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54

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thereof).

(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 software 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 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

theContributor 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 sucha notice. If You created one or moreModification(s)

You may add your name as a Contributor to the notice described

inExhibit 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, upport,

indemnity or liability terms You offer.

3.6. Distribution of Executable Versions.

You may distribute Covered Code in Executable form only if the

requirements of Section 3.1-3.5 have been met for that Covered Code,

and if You include a notice stating that the Source Code version of he

Covered Code is available under the terms of this License, including

a description of how and where You have fulfilled the obligations

of Section 3.2. The notice must be conspicuously included in any

notice in an Executable version, related documentation or collateral

in which You describe recipients’ rights relating to the Covered

Code. You may distribute the Executable version of Covered Code or

ownership rights under a license of Your choice, which may contain

terms different from this License, provided that You are in

compliance with the terms of this License and that the license for the

Executable version does not attempt to limit or alter the recipient’s

rights in the Source Code version from the rights set forth in this

License. If You distribute the Executable version under a different

license You must make it absolutely clear that any terms which

differ from this License are offered by You alone, not by the Initial

Developer or any Contributor. 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 any such

terms You offer.

3.7. Larger Works.

You may create a Larger Work by combining Covered Code with other

code not governed by the terms of this License and distribute the

Larger Work as a single product. In such a case, You must make sure

the requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this

License with respect to some or all of the Covered Code due to

statute, judicial order, or regulation then You must: (a) comply with

the terms of this License to the maximum extent possible; and (b)

describe the limitations and the code they affect. Such description

must be included in the LEGAL file described in Section 3.4 and must

be included with all distributions of the Source Code. Except to the

extent prohibited by statute or regulation, such description must be

sufficiently detailed for a recipient of ordinary skill to be able to

understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has

attached the notice in Exhibit A and to related Covered Code.

6. Versions of the License.

6.1. New Versions.

Netscape Communications Corporation (“Netscape”) may publish