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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 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
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