"Codec" - shall mean a component of a program capable of performing transformations of a video, still image or audio data stream or signal, which component can (i) put the stream or signal into an encoded form for transmission or storage and/or (ii) decode such form for viewing, listening or manipulation in a format more appropriate for such operations.

"Linux Kernel" - shall mean the software package identified as "kernel" in the Linux Environment Component.

"Linux Environment Component" - shall mean any of the software packages whose released source code shall be identified on the OIN website, or a Predecessor Release or Successor Release of any of such packages, including bug fixes and error corrections thereto.

"Linux System" - shall mean a Linux Environment Component or any combination of such components to the extent each such component is (i) generally available under an Open Source License or in the public domain (and the source code for such component is generally available) and (ii) Distributed with, or for use with, the Linux Kernel (or is the Linux Kernel).

"Open Source License" - shall mean a license that conforms to the Open Source Definition (Version 1.9) as published by the non-profit organization known as the Open Source Initiative (OSI).

"Predecessor Release" - shall mean as to any Linux Environment Component, a previous release of such component the overall functionality of which is the same as or a subset of such component, but to which such component may have added bug fixes, modifications for compatibility, performance enhancements (e.g. increasing execution speed, code maintainability, or bug resistance), or functional enhancements or new functionality.

"Successor Release" - shall mean, as to any Linux Environment Component, a later release of such component that has the same overall functionality as such component and (a) is Distributed by an open source maintainer of the component which maintainer is identified on the OIN website, to the extent such later release contains modifications to existing functionality for: compatibility (e.g., standards compliance or porting), performance enhancements (e.g., increasing execution speed, code maintainability, security or bug resistance), usability, and localization and internationalization, but to the extent the later release contains new functionality which does not exist in such component, the portion of the later release providing such new functionality is not included as part of "Successor Release;" or (b) is Distributed by one not identified as a maintainer of the component on the OIN website, but in the case of this clause (b) only to the extent of the same code as in such component or in a later release described in the foregoing clause (a). To the extent that any later release described in the foregoing clause (b) contains code that does not exist in such component or in a later release described in the foregoing clause (a), such code is not included as part of "Successor Release."

                    The Linux Environment Components consist of the software packages identified below, as such packages' currently released source code as of November 8, 2005 is identified on the OIN website.

                    To the extent that any of the software packages identified in this edition contain audio, still video and/or motion video Codecs, such Codecs shall be deemed not to constitute a "Linux Environment Component" unless expressly set forth below:

1. 411 still image
2. Berkeley YUV still image
3. BMP still image
4. Cineon still image
5. GIF still image
6. GOULD imaging still image
7. ICO still image
8. ILBM still image
9. JBIG still image
10. MNG still image
11. PBM/PGM/PPM/PNM still image
12. PBM/PNM/PPM still image
13. PCD still image
14. PCL5 still image
15. PCL still image
16. PCX still image
17. PNG still image
18. PNM/PPM still image
19. PSD still image
20. PS/EPS/Postscript still image
21. RAS still image
22. Raw CMYK still image
23. RAW still image
24. SVG still image
25. TGA still image
26. TIFF still image
27. XBM/XPM still image
28. XCF still image
29. XWD still image
30. YUV still image
31. 669/S3M/MOD audio format
32. ADPCM audio
33. AIFF audio
34. AU audio
35. FLAC audio codec
36. IMA ADPCM audio
37. LPCM audio
38. RIFF/WAV audio

                    To the extent that any of the software packages identified in this edition implement DVR functionality, an EPG (Electronic Program Guide) and/or DVD video functionality, such implementations shall be deemed not covered as a "Linux Environment Component". For purposes of the foregoing, "DVR functionality" shall mean (a) the capability to record, time-shift, play back and manipulate TV programs or (b) a user interface specifically designed to implement such capability; and "DVD video functionality" shall mean (a) the capability to play back, navigate and manipulate a DVD video program or (b) a user interface specifically designed to implement such capability.