45
English
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
orarrangement, 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.
If conditions are imposed on you (whether by court order,
agreement or otherwise) that contradict the conditions of
this License, they do not excuse you from the conditions of
this License. If you cannot convey a covered work so as to
satisfy simultaneously your obligations under this License and
any other pertinent obligations, then as a consequence you
may not convey it at all. For example, if you agree to terms
that obligate you to collect a royalty for further conveying from
those to whom you convey the Program, the only way you
could satisfy both those terms and this License would be to
refrain entirely from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you
have permission to link or combine any covered work with
a work licensed under version 3 of the GNU Affero General
Public License into a single combined work, and to convey
the resulting work. The terms of this License will continue to
apply to the part which is the covered work, but the special
requirements of the GNU Affero General Public License, section
13, concerning interaction through a network will apply to the
combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or
new versions of the GNU General Public License from time to
time. Such new versions will be similar in spirit to the present
version, but may differ in detail to address new problems or
concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU
General Public License "or any later version" applies to it, you
have the option of following the terms and conditions either of
that numbered version or of any later version published by the
Free Software Foundation. If the Program does not specify
a version number of the GNU General Public License, you
may choose any version ever published by the Free Software
Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU General Public License can be used, that
proxy's public statement of acceptance of a version permanently
authorizes you to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed
on any author or copyright holder as a result of your choosing
to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR
AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR
ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR
DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE PROGRAM (INCLUDING BUT
NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH
ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
17. Inter pretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their
terms, reviewing courts shall apply local law that most closely
approximates an absolute waiver of all civil liability in connection
with the Program, unless a warranty or assumption of liability
accompanies a copy of the Program in return for a fee.