Common use of Third Party Tools Clause in Contracts

Third Party Tools. Client understands and agrees that certain third party tools (the “Third Party Tools”), such as open source software, application programming interfaces, and font software packages, may be incorporated within or form part of the Deliverables, and that such third party tools are subject to the terms of the applicable license (including the warranties and/or disclaimers therein), and are not owned by Client or Rootstrap; provided, that, Rootstrap will obtain Client’s prior written permission prior to incorporating any Third Party Tools that either (a) are subject to an open source license that either (i) is “commercially restrictive” or contains a “share alike” (or “copyleft”) requirement (as such terms are commonly understood in the software development industry), or (b) require Client to pay any fee to a third party.