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Appendix E Open Source Licences
Media Server User’s Guide
457
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.