| |
| MOZILLA PUBLIC LICENSE |
| Version 1.0 |
| |
| ---------------- |
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| 1. Definitions. |
| |
| 1.1. ``Contributor'' means each entity that creates or contributes to |
| the creation of Modifications. |
| |
| 1.2. ``Contributor Version'' means the combination of the Original |
| Code, prior Modifications used by a Contributor, and the Modifications |
| made by that particular Contributor. |
| |
| 1.3. ``Covered Code'' means the Original Code or Modifications or the |
| combination of the Original Code and Modifications, in each case |
| including portions thereof. |
| |
| 1.4. ``Electronic Distribution Mechanism'' means a mechanism generally |
| accepted in the software development community for the electronic |
| transfer of data. |
| |
| 1.5. ``Executable'' means Covered Code in any form other than Source |
| Code. |
| |
| 1.6. ``Initial Developer'' means the individual or entity identified as |
| the Initial Developer in the Source Code notice required by Exhibit A. |
| |
| 1.7. ``Larger Work'' means a work which combines Covered Code or |
| portions thereof with code not governed by the terms of this License. |
| |
| 1.8. ``License'' means this document. |
| |
| 1.9. ``Modifications'' means any addition to or deletion from the |
| substance or structure of either the Original Code or any previous |
| Modifications. When Covered Code is released as a series of files, a |
| Modification is: |
| |
| A. Any addition to or deletion from the contents of a file |
| containing Original Code or previous Modifications. |
| |
| B. Any new file that contains any part of the Original Code or |
| previous Modifications. |
| |
| 1.10. ``Original Code'' means Source Code of computer software code |
| which is described in the Source Code notice required by Exhibit A as |
| Original Code, and which, at the time of its release under this License |
| is not already Covered Code governed by this License. |
| |
| 1.11. ``Source Code'' means the preferred form of the Covered Code for |
| making modifications to it, including all modules it contains, plus any |
| associated interface definition files, scripts used to control |
| compilation and installation of an Executable, or a list of source code |
| differential comparisons against either the Original Code or another |
| well known, available Covered Code of the Contributor's choice. The |
| Source Code can be in a compressed or archival form, provided the |
| appropriate decompression or de-archiving software is widely available |
| for no charge. |
| |
| 1.12. ``You'' means an individual or a legal entity exercising rights |
| under, and complying with all of the terms of, this License or a future |
| version of this License issued under Section 6.1. For legal entities, |
| ``You'' includes any entity which controls, is controlled by, or is |
| under common control with You. For purposes of this definition, |
| ``control'' means (a) the power, direct or indirect, to cause the |
| direction or management of such entity, whether by contract or |
| otherwise, or (b) ownership of fifty percent (50%) or more of the |
| outstanding shares or beneficial ownership of such entity. |
| |
| 2. Source Code License. |
| |
| 2.1. The Initial Developer Grant. |
| The Initial Developer hereby grants You a world-wide, royalty-free, |
| non-exclusive license, subject to third party intellectual property |
| claims: |
| |
| (a) to use, reproduce, modify, display, perform, sublicense and |
| distribute the Original Code (or portions thereof) with or without |
| Modifications, or as part of a Larger Work; and |
| |
| (b) under patents now or hereafter owned or controlled by Initial |
| Developer, to make, have made, use and sell (``Utilize'') the |
| Original Code (or portions thereof), but solely to the extent that |
| any such patent is reasonably necessary to enable You to Utilize |
| the Original Code (or portions thereof) and not to any greater |
| extent that may be necessary to Utilize further Modifications or |
| combinations. |
| |
| 2.2. Contributor Grant. |
| Each Contributor hereby grants You a world-wide, royalty-free, |
| non-exclusive license, subject to third party intellectual property |
| claims: |
| |
| (a) 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 or as part of a Larger Work; and |
| |
| (b) under patents now or hereafter owned or controlled by |
| Contributor, to Utilize the Contributor Version (or portions |
| thereof), but solely to the extent that any such patent is |
| reasonably necessary to enable You to Utilize the Contributor |
| Version (or portions thereof), and not to any greater extent that |
| may be necessary to Utilize further Modifications or combinations. |
| |
| 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 You have knowledge that a party claims an intellectual property |
| right in particular functionality or code (or its utilization |
| under this License), you 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 you obtain such knowledge after You |
| make Your Modification available as described in Section 3.2, You |
| shall promptly modify the LEGAL file in all copies You make |
| 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 Your Modification is an application programming interface and |
| You own or control patents which are reasonably necessary to |
| implement that API, you must also include this information in the |
| LEGAL file. |
| |
| 3.5. Required Notices. |
| You must duplicate the notice in Exhibit A in each file of the Source |
| Code, and this License in any documentation for the Source Code, where |
| You describe recipients' rights relating to Covered Code. If You |
| created one or more Modification(s), You may add your name as a |
| Contributor to the notice described in Exhibit A. 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 file) where a user would be likely to look for such |
| a notice. 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. |
| |
| 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 the |
| 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 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 |
| 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 revised |
| and/or new versions of the License from time to time. Each version will |
| be given a distinguishing version number. |
| |
| 6.2. Effect of New Versions. |
| Once Covered Code has been published under a particular version of the |
| License, You may always continue to use it under the terms of that |
| version. You may also choose to use such Covered Code under the terms |
| of any subsequent version of the License published by Netscape. No one |
| other than Netscape has the right to modify the terms applicable to |
| Covered Code created under this License. |
| |
| 6.3. Derivative Works. |
| If you create or use a modified version of this License (which you may |
| only do in order to apply it to code which is not already Covered Code |
| governed by this License), you must (a) rename Your license so that the |
| phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or |
| any confusingly similar phrase do not appear anywhere in your license |
| and (b) otherwise make it clear that your version of the license |
| contains terms which differ from the Mozilla Public License and |
| Netscape Public License. (Filling in the name of the Initial Developer, |
| Original Code or Contributor in the notice described in Exhibit A shall |
| not of themselves be deemed to be modifications of this License.) |
| |
| 7. DISCLAIMER OF WARRANTY. |
| |
| COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, |
| WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
| WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF |
| DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
| THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE |
| IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, |
| YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE |
| COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
| OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF |
| ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| |
| 8. TERMINATION. |
| |
| This License and the rights granted hereunder will terminate |
| automatically if You fail to comply with terms herein and fail to cure |
| such breach within 30 days of becoming aware of the breach. All |
| sublicenses to the Covered Code which are properly granted shall |
| survive any termination of this License. Provisions which, by their |
| nature, must remain in effect beyond the termination of this License |
| shall survive. |
| |
| 9. LIMITATION OF LIABILITY. |
| |
| UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
| (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL |
| DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, |
| OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER |
| PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES |
| OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF |
| GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND |
| ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE |
| BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
| LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY |
| RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW |
| PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
| EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT |
| EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| |
| 10. U.S. GOVERNMENT END USERS. |
| |
| The Covered Code is a ``commercial item,'' as that term is defined in |
| 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer |
| software'' and ``commercial computer software documentation,'' as such |
| terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 |
| C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), |
| all U.S. Government End Users acquire Covered Code with only those |
| rights set forth herein. |
| |
| 11. MISCELLANEOUS. |
| |
| This License represents the complete agreement concerning subject |
| matter hereof. If any provision of this License is held to be |
| unenforceable, such provision shall be reformed only to the extent |
| necessary to make it enforceable. This License shall be governed by |
| California law provisions (except to the extent applicable law, if any, |
| provides otherwise), excluding its conflict-of-law provisions. With |
| respect to disputes in which at least one party is a citizen of, or an |
| entity chartered or registered to do business in, the United States of |
| America: (a) unless otherwise agreed in writing, all disputes relating |
| to this License (excepting any dispute relating to intellectual |
| property rights) shall be subject to final and binding arbitration, |
| with the losing party paying all costs of arbitration; (b) any |
| arbitration relating to this Agreement shall be held in Santa Clara |
| County, California, under the auspices of JAMS/EndDispute; and (c) any |
| litigation relating to this Agreement shall be subject to the |
| jurisdiction of the Federal Courts of the Northern District of |
| California, with venue lying in Santa Clara County, California, with |
| the losing party responsible for costs, including without limitation, |
| court costs and reasonable attorneys fees and expenses. The application |
| of the United Nations Convention on Contracts for the International |
| Sale of Goods is expressly excluded. Any law or regulation which |
| provides that the language of a contract shall be construed against the |
| drafter shall not apply to this License. |
| |
| 12. RESPONSIBILITY FOR CLAIMS. |
| |
| Except in cases where another Contributor has failed to comply with |
| Section 3.4, You are responsible for damages arising, directly or |
| indirectly, out of Your utilization of rights under this License, based |
| on the number of copies of Covered Code you made available, the |
| revenues you received from utilizing such rights, and other relevant |
| factors. You agree to work with affected parties to distribute |
| responsibility on an equitable basis. |
| |
| EXHIBIT A. |
| |
| ``The contents of this file are subject to the Mozilla Public License |
| Version 1.0 (the "License"); you may not use this file except in |
| compliance with the License. You may obtain a copy of the License at |
| http://www.mozilla.org/MPL/ |
| |
| Software distributed under the License is distributed on an "AS IS" |
| basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
| License for the specific language governing rights and limitations |
| under the License. |
| |
| The Original Code is ______________________________________. |
| |
| The Initial Developer of the Original Code is ________________________. |
| Portions created by ______________________ are Copyright (C) ______ |
| _______________________. All Rights Reserved. |
| |
| Contributor(s): ______________________________________.'' |
| |
