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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 defi nition, “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
fi fty percent (50%) of the outstanding shares or
benefi cial 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 Modifi cations, and/or as part of a
Larger Work; and
(b)
under patents now or hereafter owned or controlled
by Initial Developer, to make, have made, use and
sell (“offer to sell and import”) the Original Code,
Modifi cations, or portions thereof, but solely to the
extent that any such patent is reasonably necessary
to enable You to utilize, alone or in combination with
other software, the Original Code, Modifi cations, or
any combination or portions thereof.
(c)
(d)
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 Modifi cations created
by such Contributor (or portions thereof) either on
an unmodifi ed basis, with other Modifi cations, as
Covered Code and/or as part of a Larger Work;
and
(b)
under patents now or hereafter owned or controlled
by Contributor, to make, have made, use and sell
(“offer to sell and import”) the Contributor Version
(or portions thereof), but solely to the extent that
any such patent is reasonably necessary to enable
You to utilize, alone or in combination with other
software, the Contributor Version (or portions
thereof).
(c)
(d)
3 DISTRIBUTION OBLIGATIONS.
3.1. Application of License.
The Modifi cations 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 Modifi cation created by You shall be provided
to the Initial Developer in Source Code form and
are subject to the terms of the License.
3.3. Description of Modifi cations.
You must cause all Covered Code to which You
contribute to contain a fi le documenting the changes
You made to create that Covered Code and the
date of any change. You must include a prominent
statement that the Modifi cation is derived, directly
or indirectly, from Original Code provided by the
Initial Developer and including the name of the
Initial Developer in (a) the Source Code, and (b)
in any notice in an Executable version or related
documentation in which You describe the origin or
ownership of the Covered Code.
3.4. Intellectual Property Matters.
(a) Third Party Claims.
If Contributor has knowledge that a license under a
third party’s intellectual property rights is required
to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include
a text fi le with the Source Code distribution titled
“LEGAL” which describes the claim and the party
making the claim in suffi cient detail that a recipient
will know whom to contact. If Contributor obtains
such knowledge after the Modifi cation is made
available as described in Section 3.2, Contributor
shall promptly modify the LEGAL fi le in all copies
Contributor makes available thereafter and shall
