Table des Matières
Publicité
(b) under Patents Claims infringed by the making, using or selling
of Original Code, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Code (or
portions thereof).
(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 Contributor (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
Modifications 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 Commercial 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 contribute 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 contribute 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 Distribution
Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic 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 ensuring 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 modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups)
reasonably calculated 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.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in
each file of the Source Code. If it is not possible to put such notice in a
particular Source Code file due to its structure, then You must include
such notice in a location (such as a relevant directory) where a user would
be likely to look for such a notice. If You created one or more
Modification(s) You may add your name as a Contributor to the notice
described in Exhibit A. You must also duplicate this License in any
documentation for the Source Code where You describe recipients' rights
or ownership rights relating to Covered Code. You may choose to offer,
and to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. However, You may do so
only on Your own behalf, and not on behalf of the Initial Developer or any
Contributor. You must make it absolutely clear than any such warranty,
support, indemnity or liability obligation is offered by You alone, and You
hereby agree to indemnify the Initial Developer and every Contributor for
any liability incurred by the Initial Developer or such Contributor as a result
of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute
Covered Code in Executable form only if the requirements of Section
3.1-3.5 have been met for that Covered Code, and if You include a
notice stating that the Source Code version of the Covered Code is
available under the terms of this License, including a description of
how and where You have fulfilled the obligations of Section 3.2. The
notice must be conspicuously included in any notice in an Executable
version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the
Executable version of Covered Code or ownership rights under a
license of Your choice, which may contain terms different from this
License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not
attempt to limit or alter the recipient's rights in the Source Code
version from the rights set forth in this License. If You distribute the
Executable version under a different license You must make it
absolutely clear that any terms which differ from this License are
offered by You alone, not by the Initial Developer or any Contributor.
You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining
Covered Code with other code not governed by the terms of this
License and distribute the Larger Work as a single product. In such a
case, You must make sure the requirements of this License are fulfilled
for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial
order, or regulation then You must: (a) comply with the terms of this
License to the maximum extent possible; and (b) describe the limitations
and the code they affect. Such description must be included in the
LEGAL file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached
the notice in Exhibit A and to related Covered Code.
Publicité
Table des Matières
