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 affirmed 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.
12.
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 modification of the contributor version. For purposes of this
definition, “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 benefit 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 identifiable 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 specific 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 specifically
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 specific 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.
13.
No Surrender of Others' Freedom.
TS-431X User Guide
Notices
39
