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APPENDIX
A
P
P
EN
D
IX
(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
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.
