Company Product Software definition
Examples of Company Product Software in a sentence
None of the Acquired Corporations has any duty or obligation (whether present, contingent or otherwise) to deliver, license or make available the source code for any Company Product Software to any escrow agent or other Person.
Company Product Software" shall mean any software (regardless of whether such software is owned by an Acquired Corporation or licensed to an Acquired Corporation by a third party) contained or included in or provided with any Company Product or used in the development, manufacturing, maintenance, repair, support, testing or performance of any Company Product.
No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) will, or could reasonably be expected to, result in the delivery, license or disclosure of any source code for any Company Product Software to any other Person.
None of the Acquired Corporations has any duty or obligation (whether current, contingent or otherwise) to deliver, license or make available any source code for any Company Product Software to any escrow agent or other Person.
The Group Companies are in actual possession of or have necessary control over the source code and object code for all proprietary components of the Company Product Software, and the Group Companies have not disclosed source code to the Company Product Software to any Person other than pursuant to written confidentiality terms that protect the Group Companies’ rights in such Company Product Software or pursuant to a written escrow agreement.
None of the Acquired Companies has any duty or obligation (whether present, contingent or otherwise) to deliver, license or make available the source code for any material Company Product Software to any escrow agent or other Person.
The Acquired Corporations use commercially reasonable efforts, including the use of commercially available antivirus and antimalware programs, to prevent the introduction and proliferation of any Viruses within the Company Product Software and to remove all Viruses from the Company Product Software.
Except with respect to the foregoing, to the knowledge of the Company, no event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) will, or could reasonably be expected to, result in the delivery, license or disclosure of any material source code for any material Company Product Software to any other Person.
To the Knowledge of the Company, no event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) will, or would reasonably be expected to, result in the delivery, license or disclosure of any source code for any material Company Product Software to any other Person.
None of the Company’s Product Software fails to comply in any material respect with any applicable warranty or other contractual commitment made by any Acquired Entity relating to the use, functionality or performance of such software or any Company Product containing or used in conjunction with such Company Product Software.