Incredimail 2011 Annual Report Download - page 176

(h) Except as set forth in Part 2.9(h)
of the Disclosure Schedule, the Company has not incorporated Open Source Materials (as defined below)
into, combined Open Source Materials with, or distributed Open Source Materials with any products sold or distributed by Company, or derived any Company
Intellectual Property or products sold or distributed by Company from Open Source Materials. “ Open Source Materials ”
means software or other material that is
distributed as “free software” or “open source software”
or meeting the Open Source Definition (as promulgated by the Open Source Initiative) or the Free Software
Definition (as promulgated by the Free Software Foundation), or any substantially similar license, including but not limited to any license under licensing terms
approved by the Open Source Initiative (including but not limited to the GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla
Public License (MPL), BSD licenses, the Artistic License, the Netscape Public License, the Sun Community Source License (SCSL) the Sun Industry Standards
License (SISL) and the Apache License). Where Open Source Materials have been utilized, the Company is in compliance with all terms and conditions of all licenses
for such Open Source Materials and such Open Source Materials have been utilized in a manner that does not create, or purport to create, obligations on the Company
to grant to any third party any rights under any Company Intellectual Property and/or to (a) distribute any Company Intellectual Property that are incorporated into,
combined with, derived from, or distributed with the Open Source Materials, (b) disclose or distribute any Company Intellectual Property in source code form, or (c)
license any Company Intellectual Property for the purpose of making derivative works or for redistribution at no charge. The Company has not disclosed, delivered or
licensed to any Person any source code owned by Company, other than disclosures to Service Providers involved in the development of Company Intellectual Property
by or for the Company under terms set forth in Section 2.9 (c) above, and, except for the escrow agreements set forth in Part 2.9(h)
of the Disclosure Schedule (the "
Escrow Agreements
"), has no escrow agreement or other Contract between the Company and any Person that would give such Person or any other Person the right to
obtain a copy of the source code and program documentation (or any portion thereof) owned by the Company upon any event including the liquidation, dissolution or
winding up of the Company, upon termination, breach or alleged breach of any Contract between the Company and such Person, or under any other
circumstances. No event has occurred that would give rise to the release of the escrow under any of the Escrow Agreements. In respect of agreements disclosed in
Part 2.9(h)
of the Disclosure Schedule that have expired or been terminated, all source code and/or other escrow materials and copies thereof have been returned to
Company. Without limiting the foregoing, neither the execution of this Agreement nor any of the transactions contemplated by this Agreement will result in a release
from escrow or other delivery to a third party of any Company source code.
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