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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 Section6.1, 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 Sections 3.1, 3.2, 3.3, 3.4 and 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.
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