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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.
174
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