(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 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 Contributor. 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 any such
terms You offer.
3.7. Larger Works. You may create a Larger Work by combining
Covered Code with other code not governed by the terms of
this License and distribute the Larger Work as a single product.
In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply
with the terms of this License to the maximum extent possible;
and (b) describe the limitations and the code they affect. Such
description must be included in the LEGAL file described in
Section 3.4 and must be included with all distributions of the
Source Code. Except to the extent prohibited by statute or
regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
