Open Source Initiative (Open Source Materials) in compliance with all license terms applicable to such Open Source Materials. Neither the Company nor any of its subsidiaries has used or distributed any Open Source Materials in a manner that requires or has required as a result of such use or distribution: (i) the Company or any of its subsidiaries to permit reverse engineering of any products or services of the Company or any of its subsidiaries, or any software code or other technology owned by the Company or any of its subsidiaries, or (ii) any products or services of the Company or any of its subsidiaries, or any software code or other technology owned by the Company or any of its subsidiaries, to be (A) disclosed or distributed in source code form, (B) licensed for the purpose of making derivative works, or (C) redistributed at no charge , except, in the case of each of the preceding (i) and (ii), such as would not be reasonably expected to have a Material Adverse Effect.
(xxiv) The Company and its subsidiaries have (A) operated and currently operate their respective businesses in a manner compliant in all material respects with all applicable foreign, federal, state and local laws and regulations, all contractual obligations and all Company policies (internal and posted) related to privacy and data security applicable to the Companys, and its subsidiaries, collection, use, handling, transfer, transmission, storage, disclosure and/or disposal of the personal data of their respective customers, employees and other third parties (the Privacy and Data Security Requirements) and (B) implemented administrative, technical and physical safeguards and policies and procedures designed to comply with Privacy and Data Security Requirements. Except as described in the Pricing Prospectus, to the knowledge of the Company, (i) there has been no loss or unauthorized access, use, disclosure, modification or breach of security of personal data of a customer, employee or third party maintained by or on behalf of the Company and its subsidiaries that would reasonably be expected to have a Material Adverse Effect and (ii) neither the Company nor any of its subsidiaries has notified, has been required to notify pursuant to its Privacy and Data Security Requirements, nor has the current intention to notify, any customer, governmental entity or the media of any such event with regard to any material data breach;
(xxv) Except as would not have a Material Adverse Effect, the Company and its subsidiaries information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, IT Systems) (A) operate and perform as required in connection with the operation of the business of the Company and its subsidiaries as currently conducted, and, (B) to the knowledge of the Company, are free and clear of all bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its subsidiaries have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards designed to maintain and protect their material confidential information and the integrity, availability, and security of all IT Systems, and, to the knowledge of the Company, there have been (i) no breaches, violations, outages or unauthorized uses of or access to same, that would reasonably be expected to have a Material Adverse Effect.
(xxvi) (i) None of the Company or any of its subsidiaries nor, to the knowledge of the Company, any director, officer, employee, agent, affiliate, or other person acting on behalf of the Company or any of its subsidiaries, has (A) made, offered, promised or authorized any unlawful contribution, gift, entertainment or other unlawful expense or taken any act in furtherance thereof; (B) made, offered, promised or authorized any direct or indirect unlawful payment; or