hereinand all works based on, for derived from, or incorporating the Federal Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereofProduct. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf of the State to Subrecipient Grantee are the exclusive property of the State (collectively, “State Materials”). Subrecipient Grantee shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of SubrecipientGrantee’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Subrecipient Grantee shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient Grantee Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient Grantee including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient Grantee under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Grantee Property”). Subrecipient Grantee Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Awarding Agency’s Government and State’s State purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all any pre-existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Product‌ Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Awarding Agency’s Government and State’s State purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State State‌ Except to the extent specifically provided elsewhere in this Agreement, all any pre-existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees to provide Solely to the State a royalty-freeextent relevant and applicable, non-exclusive Contractor assigns to the Purchasing Entity and irrevocable license to reproduce publish or otherwise use its successors and assigns, the entire right, title, and interest in and to authorize others all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to use the Work Product described hereinand all works based on, for derived from, or incorporating the Federal Awarding Agency’s and State’s purposes. All Work Product under an Order. Whether or not Contractor is under contract with the State at the time, Contractor shall be delivered execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the Purchasing Entity to secure patents, copyrights, licenses and other intellectual property rights related to the State by Subrecipient upon completion or termination hereofWork Product. To the extent that Work Product would fall under the definition of “works made for hire” under 17 U.S.C.S. §101, the parties intend the Work Product to be a work made for hire. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this AgreementParticipating Addendum, all any pre- existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of SubrecipientContractor’s obligations in this Agreement Participating Addendum without the prior written consent of the State. Upon termination of this Agreement Participating Addendum for any reason, Subrecipient Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient Contractor Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient Contractor including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient Contractor under this Agreementthe Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Contractor Property”). Subrecipient Contractor Property shall be licensed to the State as set forth in this Agreement Contract or a State approved license agreement: (i) entered into as exhibits to this Agreement, Contract; (ii) obtained by the State from the applicable third-party vendor, ; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees to provide Contractor assigns to the State a royalty-freePurchasing Entity and its successors and assigns, non-exclusive the entire right, title, and irrevocable license to reproduce publish or otherwise use interest in and to authorize others all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to use the Work Product described hereinand all works based on, for derived from, or incorporating the Federal Awarding Agency’s and State’s purposes. All Work Product under an Order (excluding any Rental Equipment). Whether or not Contractor is under contract with the State at the time, Contractor shall be delivered execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the Purchasing Entity to secure patents, copyrights, licenses and other intellectual property rights related to the State by Subrecipient upon completion or termination hereofWork Product. To the extent that Work Product would fall under the definition of “works made for hire” under 17 U.S.C.S. §101, the parties intend the Work Product to be a work made for hire. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this AgreementParticipating Addendum, all any pre- existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of SubrecipientContractor’s obligations in this Agreement Participating Addendum without the prior written consent of the State. Upon termination of this Agreement Participating Addendum for any reason, Subrecipient Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient Contractor Contractor retains the exclusive rights, title, and ownership to any and all Rental Equipment, pre-existing materials owned or licensed to Subrecipient Contractor including, but not limited to, all pre-pre- existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient Contractor under this Agreementthe Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Contractor Property”). Subrecipient Contractor Property shall be licensed to the State as set forth in this Agreement Contract or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.Contract;

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees to provide Contractor assigns to the State a royalty-freeand its successors and assigns, non-exclusive the entire right, title, and irrevocable license to reproduce publish or otherwise use interest in and to authorize others all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to use the Work Product described hereinand all works based on, for derived from, or incorporating the Federal Awarding Agency’s Work Product. Whether or not Contractor is under contract with the State at the time, Contractor shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State’s purposes, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. All To the extent that Work Product shall would fall under the definition of “works made for hire” under 17 U.S.C.S. §101, the Parties intend the Work Product to be delivered to the State by Subrecipient upon completion or termination hereofa work made for hire. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this AgreementContract, all any pre-existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of SubrecipientContractor’s obligations in this Agreement Contract without the prior written consent of the State. Upon termination of this Agreement Contract for any reason, Subrecipient Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient Contractor Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient Contractor including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient Contractor under this Agreementthe Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Contractor Property”). Subrecipient Contractor Property shall be licensed to the State as set forth in this Agreement Contract or a State approved license agreement: (i) entered into as exhibits to this Agreement, Contract; (ii) obtained by the State from the applicable third-party vendor, ; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees to provide If access to the State Product requires an application program interface (API), Contractor shall convey to Purchasing Entity an irrevocable and perpetual license to use the API during the System term. No transfer of ownership of any intellectual property will occur under this Agreement. Purchasing Entity grants Contractor a non-exclusive, worldwide, royalty-free right and license to any intellectual property that is necessary for Contractor and its designees to perform the ordered Services. If deliverables are created by Contractor specifically for Purchasing Entity and identified as such in Supporting Material, Contractor hereby grants Purchasing Entity a worldwide, non-exclusive, fully paid, irrevocable, royalty-free license to reproduce and use copies of the deliverables internally. B. License of Pre-Existing Intellectual Property Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, non-exclusive and irrevocable irrevocable, license to use, publish, translate, reproduce publish for Purchasing Entity’s own use, perform, display, and dispose of the Intellectual Property, and its derivatives, used or otherwise use and to authorize others to use the Work Product described hereindelivered under this Addendum, for the Federal Awarding Agency’s and State’s purposesbut not created under it (“Pre-existing Intellectual Property”). All Work Product The license shall be delivered subject to owner and 3rd party rights in the State by Subrecipient upon completion or termination hereofPre-existing Intellectual Property. B. C. Exclusive Property of the State Except to the extent specifically provided elsewhere in this AgreementParticipating Addendum, all any pre- existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are Contractor, shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of SubrecipientContractor’s obligations in this Agreement Participating Addendum without the prior written consent of the State. Upon termination of this Agreement Participating Addendum for any reason, Subrecipient Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. D. Exclusive Property of Subrecipient Subrecipient Contractor Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient Contractor including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient Contractor under this Agreementthe Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Contractor Property”). Subrecipient Contractor Property shall be licensed to the State as set forth in this Agreement Contract or a State approved license agreement: (i) entered into as exhibits to this Agreement, Contract; (ii) obtained by the State from the applicable third-party vendor, ; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Awarding Agency’s Government and State’s State purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all any pre-existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s 's obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.

RIGHTS IN WORK PRODUCT AND OTHER INFORMATION. A. Work Product i. Assignments and Assistance The Parties intend the Work Product Subrecipient agrees to provide be works made for hire. Grantee assigns to the State a royalty-freeand its successors and assigns, non-exclusive the entire right, title, and irrevocable license to reproduce publish or otherwise use interest in and to authorize others all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to use the Work Product described hereinand all works based on, for derived from, or incorporating the Federal Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereofProduct. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all any pre-existing State Records, documents, text, software (including source code)State software, research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, picturesnegatives or other documents, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, data and information provided by or on behalf of the State to Subrecipient are shall be the exclusive property of the State (collectively, “State Materials”). Subrecipient Grantee shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of SubrecipientGrantee’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Subrecipient Grantee shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient Grantee Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient Grantee including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-third- party materials, delivered by Subrecipient Grantee under this AgreementContract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Grantee Property”). Subrecipient Grantee Property shall be licensed to the State as set forth in this Agreement Contract or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement.