APPENDIX
(c) 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.
(d) 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