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.
2.1. 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 Work; and
(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
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