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
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