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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