HP ProLiant SL2x170z HP SL Advanced Power Manager Firmware End User License Ag - Page 21

Availability of Source Code, 1. The Initial Developer Grant

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1.11. "Source Code" means the preferred form of the Covered Code 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 Code or another well known, available Covered Code 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. 1.12. "You" (or "Your") 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 issued under Section 6.1. 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 more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 2 SOURCE CODE LICENSE 2.1. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and (b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("offer to sell and import") the Original Code, Modifications, or portions thereof, but solely to the extent that any such patent is reasonably necessary to enable You to utilize, alone or in combination with other software, the Original Code, Modifications, or any combination or portions thereof. (c) (d) 2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license (a) under intellectual property rights (other than patent or trademark) 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 Code and/or as part of a Larger Work; and (b) under patents now or hereafter owned or controlled by Contributor, to make, have made, use and sell ("offer to sell and import") the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to utilize, alone or in combination with other software, the Contributor Version (or portions thereof). (c) (d) 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 Code 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 created by You will be provided to the Initial Developer in Source Code form and are subject to the terms of the License. 3.3. Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer 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 Code. 3.4. Intellectual Property Matters.

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1.11. "Source Code"
means the preferred form of the Covered Code 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 Code or another well known, available Covered Code 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.
1.12. "You" (or "Your")
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 issued under Section 6.1. 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 more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2 SOURCE CODE LICENSE
2.1. The Initial Developer Grant
.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property
claims:
(a)
under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify,
display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a
Larger Work; and
(b)
under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("offer to sell and
import") the Original Code, Modifications, or portions thereof, but solely to the extent that any such patent is reasonably necessary to
enable You to utilize, alone or in combination with other software, the Original Code, Modifications, or any combination or portions
thereof.
(c)
(d)
2.2. Contributor Grant
.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license
(a)
under intellectual property rights (other than patent or trademark) 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 Code and/or as part of a Larger Work; and
(b)
under patents now or hereafter owned or controlled by Contributor, to make, have made, use and sell ("offer to sell and import")
the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to
utilize, alone or in combination with other software, the Contributor Version (or portions thereof).
(c)
(d)
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 Code 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 created by You will be provided to the Initial Developer in Source Code form and are subject to the terms of the
License.
3.3. Description of Modifications
.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered
Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from
Original Code provided by the Initial Developer and including the name of the Initial Developer 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 Code.
3.4. Intellectual Property Matters
.