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0001 MOZILLA PUBLIC LICENSE
0002 Version 1.1
0003
0004 ---------------
0005
0006 1. Definitions.
0007
0008 1.0.1. "Commercial Use" means distribution or otherwise making the
0009 Covered Code available to a third party.
0010
0011 1.1. "Contributor" means each entity that creates or contributes to
0012 the creation of Modifications.
0013
0014 1.2. "Contributor Version" means the combination of the Original
0015 Code, prior Modifications used by a Contributor, and the Modifications
0016 made by that particular Contributor.
0017
0018 1.3. "Covered Code" means the Original Code or Modifications or the
0019 combination of the Original Code and Modifications, in each case
0020 including portions thereof.
0021
0022 1.4. "Electronic Distribution Mechanism" means a mechanism generally
0023 accepted in the software development community for the electronic
0024 transfer of data.
0025
0026 1.5. "Executable" means Covered Code in any form other than Source
0027 Code.
0028
0029 1.6. "Initial Developer" means the individual or entity identified
0030 as the Initial Developer in the Source Code notice required by Exhibit
0031 A.
0032
0033 1.7. "Larger Work" means a work which combines Covered Code or
0034 portions thereof with code not governed by the terms of this License.
0035
0036 1.8. "License" means this document.
0037
0038 1.8.1. "Licensable" means having the right to grant, to the maximum
0039 extent possible, whether at the time of the initial grant or
0040 subsequently acquired, any and all of the rights conveyed herein.
0041
0042 1.9. "Modifications" means any addition to or deletion from the
0043 substance or structure of either the Original Code or any previous
0044 Modifications. When Covered Code is released as a series of files, a
0045 Modification is:
0046 A. Any addition to or deletion from the contents of a file
0047 containing Original Code or previous Modifications.
0048
0049 B. Any new file that contains any part of the Original Code or
0050 previous Modifications.
0051
0052 1.10. "Original Code" means Source Code of computer software code
0053 which is described in the Source Code notice required by Exhibit A as
0054 Original Code, and which, at the time of its release under this
0055 License is not already Covered Code governed by this License.
0056
0057 1.10.1. "Patent Claims" means any patent claim(s), now owned or
0058 hereafter acquired, including without limitation, method, process,
0059 and apparatus claims, in any patent Licensable by grantor.
0060
0061 1.11. "Source Code" means the preferred form of the Covered Code for
0062 making modifications to it, including all modules it contains, plus
0063 any associated interface definition files, scripts used to control
0064 compilation and installation of an Executable, or source code
0065 differential comparisons against either the Original Code or another
0066 well known, available Covered Code of the Contributor's choice. The
0067 Source Code can be in a compressed or archival form, provided the
0068 appropriate decompression or de-archiving software is widely available
0069 for no charge.
0070
0071 1.12. "You" (or "Your") means an individual or a legal entity
0072 exercising rights under, and complying with all of the terms of, this
0073 License or a future version of this License issued under Section 6.1.
0074 For legal entities, "You" includes any entity which controls, is
0075 controlled by, or is under common control with You. For purposes of
0076 this definition, "control" means (a) the power, direct or indirect,
0077 to cause the direction or management of such entity, whether by
0078 contract or otherwise, or (b) ownership of more than fifty percent
0079 (50%) of the outstanding shares or beneficial ownership of such
0080 entity.
0081
0082 2. Source Code License.
0083
0084 2.1. The Initial Developer Grant.
0085 The Initial Developer hereby grants You a world-wide, royalty-free,
0086 non-exclusive license, subject to third party intellectual property
0087 claims:
0088 (a) under intellectual property rights (other than patent or
0089 trademark) Licensable by Initial Developer to use, reproduce,
0090 modify, display, perform, sublicense and distribute the Original
0091 Code (or portions thereof) with or without Modifications, and/or
0092 as part of a Larger Work; and
0093
0094 (b) under Patents Claims infringed by the making, using or
0095 selling of Original Code, to make, have made, use, practice,
0096 sell, and offer for sale, and/or otherwise dispose of the
0097 Original Code (or portions thereof).
0098
0099 (c) the licenses granted in this Section 2.1(a) and (b) are
0100 effective on the date Initial Developer first distributes
0101 Original Code under the terms of this License.
0102
0103 (d) Notwithstanding Section 2.1(b) above, no patent license is
0104 granted: 1) for code that You delete from the Original Code; 2)
0105 separate from the Original Code; or 3) for infringements caused
0106 by: i) the modification of the Original Code or ii) the
0107 combination of the Original Code with other software or devices.
0108
0109 2.2. Contributor Grant.
0110 Subject to third party intellectual property claims, each Contributor
0111 hereby grants You a world-wide, royalty-free, non-exclusive license
0112
0113 (a) under intellectual property rights (other than patent or
0114 trademark) Licensable by Contributor, to use, reproduce, modify,
0115 display, perform, sublicense and distribute the Modifications
0116 created by such Contributor (or portions thereof) either on an
0117 unmodified basis, with other Modifications, as Covered Code
0118 and/or as part of a Larger Work; and
0119
0120 (b) under Patent Claims infringed by the making, using, or
0121 selling of Modifications made by that Contributor either alone
0122 and/or in combination with its Contributor Version (or portions
0123 of such combination), to make, use, sell, offer for sale, have
0124 made, and/or otherwise dispose of: 1) Modifications made by that
0125 Contributor (or portions thereof); and 2) the combination of
0126 Modifications made by that Contributor with its Contributor
0127 Version (or portions of such combination).
0128
0129 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
0130 effective on the date Contributor first makes Commercial Use of
0131 the Covered Code.
0132
0133 (d) Notwithstanding Section 2.2(b) above, no patent license is
0134 granted: 1) for any code that Contributor has deleted from the
0135 Contributor Version; 2) separate from the Contributor Version;
0136 3) for infringements caused by: i) third party modifications of
0137 Contributor Version or ii) the combination of Modifications made
0138 by that Contributor with other software (except as part of the
0139 Contributor Version) or other devices; or 4) under Patent Claims
0140 infringed by Covered Code in the absence of Modifications made by
0141 that Contributor.
0142
0143 3. Distribution Obligations.
0144
0145 3.1. Application of License.
0146 The Modifications which You create or to which You contribute are
0147 governed by the terms of this License, including without limitation
0148 Section 2.2. The Source Code version of Covered Code may be
0149 distributed only under the terms of this License or a future version
0150 of this License released under Section 6.1, and You must include a
0151 copy of this License with every copy of the Source Code You
0152 distribute. You may not offer or impose any terms on any Source Code
0153 version that alters or restricts the applicable version of this
0154 License or the recipients' rights hereunder. However, You may include
0155 an additional document offering the additional rights described in
0156 Section 3.5.
0157
0158 3.2. Availability of Source Code.
0159 Any Modification which You create or to which You contribute must be
0160 made available in Source Code form under the terms of this License
0161 either on the same media as an Executable version or via an accepted
0162 Electronic Distribution Mechanism to anyone to whom you made an
0163 Executable version available; and if made available via Electronic
0164 Distribution Mechanism, must remain available for at least twelve (12)
0165 months after the date it initially became available, or at least six
0166 (6) months after a subsequent version of that particular Modification
0167 has been made available to such recipients. You are responsible for
0168 ensuring that the Source Code version remains available even if the
0169 Electronic Distribution Mechanism is maintained by a third party.
0170
0171 3.3. Description of Modifications.
0172 You must cause all Covered Code to which You contribute to contain a
0173 file documenting the changes You made to create that Covered Code and
0174 the date of any change. You must include a prominent statement that
0175 the Modification is derived, directly or indirectly, from Original
0176 Code provided by the Initial Developer and including the name of the
0177 Initial Developer in (a) the Source Code, and (b) in any notice in an
0178 Executable version or related documentation in which You describe the
0179 origin or ownership of the Covered Code.
0180
0181 3.4. Intellectual Property Matters
0182 (a) Third Party Claims.
0183 If Contributor has knowledge that a license under a third party's
0184 intellectual property rights is required to exercise the rights
0185 granted by such Contributor under Sections 2.1 or 2.2,
0186 Contributor must include a text file with the Source Code
0187 distribution titled "LEGAL" which describes the claim and the
0188 party making the claim in sufficient detail that a recipient will
0189 know whom to contact. If Contributor obtains such knowledge after
0190 the Modification is made available as described in Section 3.2,
0191 Contributor shall promptly modify the LEGAL file in all copies
0192 Contributor makes available thereafter and shall take other steps
0193 (such as notifying appropriate mailing lists or newsgroups)
0194 reasonably calculated to inform those who received the Covered
0195 Code that new knowledge has been obtained.
0196
0197 (b) Contributor APIs.
0198 If Contributor's Modifications include an application programming
0199 interface and Contributor has knowledge of patent licenses which
0200 are reasonably necessary to implement that API, Contributor must
0201 also include this information in the LEGAL file.
0202
0203 (c) Representations.
0204 Contributor represents that, except as disclosed pursuant to
0205 Section 3.4(a) above, Contributor believes that Contributor's
0206 Modifications are Contributor's original creation(s) and/or
0207 Contributor has sufficient rights to grant the rights conveyed by
0208 this License.
0209
0210 3.5. Required Notices.
0211 You must duplicate the notice in Exhibit A in each file of the Source
0212 Code. If it is not possible to put such notice in a particular Source
0213 Code file due to its structure, then You must include such notice in a
0214 location (such as a relevant directory) where a user would be likely
0215 to look for such a notice. If You created one or more Modification(s)
0216 You may add your name as a Contributor to the notice described in
0217 Exhibit A. You must also duplicate this License in any documentation
0218 for the Source Code where You describe recipients' rights or ownership
0219 rights relating to Covered Code. You may choose to offer, and to
0220 charge a fee for, warranty, support, indemnity or liability
0221 obligations to one or more recipients of Covered Code. However, You
0222 may do so only on Your own behalf, and not on behalf of the Initial
0223 Developer or any Contributor. You must make it absolutely clear than
0224 any such warranty, support, indemnity or liability obligation is
0225 offered by You alone, and You hereby agree to indemnify the Initial
0226 Developer and every Contributor for any liability incurred by the
0227 Initial Developer or such Contributor as a result of warranty,
0228 support, indemnity or liability terms You offer.
0229
0230 3.6. Distribution of Executable Versions.
0231 You may distribute Covered Code in Executable form only if the
0232 requirements of Section 3.1-3.5 have been met for that Covered Code,
0233 and if You include a notice stating that the Source Code version of
0234 the Covered Code is available under the terms of this License,
0235 including a description of how and where You have fulfilled the
0236 obligations of Section 3.2. The notice must be conspicuously included
0237 in any notice in an Executable version, related documentation or
0238 collateral in which You describe recipients' rights relating to the
0239 Covered Code. You may distribute the Executable version of Covered
0240 Code or ownership rights under a license of Your choice, which may
0241 contain terms different from this License, provided that You are in
0242 compliance with the terms of this License and that the license for the
0243 Executable version does not attempt to limit or alter the recipient's
0244 rights in the Source Code version from the rights set forth in this
0245 License. If You distribute the Executable version under a different
0246 license You must make it absolutely clear that any terms which differ
0247 from this License are offered by You alone, not by the Initial
0248 Developer or any Contributor. You hereby agree to indemnify the
0249 Initial Developer and every Contributor for any liability incurred by
0250 the Initial Developer or such Contributor as a result of any such
0251 terms You offer.
0252
0253 3.7. Larger Works.
0254 You may create a Larger Work by combining Covered Code with other code
0255 not governed by the terms of this License and distribute the Larger
0256 Work as a single product. In such a case, You must make sure the
0257 requirements of this License are fulfilled for the Covered Code.
0258
0259 4. Inability to Comply Due to Statute or Regulation.
0260
0261 If it is impossible for You to comply with any of the terms of this
0262 License with respect to some or all of the Covered Code due to
0263 statute, judicial order, or regulation then You must: (a) comply with
0264 the terms of this License to the maximum extent possible; and (b)
0265 describe the limitations and the code they affect. Such description
0266 must be included in the LEGAL file described in Section 3.4 and must
0267 be included with all distributions of the Source Code. Except to the
0268 extent prohibited by statute or regulation, such description must be
0269 sufficiently detailed for a recipient of ordinary skill to be able to
0270 understand it.
0271
0272 5. Application of this License.
0273
0274 This License applies to code to which the Initial Developer has
0275 attached the notice in Exhibit A and to related Covered Code.
0276
0277 6. Versions of the License.
0278
0279 6.1. New Versions.
0280 Netscape Communications Corporation ("Netscape") may publish revised
0281 and/or new versions of the License from time to time. Each version
0282 will be given a distinguishing version number.
0283
0284 6.2. Effect of New Versions.
0285 Once Covered Code has been published under a particular version of the
0286 License, You may always continue to use it under the terms of that
0287 version. You may also choose to use such Covered Code under the terms
0288 of any subsequent version of the License published by Netscape. No one
0289 other than Netscape has the right to modify the terms applicable to
0290 Covered Code created under this License.
0291
0292 6.3. Derivative Works.
0293 If You create or use a modified version of this License (which you may
0294 only do in order to apply it to code which is not already Covered Code
0295 governed by this License), You must (a) rename Your license so that
0296 the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
0297 "MPL", "NPL" or any confusingly similar phrase do not appear in your
0298 license (except to note that your license differs from this License)
0299 and (b) otherwise make it clear that Your version of the license
0300 contains terms which differ from the Mozilla Public License and
0301 Netscape Public License. (Filling in the name of the Initial
0302 Developer, Original Code or Contributor in the notice described in
0303 Exhibit A shall not of themselves be deemed to be modifications of
0304 this License.)
0305
0306 7. DISCLAIMER OF WARRANTY.
0307
0308 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
0309 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
0310 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
0311 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
0312 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
0313 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
0314 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
0315 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
0316 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
0317 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
0318
0319 8. TERMINATION.
0320
0321 8.1. This License and the rights granted hereunder will terminate
0322 automatically if You fail to comply with terms herein and fail to cure
0323 such breach within 30 days of becoming aware of the breach. All
0324 sublicenses to the Covered Code which are properly granted shall
0325 survive any termination of this License. Provisions which, by their
0326 nature, must remain in effect beyond the termination of this License
0327 shall survive.
0328
0329 8.2. If You initiate litigation by asserting a patent infringement
0330 claim (excluding declatory judgment actions) against Initial Developer
0331 or a Contributor (the Initial Developer or Contributor against whom
0332 You file such action is referred to as "Participant") alleging that:
0333
0334 (a) such Participant's Contributor Version directly or indirectly
0335 infringes any patent, then any and all rights granted by such
0336 Participant to You under Sections 2.1 and/or 2.2 of this License
0337 shall, upon 60 days notice from Participant terminate prospectively,
0338 unless if within 60 days after receipt of notice You either: (i)
0339 agree in writing to pay Participant a mutually agreeable reasonable
0340 royalty for Your past and future use of Modifications made by such
0341 Participant, or (ii) withdraw Your litigation claim with respect to
0342 the Contributor Version against such Participant. If within 60 days
0343 of notice, a reasonable royalty and payment arrangement are not
0344 mutually agreed upon in writing by the parties or the litigation claim
0345 is not withdrawn, the rights granted by Participant to You under
0346 Sections 2.1 and/or 2.2 automatically terminate at the expiration of
0347 the 60 day notice period specified above.
0348
0349 (b) any software, hardware, or device, other than such Participant's
0350 Contributor Version, directly or indirectly infringes any patent, then
0351 any rights granted to You by such Participant under Sections 2.1(b)
0352 and 2.2(b) are revoked effective as of the date You first made, used,
0353 sold, distributed, or had made, Modifications made by that
0354 Participant.
0355
0356 8.3. If You assert a patent infringement claim against Participant
0357 alleging that such Participant's Contributor Version directly or
0358 indirectly infringes any patent where such claim is resolved (such as
0359 by license or settlement) prior to the initiation of patent
0360 infringement litigation, then the reasonable value of the licenses
0361 granted by such Participant under Sections 2.1 or 2.2 shall be taken
0362 into account in determining the amount or value of any payment or
0363 license.
0364
0365 8.4. In the event of termination under Sections 8.1 or 8.2 above,
0366 all end user license agreements (excluding distributors and resellers)
0367 which have been validly granted by You or any distributor hereunder
0368 prior to termination shall survive termination.
0369
0370 9. LIMITATION OF LIABILITY.
0371
0372 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
0373 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
0374 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
0375 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
0376 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
0377 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
0378 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
0379 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
0380 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
0381 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
0382 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
0383 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
0384 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
0385 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
0386
0387 10. U.S. GOVERNMENT END USERS.
0388
0389 The Covered Code is a "commercial item," as that term is defined in
0390 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
0391 software" and "commercial computer software documentation," as such
0392 terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
0393 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
0394 all U.S. Government End Users acquire Covered Code with only those
0395 rights set forth herein.
0396
0397 11. MISCELLANEOUS.
0398
0399 This License represents the complete agreement concerning subject
0400 matter hereof. If any provision of this License is held to be
0401 unenforceable, such provision shall be reformed only to the extent
0402 necessary to make it enforceable. This License shall be governed by
0403 California law provisions (except to the extent applicable law, if
0404 any, provides otherwise), excluding its conflict-of-law provisions.
0405 With respect to disputes in which at least one party is a citizen of,
0406 or an entity chartered or registered to do business in the United
0407 States of America, any litigation relating to this License shall be
0408 subject to the jurisdiction of the Federal Courts of the Northern
0409 District of California, with venue lying in Santa Clara County,
0410 California, with the losing party responsible for costs, including
0411 without limitation, court costs and reasonable attorneys' fees and
0412 expenses. The application of the United Nations Convention on
0413 Contracts for the International Sale of Goods is expressly excluded.
0414 Any law or regulation which provides that the language of a contract
0415 shall be construed against the drafter shall not apply to this
0416 License.
0417
0418 12. RESPONSIBILITY FOR CLAIMS.
0419
0420 As between Initial Developer and the Contributors, each party is
0421 responsible for claims and damages arising, directly or indirectly,
0422 out of its utilization of rights under this License and You agree to
0423 work with Initial Developer and Contributors to distribute such
0424 responsibility on an equitable basis. Nothing herein is intended or
0425 shall be deemed to constitute any admission of liability.
0426
0427 13. MULTIPLE-LICENSED CODE.
0428
0429 Initial Developer may designate portions of the Covered Code as
0430 "Multiple-Licensed". "Multiple-Licensed" means that the Initial
0431 Developer permits you to utilize portions of the Covered Code under
0432 Your choice of the NPL or the alternative licenses, if any, specified
0433 by the Initial Developer in the file described in Exhibit A.
0434
0435 EXHIBIT A -Mozilla Public License.
0436
0437 ``The contents of this file are subject to the Mozilla Public License
0438 Version 1.1 (the "License"); you may not use this file except in
0439 compliance with the License. You may obtain a copy of the License at
0440 http://www.mozilla.org/MPL/
0441
0442 Software distributed under the License is distributed on an "AS IS"
0443 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
0444 License for the specific language governing rights and limitations
0445 under the License.
0446
0447 The Original Code is ______________________________________.
0448
0449 The Initial Developer of the Original Code is ________________________.
0450 Portions created by ______________________ are Copyright (C) ______
0451 _______________________. All Rights Reserved.
0452
0453 Contributor(s): ______________________________________.
0454
0455 Alternatively, the contents of this file may be used under the terms
0456 of the _____ license (the "[___] License"), in which case the
0457 provisions of [______] License are applicable instead of those
0458 above. If you wish to allow use of your version of this file only
0459 under the terms of the [____] License and not to allow others to use
0460 your version of this file under the MPL, indicate your decision by
0461 deleting the provisions above and replace them with the notice and
0462 other provisions required by the [___] License. If you do not delete
0463 the provisions above, a recipient may use your version of this file
0464 under either the MPL or the [___] License."
0465
0466 [NOTE: The text of this Exhibit A may differ slightly from the text of
0467 the notices in the Source Code files of the Original Code. You should
0468 use the text of this Exhibit A rather than the text found in the
0469 Original Code Source Code for Your Modifications.]
0470