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- MOZILLA PUBLIC LICENSE
- Version 1.1
-
- ---------------
-
-1. Definitions.
-
- 1.0.1. "Commercial Use" means distribution or otherwise making the
- Covered Code available to a third party.
-
- 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.
-
- 1.8.1. "Licensable" means having the right to grant, to the maximum
- extent possible, whether at the time of the initial grant or
- subsequently acquired, any and all of the rights conveyed herein.
-
- 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.
-
- 1.10.1. "Patent Claims" means any patent claim(s), now owned or
- hereafter acquired, including without limitation, method, process,
- and apparatus claims, in any patent Licensable by grantor.
-
- 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 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" (or "Your") 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 more than fifty percent
- (50%) 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) under intellectual property rights (other than patent or
- trademark) Licensable by Initial Developer to use, reproduce,
- modify, display, perform, sublicense and distribute the Original
- Code (or portions thereof) with or without Modifications, and/or
- as part of a Larger Work; and
-
- (b) under Patents Claims infringed by the making, using or
- selling of Original Code, to make, have made, use, practice,
- sell, and offer for sale, and/or otherwise dispose of the
- Original Code (or portions 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 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.
-
- 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 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 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",
- "MPL", "NPL" or any confusingly similar phrase do not appear in your
- license (except to note that your license differs from this 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.
-
- 8.1. 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.
-
- 8.2. If You initiate litigation by asserting a patent infringement
- claim (excluding declatory judgment actions) against Initial Developer
- or a Contributor (the Initial Developer or Contributor against whom
- You file such action is referred to as "Participant") alleging that:
-
- (a) such Participant's Contributor Version directly or indirectly
- infringes any patent, then any and all rights granted by such
- Participant to You under Sections 2.1 and/or 2.2 of this License
- shall, upon 60 days notice from Participant terminate prospectively,
- unless if within 60 days after receipt of notice You either: (i)
- agree in writing to pay Participant a mutually agreeable reasonable
- royalty for Your past and future use of Modifications made by such
- Participant, or (ii) withdraw Your litigation claim with respect to
- the Contributor Version against such Participant. If within 60 days
- of notice, a reasonable royalty and payment arrangement are not
- mutually agreed upon in writing by the parties or the litigation claim
- is not withdrawn, the rights granted by Participant to You under
- Sections 2.1 and/or 2.2 automatically terminate at the expiration of
- the 60 day notice period specified above.
-
- (b) any software, hardware, or device, other than such Participant's
- Contributor Version, directly or indirectly infringes any patent, then
- any rights granted to You by such Participant under Sections 2.1(b)
- and 2.2(b) are revoked effective as of the date You first made, used,
- sold, distributed, or had made, Modifications made by that
- Participant.
-
- 8.3. If You assert a patent infringement claim against Participant
- alleging that such Participant's Contributor Version directly or
- indirectly infringes any patent where such claim is resolved (such as
- by license or settlement) prior to the initiation of patent
- infringement litigation, then the reasonable value of the licenses
- granted by such Participant under Sections 2.1 or 2.2 shall be taken
- into account in determining the amount or value of any payment or
- license.
-
- 8.4. In the event of termination under Sections 8.1 or 8.2 above,
- all end user license agreements (excluding distributors and resellers)
- which have been validly granted by You or any distributor hereunder
- prior to termination shall survive termination.
-
-9. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
- (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
- DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
- OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 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
- THIS 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, any litigation relating to this License 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.
-
- As between Initial Developer and the Contributors, each party is
- responsible for claims and damages arising, directly or indirectly,
- out of its utilization of rights under this License and You agree to
- work with Initial Developer and Contributors to distribute such
- responsibility on an equitable basis. Nothing herein is intended or
- shall be deemed to constitute any admission of liability.
-
-13. MULTIPLE-LICENSED CODE.
-
- Initial Developer may designate portions of the Covered Code as
- "Multiple-Licensed". "Multiple-Licensed" means that the Initial
- Developer permits you to utilize portions of the Covered Code under
- Your choice of the NPL or the alternative licenses, if any, specified
- by the Initial Developer in the file described in Exhibit A.
-
-EXHIBIT A -Mozilla Public License.
-
- ``The contents of this file are subject to the Mozilla Public License
- Version 1.1 (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): ______________________________________.
-
- Alternatively, the contents of this file may be used under the terms
- of the _____ license (the "[___] License"), in which case the
- provisions of [______] License are applicable instead of those
- above. If you wish to allow use of your version of this file only
- under the terms of the [____] License and not to allow others to use
- your version of this file under the MPL, indicate your decision by
- deleting the provisions above and replace them with the notice and
- other provisions required by the [___] License. If you do not delete
- the provisions above, a recipient may use your version of this file
- under either the MPL or the [___] License."
-
- [NOTE: The text of this Exhibit A may differ slightly from the text of
- the notices in the Source Code files of the Original Code. You should
- use the text of this Exhibit A rather than the text found in the
- Original Code Source Code for Your Modifications.]
-
- ----------------------------------------------------------------------
-
- AMENDMENTS
-
- The Netscape Public License Version 1.1 ("NPL") consists of the
- Mozilla Public License Version 1.1 with the following Amendments,
- including Exhibit A-Netscape Public License. Files identified with
- "Exhibit A-Netscape Public License" are governed by the Netscape
- Public License Version 1.1.
-
- Additional Terms applicable to the Netscape Public License.
- I. Effect.
- These additional terms described in this Netscape Public
- License -- Amendments shall apply to the Mozilla Communicator
- client code and to all Covered Code under this License.
-
- II. "Netscape's Branded Code" means Covered Code that Netscape
- distributes and/or permits others to distribute under one or more
- trademark(s) which are controlled by Netscape but which are not
- licensed for use under this License.
-
- III. Netscape and logo.
- This License does not grant any rights to use the trademarks
- "Netscape", the "Netscape N and horizon" logo or the "Netscape
- lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript",
- "Smart Browsing" even if such marks are included in the Original
- Code or Modifications.
-
- IV. Inability to Comply Due to Contractual Obligation.
- Prior to licensing the Original Code under this License, Netscape
- has licensed third party code for use in Netscape's Branded Code.
- To the extent that Netscape is limited contractually from making
- such third party code available under this License, Netscape may
- choose to reintegrate such code into Covered Code without being
- required to distribute such code in Source Code form, even if
- such code would otherwise be considered "Modifications" under
- this License.
-
- V. Use of Modifications and Covered Code by Initial Developer.
- V.1. In General.
- The obligations of Section 3 apply to Netscape, except to
- the extent specified in this Amendment, Section V.2 and V.3.
-
- V.2. Other Products.
- Netscape may include Covered Code in products other than the
- Netscape's Branded Code which are released by Netscape
- during the two (2) years following the release date of the
- Original Code, without such additional products becoming
- subject to the terms of this License, and may license such
- additional products on different terms from those contained
- in this License.
-
- V.3. Alternative Licensing.
- Netscape may license the Source Code of Netscape's Branded
- Code, including Modifications incorporated therein, without
- such Netscape Branded Code becoming subject to the terms of
- this License, and may license such Netscape Branded Code on
- different terms from those contained in this License.
-
- VI. Litigation.
- Notwithstanding the limitations of Section 11 above, the
- provisions regarding litigation in Section 11(a), (b) and (c) of
- the License shall apply to all disputes relating to this License.
-
- EXHIBIT A-Netscape Public License.
-
- "The contents of this file are subject to the Netscape Public
- License Version 1.1 (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/NPL/
-
- 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 Mozilla Communicator client code, released
- March 31, 1998.
-
- The Initial Developer of the Original Code is Netscape
- Communications Corporation. Portions created by Netscape are
- Copyright (C) 1998-1999 Netscape Communications Corporation. All
- Rights Reserved.
-
- Contributor(s): ______________________________________.
-
- Alternatively, the contents of this file may be used under the
- terms of the _____ license (the "[___] License"), in which case
- the provisions of [______] License are applicable instead of
- those above. If you wish to allow use of your version of this
- file only under the terms of the [____] License and not to allow
- others to use your version of this file under the NPL, indicate
- your decision by deleting the provisions above and replace them
- with the notice and other provisions required by the [___]
- License. If you do not delete the provisions above, a recipient
- may use your version of this file under either the NPL or the
- [___] License."