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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 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 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
153
ENG
ENGLISH
OPEN SOURCE LICENSE
153


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