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APPENDIX
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(c)
(d)
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.
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
soft-
ware 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
pat-
ent
or trademark)
licensable
by contributor,
to
use,
reproduce,
modify,
display,
perform,
subli-
cense
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) modi-
fications
made
by that
contributor
(or
portions
thereof);
and 2) the combination
of modifications
made
by that contributor
with its contributor
ver-
sion (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
modifica-
tions 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
ver-
sion
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
ver-
sion 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 any-
one
to whom
you
made
an
executable
version
avail-
able;
and
if made
available
via
electronic
distribution
mechanism,
must
remain
available
for at least
twelve
(12)
months
after
the
date
it initially
became
avail-
able,
or
at
least
six
(6)
months
after
a subsequent
version
of
that
particular
modification
has
been
made
available
to
such
recipients.
You
are
responsi-
ble 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
contrib-
ute
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
knowl-
edge
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 knowl-
edge
of patent
licenses
which are reasonably
neces-
sary to implement
that
API,
contributor
must
also
include
this information
in the LEGAL
file.
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