Use of Open Source Code. (i) Part 2.10(o)(i) of the Disclosure Schedule completely and accurately identifies and describes: (A) each item of Open Source Code that is contained in or distributed with or from which any part of any Acquired Entity Products is derived; (B) the version or versions of, and the applicable license terms for, each such item of Open Source Code; (C) the Acquired Entity Software to which each such item of Open Source Code relates; (D) to the Knowledge of the Company, the copyright holder(s) of such Open Source Code; and (E) whether each such item of Open Source Code has been distributed or modified by or for any Acquired Entity.
(ii) Each Acquired Entity’s use, marketing, distribution, licensing, and sale of Acquired Entity Software does not violate any license terms applicable to any item of Open Source Code, and each Acquired Entity has all rights in each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(o)(i) of the Disclosure Schedule as needed for the Acquired Entities to conduct the businesses of the Acquired Entities as currently conducted and currently proposed by such Acquired Entity to be conducted, without violation of any license terms pertaining to such Open Source Code or infringement of third-party Intellectual Property Rights. Each Acquired Entity has complied with all licensing terms pertaining to each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(o)(i) of the Disclosure Schedule.
(iii) No Acquired Entity Software contains, is combined with, is derived from, is distributed with or is being or was developed using Open Source Code in a manner that, or using Open Source Code that is licensed under any terms that imposes or could impose a requirement or condition that any Acquired Entity grant a license under its Patent rights or that any Acquired Entity Software or part thereof: (1) be disclosed or distributed in Source Code form; (2) be licensed for the purpose of making modifications or derivative works; or (3) be redistributable at no charge;.
(iv) Part 2.10(o)(iv) of the Disclosure Schedule sets forth a list as of the date hereof of Computer Software or other technology that any Acquired Entity has contributed to an open source project or made available under an open source license.
Use of Open Source Code. (i) Section 2.13(j) of the Disclosure Schedule accurately identifies and describes: (i) each item of software licensed or distributed under the GNU General Public License, the GNU Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Initiative (xxx.xxxxxxxxxx.xxx) (each, an “Open Source License” and, such software, collectively, “Open Source Software”) that has been or was used by, incorporated into, linked with, or distributed with, any Company Product; (ii) the applicable Open Source License for such item of Open Source Software; and (iii) the manner in which such item of Open Source Software was used by, incorporated into or linked with the Company Product (which description includes whether (and, if so, how) such item was modified and/or distributed by the Company and whether (and, if so, how) such item was incorporated into and/or linked with any Company Product). The Company has not distributed or made available to any third parties any Company Products, or offered Company Products to third parties interacting remotely through a computer network, in a manner that would require the Company to release any of its proprietary source code. With respect to Open Source Software that is incorporated into, linked with, or distributed with, or used in the development of, any Company Product, the Company has complied in all respects with the terms of each Open Source License, including all requirements pertaining to attribution and copyright notices.
(ii) The Company has not used, modified, or distributed any Open Source Software in a manner that: (i) requires the disclosure, licensing or distribution of any source code for any Company IP or any portion of Company Product other than such Open Source Software; (ii) requires the licensing or disclosure of any Company IP for the purpose of making derivative works; (iii) otherwise imposes any limitation, restriction or condition on the right or ability of the Company to use or distribute any Company IP, including restrictions on the consideration to be charged for the distribution of any Company Product; or (iv) creates obligations for the Company with respect to Company IP or grants to any third party any rights or immunities under Company IP.
Use of Open Source Code. Except as disclosed in the Order, MCCi does not distribute nor otherwise use any open source or similar software in a manner that would obligate MCCi to disclose, license, make available or distribute any of its material proprietary source code as a condition of such use. For purposes of this Agreement, “
Use of Open Source Code. (i) Section 2.13(k)(i) of the Disclosure Schedule accurately identifies and describes each item of Company Software that is subject to the GNU General Public License, the Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Initiative (xxx.xxxxxxxxxx.xxx) (each, an “Open Source License” and, such software, collectively, “Open Source Software”). For each item of Open Source Software that is associated with a Copyleft License, Section 2.13(k)(i) of the Disclosure Schedule further identifies the manner in which such Open Source Software was incorporated into, linked with, distributed with or used in the development of any Company Product.
(ii) Each of the Company and the Subsidiaries has complied with all of the terms and conditions of each applicable Open Source License, including all requirements pertaining to warranty disclaimers, attribution and copyright notices.
(iii) Neither the Company nor any Subsidiary has used, modified, or distributed any Open Source Software in a manner that requires any material Company IP or any portion of any Company Product to which the Company or any of its Subsidiaries own or purport to own the copyright(s) (other than such unmodified Open Source Software) to be subject to any Copyleft License. To the Knowledge of the Company and its Subsidiaries, neither the Company nor any Subsidiary has used, modified, or distributed any Open Source Software in a manner that requires any portion of the Company Products to which the copyrights are owned by third parties (other than such unmodified Open Source Software) to be subject to any Copyleft License.
Use of Open Source Code. (i) Section 2.13(m)(i) of the Disclosure Schedule accurately identifies and describes (in the format requested by Parent) each item of Company Software that is subject to any version of the GNU General Public License, the Affero General Public License, the GNU Lesser General Public License, the Eclipse Public License, the Common Public License, the Mozilla Public License, or any other license identified as an open source license by the Open Source Initiative (xxx.xxxxxxxxxx.xxx) (collectively, “Open Source Software”) that is or has been included, incorporated or embedded in, linked to, combined, distributed, or made available with, or used in the delivery or provision of any Company Product and, with respect to those licenses that are “copyleft” or “viral” (the “Copyleft Licenses”) the manner in which such Open Source Software is or has been included, incorporated or embodied in, linked to, combined, distributed or made available with, or used in the development of any Company Product (such description shall include, without limitation, whether (and, if so, how) the Open Source Software subject to such Copyleft Licenses was modified and/or distributed by the Company or any of its Subsidiaries).
(ii) Except as disclosed in Section 2.13(m)(ii) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has used, modified, or distributed any Open Source Software in a manner that: (i) could or does require (or could or does condition the use or distribution of such Open Source Software on) the disclosure, licensing or distribution of any source code for any Company IP or any portion of any Company Product other than such Open Source Software; (ii) could or does require the licensing or disclosure of any Company IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; (iii) could or does otherwise impose any material limitation, restriction or condition on the right or ability of the Company or any of its Subsidiaries to use or distribute any Company IP, including restrictions on the consideration to be charged for the distribution of any portion of any Company Product; (iv) creates material obligations for the Company or any of its Subsidiaries with respect to Company IP or grants to any Person any rights or immunities under Company IP; or (v) imposes any other material limitation, restriction or condition on the right of the Company or any of its Subsidiaries to use or distribu...
Use of Open Source Code. Part 2.10(m)(i) of the Disclosure Schedule accurately identifies and describes: (i) each item of Open Source Code that is contained in, distributed with or used in the development of the Acquired Company Software or from which any part of any Acquired Company Software is derived; (ii) the applicable license terms for each such item of Open Source Code; and (iii) the Acquired Company Software to which each such item of Open Source Code relates. Except as expressly stated in Part 2.10(m)(ii) of the Disclosure Schedule, no Open Source Code has been used in any manner that would, with respect to any Acquired Company Software: (i) impose or could impose a requirement or condition that any Acquired Company Software or part thereof: (A) be disclosed or distributed in source code form; (B) be licensed for the purpose of making modifications or derivative works; or (C) be redistributable at no charge; or (ii) otherwise impose or could impose any other material limitation, restriction, or condition on the right or ability of any Acquired Company to use or distribute any Acquired Company Software.
Use of Open Source Code. The Company has Made Available to Purchaser a complete and accurate copy of the Black Duck Protex report delivered to the Company on or about May 26, 2011 (the “Black Duck Report”). Except to the extent that this information is set forth in the Black Duck Report (in which case it need not be included in Part 3.10(m) of the Disclosure Schedule), Part 3.10(m) of the Disclosure Schedule identifies and describes: (i) each item of Open Source Code that is contained in the Acquired Company Software known as “Traffic Manager” or from which any part of any Acquired Company Software known as “Traffic Manager” is derived (for the avoidance of doubt, in each case, excluding any items of Open Source Code contained in the “Traffic Manager Virtual Appliance” product that are not also contained in the stand-alone “Traffic Manager” product); and (ii) the applicable license for each such item of Open Source Code. No Acquired Company Software contains, is a derivative work of or is distributed with Open Source Code that is licensed under any terms that: (i) impose a requirement or condition that any Acquired Company Software or part thereof: (A) be disclosed or distributed in source code form; (B) be licensed for the purpose of making modifications or derivative works; or (C) be redistributable at no charge; or (ii) otherwise impose any material limitation, restriction, or condition on the right or ability of any Acquired Company to license or enforce its Intellectual Property Rights.
Use of Open Source Code. (i) Between October 31, 2020 and November 3, 2020, the Company provided a complete and accurate copy to Flexera Software LLC (“Revenera”) for Revenera’s review, of the most recent version of all Software that forms a part of the current version of each Launched Product.
(ii) Neither the Company nor any Subsidiary has used, modified, or distributed any Open Source Software in a manner that, based on the conduct of the businesses of the Company and each Subsidiary as currently conducted: (A) requires the disclosure, Licensing or distribution of any source code for any Company IP; (B) imposes any restriction on the consideration to be charged for the distribution of any Company IP; (C) creates, or purports to create, obligations for the Company or any Subsidiary with respect to the Company IP other than those set forth in the applicable Open Source License, or grants, or purports to grant, to any third party, any rights or immunities under any Company IP; or (D) other than any attribution or notice requirement, imposes any other limitation, restriction or condition on the right or ability of the Company or any Subsidiary to use or distribute any Company IP. The Company and each Subsidiary has complied with all of the terms and conditions of each applicable Open Source License, including all requirements pertaining to attribution and copyright notices. The Company has Made Available all of the Company’s and its Subsidiaries’ internal policies and guidelines related to use of or contributions to Open Source Software, and there have been no instances of material non-compliance with respect thereto. The Company has not received any requests from any third parties for source code copies of any Open Source Software.
Use of Open Source Code. (i) Part 3.11(o)(i) of the Disclosure Schedule accurately identifies: (A) each item of Open Source Code that is contained in, distributed or made available with or used in the development of any Acquired Company Software or from which any part of any Acquired Company Software is derived; (B) the version or versions of each such items of Open Source Code; (C) identification of the applicable license for each item of Open Source Code (i.e., by identifying standard licenses by name); and (D) the Acquired Company Software to which each such item of Open Source Code relates.
(ii) The Acquired Companies’ use, marketing, distribution, licensing, making available and sale of Acquired Company Software does not violate any license terms applicable to any item of Open Source Code, and each of the Acquired Companies has all rights in each item of Open Source Code disclosed, or required to be disclosed, in Part 3.11(o)(i) of the Disclosure Schedule as needed for the Acquired Companies to conduct their business as currently conducted, without violation of any license terms pertaining to such Open Source Code or infringement of Intellectual Property or Intellectual Property Rights of any Person.
(iii) Except as expressly set forth in Part 3.11(o)(iii) of the Disclosure Schedule, no Acquired Company Software contains, is distributed or made available with, is being or was developed using, or is derived from Open Source Code that is licensed under any terms that impose, or by their terms purport to impose, a requirement or condition that any Acquired Company grant a license under or refrain from asserting or enforcing any of its Patent rights, or that any Acquired Company Software or part thereof be: (A) disclosed, distributed or made available in source code form; (B) licensed for making modifications or derivative works; (C) redistributable at no or nominal charge; or (D) impose or could impose any other material limitation, restriction or condition on the right or ability of any Acquired Company to use, distribute or make available any Acquired Company Software.
Use of Open Source Code. (i) Section 3.12(i)(i) of the Disclosure Schedule completely and accurately identifies and describes: (A) each item of Open Source Software that is linked to, incorporated into, or distributed with any Company Product, or from which any part of any Company Product is derived; (B) the applicable Open Source License for such item of Open Source Software; (C) the Company Product to which each such item of Open Source Software relates; (D) whether (and, if so, how) such item was modified and/or distributed by the Company or any Company Entity; and (E) whether (and if so, how) such item was incorporated into or linked to any Company Product.
(ii) Neither the Company nor any Company Entity has used, modified, or distributed any Open Source Software in a manner that: (A) requires (or conditions the use or distribution of such Open Source Software on) the disclosure, licensing or distribution of any material Company IP; (B) imposes any restriction on the consideration to be charged for the distribution of any Company Technology; (C) grants to any third party any rights or immunities under any Company IPR; or (D) imposes any other limitation, restriction or condition on the right or ability of the Company or any Company Entity to use, license or distribute any Company IP. The Company and each Company Entity has complied with all of the terms and conditions of each applicable Open Source License, including all requirements pertaining to attribution and copyright notices. No Technology authored by or for the Company or any Company Entity is subject to or has been licensed or made available under the terms of any Open Source License or contributed to any open source project.
