Use of Open Source Code Sample Clauses

Use of Open Source Code. Part 2.10(m) 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 Software or from which any part of any Company Software is derived; (ii) the applicable license terms for each such item of Open Source Code; and (iii) the Company Software to which each such item of Open Source Code relates. Except as expressly stated in Part 2.10(m) of the Disclosure Schedule, the Company has not used, licensed, distributed, incorporated into other code, or modified Open Source Code in any manner that would, with respect to any Company Software: (i) impose or could impose a requirement or condition that any 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 the Company to use or distribute any Company Software.

Use of Open Source Code. Except as disclosed in the Order, Company does not distribute nor otherwise use any open-source or similar software in a manner that would obligate Company 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) Part 2.10(p)(i) of the Disclosure Schedule completely and accurately identifies and describes: (A) each item of Open Source Code that is contained in, distributed with or used in the development of the Acquired Entity Product or from which any part of any Acquired Entity Owned Software or any Acquired Entity Product is derived; (B) the name, version or versions of, and a link to the applicable license terms for, each such item of Open Source Code; (C) the Acquired Entity Products to which each such item of Open Source Code relates; and (D) whether (and if so, how) each such item of Open Source Code has been distributed or modified by or for any Acquired Entity. (ii) Each Acquired Entity’s use, distribution, licensing, and sale of Acquired Entity Products 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(p)(i) of the Disclosure Schedule as needed for the Acquired Entities to conduct the businesses of the Acquired Entities as currently conducted by such Acquired Entity, 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(p)(i) of the Disclosure Schedule. (iii) None of the Acquired Entity Products 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: (A) imposes or would impose a requirement or condition that any Acquired Entity grant a license under its Patent rights or that any Acquired Entity Product 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; or (B) other than attribution requirements, otherwise imposes or would impose any other material limitation, restriction, or condition on the right or ability of any Acquired Entity to use or distribute any Acquired Entity Products and no prior versions of Acquired Entity Products have contained, been combined with, been derived from, or been distributed with Open Source Code in a manner that did or would have the consequences stated above. (...

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 4.15(m)(i) of the Disclosure Schedules accurately identifies and describes: (A) each item of Open Source Code that is contained in or distributed with the Seller Software or from which any part of any Seller Software is derived; (B) the applicable license for each such item of Open Source Code; and (C) the Seller Software to which each such item of Open Source Code relates. (ii) Seller’s use, marketing, distribution, licensing, and sale of Seller Software or Seller Products does not violate any license terms applicable to any item of Open Source Code disclosed, or required to be disclosed, in Section 4.15(m)(i) of the Disclosure Schedules. Seller has complied with all licensing terms pertaining to each item of Open Source Code disclosed, or required to be disclosed, in Section 4.15(m)(i) of the Disclosure Schedules. (iii) Except as expressly stated in Section 4.15(m)(iii) of the Disclosure Schedules, no Seller Software or Seller Product 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 (other than with respect to such Open Source Code in its unmodified form): (A) imposes or could impose a requirement or condition that Seller grant a license under its patent rights or that any such Seller Software or part thereof: (1) be disclosed or distributed by any of Seller in source code form; (2) be licensed by Seller for the purpose of making modifications or derivative works; or (3) be redistributable at no charge; or (B) otherwise imposes or could impose any other material limitation, restriction, or condition on the right or ability of Seller to use or distribute any such Seller Software. (iv) Section 4.15(m)(iv) of the Disclosure Schedules sets forth a list of Software or other technology that any Seller Service Provider has contributed to an open source project or made available under an open source license in their capacity as a Seller Service Provider.

Use of Open Source Code. (i) Part 2.10(p)(i) of the Disclosure Schedule accurately sets forth a description of: (A) each item of Open Source Code that is contained in, distributed with or used in the development of the Company Owned Software or from which any part of any Company Software is derived; (B) the version or versions of each such item of Open Source Code; (C) the Company Owned Software to which each such item of Open Source Code relates; (D) the applicable license for each such item of Open Source Code; (E) whether each such item of Open Source Code has been modified by or for any Acquired Company; and (F) whether such modules or modifications have been distributed or made available to any third party. (ii) Except as set forth in Part 2.10(p)(i) of the Disclosure Schedule, no Open Source Code (A) was or is used in connection with the development of any Company Owned Software, (B) was or is incorporated (including as a programming dependency) in whole or in part into or otherwise forms any part of any Company Owned Software or (C) has been or is distributed by or for any Acquired Company, or has been or is made available by any Acquired Company in whole or in part, in conjunction with or for use with any Company Owned Software. (iii) No Acquired Company has used Open Source Code in such a way that (A) creates or purports to create any obligations for any Acquired Company with respect to any Company Owned Software or Company IP or (B) grants or purports to grant to any third party any rights or immunities under any Company IP. Each Acquired Company is in material compliance with all terms and conditions of all relevant licenses for Open Source Code (including all requirements relating to notices and making Open Source Code available to third parties). (iv) Part 2.10(p)(iv) of the Disclosure Schedule sets forth a list of Intellectual Property that any Acquired Company or any Company Service Provider has contributed to an open source project or made available under an open source license.

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 (▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇) (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. 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. 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).