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1 MOZILLA PUBLIC LICENSE | |
2 Version 1.1 | |
3 | |
4 --------------- | |
5 | |
6 1. Definitions. | |
7 | |
8 1.0.1. "Commercial Use" means distribution or otherwise making the | |
9 Covered Code available to a third party. | |
10 | |
11 1.1. "Contributor" means each entity that creates or contributes to | |
12 the creation of Modifications. | |
13 | |
14 1.2. "Contributor Version" means the combination of the Original | |
15 Code, prior Modifications used by a Contributor, and the Modifications | |
16 made by that particular Contributor. | |
17 | |
18 1.3. "Covered Code" means the Original Code or Modifications or the | |
19 combination of the Original Code and Modifications, in each case | |
20 including portions thereof. | |
21 | |
22 1.4. "Electronic Distribution Mechanism" means a mechanism generally | |
23 accepted in the software development community for the electronic | |
24 transfer of data. | |
25 | |
26 1.5. "Executable" means Covered Code in any form other than Source | |
27 Code. | |
28 | |
29 1.6. "Initial Developer" means the individual or entity identified | |
30 as the Initial Developer in the Source Code notice required by Exhibit | |
31 A. | |
32 | |
33 1.7. "Larger Work" means a work which combines Covered Code or | |
34 portions thereof with code not governed by the terms of this License. | |
35 | |
36 1.8. "License" means this document. | |
37 | |
38 1.8.1. "Licensable" means having the right to grant, to the maximum | |
39 extent possible, whether at the time of the initial grant or | |
40 subsequently acquired, any and all of the rights conveyed herein. | |
41 | |
42 1.9. "Modifications" means any addition to or deletion from the | |
43 substance or structure of either the Original Code or any previous | |
44 Modifications. When Covered Code is released as a series of files, a | |
45 Modification is: | |
46 A. Any addition to or deletion from the contents of a file | |
47 containing Original Code or previous Modifications. | |
48 | |
49 B. Any new file that contains any part of the Original Code or | |
50 previous Modifications. | |
51 | |
52 1.10. "Original Code" means Source Code of computer software code | |
53 which is described in the Source Code notice required by Exhibit A as | |
54 Original Code, and which, at the time of its release under this | |
55 License is not already Covered Code governed by this License. | |
56 | |
57 1.10.1. "Patent Claims" means any patent claim(s), now owned or | |
58 hereafter acquired, including without limitation, method, process, | |
59 and apparatus claims, in any patent Licensable by grantor. | |
60 | |
61 1.11. "Source Code" means the preferred form of the Covered Code for | |
62 making modifications to it, including all modules it contains, plus | |
63 any associated interface definition files, scripts used to control | |
64 compilation and installation of an Executable, or source code | |
65 differential comparisons against either the Original Code or another | |
66 well known, available Covered Code of the Contributor's choice. The | |
67 Source Code can be in a compressed or archival form, provided the | |
68 appropriate decompression or de-archiving software is widely available | |
69 for no charge. | |
70 | |
71 1.12. "You" (or "Your") means an individual or a legal entity | |
72 exercising rights under, and complying with all of the terms of, this | |
73 License or a future version of this License issued under Section 6.1. | |
74 For legal entities, "You" includes any entity which controls, is | |
75 controlled by, or is under common control with You. For purposes of | |
76 this definition, "control" means (a) the power, direct or indirect, | |
77 to cause the direction or management of such entity, whether by | |
78 contract or otherwise, or (b) ownership of more than fifty percent | |
79 (50%) of the outstanding shares or beneficial ownership of such | |
80 entity. | |
81 | |
82 2. Source Code License. | |
83 | |
84 2.1. The Initial Developer Grant. | |
85 The Initial Developer hereby grants You a world-wide, royalty-free, | |
86 non-exclusive license, subject to third party intellectual property | |
87 claims: | |
88 (a) under intellectual property rights (other than patent or | |
89 trademark) Licensable by Initial Developer to use, reproduce, | |
90 modify, display, perform, sublicense and distribute the Original | |
91 Code (or portions thereof) with or without Modifications, and/or | |
92 as part of a Larger Work; and | |
93 | |
94 (b) under Patents Claims infringed by the making, using or | |
95 selling of Original Code, to make, have made, use, practice, | |
96 sell, and offer for sale, and/or otherwise dispose of the | |
97 Original Code (or portions thereof). | |
98 | |
99 (c) the licenses granted in this Section 2.1(a) and (b) are | |
100 effective on the date Initial Developer first distributes | |
101 Original Code under the terms of this License. | |
102 | |
103 (d) Notwithstanding Section 2.1(b) above, no patent license is | |
104 granted: 1) for code that You delete from the Original Code; 2) | |
105 separate from the Original Code; or 3) for infringements caused | |
106 by: i) the modification of the Original Code or ii) the | |
107 combination of the Original Code with other software or devices. | |
108 | |
109 2.2. Contributor Grant. | |
110 Subject to third party intellectual property claims, each Contributor | |
111 hereby grants You a world-wide, royalty-free, non-exclusive license | |
112 | |
113 (a) under intellectual property rights (other than patent or | |
114 trademark) Licensable by Contributor, to use, reproduce, modify, | |
115 display, perform, sublicense and distribute the Modifications | |
116 created by such Contributor (or portions thereof) either on an | |
117 unmodified basis, with other Modifications, as Covered Code | |
118 and/or as part of a Larger Work; and | |
119 | |
120 (b) under Patent Claims infringed by the making, using, or | |
121 selling of Modifications made by that Contributor either alone | |
122 and/or in combination with its Contributor Version (or portions | |
123 of such combination), to make, use, sell, offer for sale, have | |
124 made, and/or otherwise dispose of: 1) Modifications made by that | |
125 Contributor (or portions thereof); and 2) the combination of | |
126 Modifications made by that Contributor with its Contributor | |
127 Version (or portions of such combination). | |
128 | |
129 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are | |
130 effective on the date Contributor first makes Commercial Use of | |
131 the Covered Code. | |
132 | |
133 (d) Notwithstanding Section 2.2(b) above, no patent license is | |
134 granted: 1) for any code that Contributor has deleted from the | |
135 Contributor Version; 2) separate from the Contributor Version; | |
136 3) for infringements caused by: i) third party modifications of | |
137 Contributor Version or ii) the combination of Modifications made | |
138 by that Contributor with other software (except as part of the | |
139 Contributor Version) or other devices; or 4) under Patent Claims | |
140 infringed by Covered Code in the absence of Modifications made by | |
141 that Contributor. | |
142 | |
143 3. Distribution Obligations. | |
144 | |
145 3.1. Application of License. | |
146 The Modifications which You create or to which You contribute are | |
147 governed by the terms of this License, including without limitation | |
148 Section 2.2. The Source Code version of Covered Code may be | |
149 distributed only under the terms of this License or a future version | |
150 of this License released under Section 6.1, and You must include a | |
151 copy of this License with every copy of the Source Code You | |
152 distribute. You may not offer or impose any terms on any Source Code | |
153 version that alters or restricts the applicable version of this | |
154 License or the recipients' rights hereunder. However, You may include | |
155 an additional document offering the additional rights described in | |
156 Section 3.5. | |
157 | |
158 3.2. Availability of Source Code. | |
159 Any Modification which You create or to which You contribute must be | |
160 made available in Source Code form under the terms of this License | |
161 either on the same media as an Executable version or via an accepted | |
162 Electronic Distribution Mechanism to anyone to whom you made an | |
163 Executable version available; and if made available via Electronic | |
164 Distribution Mechanism, must remain available for at least twelve (12) | |
165 months after the date it initially became available, or at least six | |
166 (6) months after a subsequent version of that particular Modification | |
167 has been made available to such recipients. You are responsible for | |
168 ensuring that the Source Code version remains available even if the | |
169 Electronic Distribution Mechanism is maintained by a third party. | |
170 | |
171 3.3. Description of Modifications. | |
172 You must cause all Covered Code to which You contribute to contain a | |
173 file documenting the changes You made to create that Covered Code and | |
174 the date of any change. You must include a prominent statement that | |
175 the Modification is derived, directly or indirectly, from Original | |
176 Code provided by the Initial Developer and including the name of the | |
177 Initial Developer in (a) the Source Code, and (b) in any notice in an | |
178 Executable version or related documentation in which You describe the | |
179 origin or ownership of the Covered Code. | |
180 | |
181 3.4. Intellectual Property Matters | |
182 (a) Third Party Claims. | |
183 If Contributor has knowledge that a license under a third party's | |
184 intellectual property rights is required to exercise the rights | |
185 granted by such Contributor under Sections 2.1 or 2.2, | |
186 Contributor must include a text file with the Source Code | |
187 distribution titled "LEGAL" which describes the claim and the | |
188 party making the claim in sufficient detail that a recipient will | |
189 know whom to contact. If Contributor obtains such knowledge after | |
190 the Modification is made available as described in Section 3.2, | |
191 Contributor shall promptly modify the LEGAL file in all copies | |
192 Contributor makes available thereafter and shall take other steps | |
193 (such as notifying appropriate mailing lists or newsgroups) | |
194 reasonably calculated to inform those who received the Covered | |
195 Code that new knowledge has been obtained. | |
196 | |
197 (b) Contributor APIs. | |
198 If Contributor's Modifications include an application programming | |
199 interface and Contributor has knowledge of patent licenses which | |
200 are reasonably necessary to implement that API, Contributor must | |
201 also include this information in the LEGAL file. | |
202 | |
203 (c) Representations. | |
204 Contributor represents that, except as disclosed pursuant to | |
205 Section 3.4(a) above, Contributor believes that Contributor's | |
206 Modifications are Contributor's original creation(s) and/or | |
207 Contributor has sufficient rights to grant the rights conveyed by | |
208 this License. | |
209 | |
210 3.5. Required Notices. | |
211 You must duplicate the notice in Exhibit A in each file of the Source | |
212 Code. If it is not possible to put such notice in a particular Source | |
213 Code file due to its structure, then You must include such notice in a | |
214 location (such as a relevant directory) where a user would be likely | |
215 to look for such a notice. If You created one or more Modification(s) | |
216 You may add your name as a Contributor to the notice described in | |
217 Exhibit A. You must also duplicate this License in any documentation | |
218 for the Source Code where You describe recipients' rights or ownership | |
219 rights relating to Covered Code. You may choose to offer, and to | |
220 charge a fee for, warranty, support, indemnity or liability | |
221 obligations to one or more recipients of Covered Code. However, You | |
222 may do so only on Your own behalf, and not on behalf of the Initial | |
223 Developer or any Contributor. You must make it absolutely clear than | |
224 any such warranty, support, indemnity or liability obligation is | |
225 offered by You alone, and You hereby agree to indemnify the Initial | |
226 Developer and every Contributor for any liability incurred by the | |
227 Initial Developer or such Contributor as a result of warranty, | |
228 support, indemnity or liability terms You offer. | |
229 | |
230 3.6. Distribution of Executable Versions. | |
231 You may distribute Covered Code in Executable form only if the | |
232 requirements of Section 3.1-3.5 have been met for that Covered Code, | |
233 and if You include a notice stating that the Source Code version of | |
234 the Covered Code is available under the terms of this License, | |
235 including a description of how and where You have fulfilled the | |
236 obligations of Section 3.2. The notice must be conspicuously included | |
237 in any notice in an Executable version, related documentation or | |
238 collateral in which You describe recipients' rights relating to the | |
239 Covered Code. You may distribute the Executable version of Covered | |
240 Code or ownership rights under a license of Your choice, which may | |
241 contain terms different from this License, provided that You are in | |
242 compliance with the terms of this License and that the license for the | |
243 Executable version does not attempt to limit or alter the recipient's | |
244 rights in the Source Code version from the rights set forth in this | |
245 License. If You distribute the Executable version under a different | |
246 license You must make it absolutely clear that any terms which differ | |
247 from this License are offered by You alone, not by the Initial | |
248 Developer or any Contributor. You hereby agree to indemnify the | |
249 Initial Developer and every Contributor for any liability incurred by | |
250 the Initial Developer or such Contributor as a result of any such | |
251 terms You offer. | |
252 | |
253 3.7. Larger Works. | |
254 You may create a Larger Work by combining Covered Code with other code | |
255 not governed by the terms of this License and distribute the Larger | |
256 Work as a single product. In such a case, You must make sure the | |
257 requirements of this License are fulfilled for the Covered Code. | |
258 | |
259 4. Inability to Comply Due to Statute or Regulation. | |
260 | |
261 If it is impossible for You to comply with any of the terms of this | |
262 License with respect to some or all of the Covered Code due to | |
263 statute, judicial order, or regulation then You must: (a) comply with | |
264 the terms of this License to the maximum extent possible; and (b) | |
265 describe the limitations and the code they affect. Such description | |
266 must be included in the LEGAL file described in Section 3.4 and must | |
267 be included with all distributions of the Source Code. Except to the | |
268 extent prohibited by statute or regulation, such description must be | |
269 sufficiently detailed for a recipient of ordinary skill to be able to | |
270 understand it. | |
271 | |
272 5. Application of this License. | |
273 | |
274 This License applies to code to which the Initial Developer has | |
275 attached the notice in Exhibit A and to related Covered Code. | |
276 | |
277 6. Versions of the License. | |
278 | |
279 6.1. New Versions. | |
280 Netscape Communications Corporation ("Netscape") may publish revised | |
281 and/or new versions of the License from time to time. Each version | |
282 will be given a distinguishing version number. | |
283 | |
284 6.2. Effect of New Versions. | |
285 Once Covered Code has been published under a particular version of the | |
286 License, You may always continue to use it under the terms of that | |
287 version. You may also choose to use such Covered Code under the terms | |
288 of any subsequent version of the License published by Netscape. No one | |
289 other than Netscape has the right to modify the terms applicable to | |
290 Covered Code created under this License. | |
291 | |
292 6.3. Derivative Works. | |
293 If You create or use a modified version of this License (which you may | |
294 only do in order to apply it to code which is not already Covered Code | |
295 governed by this License), You must (a) rename Your license so that | |
296 the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", | |
297 "MPL", "NPL" or any confusingly similar phrase do not appear in your | |
298 license (except to note that your license differs from this License) | |
299 and (b) otherwise make it clear that Your version of the license | |
300 contains terms which differ from the Mozilla Public License and | |
301 Netscape Public License. (Filling in the name of the Initial | |
302 Developer, Original Code or Contributor in the notice described in | |
303 Exhibit A shall not of themselves be deemed to be modifications of | |
304 this License.) | |
305 | |
306 7. DISCLAIMER OF WARRANTY. | |
307 | |
308 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, | |
309 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, | |
310 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF | |
311 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. | |
312 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE | |
313 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, | |
314 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE | |
315 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER | |
316 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF | |
317 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | |
318 | |
319 8. TERMINATION. | |
320 | |
321 8.1. This License and the rights granted hereunder will terminate | |
322 automatically if You fail to comply with terms herein and fail to cure | |
323 such breach within 30 days of becoming aware of the breach. All | |
324 sublicenses to the Covered Code which are properly granted shall | |
325 survive any termination of this License. Provisions which, by their | |
326 nature, must remain in effect beyond the termination of this License | |
327 shall survive. | |
328 | |
329 8.2. If You initiate litigation by asserting a patent infringement | |
330 claim (excluding declatory judgment actions) against Initial Developer | |
331 or a Contributor (the Initial Developer or Contributor against whom | |
332 You file such action is referred to as "Participant") alleging that: | |
333 | |
334 (a) such Participant's Contributor Version directly or indirectly | |
335 infringes any patent, then any and all rights granted by such | |
336 Participant to You under Sections 2.1 and/or 2.2 of this License | |
337 shall, upon 60 days notice from Participant terminate prospectively, | |
338 unless if within 60 days after receipt of notice You either: (i) | |
339 agree in writing to pay Participant a mutually agreeable reasonable | |
340 royalty for Your past and future use of Modifications made by such | |
341 Participant, or (ii) withdraw Your litigation claim with respect to | |
342 the Contributor Version against such Participant. If within 60 days | |
343 of notice, a reasonable royalty and payment arrangement are not | |
344 mutually agreed upon in writing by the parties or the litigation claim | |
345 is not withdrawn, the rights granted by Participant to You under | |
346 Sections 2.1 and/or 2.2 automatically terminate at the expiration of | |
347 the 60 day notice period specified above. | |
348 | |
349 (b) any software, hardware, or device, other than such Participant's | |
350 Contributor Version, directly or indirectly infringes any patent, then | |
351 any rights granted to You by such Participant under Sections 2.1(b) | |
352 and 2.2(b) are revoked effective as of the date You first made, used, | |
353 sold, distributed, or had made, Modifications made by that | |
354 Participant. | |
355 | |
356 8.3. If You assert a patent infringement claim against Participant | |
357 alleging that such Participant's Contributor Version directly or | |
358 indirectly infringes any patent where such claim is resolved (such as | |
359 by license or settlement) prior to the initiation of patent | |
360 infringement litigation, then the reasonable value of the licenses | |
361 granted by such Participant under Sections 2.1 or 2.2 shall be taken | |
362 into account in determining the amount or value of any payment or | |
363 license. | |
364 | |
365 8.4. In the event of termination under Sections 8.1 or 8.2 above, | |
366 all end user license agreements (excluding distributors and resellers) | |
367 which have been validly granted by You or any distributor hereunder | |
368 prior to termination shall survive termination. | |
369 | |
370 9. LIMITATION OF LIABILITY. | |
371 | |
372 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT | |
373 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL | |
374 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, | |
375 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR | |
376 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY | |
377 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, | |
378 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER | |
379 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN | |
380 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF | |
381 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY | |
382 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW | |
383 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE | |
384 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO | |
385 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. | |
386 | |
387 10. U.S. GOVERNMENT END USERS. | |
388 | |
389 The Covered Code is a "commercial item," as that term is defined in | |
390 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer | |
391 software" and "commercial computer software documentation," as such | |
392 terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 | |
393 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), | |
394 all U.S. Government End Users acquire Covered Code with only those | |
395 rights set forth herein. | |
396 | |
397 11. MISCELLANEOUS. | |
398 | |
399 This License represents the complete agreement concerning subject | |
400 matter hereof. If any provision of this License is held to be | |
401 unenforceable, such provision shall be reformed only to the extent | |
402 necessary to make it enforceable. This License shall be governed by | |
403 California law provisions (except to the extent applicable law, if | |
404 any, provides otherwise), excluding its conflict-of-law provisions. | |
405 With respect to disputes in which at least one party is a citizen of, | |
406 or an entity chartered or registered to do business in the United | |
407 States of America, any litigation relating to this License shall be | |
408 subject to the jurisdiction of the Federal Courts of the Northern | |
409 District of California, with venue lying in Santa Clara County, | |
410 California, with the losing party responsible for costs, including | |
411 without limitation, court costs and reasonable attorneys' fees and | |
412 expenses. The application of the United Nations Convention on | |
413 Contracts for the International Sale of Goods is expressly excluded. | |
414 Any law or regulation which provides that the language of a contract | |
415 shall be construed against the drafter shall not apply to this | |
416 License. | |
417 | |
418 12. RESPONSIBILITY FOR CLAIMS. | |
419 | |
420 As between Initial Developer and the Contributors, each party is | |
421 responsible for claims and damages arising, directly or indirectly, | |
422 out of its utilization of rights under this License and You agree to | |
423 work with Initial Developer and Contributors to distribute such | |
424 responsibility on an equitable basis. Nothing herein is intended or | |
425 shall be deemed to constitute any admission of liability. | |
426 | |
427 13. MULTIPLE-LICENSED CODE. | |
428 | |
429 Initial Developer may designate portions of the Covered Code as | |
430 "Multiple-Licensed". "Multiple-Licensed" means that the Initial | |
431 Developer permits you to utilize portions of the Covered Code under | |
432 Your choice of the NPL or the alternative licenses, if any, specified | |
433 by the Initial Developer in the file described in Exhibit A. | |
434 | |
435 EXHIBIT A -Mozilla Public License. | |
436 | |
437 ``The contents of this file are subject to the Mozilla Public License | |
438 Version 1.1 (the "License"); you may not use this file except in | |
439 compliance with the License. You may obtain a copy of the License at | |
440 http://www.mozilla.org/MPL/ | |
441 | |
442 Software distributed under the License is distributed on an "AS IS" | |
443 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the | |
444 License for the specific language governing rights and limitations | |
445 under the License. | |
446 | |
447 The Original Code is ______________________________________. | |
448 | |
449 The Initial Developer of the Original Code is ________________________. | |
450 Portions created by ______________________ are Copyright (C) ______ | |
451 _______________________. All Rights Reserved. | |
452 | |
453 Contributor(s): ______________________________________. | |
454 | |
455 Alternatively, the contents of this file may be used under the terms | |
456 of the _____ license (the "[___] License"), in which case the | |
457 provisions of [______] License are applicable instead of those | |
458 above. If you wish to allow use of your version of this file only | |
459 under the terms of the [____] License and not to allow others to use | |
460 your version of this file under the MPL, indicate your decision by | |
461 deleting the provisions above and replace them with the notice and | |
462 other provisions required by the [___] License. If you do not delete | |
463 the provisions above, a recipient may use your version of this file | |
464 under either the MPL or the [___] License." | |
465 | |
466 [NOTE: The text of this Exhibit A may differ slightly from the text of | |
467 the notices in the Source Code files of the Original Code. You should | |
468 use the text of this Exhibit A rather than the text found in the | |
469 Original Code Source Code for Your Modifications.] | |
470 | |
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