ENGLISH
90
OPEN SOURCE LICENSE
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