Common use of Use of Open Source Code Clause in Contracts

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. (i) Section 2.13(j4.11(s)(i) of the Disclosure Schedule accurately identifies and describesSchedules lists all Open Source Software used by the Company or any of its Subsidiaries and: (i) each item of software licensed or distributed under identifies the GNU General Public Licenselicense applicable thereto (including, where available, 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 specific version thereof under which such 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 ProductSoftware were licensed); (ii) identifies, where available, a URL at which the applicable Open Source License for such item of Open Source SoftwareSoftware are available and at which the applicable license is identified; and (iii) in the manner in which such item case of Open Source Software was used bylicensed under a Copyleft License, incorporated into describes how such Open Source Software has been integrated or combined with or linked with to any proprietary Software of 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 noticesSubsidiaries. (ii) The Neither the Company has not nor its Subsidiaries have used, modified, or distributed any Open Source Software in a manner that: (iA) requires could or does require (or could or does condition the use or distribution of such Software on) the disclosure, licensing or distribution of any source code for any Company Owned IP or any portion of any material Company Product other than such Open Source Software; (iiB) requires could or does require the licensing or disclosure of any Owned IP, or any portion of any Company IP Product other than such Open Source Software, for the purpose of making derivative works; (iiiC) could or does otherwise imposes impose any limitation, restriction or condition on the right or ability of the Company or its Subsidiaries to use or distribute any Company Owned IP, including restrictions on the consideration to be charged for the distribution of any Company Product; or (ivD) creates obligations for the Company or its Subsidiaries with respect to Company Owned IP or grants to any third party Person any rights or immunities under Owned IP; or (E) imposes any other limitation, restriction or condition on the right of the Company IPor its Subsidiaries to use or distribute any Company Product. (iii) The Company and its Subsidiaries have complied in all material respects with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution, privacy and copyright notices. The Company and its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the Business in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or its Subsidiaries’ policies with respect to Open Source Software.

Use of Open Source Code. (i) Section 2.13(j2.13(i)(i) of the Disclosure Schedule accurately identifies and describes: (i) describes each item of software Company Software that is distributed as “free software”, licensed under or distributed under otherwise subject to any version of 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 by, or that meets the Open Source definition promulgated 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 byis included, incorporated intoor embedded in, linked to, combined, distributed, or made available with, or distributed withused in the development, delivery or provision of any Company Product; (ii) the applicable Open Source License for such item of Open Source Software; Product and (iii) the manner in which such item of Open Source Software was used byis or has been included, incorporated into or embodied in, linked with to, combined, distributed or made available with, or used in the development of any Company Product (which such description includes shall include whether (and, if so, how) such item the Open Source Software 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 ProductCompany). 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 No Group Company has not used, modified, modified or distributed any Open Source Software with any Company Product in a manner that: (iA) requires (or conditions the use or distribution of such Open Source Software on) the disclosure, licensing or distribution of any source code for any Company Group IP, Licensed IP or any portion of any Company Product other than such Open Source Software; (iiB) requires the licensing or disclosure of any Group IP, Licensed IP or any portion of any Company IP Product other than such Open Source Software, for the purpose of making derivative works; (iiiC) otherwise imposes any limitation, restriction or condition on the right or ability of the Company to use or distribute any Company Group IP, including restrictions on the consideration to be charged for the distribution of any Company ProductProduct other than such Open Source Software; or (ivD) creates obligations for the any Group Company with respect to Company any Group IP or grants to any third party Person any rights or immunities under any Group IP; or (E) imposes any other limitation, restriction or condition on the right of any Group Company IPto use or distribute any Company Product other than such Open Source Software. (iii) The Group Companies have complied and remain in compliance, in all material respects, with all of the terms and conditions of each applicable license for Open Source Software.

Use of Open Source Code. (i) Section 2.13(j2.13(h)(i) of the Disclosure Schedule accurately identifies and describes: describes (iin the format requested by Parent) each item of software licensed or distributed under Company Software that is subject to any version of 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 is or has been or was used byincluded, incorporated intoor embedded in, linked to, combined, distributed, or made available with, or distributed withused in the development, delivery or provision of any Company Product; (ii) the applicable Open Source License for such item of Open Source Software; Product and (iii) the manner in which such item of Open Source Software was used byis or has been included, incorporated into or embodied in, linked with to, combined, distributed or made available with, or used in the development of any Company Product (which such description includes shall include whether (and, if so, how) such item the Open Source Software 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 noticesSubsidiaries). (ii) The Neither the Company nor any of its Subsidiaries has not used, modified, or distributed any Open Source Software in a manner that: (i) requires could or does require (or could or does condition the use or distribution of such 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) requires could or does require the licensing or disclosure of any Company IP 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 imposes impose any 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 Company Product; or (iv) creates obligations for the Company or any of its Subsidiaries with respect to Company IP or grants to any third party Person any rights or immunities under Company IP; or (v) imposes any other limitation, restriction or condition on the right of the Company or any of its Subsidiaries to use or distribute any Company Product.

Use of Open Source Code. (i) Section 2.13(j2.13(p)(i) of the Disclosure Schedule accurately identifies and describes: (iA) each item of software licensed Company Software that is subject (in whole or distributed under in part) to 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 the MIT License, the BSD -19- License, the Apache License, the Eclipse Public License, any other license identified as an open source license by the Open Source Initiative (xxx.xxxxxxxxxx.xxx) ), or any other license requiring disclosure, licensing or distribution of source code as a condition of distribution or use (each, an “Open Source License” and, such software, collectively, “Open Source Software”); (B) that has been or the applicable license governing the use of such Open Source Software (an “Open Source License”); (C) the manner in which such Open Source Software was used by, incorporated into, linked with, or distributed with, with any Company Product; (ii) the applicable Open Source License for such item of Open Source Software; and (iiiD) 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 the Open Source Software 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 noticesCompany. (ii) The Company has not used, modified, or distributed any Open Source Software in a manner that: (iA) requires could or does require (or could or does condition the use or distribution of such 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; (iiB) requires could or does require the licensing or disclosure of any Company IP IP, or any portion of any Company Product other than such Open Source Software, for the purpose of making derivative works; (iiiC) could or does otherwise imposes impose 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 (ivD) creates obligations for the Company with respect to Company IP or grants to any third party any rights or immunities under Company IP; (E) requires the Company to indemnify or defend claims of any sort asserted against third parties relating to the Open Source Software; or (F) imposes any other limitation, restriction or condition on the right of the Company to use or distribute any Company Product, other than requirements of attribution, copyright notices or warranty disclaimers. The Company has complied with all of the applicable terms and conditions of each applicable Open Source License, including all applicable requirements pertaining to attribution and copyright notices. The Company has not made any Company Product that is Software available as Open Source Software.

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 Neither 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 nor 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 Subsidiaries 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: (iA) requires could or does require (or could or does condition the use or distribution of such Software on) the disclosure, licensing or distribution of any source code for any Company IP or any portion of any material Company Product other than such Open Source Software; (iiB) requires could or does require the licensing or disclosure of any Company IP IP, or any portion of any material Company Product other than such Open Source Software, for the purpose of making derivative works; (iiiC) except as set forth on Section 2.13(n)(i)(C) of the Disclosure Schedule, could or does otherwise imposes impose any limitation, restriction or condition on the right or ability of the Company or any of its Subsidiaries to use or distribute any material Company IP, including restrictions on the consideration to be charged for the distribution of any material Company Product; or (ivD) creates obligations for the Company or any of its Subsidiaries with respect to Company IP or grants to any third party Person any rights or immunities under Company IP; or (E) except as set forth on Section 2.13(n)(i)(E) of the Disclosure Schedule, imposes any other limitation, restriction or condition on the right of the Company or any of its Subsidiaries to use or distribute any Company Product. (ii) Except as set forth on Section 2.13(n)(ii) of the Disclosure Schedule, The Company and each of its Subsidiaries have complied with all of the terms and conditions of each applicable license for Open Source Software, including all requirements pertaining to attribution and copyright notices. The Company and each of its Subsidiaries regulate the use, modification, and distribution of Open Source Software in connection with the businesses of the Company and each of its Subsidiaries and the Company Products, in compliance with the applicable licenses for such Open Source Software. There has been no deviation from or violation of the Company’s or any of its Subsidiaries’ policies with respect to Open Source Software.

Use of Open Source Code. (i) Section 2.13(j3.13(k)(i) of the Disclosure Schedule accurately identifies and describes: (i) describes each item of software licensed or distributed under Company Technology that is subject to 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) ), or any substantially similar license (each, an “Open Source License” and”, and such software, collectivelyitem of Company Technology, “Open Source Software”), including, for each such item, (A) that has been or was used by, incorporated into, linked with, or distributed with, any Company Product; (ii) identification of the applicable Open Source License for to which such item of Open Source Softwareis subject; and (iiiB) whether such item was incorporated into or linked in any Company IP (and, if applicable, the manner in which such item of Open Source Software was used by, incorporated into or linked with the Company Product in); (which description includes C) whether (and, if so, how) such the item was modified and/or distributed by the Company and Company; (D) whether (and, if so, how) such the item was incorporated into and/or linked with distributed by the Company. (ii) Neither the Company nor any Subsidiary has used, modified, or distributed any software that is subject to an Open Source License in a manner that: (A) could or does require (or could or does condition the use or distribution of such software on) the disclosure, licensing or distribution of any source code for any Company Product)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 or grants, or purports to grant, to any third party, any rights or immunities under any Company IP; or (D) could or does otherwise impose 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 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 and each Subsidiary has complied in with all respects with of the terms and conditions of each applicable Open Source License, including all requirements pertaining to attribution and copyright notices. (ii) , and all such Open Source Licenses have been Made Available. The Company has not used, modified, Made Available all internal policies and guidelines related to use of 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 contributions to 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.