(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.
3.1. 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
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