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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 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.
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. 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.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/
or new versions of the GNU General Public License
from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If
the Program specifies that a certain numbered version
of the GNU General Public License “or any later version”
applies to it, you have the option of following the terms