Common use of Publicly Available Software Clause in Contracts

Publicly Available Software. Except as set forth on Schedule 3.6(p) of the Company Disclosure Schedule, no Acquired Technology (including any Acquired Technology currently under development) contains any Publicly Available Software. All Publicly Available Software used by the Seller Parties and KNE has been used in its entirety and without modification. The Seller Parties have not incorporated or otherwise used Publicly Available Software in a manner that would require, or condition the use or distribution of any Acquired Technology on the disclosure, licensing or distribution of any source code for any portion of such Acquired Technology. “Publicly Available Software” means: (A) any Software that contains, or is derived in any manner in whole or in part from, any Software that is distributed as free Software, open source Software (e.g. Linux) or under similar licensing or distribution models; or (B) any Software that may require as a condition of use, modification or distribution that such Software or other Software incorporated into, derived from or distributed with such Software: (i) be disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be redistributable at no charge.