24
1.7. "Larger Work" means a work which combines
Covered Code
or
portions thereof with code not
.governed by the terms
of
this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to
the
maxi~um
extent possible, whether at the time
of
the initial grant
or
subsequently acquired, any and all
of
the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion
from the substance
or
structure
of
either the
Original
Code or any previous Modifications. When Covered
Code is released as a series
of
files, a Modification is:
A.
Any addition to
or
deletion from the contents
of
a file containing
Original
Code or previous
Modifications.
B. Any new file that contains any part
of
the
Originaf
Code
or
previous Modifications.
1.1
0. "Original
Code" means
Source
Code
of
computer
software code which is described in the
Source
Code
notice required by Exhibit A as
Original
Code, and
which, at the time
of
its release under this License is not
already Covered Code governed by this License.
1.10.1.
"Patent Claims" means any patent claim(s),
now owned or hereafter acquired, including without
limitation, method, process, and apparatus claims, in
any patent Licensable by grantor.
1.11.
"Source
Code" means the preferred form
of
the
Covered Code for making modifications to it, including
all modules it contains, plus any associated interface
definition files, scripts used to control compilation and
installation
of
an Executable, or source code
differential comparisons against either the
Original
Code or another. well known, available Covered Code
of
the Contributor's choice. The
Source
Code can be in
a compressed or arc hi val form, provided the
appropriate decompression
or
de-archiving software
is
widely available for no charge.
1.12. "You"
(or
"Your")
means an individual or a legal
entity exercising rights under, and complying with all
of
the terms of, this License or a future version
of
this
License issued under Section 6.1. For legal entities,
"You"
includes any entity which controls,
is
controlled
by, or
is
under common control with
You.
For purposes
of
this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management
of
such enti,ty, whether by contract or otherwise, or (b)
·
ownership
of
more than fifty percent (50%)
of
the
outstanding
shares
or
beneficial ownership
of
such
·entity.
2.
Source
Code License.
2.1. The Initial Developer Grant.
The
Initial Developer hereby grants You
a world-wide,
royalty-free, non-exclusive license, subject
to
third
party intellectual property claims:
(a) under intellectual property rights (other than
patent or trademark) Licensable by Initial
Developer to use, reproduce, modify, display,
perform, sublicense and distribute the Original
Code (or portions thereof) with or without
Modifications, and/or as part
of
a Larger Work;
and ·
(b) under Patents Claims infringed by the making,
using or selling
of
Original Code, to make, have .
made, use, practice, sell, and offer for sale, and/or
otherwise dispose
of
the Original
Code (or
portions thereof).
(c) the licenses granted in this Section 2.1(a) and
(b) are effective on the date Initial Developer first
distributes
Original
Code under the terms
of
this
License.
(d) Notwithstanding Section
2.1
(b) above, no
patent license is granted:
1)
for
code that
You
delete from the
Original
Code; 2) separate from
the
Original
Code;
or
3) for infringements caused
by: i) the modification
of
the
Original
Code or ii)
the combination
of
the
Original
Code with other
software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each
Contributor hereby grants You
a world-wide, royalty-
free, non-exclusive license
(a) under intellectual property rights (other than
patent
or
trademark) Licensable by Contributor, to
use, reproduce, modify, display, perform,
sublicense and distribute the Modifications
created by such Contributor (or portions thereof)
either on an unmodified basis, with other
Modifications, as Covered Code and/or as part
of
·a
Larger Work; and
(b) under Patent Claims infringed by the making,
using,
or
selling
of
Modifications made by that
Contributor either alone and/or
in
combination
with its Contributor Version (or portions
of
such
combination),
to
make, use, sell, offer for sale,
have made, and/or otherwise dispose of:
1)
Modifications made by that Contributor (or
portions thereof); and 2) the combination
of
Modifications made by that Contributor with its
Contributor Version (or portions
of
such
combination).
(c) the licenses granted
in
Sections 2.2(a) and
2.2(b) are effective on the date Contributor first
makes Commercial
Use
of
the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no
patent license
is
granted:
1)
for any code that
Contributor has deleted from the Contributor
Version;
2)
separate from the Contributor
Version; 3) for infringements caused by: i) third
party modifications
of
Contributor Version or ii)
the combination
of
Modifications made by that
Contributor with other software (except as part
of
the Contributor Version)
or
other devices; or 4)
under Patent Claims infringed by Covered Code in
the absence
of
Modifications made by that
Contributor.
3.
Distribution
Obligations.
3.1. Application
of
License.
The Modifications which
You
create or to
w.bich
You
contribute are governed by the terms
of
this License,
including without limitation Section 2.2. The
Source
Code version
of
Covered Code may be distributed only
under the terms
of
this License or a future version
of
this
License released
under Section 6.1,. and
You
must
include a copy
of
this License with
·every
copy
of
the
Source
Code
You
distribute.
You
may not offer or
impose any terms on any Source
Code version that
alters
or
restricts the applicable version
of
this License
or the recipients' rights hereunder. However,
You
may
include an additional document offering the additional
rights described in Section 3.5.
3.2. Availability
of
Source Code.
Any Modification which
You
create or to which
You
contribute must be made available in Source Code form
under the terms
of
this License either on the same
media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom
you made an Executable version available; and
if
made
available via Electronic Distribution Mechanism, must
remain available for at least twelve (12) months after
the date it initially became available, or at least
six (6)
months after a subsequent version
of
that particular
Modification has been made available to such
recipients.
You
are responsible for ensuring that the
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