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1.9. “Modifi cations”
means any addition to or deletion from the
substance or structure of either the Original Code
or any previous Modifi cations. When Covered Code
is released as a series of fi les, a Modifi cation is:
A.
Any addition to or deletion from the contents
of a fi le containing Original Code or previous
Modifi cations.
B.
Any new fi le that contains any part of the Original
Code, or previous Modifi cations.
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 modifi cations to it, including all
modules it contains, plus any associated interface
defi nition fi les, 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 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