Beckman Coulter Optima XPN User Manual page 231

Preparative ultracentrifuges
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D
Third Party Contributions and Legal Notices
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the
original licensors, to run, modify and propagate that work, subject to this License. You are not
responsible for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an organization, or substantially all
assets of one, or subdividing an organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that transaction who receives a copy of the
work also receives whatever licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the Corresponding Source of the
work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under
this License. For example, you may not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation (including a cross-claim or
counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling,
offering for sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this License of the Program or a
work on which the Program is based. The work thus licensed is called the contributor's "contributor
version".
A contributor's "essential patent claims" are all patent claims owned or controlled by the
contributor, whether already acquired or hereafter acquired, that would be infringed by some
manner, permitted by this License, of making, using, or selling its contributor version, but do not
include claims that world be infringed only as a consequence of further modification of the
contributor version. For purposes of this definition, "control" includes the right to grant patent
sublicenses in a manner consistent with the requirements of the 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 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
PN B08115AF
D-9

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