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APPENDIX
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EN
D
IX
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
practice, sell, and offer for sale, and/or otherwise
dispose of the original code (or portions there of).
(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.
