Netgear AC779S User Guide - Page 91

No Surrender of Others' Freedom., with a third party that is in the business of distributing software

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purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License. Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version. In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party. 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 benefit 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 identifiable 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 specific 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 specifically 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 specific 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 Appendix 86

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Appendix
86
purposes of this definition, “control” includes the right to grant patent sublicenses in a manner
consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the
contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run,
modify and propagate the contents of its contributor version.
In the following three paragraphs, a “patent license” is any express agreement or commitment,
however denominated, not to enforce a patent (such as an express permission to practice a patent
or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to
make such an agreement or commitment not to enforce a patent against the party.
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
benefit 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 identifiable 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 specific 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 specifically
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 specific 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