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(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 soft- ware 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 pat- ent or trademark) licensable by contributor, to use, reproduce, modify, display, perform, subli- cense 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) modi- fications made by that contributor (or portions thereof); and 2) the combination of modifications made by that contributor with its contributor ver- sion (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 modifica- tions 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 ver- sion 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 ver- sion 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 any- one to whom you made an executable version avail- able; and if made available via electronic distribution mechanism, must remain available for at least twelve

(12)months after the date it initially became avail- able, or at least six (6) months after a subsequent version of that particular modification has been made available to such recipients. You are responsi- ble for ensuring that the source code version remains available even if the electronic distribution mecha- nism is maintained by a third party.

3.3.Description of modifications.

You must cause all covered code to which you contrib-

ute 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 knowl- edge 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 knowl- edge of patent licenses which are reasonably neces- sary to implement that API, contributor must also include this information in the LEGAL file.

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