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APPENDIX
10. Automatic Licensing of Downstream
Recipients.
Each time you convey a covered work, the recipient
automatically receives a license from the original
licensors, to run, modify and propagate that work,
subject to this License. You are not responsible
for enforcing compliance by third parties with this
License.
An “entity transaction” is a transaction transferring
control of an organization, or substantially all assets
of one, or subdividing an organization, or merging
organizations. If propagation of a covered work
results from an entity transaction, each party to that
transaction who receives a copy of the work also
receives whatever licenses to the work the party's
predecessor in interest had or could give under
the previous paragraph, plus a right to possession
of the Corresponding Source of the work from the
predecessor in interest, if the predecessor has it or
can get it with reasonable efforts.
You may not impose any further restrictions on the
exercise of the rights granted or affi rmed under this
License. For example, you may not impose a license
fee, royalty, or other charge for exercise of rights
granted under this License, and you may not initiate
litigation (including a cross-claim or counterclaim in
a lawsuit) alleging that any patent claim is infringed
by making, using, selling, offering for sale, or
importing the Program or any portion of it.
11. Patents.
A “contributor” is a copyright holder who authorizes
use under this License of the Program or a work on
which the Program is based. The work thus licensed
is called the contributor's “contributor version”.
A contributor's “essential patent claims” are
all patent claims owned or controlled by the
contributor, whether already acquired or hereafter
acquired, that would be infringed by some
manner, permitted by this License, of making,
using, or selling its contributor version, but do
not include claims that would be infringed only
as a consequence of further modifi cation of
the contributor version. For purposes of this
defi nition, “control” includes the right to grant
patent sublicenses in a manner consistent with the
requirements of this License.
Each contributor grants you a non-exclusive,
worldwide, royalty-free patent license under the
contributor's essential patent claims, to make, use,
sell, offer for sale, import and otherwise run, modify
and propagate the contents of its contributor
version.
In the following three paragraphs, a “patent license”
is any express agreement or commitment, however
denominated, not to enforce a patent (such as an
express permission to practice a patent or covenant
not to sue for patent infringement). To “grant” such
a patent license to a party means to make such an
agreement or commitment not to enforce a patent
against the party.
If you convey a covered work, knowingly relying on
a patent license, and the Corresponding Source of
the work is not available for anyone to copy, free of
charge and under the terms of this License, through
a publicly available network server or other readily
accessible means, then you must either (1) cause
the Corresponding Source to be so available, or
(2) arrange to deprive yourself of the benefi t of the
patent license for this particular work, or (3) arrange,
in a manner consistent with the requirements
of this License, to extend the patent license to
downstream recipients. “Knowingly relying” means
you have actual knowledge that, but for the patent
license, your conveying the covered work in a
country, or your recipient's use of the covered work
in a country, would infringe one or more identifi able
patents in that country that you have reason to
believe are valid.
If, pursuant to or in connection with a single
transaction or arrangement, you convey, or
propagate by procuring conveyance of, a covered
work, and grant a patent license to some of the
parties receiving the covered work authorizing them
to use, propagate, modify or convey a specifi c copy
of the covered work, then the patent license you
grant is automatically extended to all recipients of
the covered work and works based on it.
A patent license is “discriminatory” if it does not
include within the scope of its coverage, prohibits
the exercise of, or is conditioned on the non-
exercise of one or more of the rights that are
specifi cally granted under this License. You may
not convey a covered work if you are a party to
an arrangement with a third party that is in the
business of distributing software, under which you
make payment to the third party based on the
extent of your activity of conveying the work, and
under which the third party grants, to any of the
parties who would receive the covered work from
you, a discriminatory patent license (a) in connection
with copies of the covered work conveyed by you
(or copies made from those copies), or (b) primarily
for and in connection with specifi c products or
compilations that contain the covered work, unless
you entered into that arrangement, or that patent
license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as
excluding or limiting any implied license or other
defenses to infringement that may otherwise be
available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court
order, agreement or otherwise) that contradict
the conditions of this License, they do not excuse
you from the conditions of this License. If you
cannot convey a covered work so as to satisfy
