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the Modifications created by such Contributor (or portions thereof) either on an un-
modified 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 Con-
tributor 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 Elec-
tronic 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 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 Ini-
tial 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.
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