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 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.
2.1. 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.
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