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OPEN SOURCE LICENSE
151
(b) Any new file that contains any part of the
Original Code or previous Modifications.
1.10. “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.
i 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 archival 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 entity, 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
ENGLISH
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