- 15 - “internal use” in furtherance of its license to adapt, reproduce, and distribute the computer software in object code form. Pertinent provisions of the source code license are as follows: 19. LICENSE GRANT FOR SOURCE CODE (a) MS grants to COMPANY a nonexclusive, personal, nontransferable, nonassignable license during the term of the Agreement to use and modify the source codes of the Products (“Source Code”) * * * (b) The license granted hereunder shall extend to the Source Code for any new releases to each Product as are supplied by MS and accepted by COMPANY. * * * (c) COMPANY hereby conveys to MS all right, title and interest to any modifications made to the Source Code by COMPANY. MS grants to COMPANY non-exclusive marketing and distribution rights to the object code version of any modifications made to the Source Code by COMPANY * * * (d) Notwithstanding anything to the contrary contained herein, COMPANY shall not reproduce, duplicate, copy or otherwise disclose, distribute or disseminate Source Code (code or listing) in any media except for COMPANY’s own internal use by COMPANY’S full-time employees on a need-to-know basis on COMPANY premises. * * * The foreign OEM’s paid royalties for the source code in addition to other royalty payments. In some instances, petitioner provided a foreign OEM with an OEM adaptation kit (OAK), which contained a copy of the product’s object code, sample adaptation code, and related documentation. An OAK assisted foreign OEM’s to adapt operating systems to personal computers. Whether a foreign OEM needed the adaptation code depended on its particular computers.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011