Freecom Technologies Dual Drive Network Center User Manual

Page 74

1.9 „You“ or „Your“ means an individual or a legal entity exercising rights under this License. For legal entities, „You“ or „Your“

includes any entity which controls, is controlled by, or is under common control with, You, where „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. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You,

effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive

license, to the extent of Apple‘s Applicable Patent Rights and copyrights covering the Original Code, to do the following:

2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally

Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in

each instance:

(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers

of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License;

and

(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You

distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this

License or the recipients‘ rights hereunder, except as permitted under Section 6.

2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your

organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes,

provided that in each instance You also meet all of these conditions:

(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;

(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your

Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of

any change; and

either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of

Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license

grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from

the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your

Externally Deployed Modifications electronically (e.g. download from a web site).

2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in

object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation,

stating that Source Code of the Covered Code is available under the terms of this License with information on how and

where to obtain such Source Code.

2.4 Third Party Rights. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses

to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor

that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and

each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual

property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole

responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is

required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the

Covered Code.

3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant

to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual,

irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or

controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications

of the same scope and extent as Apple‘s licenses under Sections 2.1 and 2.2 above.

4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this

License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of

this License are fulfilled for the Covered Code or any portion thereof.

5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted

by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may

grant in its sole discretion.