3.5.1/3.6.1 HP PolyServe Matrix Server Third-Party Licenses (T5392-96021, January 2009)

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Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving
software is widely available for no charge.
1.15 "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 Claims infringed by the making, using or selling of Original Code, to make, have
made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or
portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first
distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete
from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the
modification of the Original Code or ii) the combination of the Original Code with other software or
devices.
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 Patent Claims 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 Code.
(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 Code in the absence of
Modifications made by that Contributor.