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of, publicly display, publicly perform, Distribute and sublicense the Contribution of such
Contributor, if any, and such Derivative Works.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-
exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use,
sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any,
in Source Code or other form. This patent license shall apply to the combination of the
Contribution and the Program if, at the time the Contribution is added by the Contributor,
such addition of the Contribution causes such combination to be covered by the Licensed
Patents. The patent license shall not apply to any other combinations which include the
Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its
Contributions set forth herein, no assurances are provided by any Contributor that the
Program does not infringe the patent or other intellectual property rights of any other entity.
Each Contributor disclaims any liability to Recipient for claims brought by any other entity
based on infringement of intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights needed, if any. For example, if
a third party patent license is required to allow Recipient to Distribute the Program, it is
Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its
Contribution, if any, to grant the copyright license set forth in this Agreement.
e) Notwithstanding the terms of any Secondary License, no Contributor makes additional
grants to any Recipient (other than those set forth in this Agreement) as a result of such
Recipient's receipt of the Program under the terms of a Secondary License (if permitted
under the terms of Section 3).
3. REQUIREMENTS
3.1 If a Contributor Distributes the Program in any form, then:
a) the Program must also be made available as Source Code, in accordance with section
3.2, and the Contributor must accompany the Program with a statement that the Source
Code for the Program is available under this Agreement, and informs Recipients how to
obtain it in a reasonable manner on or through a medium customarily used for software
exchange; and
b) the Contributor may Distribute the Program under a license different than this
Agreement, provided that such license:
i) effectively disclaims on behalf of all other Contributors all warranties and conditions,
express and implied, including warranties or conditions of title and non-infringement, and
implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all other Contributors all liability for damages, including
direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) does not attempt to limit or alter the recipients' rights in the Source Code under section
3.2; and
iv) requires any subsequent distribution of the Program by any party to be under a license
that satisfies the requirements of this section 3.
3.2 When the Program is Distributed as Source Code:
a) it must be made available under this Agreement, or if the Program (i) is combined with
other material in a separate file or files made available under a Secondary License, and (ii)
the initial Contributor attached to the Source Code the notice described in Exhibit A of this
Agreement, then the Program may be made available under the terms of such Secondary
Licenses, and
b) a copy of this Agreement must be included with each copy of the Program.
3.3 Contributors may not remove or alter any copyright, patent, trademark, attribution
notices, disclaimers of warranty, or limitations of liability ('notices') contained within the
Program from any copy of the Program which they Distribute, provided that Contributors
may add their own appropriate notices.
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