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59
APPENDIX
a world-wide, royalty-free, non-
exclusive license, subject to third
party intellectual property claims:
a) under intellectual property rights
(other than patent or trademark)
licensable by initial developer to use,
reproduce, modify, display, perform,
sublicense and distribute the original
code (or portions thereof) with or
without modifications, and/or as part
of a larger work; and
(b) under patents claims infringed by
the making, using or selling of original
code, to make, have made, use,
practice, sell, and offer for sale, and/
or otherwise dispose of the original
code (or portions there of).
(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 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
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