GNU GPLv3 section 11 (minus the MS coupon paragraph which was previously deleted in GPL.next) is concerned with two distinct topics, patent licenses granted explicitly or by implication from upstream participants, and third-party patent licenses/covenants granted to distributors or their customers. GNU GPLv3 sec. 11 has occasionally been criticized by lawyers for starting out with the grant of a patent license and then proceeding to define "patent license" for purposes of subsequent paragraphs. The main motivation of splitting the section up is to make it easier to reason about and make changes to each part.
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469 lines
23 KiB
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GPL.NEXT
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0. Definitions.
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"You" means a person exercising rights under this License.
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"The Program" means a particular copyrightable work licensed under
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this License and received by You.
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To "modify" a work means to copy from or adapt all or part of the
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work in a fashion requiring copyright permission, other than the
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making of an exact copy. The resulting work is called a "modified
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version" of the earlier work or a work "based on" the earlier work.
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A "Covered Work" means either the Program or a work based on the
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Program.
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For the avoidance of doubt, "distribution" of a work does not
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include mere interaction with a user through a computer network, with
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no transfer of a copy.
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An interactive user interface displays "Appropriate Legal Notices"
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to the extent that it includes a convenient and prominently visible
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feature that (1) displays an appropriate copyright notice, and (2)
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tells the user that there is no warranty for the work (except to the
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extent that warranties are provided), that licensees may distribute the
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work under this License, and how to view a copy of this License. If
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the interface presents a list of user commands or options, such as a
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menu, a prominent item in the list meets this criterion.
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"License Steward" is [to be defined].
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1. Source Code.
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The "source code" for a work means the preferred form of the work
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for making modifications to it. "Object code" means any non-source
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form of a work.
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A "Standard Interface" means an interface that either is an official
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standard defined by a recognized standards body, or, in the case of
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interfaces specified for a particular programming language, one that
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is widely used among developers working in that language.
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"System Libraries" of an executable work means any part of the work
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that is normally distributed (in either source code or object code
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form) with (i) the major components (kernel, window system, and so on)
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of the operating system on which the executable runs or (ii) a
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compiler used to produce the executable or (iii) an object code
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interpreter used to run the executable.
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The "Corresponding Source" for a work in object code form means all
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the source code needed to generate, install, and (for an executable
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work) run the object code and to modify the work, including scripts to
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control those activities. However, it does not include the work's
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System Libraries, or general-purpose tools or generally available free
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programs which are used unmodified in performing those activities but
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which are not part of the work. For example, Corresponding Source
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includes interface definition files associated with source files for
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the work, and the source code for shared libraries and dynamically
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linked subprograms that the work is specifically designed to require,
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such as by intimate data communication or control flow between those
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subprograms and other parts of the work.
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2. Basic Permissions.
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All rights granted under this License are granted for the term of
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copyright on the Program, and are irrevocable provided the stated
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conditions are met. This License explicitly affirms Your unlimited
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permission to run the Program. The output from running a Covered Work
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is covered by this License only if the output, given its content,
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constitutes a Covered Work.
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This License is not intended to limit any rights You have under
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applicable copyright doctrines of fair use, fair dealing or other
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equivalents.
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You may make, run and copy Covered Works that You do not distribute,
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without conditions so long as Your license otherwise remains in force.
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You may distribute Covered Works to others for the sole purpose of
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having them make modifications exclusively for You, or provide You
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with facilities for running those works, provided that You comply with
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the terms of this License in distributing all material for which You
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do not control copyright. Those thus making or running the Covered
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Works for You must do so exclusively on Your behalf, under Your
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direction and control, on terms that prohibit them from making any
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copies of Your copyrighted material outside their relationship with
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You.
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Distributing under any other circumstances is permitted solely under
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the conditions stated below. Sublicensing is not allowed; section 9
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makes it unnecessary.
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3. Anti-Circumvention Law.
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No Covered Work shall be deemed part of an effective technological
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measure under any applicable law fulfilling obligations under article
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11 of the WIPO copyright treaty adopted on 20 December 1996, or
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similar laws prohibiting or restricting circumvention of such
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measures.
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When You distribute a Covered Work, You waive any legal power to forbid
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circumvention of technological measures to the extent such circumvention
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is effected by exercising rights under this License with respect to
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the Covered Work, and You disclaim any intention to limit operation or
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modification of the work as a means of enforcing, against the work's
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users, Your or third parties' legal rights to forbid circumvention of
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technological measures.
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4. Distributing Verbatim Copies.
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You may distribute verbatim copies of the Program's source code as You
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receive it, in any medium, provided that You conspicuously and
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appropriately publish on each copy an appropriate copyright notice;
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keep intact all notices stating that this License and any
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non-permissive terms added in accord with section 7 apply to the code;
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keep intact all notices of the absence of any warranty; and give all
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recipients a copy of this License along with the Program.
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You may charge any price or no price for each copy that You distribute,
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and You may offer support or warranty protection for a fee.
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5. Distributing Modified Source Versions.
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You may distribute a work based on the Program in the form of source
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code under the terms of section 4, provided that You also meet all of
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these conditions:
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a) The work must carry prominent notices stating that You modified
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it, and giving a relevant date.
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b) The work must carry prominent notices stating that it is
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released under this License and any conditions added under section
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7. This requirement modifies the requirement in section 4 to
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"keep intact all notices".
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c) You must license the entire work, as a whole, under this
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License to anyone who comes into possession of a copy. This
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License will therefore apply, along with any applicable section 7
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additional terms, to the whole of the work, and all its parts,
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regardless of how they are packaged. This License gives no
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permission to license the work in any other way, but it does not
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invalidate such permission if You have separately received it.
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d) If the work has interactive user interfaces, each must display
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Appropriate Legal Notices; however, if the Program has interactive
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interfaces that do not display Appropriate Legal Notices, Your
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work need not make them do so.
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A compilation of a Covered Work with other separate and independent
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works, which are not by their nature extensions of the Covered Work,
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and which are not combined with it such as to form a larger program,
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in or on a volume of a storage or distribution medium, is called an
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"aggregate" if the compilation and its resulting copyright are not
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used to limit the access or legal rights of the compilation's users
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beyond what the individual works permit. Inclusion of a Covered Work
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in an aggregate does not cause this License to apply to the other
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parts of the aggregate.
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6. Distributing Non-Source Forms.
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You may distribute a Covered Work in object code form under the terms
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of sections 4 and 5, provided that You also distribute the
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machine-readable Corresponding Source under the terms of this License,
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in one of these ways:
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a) Distribute the object code in, or embodied in, a physical product
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(including a physical distribution medium), accompanied by the
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Corresponding Source fixed on a durable physical medium
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customarily used for software interchange.
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b) Distribute the object code in, or embodied in, a physical product
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(including a physical distribution medium), accompanied by a
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written offer, valid for at least three years and valid for as
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long as You offer spare parts or customer support for that product
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model, to give anyone who possesses the object code either (1) a
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copy of the Corresponding Source for all the software in the
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product that is covered by this License, on a durable physical
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medium customarily used for software interchange, for a price no
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more than Your reasonable cost of physically performing this
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distributing of source, or (2) access to copy the
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Corresponding Source from a network server at no charge.
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c) Distribute individual copies of the object code with a copy of the
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written offer to provide the Corresponding Source. This
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alternative is allowed only occasionally and noncommercially, and
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only if You received the object code with such an offer, in accord
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with subsection 6b.
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d) Distribute the object code by offering access from a designated
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place (gratis or for a charge), and offer equivalent access to the
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Corresponding Source in the same way through the same place at no
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further charge. You need not require recipients to copy the
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Corresponding Source along with the object code. If the place to
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copy the object code is a network server, the Corresponding Source
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may be on a different server (operated by You or a third party)
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that supports equivalent copying facilities, provided You maintain
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clear directions next to the object code saying where to find the
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Corresponding Source. Regardless of what server hosts the
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Corresponding Source, You remain obligated to ensure that it is
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available for as long as needed to satisfy these requirements.
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e) Distribute the object code using peer-to-peer transmission, provided
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You inform other peers where the object code and Corresponding
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Source of the work are being offered to the general public at no
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charge under subsection 6d.
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Corresponding Source distributed in accord with this section must be
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in a format that is publicly documented (and with an implementation
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available to the public in source code form), and must require no
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special password or key for unpacking, reading or copying.
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7. User Product Lockdown.
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A "User Product" is either (1) a "consumer product", which means any
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tangible personal property which is normally used for personal, family,
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or household purposes, or (2) anything designed or sold for incorporation
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into a dwelling. In determining whether a product is a consumer product,
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doubtful cases shall be resolved in favor of coverage. For a particular
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product received by a particular user, "normally used" refers to a
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typical or common use of that class of product, regardless of the status
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of the particular user or of the way in which the particular user
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actually uses, or expects or is expected to use, the product. A product
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is a consumer product regardless of whether the product has substantial
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commercial, industrial or non-consumer uses, unless such uses represent
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the only significant mode of use of the product.
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"Installation Information" for a User Product means any methods,
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procedures, authorization keys, or other information required to install
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and execute modified versions of a Covered Work in that User Product from
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a modified version of its Corresponding Source. The information must
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suffice to ensure that the continued functioning of the modified object
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code is in no case prevented or interfered with solely because
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modification has been made.
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If You distribute an object code work under section 6 in, or with,
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or specifically for use in, a User Product, and the distributing
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occurs as part of a transaction in which the right of possession and
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use of the User Product is transferred to the recipient in perpetuity
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or for a fixed term (regardless of how the transaction is
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characterized), the Corresponding Source distributed under this
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section must be accompanied by the Installation Information. But this
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requirement does not apply if neither You nor any third party retains
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the ability to install modified object code on the User Product (for
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example, the work has been installed in ROM).
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The requirement to provide Installation Information does not include a
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requirement to continue to provide support service, warranty, or updates
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for a work that has been modified or installed by the recipient, or for
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the User Product in which it has been modified or installed. Access to a
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network may be denied when the modification itself materially and
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adversely affects the operation of the network or violates the rules and
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protocols for communication across the network.
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8. Additional Terms.
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"Additional permissions" are terms that supplement the terms of this
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License by making exceptions from one or more of its conditions.
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Additional permissions that are applicable to the entire Program shall
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be treated as though they were included in this License, to the extent
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that they are valid under applicable law. If additional permissions
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apply only to part of the Program, that part may be used separately
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under those permissions, but the entire Program remains governed by
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this License without regard to the additional permissions.
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When You distribute a copy of a Covered Work, You may at Your option
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remove any additional permissions from that copy, or from any part of
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it. (Additional permissions may be written to require their own
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removal in certain cases when You modify the work.) You may place
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additional permissions on material, added by You to a Covered Work,
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for which You have or can give appropriate copyright permission.
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Notwithstanding any other provision of this License, for material You
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add to a Covered Work, You may (if authorized by the copyright holders of
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that material) supplement the terms of this License with terms:
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a) Disclaiming warranty or limiting liability differently from the
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terms of sections 16 and 17 of this License; or
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b) Requiring preservation of specified reasonable legal notices or
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author attributions in that material; or
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c) Prohibiting misrepresentation of the origin of that material, or
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requiring that modified versions of such material be marked in
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reasonable ways as different from the original version; or
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d) Limiting the use for publicity purposes of names of licensors or
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authors of the material; or
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e) Declining to grant rights under trademark law for use of some
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trade names, trademarks, or service marks.
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All other non-permissive additional terms are considered "further
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restrictions" within the meaning of section 10. If the Program as You
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received it, or any part of it, contains a notice stating that it is
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governed by this License along with a term that is a further
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restriction, You may remove that term. If a license document contains
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a further restriction but permits relicensing or distributing under
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this License, You may add to a Covered Work material governed by the
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terms of that license document, provided that the further restriction
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does not survive such relicensing or distributing.
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Additional terms may be stated in the form of a separately written
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license or stated as exceptions to or qualifications of this License.
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9. Termination.
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You may not copy, distribute or modify a Covered Work except as
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expressly provided under this License. Any unauthorized act of
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copying, distribution or modification automatically terminates Your
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rights under this License (including any patent licenses granted under
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the third paragraph of section 11).
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However, if You cease all violation of this License, then Your
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license from a particular copyright holder is reinstated (a)
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provisionally, unless and until the copyright holder explicitly and
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finally terminates Your license, and (b) permanently, if the copyright
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holder fails to notify You of the violation by some reasonable means
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prior to 60 days after the cessation.
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Moreover, Your license from a particular copyright holder is
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reinstated permanently if the copyright holder notifies You of the
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violation by some reasonable means, this is the first time You have
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received notice of violation of this License (for any work) from that
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copyright holder, and You cure the violation prior to 30 days after
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Your receipt of the notice.
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Termination of Your rights under this section does not terminate the
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licenses of parties who have received copies or rights from You under
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this License. If Your rights have been terminated and not permanently
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reinstated, You do not qualify to receive new licenses for the same
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material under section 10.
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10. Automatic Licensing of Downstream Recipients.
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Each time You distribute a Covered Work, the recipient automatically
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receives a license from the original licensors, to run, copy, modify
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and distribute that work, subject to this License.
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You may not impose any further restrictions on the exercise of the
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rights granted or affirmed under this License. For example, You may
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not impose a license fee, royalty, or other charge for exercise of
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rights granted under this License, and You may not initiate litigation
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(including a cross-claim or counterclaim in a lawsuit) alleging that
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any patent claim is infringed by making, using, selling, offering for
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sale, or importing the Program or any portion of it.
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Incorporation into a Covered Work of material covered by the Apache
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License 2.0, as published by the Apache Software Foundation, shall not
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be deemed to give rise to imposition of a further restriction under
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this section.
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11. Upstream Patent Licenses.
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A "contributor" is a copyright holder who authorizes use under this
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License of the Program or a work on which the Program is based. The
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work thus licensed is called the contributor's "contributor version".
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A contributor's "essential patent claims" are all patent claims
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owned or controlled by the contributor, whether already acquired or
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hereafter acquired, that would be infringed by some manner, permitted
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by this License, of making, using, or selling its contributor version,
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but do not include claims that would be infringed only as a
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consequence of further modification of the contributor version. For
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purposes of this definition, "control" includes the right to grant
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patent sublicenses in a manner consistent with the requirements of
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this License.
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Each contributor grants You a non-exclusive, worldwide, royalty-free
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patent license under the contributor's essential patent claims, to
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make, use, sell, offer for sale, import and otherwise run, copy,
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modify and distribute the contents of its contributor version.
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Nothing in this License shall be construed as excluding or limiting
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any implied license or other defenses to infringement that may
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otherwise be available to You under applicable patent law.
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12. Third-Party Patent Licenses.
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For purposes of this section only, a "Patent License" is any express
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agreement or commitment, however denominated, not to enforce a patent
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(such as an express permission to practice a patent or covenant not to
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sue for patent infringement). To "grant" such a Patent License
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party means to make such an agreement or commitment not to enforce a
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patent against the party.
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If You distribute a Covered Work, knowingly relying on a Patent
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License, and the Corresponding Source of the work is not available for
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anyone to copy, free of charge and under the terms of this License,
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through a publicly available network server or other readily
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accessible means, then You must either (1) cause the Corresponding
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Source to be so available, or (2) arrange, in a manner consistent with
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the requirements of this License, to extend the patent license to
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downstream recipients. "Knowingly relying" means You have actual
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knowledge that, but for the Patent License, Your distributing the
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Covered Work in a country, or Your recipient's use of the Covered Work
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in a country, would infringe one or more identifiable patents in that
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country that You have reason to believe are valid.
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A Patent License is "discriminatory" if it does not include within
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the scope of its coverage, prohibits the exercise of, or is
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conditioned on the non-exercise of one or more of the rights that are
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specifically granted under this License. You may not distribute a
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covered work if You are a party to an arrangement with a third party
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that is in the business of distributing software, under which You make
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payment to the third party based on the extent of Your activity of
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distributing the work, and under which the third party grants, to any
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of the parties who would receive the Covered Work from You, a
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discriminatory Patent License (a) in connection with copies of the
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Covered Work distributed by You (or copies made from those copies), or
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(b) primarily for and in connection with specific products or
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compilations that contain the Covered Work, unless You entered into
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that arrangement, or that Patent License was granted, prior to 28
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March 2007.
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13. Liberty or Death.
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If conditions are imposed on You (whether by court order, agreement
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or otherwise) that contradict the conditions of this License, they do
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not excuse You from the conditions of this License. If You cannot
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distribute a Covered Work in a way that would satisfy simultaneously Your
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requirements under this License and any pertinent obligations
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extrinsic to this License, then as a consequence You may not distribute it
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at all. For example, if You agree to terms that obligate You to
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collect a royalty for further distributing from those to whom You distribute
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the Program, the only way You could satisfy both those terms and this
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License would be to refrain entirely from distributing the Program.
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14. Compatibility with GNU GPL and GNU AGPL.
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Notwithstanding any other provision of this License, You have
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permission to relicense any Covered Work under the terms of any
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version of the GNU General Public License and any version of the GNU
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Affero General Public License published by the Free Software
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Foundation.
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15. New Versions of this License.
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The License Steward may publish new versions of GPL.next. Each
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version will be given a distinguishing version number. You may
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distribute a Covered Work under the terms of the version of GPL.next
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under which the Program is licensed, or under the terms of any
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subsequent version published by the License Steward.
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16. Disclaimer of Warranty.
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To the extent permitted by applicable law, the Program is provided
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under this License on an "as is" basis, without warranty of any kind,
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either express, implied, or statutory, including, without limitation,
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warranties that the Program is free of defects, merchantable, fit for
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a particular purpose or non-infringing. The entire risk as to the
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quality and performance of the Program is with You. Should the
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Program prove defective in any respect, You assume the cost of all
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necessary servicing, repair or correction. This disclaimer of
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warranty constitutes an essential part of this License. No use of the
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Program is authorized under this License except under this disclaimer.
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17. Limitation of Liability.
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In no event unless required by applicable law or agreed to in
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writing will any copyright holder, or any other party who modifies
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and/or distributes the Program as permitted above, be liable to You
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for damages, including any general, special, incidental or
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consequential damages arising out of the use or inability to use the
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Program (including but not limited to loss of data or data being
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rendered inaccurate or losses sustained by You or third parties or a
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failure of the Program to operate with any other programs), even if
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such holder or other party has been advised of the possibility of such
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damages.
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