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1.11. ‘’Source Code’’ means the preferred form of the Covered
Code for making modifications to it, including all modules it
contains, plus any associated interface definition files, 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 definition, "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 fifty percent (50%) of the outstanding shares or
beneficial 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 Modifications, and/or as part of a Larger
(b) under Patents Claims infringed by the making, using
or selling of Original Code, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose
of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license
is granted: 1) for code that You delete from the Original
Code; 2) separate from the Original Code; or 3) for
infringements caused by: i) the modification of the Original
Code or ii) the combination of the Original Code with
other software or devices.
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
Modifications created by such Contributor (or portions
thereof) either on an unmodified basis, with other
Modifications, as Covered Code and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version
(or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of:
1) Modifications made by that Contributor (or portions
thereof); and 2) the combination of Modifications made
by that Contributor with its Contributor Version (or
portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial
Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from
the Contributor Version; 2) separate from the Contributor
Version; 3) for infringements caused by: i) third party
modifications of Contributor Version or ii) the combination of
Modifications made by that Contributor with other software
(except as part of the Contributor Version) or other devices;
or 4) under Patent Claims infringed by Covered Code in the
absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications 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
3.2. Availability of Source Code. Any Modification which You
create or to which You contribute must be made available in
Source Code form under the terms of this License either on
the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you
made an Executable version available; and if made available
via Electronic Distribution Mechanism, must remain available
for at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version
of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source
Code version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered
Code to which You contribute to contain a file documenting the
changes You made to create that Covered Code and the date
of any change. You must include a prominent statement that the
Modification 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
file with the Source Code distribution titled "LEGAL’’ which
describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact.
If Contributor obtains such knowledge after the Modification
is made available as described in Section 3.2, Contributor
shall promptly modify the LEGAL file in all copies Contributor
makes available thereafter and shall take other steps (such as
notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Covered Code
that new knowledge has been obtained.
(b) Contributor APIs. If Contributor’s Modifications include
an application programming interface and Contributor
has knowledge of patent licenses which are reasonably
necessary to implement that API, Contributor must also
include this information in the LEGAL file.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor’s
Modifications are Contributor’s original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by