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. (i) Section 2.13(h)(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 development, delivery or provision of any Company Product and 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 whether (and, if so, how) the Open Source Software was modified and/or distributed by the Company or any of its Subsidiaries).
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.
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) 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.
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(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. None of the Company or any of its Subsidiaries has distributed or made available to any third party any Open Source Software in connection with any Company Products. With respect to Open Source Software that is incorporated into, linked with, 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.
Use of Open Source Code. Part 2.10(n) of the Disclosure Schedule accurately identifies: (i) each Open Source Code application that is contained in, distributed or made available with the Company IP or from which any part of any such Company IP is derived; (ii) the applicable license for each such item of Open Source Code; (iii) the applicable repository for each such item of Open Source Code; and (iv) the “module name” for each such item of Open Source Code. No Company IP contains, is derived from, is or has been distributed or made available with or is being or was developed using Open Source Code in a manner that as a condition if such use: (i) imposes a requirement or condition that any Company IP 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 Company to use, distribute or make available any Company Product or Company IP. Except as described in Part 2.10(n) of the Disclosure Schedule, Company has not, used, distributed or otherwise exploited any Open Source Code in breach or violation of any license with respect to such Open Source Code.
Use of Open Source Code. Part 2.9(h) 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 Company Products or from which any part of any Company Product is derived; and (ii) the applicable license terms for each such item of Open Source Code. No Company Product contains, is derived from, is distributed with or is being or was developed using Open Source Code that is licensed under any terms that, in connection with the manner in which any Acquired Company has used such Open Source Code: (i) impose or could impose a requirement or condition that any Company Product or Company IP or other 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 of the Acquired Companies to use or distribute any Company Product or Company IP or other part thereof (other than requirements of attribution, copyright notices or warranty disclaimers, or restrictions on the use of such Open Source Code itself with code licensed under other incompatible licenses which the Acquired Companies are and have been fully compliant with in each case).
Use of Open Source Code. (i) To the knowledge of the Company, Section 5.19(l)(i) of the Company Disclosure Letter accurately identifies and describes: (A) each item of Open Source Code that is contained in, distributed with or linked to the Company Software or from which any part of any Company Software is derived; (B) the applicable license terms for each such item of Open Source Code as included in copies of such item of Open Source Code; and (C) the Company Software to which each such item of Open Source Code relates.
