Common use of Use of Open Source Code Clause in Contracts

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) Part 2.10(o)(i2.10(p)(i) of the Disclosure Schedule completely and accurately identifies and describes: (A) each item of Open Source Code that is contained in or in, distributed with or used in the development of the Acquired Entity Software or from which any part of any Acquired Entity Products Software 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; and (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 material 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)(i2.10(p)(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-third party Intellectual Property Rights. Each Acquired Entity has complied in all material respects with all licensing terms pertaining to each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(o)(i2.10(p)(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 : (A) imposes or could impose a requirement or condition that any Acquired Entity grant a license under its Patent rights rights; (B) imposes or could impose a requirement or condition that any Acquired Entity Software or part thereof: 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 (C) imposes any other material limitation on the right or ability of any Acquired Entity to exploit any Acquired Entity Software. (iv) Part 2.10(o)(iv2.10(p)(iv) of the Disclosure Schedule sets forth a list forth, as of the date hereof Agreement Date, a list of Computer Software or other technology Intellectual Property that any Acquired Entity Service Provider has contributed to an open source project or made available under an open source license.

Use of Open Source Code. (i) Part 2.10(o)(i3.11(n)(i) of the Disclosure Schedule completely and accurately identifies and describes: (A) each item of Open Source Code that is contained in, distributed or made available with or used in or distributed with the development of any Acquired Company Software or from which any part of any Acquired Entity Products Company Software is derived; (B) the version or versions of, and the applicable license terms for, of each such item items of Open Source Code; (C) the applicable license terms for each such item of Open Source Code (including any attribution or other obligations associated with any Acquired Entity Company’s use or distribution thereof); (D) the source or location from which the Open Source Code was acquired or downloaded; and (E) the Acquired Company 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 The Acquired Entity’s Companies’ use, marketing, distribution, licensing, making available and sale of Acquired Entity Company Software does not violate any license terms applicable to any item of Open Source Code, and each of the Acquired Entity Companies has all rights in each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(o)(i3.11(n)(i) of the Disclosure Schedule as needed for the Acquired Entities Companies to conduct the businesses of the Acquired Entities their business as currently conducted and as they are currently proposed planned by such the Acquired Entity Companies to be conductedconducted according to the Company Roadmap, 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, Code. (iii) Except as expressly set forth in Part 2.10(o)(i3.11(n)(iii) of the Disclosure Schedule. (iii) No , no Acquired Entity Company Software contains, is combined distributed or made available with, is derived from, is distributed with or is being or was developed using Open Source Code in a manner thatusing, or using is derived from Open Source Code that is licensed under any terms that, based on the manner of use by the Company of that imposes or could Open Source Code: (A) impose a requirement or condition that any Acquired Entity Company grant a license under or refrain from asserting or enforcing any of its Patent rights rights, or that any Acquired Entity Company Software or part thereofthereof be: (1) be disclosed disclosed, distributed or distributed made available in Source Code source code form; (2) be licensed for the purpose of making modifications or derivative works; or (3) be redistributable at no or nominal charge;. ; or (ivB) Part 2.10(o)(iv) impose any other material limitation, restriction, or condition on the right or ability 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 Company to an open source project use, distribute or made make available under an open source licenseany Acquired Company Software.

Use of Open Source Code. (i) Part 2.10(o)(iTo the knowledge of the Company, Section 5.19(l)(i) of the Company Disclosure Schedule completely and Letter accurately identifies and describes: (A) each item of Open Source Code that is contained in or in, distributed with or linked to the Company Software or from which any part of any Acquired Entity Products Company Software is derived; (B) the version or versions of, and the applicable license terms for, for each such item of Open Source Code as included in copies of such item of Open Source Code; and (C) the Acquired Entity Company Software to which each such item of Open Source Code relates; . (Dii) to To the Knowledge knowledge of the Company, the copyright holder(s) Acquired Companies have materially complied with all of such Open Source Code; and (E) whether the licenses for each such item of Open Source Code has been distributed disclosed or modified by or for any Acquired Entityrequired to be disclosed in Section 5.19(l)(i) of the Company Disclosure Letter. (iiiii) Each To the knowledge of the Company, the Acquired Entity’s Companies' use, making available over a network, marketing, distribution, licensing, and sale of Acquired Entity Company Software does not violate any license terms applicable to any item of Open Source CodeCode disclosed or required to be disclosed in Section 5.19(l)(i) of the Company Disclosure Letter, and each Acquired Entity has all rights in the license terms covering each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(o)(iSection 5.19(l)(i) of the Company Disclosure Schedule as needed Letter are sufficient for the Acquired Entities to conduct Companies' use of each such item of Open Source Code in the businesses operation of the business of the Acquired Entities Companies as currently conducted and currently proposed planned by such the Acquired Entity Companies 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. (iiiiv) No Acquired Entity To the knowledge of the Company, no Company 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 that under the terms of the license for such Open Source Code that is licensed under any terms that Code: (A) imposes or could impose a requirement or condition that any the Acquired Entity Companies grant a license under its Patent rights or to its licensees; (B) imposes a requirement that any Acquired Entity Company Software or part thereof: (1) be disclosed or distributed in Source Code source code form; (2) be licensed for the purpose of making modifications or derivative works; or (3) be redistributable at no charge;. ; or (ivC) Part 2.10(o)(iv) otherwise imposes or could impose any other material limitation, restriction, or condition on the right or ability of the Disclosure Schedule sets forth Acquired Companies to use or distribute any such Company Software; provided, that the inclusion of copyright notices shall not be considered such a list as of the date hereof of Computer Software limitation, restriction or other technology that any Acquired Entity has contributed to an open source project or made available under an open source licensecondition.

Use of Open Source Code. (i) Part 2.10(o)(i2.11(o)(i) of the Disclosure Schedule completely and accurately identifies and describes: (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 distributed with Company Product or from which any part of any Acquired Entity Products Company Software or Company Product is derived; (B) the version or versions of, and the applicable license terms for, of each such item items of Open Source Code; (C) the applicable license terms for each such item of Open Source Code (including any attribution or other obligations associated with any Acquired Entity Company’s use or distribution thereof); (D) the source or location from which the Open Source Code was acquired or downloaded; and (E) the Acquired Company Software or Company Product 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 The Acquired Entity’s Companies’ use, marketing, distribution, licensing, making available, and sale of Acquired Entity Company Software does not violate any license terms applicable to any item of Open Source Code, and each of the Acquired Entity has Companies have all rights in each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(o)(i2.11(o)(i) of the Disclosure Schedule as needed for the Acquired Entities Companies to conduct the businesses of the Acquired Entities their business as currently conducted and currently proposed planned by such the Acquired Entity Companies 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, Code. (iii) Except as expressly set forth in Part 2.10(o)(i2.11(o)(iii) of the Disclosure Schedule. (iii) No , no Acquired Entity Company Software contains, is combined distributed or made available with, is derived from, is distributed with or is being or was developed using Open Source Code in a manner thatusing, or using is derived from Open Source Code that is licensed under any terms that imposes that: (A) impose or could impose a requirement or condition that any Acquired Entity Company grant a license under or refrain from asserting or enforcing any of its Patent rights rights, or that any Acquired Entity Company Software or part thereofthereof be: (1) be disclosed disclosed, distributed, or distributed made available in Source Code source code form; (2) be licensed for the purpose of making modifications or derivative works; or (3) be redistributable at no or nominal charge;. ; or (ivB) Part 2.10(o)(iv) impose or could impose any other material limitation, restriction, or condition on the right or ability 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 Company to an open source project use, distribute or made make available under an open source licenseany Acquired Company Software.

Use of Open Source Code. (i) Part 2.10(o)(iSection 2.13(o)(i) of the Disclosure Schedule completely and accurately identifies and describes: describes (A) each item of Open Source Code Software that is is, as of the date of this Agreement, contained in or in, distributed with or linked with the current version of a Company Product (other than Company Products that were, but are not currently, Table of Contents made commercially available by the Company) or from which any part of the current version of any Acquired Entity Products such Company Product is derived; (B) the version name of or versions of, and a link to (or other locator for) the applicable license terms for, Open Source License for each such item of Open Source CodeSoftware; (C) the Acquired Entity Software such Company Product to which each such item of Open Source Code Software relates; and (D) to the Knowledge of the Company, the copyright holder(s) of manner in which such Open Source Code; and Software was incorporated into, linked with, distributed with, or used in the development of the applicable Company Product (E) such description shall include, without limitation, whether each such item of the Open Source Code has been Software was modified and/or distributed by the Company or modified by or for any Acquired EntitySubsidiary). (ii) Each Acquired Entity’s useNeither the Company nor any Subsidiary has used, marketingmodified, distribution, licensing, and sale of Acquired Entity Software does not violate or distributed any license terms applicable to any item of Open Source Code, and each Acquired Entity has all rights Software in each item of Open Source Code disclosed, a manner that: (i) requires the disclosure 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 distribution of any license terms pertaining to source code authored by or on behalf of by the Company or any Subsidiary or any source code for any Company Product (collectively, the “Company Source Code”), other than such Open Source Software; (ii) requires the licensing of any Company Source Code other than such Open Source Software, for the purpose of making derivative works; (iii) imposes any restrictions on the consideration to be charged for the distribution of any Company Product; or infringement of third-party Intellectual Property (iv) requires the Company or any Subsidiary to grant a license under or refrain from asserting any Patent Rights. Each Acquired Entity of the Company and its Subsidiaries has complied with all licensing of the terms and conditions of each applicable Open Source License, including all requirements pertaining to each item of Open Source Code disclosed, or required to be disclosed, attribution and copyright notices. (iii) Except as set forth in Part 2.10(o)(iSection 2.13(o)(iii) of the Disclosure Schedule. (iii) No Acquired Entity Software contains, is combined with, is derived from, is neither the Company nor any Subsidiary has distributed with or is being or was developed using any Company Source Code pursuant to an 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;License. (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) Part 2.10(o)(i2.10(p)(i) of the Disclosure Schedule completely and accurately identifies and describessets forth a description of: (A) each item of Open Source Code that is contained in or in, distributed with or used in the development of the Company Owned Software or from which any part of any Acquired Entity Products Company Software is derived; (B) the version or versions of, and the applicable license terms for, of each such item of Open Source Code; (C) the Acquired Entity Company Owned Software to which each such item of Open Source Code relates; (D) to the Knowledge applicable license for each such item 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 EntityCompany; and (F) whether such modules or modifications have been distributed or made available to any third party. (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, Except as set forth 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)(i2.10(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 Entity Software contains, is combined with, is derived from, is distributed with or is being or was developed using Company has used Open Source Code in such a manner that, way that (A) creates or using 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 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 including all requirements relating to notices and making Open Source Code form; (2) be licensed for the purpose of making modifications or derivative works; or (3) be redistributable at no charge;available to third parties). (iv) Part 2.10(o)(iv2.10(p)(iv) of the Disclosure Schedule sets forth a list as of the date hereof of Computer Software or other technology Intellectual Property that any Acquired Entity 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) Part 2.10(o)(iSection 4.15(m)(i) of the Disclosure Schedule completely and 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 Acquired Entity Products Seller Software is derived; (B) the version or versions of, and the applicable license terms for, for each such item of Open Source Code; and (C) the Acquired Entity Seller 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 EntitySeller’s use, marketing, distribution, licensing, and sale of Acquired Entity Seller Software or Seller 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(o)(iSection 4.15(m)(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 RightsSchedules. Each Acquired Entity Seller 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)(iSection 4.15(m)(i) of the Disclosure ScheduleSchedules. (iii) No Acquired Entity 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 any Acquired Entity Seller grant a license under its Patent patent rights or that any Acquired Entity such Seller Software or part thereof: (1) be disclosed or distributed by any of Seller in Source Code 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) Part 2.10(o)(ivSection 4.15(m)(iv) of the Disclosure Schedule Schedules sets forth a list as of the date hereof of Computer Software or other technology that any Acquired Entity Seller Service Provider has contributed to an open source project or made available under an open source licenselicense in their capacity as a Seller Service Provider.

Use of Open Source Code. (i) Part 2.10(o)(iSection 2.13(j) of the Disclosure Schedule completely and accurately identifies and describes: (Ai) 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 Code Initiative (xxx.xxxxxxxxxx.xxx) (each, an “Open Source License” and, such software, collectively, “Open Source Software”) that is contained in has been or was used by, incorporated into, linked with, or distributed with or from which with, any part of any Acquired Entity Products is derivedCompany Product; (Bii) the version or versions of, and the applicable license terms for, each Open Source License for such item of Open Source CodeSoftware; and (Ciii) the Acquired Entity Software to manner in which each such item of Open Source Code relates; Software was used by, incorporated into or linked with the Company Product (Dwhich description includes whether (and, if so, how) to such item was modified and/or distributed by the Knowledge Company and whether (and, if so, how) such item was incorporated into and/or linked with any Company Product. None of the CompanyCompany 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 copyright holder(s) Company has complied in all respects with the terms of such each Open Source Code; License, including all requirements pertaining to attribution and (E) whether each such item of Open Source Code has been distributed or modified by or for any Acquired Entitycopyright notices. (ii) Each Acquired Entity’s useNeither the Company nor any Subsidiary has used, marketingmodified, distribution, licensing, and sale of Acquired Entity Software does not violate or distributed 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: (i) requires the disclosure, licensing or using distribution of any source code for any Company IP or any portion of Company Product other than such 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 formSoftware; (2ii) be licensed requires the licensing or disclosure of any Company IP for the purpose of making modifications or derivative works; (iii) otherwise imposes any limitation, restriction or (3) condition on the right or ability of the Company or any Subsidiary to use or distribute any Company IP, including restrictions on the consideration to be redistributable at no charge;. charged for the distribution of any Company Product; or (iv) Part 2.10(o)(iv) of creates obligations for the Disclosure Schedule sets forth a list as of the date hereof of Computer Software Company or other technology that any Acquired Entity has contributed Subsidiary with respect to an open source project Company IP or made available grants to any third party any rights or immunities under an open source licenseCompany IP.

Use of Open Source Code. (i) Part 2.10(o)(i2.4(m)(i) of the Disclosure Schedule completely and accurately identifies and describes: (A) each item of Open Source Code that is contained in, distributed or made available with or used in the modification or distributed with development of the Business Products or Covered IP or from which any part of any Acquired Entity Products Business Product or Covered IP is derived; (B) the version or versions of, and the applicable license terms for, of each such item of Open Source Code; (C) the Acquired Entity Software applicable license terms for each such item of Open Source Code (including any attribution or other obligations associated with any of the Seller-Related Parties’ use, modification or distribution thereof); (D) the Business Product or Covered IP to which each such item of Open Source Code relates; (DE) whether or not any modifications to the Knowledge of the Company, the copyright holder(s) of such Open Source CodeCode made by or on behalf of any of the Seller-Related Parties; and (EF) whether each such item of Open Source Code has been distributed or modified otherwise made available by or for on behalf of any Acquired Entityof the Seller-Related Parties. (ii) Each Acquired Entity’s The Seller-Related Parties’ use, modification, marketing, distribution, licensing, licensing and sale of Acquired Entity Software Business Products and Covered IP does not violate any license terms applicable to any item of Open Source CodeCode included therein or distributed or made available therewith, and each Acquired Entity of the Seller-Related Parties has all rights in each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(o)(i2.4(m)(i) of the Disclosure Schedule as needed for the Acquired Entities Sellers to conduct the businesses of the Acquired Entities Business 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, Code. (iii) Except as expressly stated in Part 2.10(o)(i2.4(m)(iii) of the Disclosure Schedule. (iii) No Acquired Entity Software , no Business Product or Covered IP contains, is combined distributed by any Seller-Related Party with, or is derived frommade available by any Seller-Related Party with, is distributed with or is being or was modified or developed using Open Source Code in a manner thatusing, or using is derived from Open Source Code that is licensed under any terms that imposes or could impose impose: (A) a requirement or condition that any Acquired Entity of the Seller-Related Parties grant a license under or refrain from asserting or enforcing any of its Patent rights rights, or that any Acquired Entity Software Business Product or Covered IP or part thereof: thereof (other than the Open Source Code itself) (1) be disclosed or distributed in Source Code source code form; , (2) be licensed for the purpose of making modifications or derivative works; works or (3) be redistributable at no or nominal charge;. ; or (ivB) Part 2.10(o)(iv) any other material limitation, restriction, or condition on the right or ability of any of the Disclosure Schedule sets forth a list as of the date hereof of Computer Software Seller-Related Parties to use, modify, distribute or other technology that otherwise make available any Acquired Entity has contributed to an open source project Business Product or made available under an open source licenseCovered IP.

Use of Open Source Code. (i) Part 2.10(o)(iSection 2.13(l)(i) of the Disclosure Schedule completely and accurately identifies and describes: (A) each item of Open Source Code that is contained in in, distributed or distributed made available with any Acquired Company Software or from which any part of any Acquired Entity Products Company Software is derived; (B) the version or versions of, and the applicable license terms for, of each such item items of Open Source Code; (C) the applicable license terms for each such item of Open Source Code (including any attribution or other obligations associated with any Acquired Entity Company’s use or distribution thereof); (D) the source or location from which the Open Source Code was acquired or downloaded; and (E) the Acquired Company 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 EntityCompany’s use, marketing, distribution, licensing, and sale of Acquired Entity Company Software does not violate any license terms applicable to any item of Open Source Code, and each Acquired Entity Company has all rights in each item of Open Source Code disclosed, or required to be disclosed, in Part 2.10(o)(iSection 2.13(l)(i) of the Disclosure Schedule as needed for the Acquired Entities Companies to conduct the businesses business of the Acquired Entities Companies as currently conducted and currently proposed planned by such the Acquired Entity Companies 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 Rights of Open Source Code disclosed, or required to be disclosed, any Person. (iii) Except as expressly stated in Part 2.10(o)(iSection 2.13(l)(iii) of the Disclosure Schedule. (iii) No , no Acquired Entity Company Software contains, is combined distributed or made available with, is derived from, is distributed with being or is being or was developed using Open Source Code in a manner that, or using derived from Open Source Code that is licensed under any terms that imposes used in a manner that: (A) impose or could impose a requirement or condition that any Acquired Entity Company grant a license under or refrain from asserting or enforcing any of its Patent rights rights, or that any Acquired Entity Company Software or part thereof: thereof be (1) be disclosed or distributed in Source Code source code form; , (2) be licensed for the purpose of making modifications or derivative works; , or (3) be redistributable at no or nominal charge;. ; or (ivB) Part 2.10(o)(iv) impose or could impose any other material limitation, restriction, or condition on the right or ability 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 Company to an open source project use or made available under an open source licensedistribute any Acquired Company Software.

Use of Open Source Code. (i) Part 2.10(o)(i2.10(p)(i) of the Disclosure Schedule completely and accurately identifies and describes: (A) each item of Open Source Code that is contained in or in, distributed with or used in the development of the Acquired Entity Product or from which any part of any Acquired Entity Products 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 Software Products to which each such item of Open Source Code relates; and (D) to the Knowledge of the Companywhether (and if so, the copyright holder(show) 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 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(o)(i2.10(p)(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 conductedEntity, 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)(i2.10(p)(i) of the Disclosure Schedule. (iii) No None of the Acquired Entity Software 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 that: (A) imposes or could would impose a requirement or condition that any Acquired Entity grant a license under its Patent rights or that any Acquired Entity Software 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. (iv) Part 2.10(o)(iv2.10(p)(iv) of the Disclosure Schedule sets forth a list as of the date hereof of Computer Software or other technology that any Acquired Entity Service Provider has contributed to an open source project or made available under an open source license.