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that work, subject to this License. You are not
responsible for enforcing compliance by third
parties with this License.
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 affi rmed 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.
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
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 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
them to use, propagate, modify or convey a specifi c
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.