10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify
and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this
License.
An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing
an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party
to that transaction who receives a copy of the work also receives whatever licenses to the work the party’s predecessor in
interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work
from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example,
you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not
initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making,
using, selling, offering for sale, or importing the Program or any portion of it.
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 conveyed by 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 this License. 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.
BN68-02388A-03L09.indb 56 2009-10-08 �� 10:16:31
