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58
APPENDIX
2. Source Code License.
2.1. The initial developer grant.
The initial developer hereby grants You
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
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