Appendix E Open Software Announcements

1.3"Intellectual Property Rights" means all rights, whether now existing or hereinafter acquired, in and to trade secrets, patents, copyrights, trademarks, know-how, as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to any of the foregoing.

1.4"License" or "Agreement" means this document.

1.5"Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications.

1.6"Original Code" means the Source Code to GoAhead? proprietary computer software entitled GoAhead WebServer.

1.7"Response Header" means the first portion of the response message output by the GoAhead WebServer, containing but not limited to, header fields for date, content-type, server identification and cache control.

1.8"Server Identification Field" means the field in the Response Header which contains the text "Server: GoAhead-Webs".

1.9"You" 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. 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 fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Source Code License.

2.1 Limited Source Code Grant.

GoAhead hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to use, reproduce, modify, copy and distribute the Original Code.

2.2 Binary Code.

GoAhead hereby grants You a world-wide, royalty-free, non-exclusive license to copy and distribute the binary code versions of the Original Code together with Your Modifications.

2.3 License Back to GoAhead.

You hereby grant in both source code and binary code to GoAhead a world-wide, royalty-free, non-exclusive license to copy, modify, display, use and sublicense any Modifications You make that are distributed or planned for distribution. Within 30

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NWA1300-NJ User’s Guide