No hardware per se is licensed hereunder. The patent license shall not apply to any other combinations which include the Contribution. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. GRANT OF RIGHTS Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors.Ģ. "Program" means the Original Program and Contributions. "Original Program" means the original version of the software accompanying this Agreement as released by IBM, including source code, object code and documentation, if any. "Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Contributor" means IBM and any other entity that distributes the Program. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. DEFINITIONS "Contribution" means: in the case of International Business Machines Corporation ("IBM"), the Original Program, and in the case of each Contributor, changes to the Program, and additions to the Program where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.ġ. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC LICENSE ("AGREEMENT"). Third-Party Product Terms The following terms apply to third-party products that are included with or in a BMC Software product as described in the BMC Software, Inc., License Agreement that is applicable to the product.
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