"Affiliates" of a party shall mean an entity
a) which is directly or indirectly controlling such party;
b) which is under the same direct or indirect ownership or control
as such party; or
c) which is directly or indirectly owned or controlled by such party.
For these purposes, an entity shall be treated as being controlled
by another if that other entity has fifty percent (50%) or more of the
votes in such entity, is able to direct its affairs and/or to control the
composition of its board of directors or equivalent body.
"Commercial Use" shall mean distribution or otherwise making
the Covered Software available to a third party.
''Contributor'' shall mean each entity that creates or contributes
to the creation of Modifications.
''Contributor Version'' shall mean in case of any Contributor
the combination of the Original Software, prior Modifications used by a
Contributor, and the Modifications made by that particular Contributor
and in case of Nokia in addition the Original Software in any form, including
the form as Exceutable.
''Covered Software'' shall mean the Original Software or Modifications
or the combination of the Original Software and Modifications, in each
case including portions thereof.
''Electronic Distribution Mechanism'' shall mean a mechanism
generally accepted in the software development community for the electronic
transfer of data.
''Executable'' shall mean Covered Software in any form other
than Source Code.
''Nokia'' shall mean Nokia Corporation and its Affiliates.
''Larger Work'' shall mean a work, which combines Covered Software
or portions thereof with code not governed by the terms of this License.
''License'' shall mean this document.
"Licensable" shall mean having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or subsequently
acquired, any and all of the rights conveyed herein.
''Modifications'' shall mean any addition to or deletion from
the substance or structure of either the Original Software or any previous
Modifications. When Covered Software is released as a series of files,
a Modification is:
a) Any addition to or deletion from the contents of a file containing
Original Software or previous Modifications.
b) Any new file that contains any part of the Original Software or
''Original Software'' shall mean the Source Code of computer
software code which is described in the Source Code notice required by
Exhibit A as Original Software, and which, at the time of its release under
this License is not already Covered Software governed by this License.
"Patent Claims" shall mean any patent claim(s), now owned
or hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
''Source Code'' shall mean the preferred form of the Covered
Software 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 Software or another well known,
available Covered Software of the Contributor'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.
"You'' (or "Your") shall mean 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 Affiliates of such entity.
2. SOURCE CODE LICENSE.
2.1 Nokia Grant.
Subject to the terms of this License, Nokia hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual
a) under copyrights Licensable by Nokia to use, reproduce, modify,
display, perform, sublicense and distribute the Original Software (or portions
thereof) with or without Modifications, and/or as part of a Larger Work;
b) and under Patents Claims necessarily infringed by the making, using
or selling of Original Software, to make, have made, use, practice, sell,
and offer for sale, and/or otherwise dispose of the Original Software (or
c) The licenses granted in this Section 2.1(a) and (b) are effective
on the date Nokia first distributes Original Software under the terms of
d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Software; 2) separate from
the Original Software; or 3) for infringements caused by: i) the modification
of the Original Software or ii) the combination of the Original Software
with other software or devices.
2.2 Contributor Grant.
Subject to the terms of this License and subject to third party intellectual
property claims, each Contributor hereby grants You a world-wide, royalty-free,
a) under copyrights Licensable by Contributor, 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 Software and/or as part of a Larger Work;
b) under Patent Claims necessarily infringed by the making, using,
or selling of Modifications made by that Contributor either alone and/or
in combination with its Contributor Version (or portions of such combination),
to make, use, sell, offer for sale, have made, and/or otherwise dispose
of: 1) Modifications made by that Contributor (or portions thereof); and
2) the combination of Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered Software.
d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor Version;
2) separate from the Contributor Version; 3) for infringements caused by:
i) third party modifications of Contributor Version or ii) the combination
of Modifications made by that Contributor with other software (except as
part of the Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Software in the absence of Modifications made by that
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 Software may be distributed only under
the terms of this License or a future version of this License released
under Section 6.1, and You must include a copy of this License with every
copy of the Source Code You distribute. You may not offer or impose any
terms on any Source Code version that alters or restricts the applicable
version of this License or the recipients' rights hereunder. However, You
may include an additional document offering the additional rights described
in Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License either
on the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is maintained
by a third party.
3.3 Description of Modifications.
You must cause all Covered Software to which You contribute to contain
a file documenting the changes You made to create that Covered Software
and the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original Software
provided by Nokia and including the name of Nokia in (a) the Source Code,
and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Software.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the
Source Code distribution titled "LEGAL'' which describes the claim and
the party making the claim in sufficient detail that a recipient will know
whom to contact. If Contributor obtains such knowledge after the Modification
is made available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available thereafter
and shall take other steps (such as notifying appropriate mailing lists
or newsgroups) reasonably calculated to inform those who received the Covered
Software that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface
and Contributor has knowledge of patent licenses which are reasonably necessary
to implement that API, Contributor must also include this information in
the LEGAL file.
Contributor represents that, except as disclosed pursuant to Section
3.4(a) above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient rights
to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source Code
file due to its structure, then You must include such notice in a location
(such as a relevant directory) where a user would be likely to look for
such a notice. If You created one or more Modification(s) You may add your
name as a Contributor ...
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