54
End User License Agreement for Operating System Software
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 benet 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 identiable 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 specic 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 specically 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 specic 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 species
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 species 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. Interpretation 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.