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that Contributor either alone and/or in combi-
nation 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 Contribu-
tor 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 recipi-
ents' 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
OPEN SOURCE LICENSE
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 ver-
sion 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 Mecha-
nism 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 chang-
es 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 re-
quired to exercise the rights granted by such Con-
tributor 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, Con-
tributor shall promptly modify the LEGAL file in all
copies Contributor makes available thereafter and
shall take other steps (such as notifying appropri-
ate mailing lists or newsgroups) reasonably cal-
culated 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 knowl-
edge 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, Contribu-
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