16 Third-party materials and licenses 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, in- cluding 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 Contribu- tor’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, sub- ject 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 now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (“offer to sell and import”) the Original Code, Modifications, or portions thereof, but solely to the extent that any such patent is reasonably necessary to enable You to utilize, alone or in combination with other software, the Original Code, Modifications, or any combination or portions thereof. (c) (d) 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 Con- tributor, 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 patents now or hereafter owned or controlled by Contributor, to make, have made, use and sell (“offer to sell and import”) the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to utilize, alone or in combination with other software, the Contributor Version (or portions thereof). (c) (d) 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 256
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