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.
2.1. 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.
3.1. 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.
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.
This License applies to code to which
the Initial Developer has attached the notice in Exhibit A and to related
Covered Code.
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.)
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.
8.1. 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.
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.
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.
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.
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.
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.
``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 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.]