PROHIBITED SOFTWARE. (a) “Prohibited Software” means any software that: (1) Seller does not have full rights to either sell to Buyer or license to Buyer as may be specifically provided for in this PO; (2) may cause harm to the Buyer – such as a virus, worm, malicious logic, trap door, software lock, trojan horse, etc.; (3) may interfere or disable the delivered software/Work from accomplishing its intended purpose and; (4) incorporates or embeds software in, or uses software in connection with, as part of, bundled with, or alongside any (i) open source, publicly available, or “free” software, library or documentation, or (ii) software that is licensed under a Prohibited License, or (iii) software provided under a license that (A) subjects the delivered software to any Prohibited License, or (B) requires the delivered software to be licensed for the purpose of making derivative works or be redistributable at no charge, or (C) obligates Buyer to license, sell, loan, distribute, disclose or otherwise make available or accessible to any third party the delivered software, or any portion thereof, in object code and/or source code formats, or any products or Work incorporating the delivered software, or any portion thereof, in object code and/or source code formats. Seller shall not use Prohibited Software in connection with this PO or deliver Prohibited Software or any Work containing Prohibited Software to Buyer unless Seller has the prior written consent of Buyer.
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