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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 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.
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.