1.3. "Covered Code" means the Original Code or
Modifications or the combination of the Original Code
and Modifications, in each case including portions
thereof.
1.4. "Electronic Distribution Mechanism" means a
mechanism generally accepted in the software
development community for the electronic transfer of
data.
1.5. "Executable" means Covered Code in any form
other than Source Code.
1.6. "Initial Developer" means the individual or entity
identified as the Initial Developer in the Source Code
notice required by Exhibit A.
1.7. "Larger Work" means a work which combines
Covered Code or portions thereof with code not
governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to
the maximum extent possible, whether at the time of
the initial grant or subsequently acquired, any and all
of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion
from the substance or structure of either the Original
Code or any previous Modifications. When Covered
Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a
file containing Original Code or previous
Modifications.
B. Any new file that contains any part of the Original
Code or previous Modifications.
1.10. "Original Code" means Source Code of 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. 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
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