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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 conveyedby
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
thisLicense. 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 and conditions
either of that numbered version or of any later version
published by the Free Software Foundation. If the Program
does not specify a version number of the GNU General Public
License, you may choose any version ever published by the
Free Software Foundation. If the Program specifies that a
proxy can decide which future versions of the GNU General
Public License can be used, that proxy’s public statement
of acceptance of a version permanently authorizes you to
choose that version for the Program. Later license versions
may give you additional or different permissions. However, no
additional obligations are imposed on any author or copyright
holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT
WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE
PROGRAM “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW
OR AGREED TO IN WRITING WILL ANY COPYRIGHT
HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/
OR CONVEYS THE PROGRAM AS PERMITTED ABOVE,
BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE
OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR