Common use of Third-Party and Open Source Software Clause in Contracts

Third-Party and Open Source Software. The Software may contain or require the use of third party technology that is provided with the Software, including open source software. Third party technology is licensed to Customer either under the terms of this Agreement or under separate license terms that shall be specified in the relevant Documentation, “read me” files, notice files, or other such documents or files (“Technology Subject to a Third-Party License”). Customer’s rights to use Technology Subject to a Third-Party License are subject to such separate license terms and are not restricted in any way by this Agreement and to the extent that a term of this Agreement is in conflict with any applicable mandatory right granted by a third-party license, it shall not apply. If any applicable third-party license requires SISW to furnish source code contained in the Technology Subject to a Third-Party License, SISW shall provide it upon written request, if applicable against payment of the shipping and handling charges. For avoidance of doubt, third party technology that is not Technology Subject to a Third-Party License shall be deemed part of the Software and is licensed to Customer under the terms of this Agreement.

Appears in 5 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Third-Party and Open Source Software. The Software may contain or require the use of third party technology that is provided with the Software, including open source software. Third party technology is licensed to Customer either under the terms of this Agreement or under separate license terms that shall be specified in the relevant Documentation, “read me” files, notice files, or other such documents or files (“Technology Subject to a Third-Party License”). Customer’s rights to use Technology Subject to a Third-Party License are subject to such separate license terms and are not restricted in any way by this Agreement and to the extent that a term of this Agreement is in conflict with any applicable mandatory right granted by a third-party license, it shall not apply. If any applicable third-party license requires SISW BCKS to furnish source code contained in the Technology Subject to a Third-Third- Party License, SISW BCKS shall provide it upon written request, if applicable against payment of the shipping and handling charges. For avoidance of doubt, third party technology that is not Technology Subject to a Third-Party License shall be deemed part of the Software and is licensed to Customer under the terms of this Agreement.

Appears in 1 contract

Samples: License Agreement

Third-Party and Open Source Software. The XHQ Software may contain or require the use of third party technology that is provided with the XHQ Software, including open source software. Third party technology is licensed to Customer either under the terms of this Agreement or under separate license terms that shall be specified in the relevant Documentation, “read me” files, notice files, or other such documents or files (“Technology Subject to a Third-Party License”). Customer’s rights to use Technology Subject to a Third-Party License are subject to such separate license terms and are not restricted in any way by this Agreement and to the extent that a term of this Agreement is in conflict with any applicable mandatory right granted by a third-party license, it shall not apply. If any applicable third-party license requires SISW to furnish source code contained in the Technology Subject to a Third-Third- Party License, SISW shall provide it upon written request, if applicable against payment of the shipping and handling charges. For avoidance of doubt, third party technology that is not Technology Subject to a Third-Party License shall be deemed part of the XHQ Software and is licensed to Customer under the terms of this Agreement.

Appears in 1 contract

Samples: www.plm.automation.siemens.com

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Third-Party and Open Source Software. The XHQ Software may contain or require the use of third party technology that is provided with the XHQ Software, including open source software. Third party technology is licensed to Customer either under the terms of this Agreement or under separate license terms that shall be specified in the relevant Documentation, “read me” files, notice files, or other such documents or files (“Technology Subject to a Third-Party License”). Customer’s rights to use Technology Subject to a Third-Party License are subject to such separate license terms and are not restricted in any way by this Agreement and to the extent that a term of this Agreement is in conflict with any applicable mandatory right granted by a third-party license, it shall not apply. If any applicable third-party license requires SISW to furnish source code contained in the Technology Subject to a Third-Party License, SISW shall provide it upon written request, if applicable against payment of the shipping and handling charges. For avoidance of doubt, third party technology that is not Technology Subject to a Third-Party License shall be deemed part of the XHQ Software and is licensed to Customer under the terms of this Agreement.

Appears in 1 contract

Samples: www.plm.automation.siemens.com

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