Sony BDV-E780W License Agreement page 24

(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
24
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 Section 3.1-3.5 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