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59
APPENDIX
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
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