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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 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.
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 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 which 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 Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
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