Code or ii) the combination of the Original Code with other software 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 patent or trademark) Licensable by Contributor, 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
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) 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 theInitial 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 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
119