74
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 patent or trademark) Licensable by Con-
tributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifi-
cations, 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) 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 combina-
tion).
(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 Ver-
sion; 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 Sec-
tion 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 ver-
sion 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 pro-
vided 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 cop-
ies Contributor makes available thereafter and shall take other steps (such as notifying appropri-
ate 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, Con-
tributor must also include this information in the LEGAL file.
(c) Representations.
InstallationGuide.book Page 74 Wednesday, May 3, 2006 10:19 AM
