definiens: means each of ( i ) any software that contains, or is derived in any manner ( inwhole or in part ) from, any software that is distributed as free software, open source software, or pursuant to similarlicensing and distribution models and ( ii ) any software that requires as a condition of use, modification, hosting, ordistribution of such software, or of other software used or developed with, incorporated into, derived from, or distributedwith such software, that such software or other software ( A ) be disclosed or distributed in source code form ; ( B ) belicensed for the purpose of making derivative works ; ( C ) be redistributed, hosted or otherwise made available at no orminimal charge ; or ( D ) be licensed, sold or otherwise made available on terms that ( x ) limit in any manner the ability tocharge license fees or otherwise seek compensation in connection with marketing, licensing or distribution of suchsoftware or other software or ( y ) grant the right to decompile, disassemble, reverse engineer or otherwise derive thesource code or underlying structure of such software or other software