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APPENDIX
147
(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 contribu-
tor (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 mod-
ifications 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 commer-
cial 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.
3. Distribution Obligations.
3.1. Application of license.
The modifications which You create or to which you con-
tribute are governed by the terms of this license, including
without limitation section 2.2. The source code version of
covered code may be distributed only under the terms of
this license or a future version of this license released
under section 6.1, and you must include a copy of this
license with every copy of the source code you distribute.
You may not offer or impose any terms on any source code
version that alters or restricts the applicable version of
this license or the recipients' rights hereunder. However,
you may include an additional document offering the
additional rights described in section 3.5.
3.2. Availability of source code.
Any modification which you create or to which you con-
tribute must be made available in source code form under
the terms of this license either on the same media as an
executable version or via an accepted electronic distribu-
tion mechanism to anyone to whom you made an exe-
cutable version available; and if made available via elec-
tronic distribution mechanism, must remain available for at
least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent
version of that particular modification has been made
available to such recipients. You are responsible for ensur-
ing that the source code version remains available even if
the electronic distribution mechanism is maintained by a
third party.
3.3. Description of modifications.
You must cause all covered code to which you contribute to
contain a file documenting the changes You made to create
that covered code and the date of any change. You must
include a prominent statement that the modification is
derived, directly or indirectly, from original code provided by
the initial developer and including the name of the initial
developer in (a) the source code, and (b) in any notice in an
executable version or related documentation in which you
describe the origin or ownership of the covered code.
3.4. Intellectual property matters
(a) Third party claims.
If contributor has knowledge that a license under a third
party's intellectual property rights is required to exercise
the rights granted by such contributor under sections 2.1
or 2.2, contributor must include a text file with the source
code distribution titled "LEGAL" which describes the claim
and the party making the claim in sufficient detail that a
recipient will know whom to contact. If contributor obtains
such knowledge after the modification is made available as
described in section 3.2, contributor shall promptly modi-
fy the LEGAL file in all copies contributor makes available
thereafter and shall take other steps (such as notifying
appropriate mailing lists or newsgroups) reasonably calcu-
lated to inform those who received the covered code that
new knowledge has been obtained.
(b) Contributor APIs.
If contributor's modifications include an application
programming interface and contributor has knowledge of
patent licenses which are reasonably necessary to implement
that API, contributor must also include this information in
the LEGAL file.