Barracuda Networks VERSION SP4 - Manual (Page 244)

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(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 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 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.