8
1.0.1. "Commercial Use" means distribution or otherwise making the
9
Covered Code available to a third party.
11
1.1. "Contributor" means each entity that creates or contributes to
12
the creation of Modifications.
14
1.2. "Contributor Version" means the combination of the Original
15
Code, prior Modifications used by a Contributor, and the Modifications
16
made by that particular Contributor.
18
1.3. "Covered Code" means the Original Code or Modifications or the
19
combination of the Original Code and Modifications, in each case
20
including portions thereof.
22
1.4. "Electronic Distribution Mechanism" means a mechanism generally
23
accepted in the software development community for the electronic
26
1.5. "Executable" means Covered Code in any form other than Source
29
1.6. "Initial Developer" means the individual or entity identified
30
as the Initial Developer in the Source Code notice required by Exhibit
33
1.7. "Larger Work" means a work which combines Covered Code or
34
portions thereof with code not governed by the terms of this License.
36
1.8. "License" means this document.
38
1.8.1. "Licensable" means having the right to grant, to the maximum
39
extent possible, whether at the time of the initial grant or
40
subsequently acquired, any and all of the rights conveyed herein.
42
1.9. "Modifications" means any addition to or deletion from the
43
substance or structure of either the Original Code or any previous
44
Modifications. When Covered Code is released as a series of files, a
46
A. Any addition to or deletion from the contents of a file
47
containing Original Code or previous Modifications.
49
B. Any new file that contains any part of the Original Code or
50
previous Modifications.
52
1.10. "Original Code" means Source Code of computer software code
53
which is described in the Source Code notice required by Exhibit A as
54
Original Code, and which, at the time of its release under this
55
License is not already Covered Code governed by this License.
57
1.10.1. "Patent Claims" means any patent claim(s), now owned or
58
hereafter acquired, including without limitation, method, process,
59
and apparatus claims, in any patent Licensable by grantor.
61
1.11. "Source Code" means the preferred form of the Covered Code for
62
making modifications to it, including all modules it contains, plus
63
any associated interface definition files, scripts used to control
64
compilation and installation of an Executable, or source code
65
differential comparisons against either the Original Code or another
66
well known, available Covered Code of the Contributor's choice. The
67
Source Code can be in a compressed or archival form, provided the
68
appropriate decompression or de-archiving software is widely available
71
1.12. "You" (or "Your") means an individual or a legal entity
72
exercising rights under, and complying with all of the terms of, this
73
License or a future version of this License issued under Section 6.1.
74
For legal entities, "You" includes any entity which controls, is
75
controlled by, or is under common control with You. For purposes of
76
this definition, "control" means (a) the power, direct or indirect,
77
to cause the direction or management of such entity, whether by
78
contract or otherwise, or (b) ownership of more than fifty percent
79
(50%) of the outstanding shares or beneficial ownership of such
82
2. Source Code License.
84
2.1. The Initial Developer Grant.
85
The Initial Developer hereby grants You a world-wide, royalty-free,
86
non-exclusive license, subject to third party intellectual property
88
(a) under intellectual property rights (other than patent or
89
trademark) Licensable by Initial Developer to use, reproduce,
90
modify, display, perform, sublicense and distribute the Original
91
Code (or portions thereof) with or without Modifications, and/or
92
as part of a Larger Work; and
94
(b) under Patents Claims infringed by the making, using or
95
selling of Original Code, to make, have made, use, practice,
96
sell, and offer for sale, and/or otherwise dispose of the
97
Original Code (or portions thereof).
99
(c) the licenses granted in this Section 2.1(a) and (b) are
100
effective on the date Initial Developer first distributes
101
Original Code under the terms of this License.
103
(d) Notwithstanding Section 2.1(b) above, no patent license is
104
granted: 1) for code that You delete from the Original Code; 2)
105
separate from the Original Code; or 3) for infringements caused
106
by: i) the modification of the Original Code or ii) the
107
combination of the Original Code with other software or devices.
109
2.2. Contributor Grant.
110
Subject to third party intellectual property claims, each Contributor
111
hereby grants You a world-wide, royalty-free, non-exclusive license
113
(a) under intellectual property rights (other than patent or
114
trademark) Licensable by Contributor, to use, reproduce, modify,
115
display, perform, sublicense and distribute the Modifications
116
created by such Contributor (or portions thereof) either on an
117
unmodified basis, with other Modifications, as Covered Code
118
and/or as part of a Larger Work; and
120
(b) under Patent Claims infringed by the making, using, or
121
selling of Modifications made by that Contributor either alone
122
and/or in combination with its Contributor Version (or portions
123
of such combination), to make, use, sell, offer for sale, have
124
made, and/or otherwise dispose of: 1) Modifications made by that
125
Contributor (or portions thereof); and 2) the combination of
126
Modifications made by that Contributor with its Contributor
127
Version (or portions of such combination).
129
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
130
effective on the date Contributor first makes Commercial Use of
133
(d) Notwithstanding Section 2.2(b) above, no patent license is
134
granted: 1) for any code that Contributor has deleted from the
135
Contributor Version; 2) separate from the Contributor Version;
136
3) for infringements caused by: i) third party modifications of
137
Contributor Version or ii) the combination of Modifications made
138
by that Contributor with other software (except as part of the
139
Contributor Version) or other devices; or 4) under Patent Claims
140
infringed by Covered Code in the absence of Modifications made by
143
3. Distribution Obligations.
145
3.1. Application of License.
146
The Modifications which You create or to which You contribute are
147
governed by the terms of this License, including without limitation
148
Section 2.2. The Source Code version of Covered Code may be
149
distributed only under the terms of this License or a future version
150
of this License released under Section 6.1, and You must include a
151
copy of this License with every copy of the Source Code You
152
distribute. You may not offer or impose any terms on any Source Code
153
version that alters or restricts the applicable version of this
154
License or the recipients' rights hereunder. However, You may include
155
an additional document offering the additional rights described in
158
3.2. Availability of Source Code.
159
Any Modification which You create or to which You contribute must be
160
made available in Source Code form under the terms of this License
161
either on the same media as an Executable version or via an accepted
162
Electronic Distribution Mechanism to anyone to whom you made an
163
Executable version available; and if made available via Electronic
164
Distribution Mechanism, must remain available for at least twelve (12)
165
months after the date it initially became available, or at least six
166
(6) months after a subsequent version of that particular Modification
167
has been made available to such recipients. You are responsible for
168
ensuring that the Source Code version remains available even if the
169
Electronic Distribution Mechanism is maintained by a third party.
171
3.3. Description of Modifications.
172
You must cause all Covered Code to which You contribute to contain a
173
file documenting the changes You made to create that Covered Code and
174
the date of any change. You must include a prominent statement that
175
the Modification is derived, directly or indirectly, from Original
176
Code provided by the Initial Developer and including the name of the
177
Initial Developer in (a) the Source Code, and (b) in any notice in an
178
Executable version or related documentation in which You describe the
179
origin or ownership of the Covered Code.
181
3.4. Intellectual Property Matters
182
(a) Third Party Claims.
183
If Contributor has knowledge that a license under a third party's
184
intellectual property rights is required to exercise the rights
185
granted by such Contributor under Sections 2.1 or 2.2,
186
Contributor must include a text file with the Source Code
187
distribution titled "LEGAL" which describes the claim and the
188
party making the claim in sufficient detail that a recipient will
189
know whom to contact. If Contributor obtains such knowledge after
190
the Modification is made available as described in Section 3.2,
191
Contributor shall promptly modify the LEGAL file in all copies
192
Contributor makes available thereafter and shall take other steps
193
(such as notifying appropriate mailing lists or newsgroups)
194
reasonably calculated to inform those who received the Covered
195
Code that new knowledge has been obtained.
197
(b) Contributor APIs.
198
If Contributor's Modifications include an application programming
199
interface and Contributor has knowledge of patent licenses which
200
are reasonably necessary to implement that API, Contributor must
201
also include this information in the LEGAL file.
204
Contributor represents that, except as disclosed pursuant to
205
Section 3.4(a) above, Contributor believes that Contributor's
206
Modifications are Contributor's original creation(s) and/or
207
Contributor has sufficient rights to grant the rights conveyed by
210
3.5. Required Notices.
211
You must duplicate the notice in Exhibit A in each file of the Source
212
Code. If it is not possible to put such notice in a particular Source
213
Code file due to its structure, then You must include such notice in a
214
location (such as a relevant directory) where a user would be likely
215
to look for such a notice. If You created one or more Modification(s)
216
You may add your name as a Contributor to the notice described in
217
Exhibit A. You must also duplicate this License in any documentation
218
for the Source Code where You describe recipients' rights or ownership
219
rights relating to Covered Code. You may choose to offer, and to
220
charge a fee for, warranty, support, indemnity or liability
221
obligations to one or more recipients of Covered Code. However, You
222
may do so only on Your own behalf, and not on behalf of the Initial
223
Developer or any Contributor. You must make it absolutely clear than
224
any such warranty, support, indemnity or liability obligation is
225
offered by You alone, and You hereby agree to indemnify the Initial
226
Developer and every Contributor for any liability incurred by the
227
Initial Developer or such Contributor as a result of warranty,
228
support, indemnity or liability terms You offer.
230
3.6. Distribution of Executable Versions.
231
You may distribute Covered Code in Executable form only if the
232
requirements of Section 3.1-3.5 have been met for that Covered Code,
233
and if You include a notice stating that the Source Code version of
234
the Covered Code is available under the terms of this License,
235
including a description of how and where You have fulfilled the
236
obligations of Section 3.2. The notice must be conspicuously included
237
in any notice in an Executable version, related documentation or
238
collateral in which You describe recipients' rights relating to the
239
Covered Code. You may distribute the Executable version of Covered
240
Code or ownership rights under a license of Your choice, which may
241
contain terms different from this License, provided that You are in
242
compliance with the terms of this License and that the license for the
243
Executable version does not attempt to limit or alter the recipient's
244
rights in the Source Code version from the rights set forth in this
245
License. If You distribute the Executable version under a different
246
license You must make it absolutely clear that any terms which differ
247
from this License are offered by You alone, not by the Initial
248
Developer or any Contributor. You hereby agree to indemnify the
249
Initial Developer and every Contributor for any liability incurred by
250
the Initial Developer or such Contributor as a result of any such
254
You may create a Larger Work by combining Covered Code with other code
255
not governed by the terms of this License and distribute the Larger
256
Work as a single product. In such a case, You must make sure the
257
requirements of this License are fulfilled for the Covered Code.
259
4. Inability to Comply Due to Statute or Regulation.
261
If it is impossible for You to comply with any of the terms of this
262
License with respect to some or all of the Covered Code due to
263
statute, judicial order, or regulation then You must: (a) comply with
264
the terms of this License to the maximum extent possible; and (b)
265
describe the limitations and the code they affect. Such description
266
must be included in the LEGAL file described in Section 3.4 and must
267
be included with all distributions of the Source Code. Except to the
268
extent prohibited by statute or regulation, such description must be
269
sufficiently detailed for a recipient of ordinary skill to be able to
272
5. Application of this License.
274
This License applies to code to which the Initial Developer has
275
attached the notice in Exhibit A and to related Covered Code.
277
6. Versions of the License.
280
Netscape Communications Corporation ("Netscape") may publish revised
281
and/or new versions of the License from time to time. Each version
282
will be given a distinguishing version number.
284
6.2. Effect of New Versions.
285
Once Covered Code has been published under a particular version of the
286
License, You may always continue to use it under the terms of that
287
version. You may also choose to use such Covered Code under the terms
288
of any subsequent version of the License published by Netscape. No one
289
other than Netscape has the right to modify the terms applicable to
290
Covered Code created under this License.
292
6.3. Derivative Works.
293
If You create or use a modified version of this License (which you may
294
only do in order to apply it to code which is not already Covered Code
295
governed by this License), You must (a) rename Your license so that
296
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
297
"MPL", "NPL" or any confusingly similar phrase do not appear in your
298
license (except to note that your license differs from this License)
299
and (b) otherwise make it clear that Your version of the license
300
contains terms which differ from the Mozilla Public License and
301
Netscape Public License. (Filling in the name of the Initial
302
Developer, Original Code or Contributor in the notice described in
303
Exhibit A shall not of themselves be deemed to be modifications of
306
7. DISCLAIMER OF WARRANTY.
308
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
309
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
310
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
311
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
312
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
313
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
314
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
315
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
316
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
317
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
321
8.1. This License and the rights granted hereunder will terminate
322
automatically if You fail to comply with terms herein and fail to cure
323
such breach within 30 days of becoming aware of the breach. All
324
sublicenses to the Covered Code which are properly granted shall
325
survive any termination of this License. Provisions which, by their
326
nature, must remain in effect beyond the termination of this License
329
8.2. If You initiate litigation by asserting a patent infringement
330
claim (excluding declatory judgment actions) against Initial Developer
331
or a Contributor (the Initial Developer or Contributor against whom
332
You file such action is referred to as "Participant") alleging that:
334
(a) such Participant's Contributor Version directly or indirectly
335
infringes any patent, then any and all rights granted by such
336
Participant to You under Sections 2.1 and/or 2.2 of this License
337
shall, upon 60 days notice from Participant terminate prospectively,
338
unless if within 60 days after receipt of notice You either: (i)
339
agree in writing to pay Participant a mutually agreeable reasonable
340
royalty for Your past and future use of Modifications made by such
341
Participant, or (ii) withdraw Your litigation claim with respect to
342
the Contributor Version against such Participant. If within 60 days
343
of notice, a reasonable royalty and payment arrangement are not
344
mutually agreed upon in writing by the parties or the litigation claim
345
is not withdrawn, the rights granted by Participant to You under
346
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
347
the 60 day notice period specified above.
349
(b) any software, hardware, or device, other than such Participant's
350
Contributor Version, directly or indirectly infringes any patent, then
351
any rights granted to You by such Participant under Sections 2.1(b)
352
and 2.2(b) are revoked effective as of the date You first made, used,
353
sold, distributed, or had made, Modifications made by that
356
8.3. If You assert a patent infringement claim against Participant
357
alleging that such Participant's Contributor Version directly or
358
indirectly infringes any patent where such claim is resolved (such as
359
by license or settlement) prior to the initiation of patent
360
infringement litigation, then the reasonable value of the licenses
361
granted by such Participant under Sections 2.1 or 2.2 shall be taken
362
into account in determining the amount or value of any payment or
365
8.4. In the event of termination under Sections 8.1 or 8.2 above,
366
all end user license agreements (excluding distributors and resellers)
367
which have been validly granted by You or any distributor hereunder
368
prior to termination shall survive termination.
370
9. LIMITATION OF LIABILITY.
372
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
373
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
374
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
375
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
376
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
377
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
378
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
379
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
380
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
381
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
382
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
383
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
384
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
385
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
387
10. U.S. GOVERNMENT END USERS.
389
The Covered Code is a "commercial item," as that term is defined in
390
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
391
software" and "commercial computer software documentation," as such
392
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
393
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
394
all U.S. Government End Users acquire Covered Code with only those
395
rights set forth herein.
399
This License represents the complete agreement concerning subject
400
matter hereof. If any provision of this License is held to be
401
unenforceable, such provision shall be reformed only to the extent
402
necessary to make it enforceable. This License shall be governed by
403
California law provisions (except to the extent applicable law, if
404
any, provides otherwise), excluding its conflict-of-law provisions.
405
With respect to disputes in which at least one party is a citizen of,
406
or an entity chartered or registered to do business in the United
407
States of America, any litigation relating to this License shall be
408
subject to the jurisdiction of the Federal Courts of the Northern
409
District of California, with venue lying in Santa Clara County,
410
California, with the losing party responsible for costs, including
411
without limitation, court costs and reasonable attorneys' fees and
412
expenses. The application of the United Nations Convention on
413
Contracts for the International Sale of Goods is expressly excluded.
414
Any law or regulation which provides that the language of a contract
415
shall be construed against the drafter shall not apply to this
418
12. RESPONSIBILITY FOR CLAIMS.
420
As between Initial Developer and the Contributors, each party is
421
responsible for claims and damages arising, directly or indirectly,
422
out of its utilization of rights under this License and You agree to
423
work with Initial Developer and Contributors to distribute such
424
responsibility on an equitable basis. Nothing herein is intended or
425
shall be deemed to constitute any admission of liability.
427
13. MULTIPLE-LICENSED CODE.
429
Initial Developer may designate portions of the Covered Code as
430
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
431
Developer permits you to utilize portions of the Covered Code under
432
Your choice of the NPL or the alternative licenses, if any, specified
433
by the Initial Developer in the file described in Exhibit A.
435
EXHIBIT A -Mozilla Public License.
437
``The contents of this file are subject to the Mozilla Public License
438
Version 1.1 (the "License"); you may not use this file except in
439
compliance with the License. You may obtain a copy of the License at
440
http://www.mozilla.org/MPL/
442
Software distributed under the License is distributed on an "AS IS"
443
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
444
License for the specific language governing rights and limitations
447
The Original Code is ______________________________________.
449
The Initial Developer of the Original Code is ________________________.
450
Portions created by ______________________ are Copyright (C) ______
451
_______________________. All Rights Reserved.
453
Contributor(s): ______________________________________.
455
Alternatively, the contents of this file may be used under the terms
456
of the _____ license (the "[___] License"), in which case the
457
provisions of [______] License are applicable instead of those
458
above. If you wish to allow use of your version of this file only
459
under the terms of the [____] License and not to allow others to use
460
your version of this file under the MPL, indicate your decision by
461
deleting the provisions above and replace them with the notice and
462
other provisions required by the [___] License. If you do not delete
463
the provisions above, a recipient may use your version of this file
464
under either the MPL or the [___] License."
466
[NOTE: The text of this Exhibit A may differ slightly from the text of
467
the notices in the Source Code files of the Original Code. You should
468
use the text of this Exhibit A rather than the text found in the
469
Original Code Source Code for Your Modifications.]
471
----------------------------------------------------------------------
475
The Netscape Public License Version 1.1 ("NPL") consists of the
476
Mozilla Public License Version 1.1 with the following Amendments,
477
including Exhibit A-Netscape Public License. Files identified with
478
"Exhibit A-Netscape Public License" are governed by the Netscape
479
Public License Version 1.1.
481
Additional Terms applicable to the Netscape Public License.
483
These additional terms described in this Netscape Public
484
License -- Amendments shall apply to the Mozilla Communicator
485
client code and to all Covered Code under this License.
487
II. "Netscape's Branded Code" means Covered Code that Netscape
488
distributes and/or permits others to distribute under one or more
489
trademark(s) which are controlled by Netscape but which are not
490
licensed for use under this License.
492
III. Netscape and logo.
493
This License does not grant any rights to use the trademarks
494
"Netscape", the "Netscape N and horizon" logo or the "Netscape
495
lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript",
496
"Smart Browsing" even if such marks are included in the Original
497
Code or Modifications.
499
IV. Inability to Comply Due to Contractual Obligation.
500
Prior to licensing the Original Code under this License, Netscape
501
has licensed third party code for use in Netscape's Branded Code.
502
To the extent that Netscape is limited contractually from making
503
such third party code available under this License, Netscape may
504
choose to reintegrate such code into Covered Code without being
505
required to distribute such code in Source Code form, even if
506
such code would otherwise be considered "Modifications" under
509
V. Use of Modifications and Covered Code by Initial Developer.
511
The obligations of Section 3 apply to Netscape, except to
512
the extent specified in this Amendment, Section V.2 and V.3.
515
Netscape may include Covered Code in products other than the
516
Netscape's Branded Code which are released by Netscape
517
during the two (2) years following the release date of the
518
Original Code, without such additional products becoming
519
subject to the terms of this License, and may license such
520
additional products on different terms from those contained
523
V.3. Alternative Licensing.
524
Netscape may license the Source Code of Netscape's Branded
525
Code, including Modifications incorporated therein, without
526
such Netscape Branded Code becoming subject to the terms of
527
this License, and may license such Netscape Branded Code on
528
different terms from those contained in this License.
531
Notwithstanding the limitations of Section 11 above, the
532
provisions regarding litigation in Section 11(a), (b) and (c) of
533
the License shall apply to all disputes relating to this License.
535
EXHIBIT A-Netscape Public License.
537
"The contents of this file are subject to the Netscape Public
538
License Version 1.1 (the "License"); you may not use this file
539
except in compliance with the License. You may obtain a copy of
540
the License at http://www.mozilla.org/NPL/
542
Software distributed under the License is distributed on an "AS
543
IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
544
implied. See the License for the specific language governing
545
rights and limitations under the License.
547
The Original Code is Mozilla Communicator client code, released
550
The Initial Developer of the Original Code is Netscape
551
Communications Corporation. Portions created by Netscape are
552
Copyright (C) 1998-1999 Netscape Communications Corporation. All
555
Contributor(s): ______________________________________.
557
Alternatively, the contents of this file may be used under the
558
terms of the _____ license (the "[___] License"), in which case
559
the provisions of [______] License are applicable instead of
560
those above. If you wish to allow use of your version of this
561
file only under the terms of the [____] License and not to allow
562
others to use your version of this file under the NPL, indicate
563
your decision by deleting the provisions above and replace them
564
with the notice and other provisions required by the [___]
565
License. If you do not delete the provisions above, a recipient
566
may use your version of this file under either the NPL or the