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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
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
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 simultaneously your obligations under this
License and any other pertinent obligations, then
as a consequence you may not convey it at all.
on a patent license, and the Corresponding Source
for sale, or importing the Program or any portion
of it.
them to use, propagate, modify or convey a specific
For example, if you agree to terms that obligate
you to collect a royalty for further conveying from
those to whom you convey the Program, the only
way you could satisfy both those terms and this
License would be to refrain entirely from conveying
the Program.
13. Use with the GNU Affero General Public
License.
Notwithstanding any other provision of this
License, you have permission to link or combine any
covered work with a work licensed under version
3 of the GNU Affero General Public License into a
single combined work, and to convey the resulting
work. The terms of this License will continue to
apply to the part which is the covered work, but
the special requirements of the GNU Affero General
Public License, section 13, concerning interaction
through a network will apply to the combination
as such.
