you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license <strong>(a)</strong> in connection with copies of the covered work conveyed by you (or copies made from those copies), or <strong>(b)</strong> primarily for and i