Source Materials

Source Materials. The term "Source Materials" shall mean: (i) source code, including related reference files, resource files, configuration files, and "include" files necessary to compile the source code into machine-executable form used to run the Software or used in the preparation of the Software or its enabling keys; (ii) any associated files necessary to run and exercise all functions of the Software; (iii) a listing and description of all known product defects and bugs current and open as of the Effective... Date, and all closed bugs associated with the source code; (iv) instructions, notes, references, programs and other materials (excluding any third party software programs) required for the technical staff of OPNET, without any additional assistance from RadView, to make modifications and prepare an executable code copy of the Software from the source code of such Software, via the procedures of assembly, compilation, linking and/or any other procedure, which materials shall include all such materials (exclusive of third party materials) actually used by RadView to prepare executable code copies of such Software and access keys for such Software; (v) product documentation (source version and final form); (vi) installation procedures and any installation or support utilities; (vii) any "back-office" applications necessary to allow end-users to exercise any function of the source code, including but not limited to automatic updating or patching of the end-user's installation; (viii) images and graphics (source version and final form); and (ix) design documents, source code overviews and descriptions, API documents, and requirement documents for each of the following: (a) the highest patch level of each Major Release of the Software generally distributed by RadView during the forty-eight (48) months preceding the Effective Date and including the optional (at OPNET's election) additional portions of the Source Material described in Section 5, (b) all "in progress" work related to the Software as of the Effective Date, and (c) all "in progress" work related to Java applet testing technology as of the payment date specified under Section 7.2 for the fourth installment payment of the Initial Services Fee. RadView shall deliver to OPNET, within two (2) business days following RadView's receipt of the Source Code License Fee identified in Section 7 below, thirty (30) FlexLM license keys for running each of the Software, including thirty (30) "100 Virtual Users" licenses for WebLOAD for the in progress work and the Major Release using FlexLM generally distributed by RadView in the 12 months immediately prior to the effective date. Source Materials shall not include any source code or source code documentation for third party products. 1 View More

Source Materials. For any computer program, the source code and all related documentation, including, without limitation, user manuals, administrator manuals, training and installation materials, developers' notes, designs, flowcharts, diagrams and source code annotations and other materials related to the operation, maintenance or support of such computer program.

Source Materials. The source code files delivered to Customer by Tall Maple pursuant to this Agreement, including but not limited to the source materials specifically identified in Attachment 1, and any modifications, Updates, and/or Upgrades of the same and any Documentation associated with the foregoing. Notwithstanding any of the foregoing, the Source Materials specifically excludes any Third Party Open Source Software