| 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.] |
