OSS Representations and Warranties in M&A and Financings

Morgan Lewis – The use of open-source software (OSS) is ubiquitous. Depending on what license governs the type of OSS a company uses and how it uses the OSS, OSS use impacts the valuation of the intellectual property used by a company or transferred in a merger or acquisition. Thus, OSS-related representations and warranties have become an integral part of the IP representations and warranties in M&A transactions and financings.

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