9
1.0.1. "Commercial Use" means distribution or otherwise making the
10
Covered Code available to a third party.
12
1.1. "Contributor" means each entity that creates or contributes to
13
the creation of Modifications.
15
1.2. "Contributor Version" means the combination of the Original
16
Code, prior Modifications used by a Contributor, and the Modifications
17
made by that particular Contributor.
19
1.3. "Covered Code" means the Original Code or Modifications or the
20
combination of the Original Code and Modifications, in each case
21
including portions thereof.
23
1.4. "Electronic Distribution Mechanism" means a mechanism generally
24
accepted in the software development community for the electronic
27
1.5. "Executable" means Covered Code in any form other than Source
30
1.6. "Initial Developer" means the individual or entity identified
31
as the Initial Developer in the Source Code notice required by Exhibit
34
1.7. "Larger Work" means a work which combines Covered Code or
35
portions thereof with code not governed by the terms of this License.
37
1.8. "License" means this document.
39
1.8.1. "Licensable" means having the right to grant, to the maximum
40
extent possible, whether at the time of the initial grant or
41
subsequently acquired, any and all of the rights conveyed herein.
43
1.9. "Modifications" means any addition to or deletion from the
44
substance or structure of either the Original Code or any previous
45
Modifications. When Covered Code is released as a series of files, a
47
A. Any addition to or deletion from the contents of a file
48
containing Original Code or previous Modifications.
50
B. Any new file that contains any part of the Original Code or
51
previous Modifications.
53
1.10. "Original Code" means Source Code of computer software code
54
which is described in the Source Code notice required by Exhibit A as
55
Original Code, and which, at the time of its release under this
56
License is not already Covered Code governed by this License.
58
1.10.1. "Patent Claims" means any patent claim(s), now owned or
59
hereafter acquired, including without limitation, method, process,
60
and apparatus claims, in any patent Licensable by grantor.
62
1.11. "Source Code" means the preferred form of the Covered Code for
63
making modifications to it, including all modules it contains, plus
64
any associated interface definition files, scripts used to control
65
compilation and installation of an Executable, or source code
66
differential comparisons against either the Original Code or another
67
well known, available Covered Code of the Contributor's choice. The
68
Source Code can be in a compressed or archival form, provided the
69
appropriate decompression or de-archiving software is widely available
72
1.12. "You" (or "Your") means an individual or a legal entity
73
exercising rights under, and complying with all of the terms of, this
74
License or a future version of this License issued under Section 6.1.
75
For legal entities, "You" includes any entity which controls, is
76
controlled by, or is under common control with You. For purposes of
77
this definition, "control" means (a) the power, direct or indirect,
78
to cause the direction or management of such entity, whether by
79
contract or otherwise, or (b) ownership of more than fifty percent
80
(50%) of the outstanding shares or beneficial ownership of such
83
2. Source Code License.
85
2.1. The Initial Developer Grant.
86
The Initial Developer hereby grants You a world-wide, royalty-free,
87
non-exclusive license, subject to third party intellectual property
89
(a) under intellectual property rights (other than patent or
90
trademark) Licensable by Initial Developer to use, reproduce,
91
modify, display, perform, sublicense and distribute the Original
92
Code (or portions thereof) with or without Modifications, and/or
93
as part of a Larger Work; and
95
(b) under Patents Claims infringed by the making, using or
96
selling of Original Code, to make, have made, use, practice,
97
sell, and offer for sale, and/or otherwise dispose of the
98
Original Code (or portions thereof).
100
(c) the licenses granted in this Section 2.1(a) and (b) are
101
effective on the date Initial Developer first distributes
102
Original Code under the terms of this License.
104
(d) Notwithstanding Section 2.1(b) above, no patent license is
105
granted: 1) for code that You delete from the Original Code; 2)
106
separate from the Original Code; or 3) for infringements caused
107
by: i) the modification of the Original Code or ii) the
108
combination of the Original Code with other software or devices.
110
2.2. Contributor Grant.
111
Subject to third party intellectual property claims, each Contributor
112
hereby grants You a world-wide, royalty-free, non-exclusive license
114
(a) under intellectual property rights (other than patent or
115
trademark) Licensable by Contributor, to use, reproduce, modify,
116
display, perform, sublicense and distribute the Modifications
117
created by such Contributor (or portions thereof) either on an
118
unmodified basis, with other Modifications, as Covered Code
119
and/or as part of a Larger Work; and
121
(b) under Patent Claims infringed by the making, using, or
122
selling of Modifications made by that Contributor either alone
123
and/or in combination with its Contributor Version (or portions
124
of such combination), to make, use, sell, offer for sale, have
125
made, and/or otherwise dispose of: 1) Modifications made by that
126
Contributor (or portions thereof); and 2) the combination of
127
Modifications made by that Contributor with its Contributor
128
Version (or portions of such combination).
130
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
131
effective on the date Contributor first makes Commercial Use of
134
(d) Notwithstanding Section 2.2(b) above, no patent license is
135
granted: 1) for any code that Contributor has deleted from the
136
Contributor Version; 2) separate from the Contributor Version;
137
3) for infringements caused by: i) third party modifications of
138
Contributor Version or ii) the combination of Modifications made
139
by that Contributor with other software (except as part of the
140
Contributor Version) or other devices; or 4) under Patent Claims
141
infringed by Covered Code in the absence of Modifications made by
144
3. Distribution Obligations.
146
3.1. Application of License.
147
The Modifications which You create or to which You contribute are
148
governed by the terms of this License, including without limitation
149
Section 2.2. The Source Code version of Covered Code may be
150
distributed only under the terms of this License or a future version
151
of this License released under Section 6.1, and You must include a
152
copy of this License with every copy of the Source Code You
153
distribute. You may not offer or impose any terms on any Source Code
154
version that alters or restricts the applicable version of this
155
License or the recipients' rights hereunder. However, You may include
156
an additional document offering the additional rights described in
159
3.2. Availability of Source Code.
160
Any Modification which You create or to which You contribute must be
161
made available in Source Code form under the terms of this License
162
either on the same media as an Executable version or via an accepted
163
Electronic Distribution Mechanism to anyone to whom you made an
164
Executable version available; and if made available via Electronic
165
Distribution Mechanism, must remain available for at least twelve (12)
166
months after the date it initially became available, or at least six
167
(6) months after a subsequent version of that particular Modification
168
has been made available to such recipients. You are responsible for
169
ensuring that the Source Code version remains available even if the
170
Electronic Distribution Mechanism is maintained by a third party.
172
3.3. Description of Modifications.
173
You must cause all Covered Code to which You contribute to contain a
174
file documenting the changes You made to create that Covered Code and
175
the date of any change. You must include a prominent statement that
176
the Modification is derived, directly or indirectly, from Original
177
Code provided by the Initial Developer and including the name of the
178
Initial Developer in (a) the Source Code, and (b) in any notice in an
179
Executable version or related documentation in which You describe the
180
origin or ownership of the Covered Code.
182
3.4. Intellectual Property Matters
183
(a) Third Party Claims.
184
If Contributor has knowledge that a license under a third party's
185
intellectual property rights is required to exercise the rights
186
granted by such Contributor under Sections 2.1 or 2.2,
187
Contributor must include a text file with the Source Code
188
distribution titled "LEGAL" which describes the claim and the
189
party making the claim in sufficient detail that a recipient will
190
know whom to contact. If Contributor obtains such knowledge after
191
the Modification is made available as described in Section 3.2,
192
Contributor shall promptly modify the LEGAL file in all copies
193
Contributor makes available thereafter and shall take other steps
194
(such as notifying appropriate mailing lists or newsgroups)
195
reasonably calculated to inform those who received the Covered
196
Code that new knowledge has been obtained.
198
(b) Contributor APIs.
199
If Contributor's Modifications include an application programming
200
interface and Contributor has knowledge of patent licenses which
201
are reasonably necessary to implement that API, Contributor must
202
also include this information in the LEGAL file.
205
Contributor represents that, except as disclosed pursuant to
206
Section 3.4(a) above, Contributor believes that Contributor's
207
Modifications are Contributor's original creation(s) and/or
208
Contributor has sufficient rights to grant the rights conveyed by
211
3.5. Required Notices.
212
You must duplicate the notice in Exhibit A in each file of the Source
213
Code. If it is not possible to put such notice in a particular Source
214
Code file due to its structure, then You must include such notice in a
215
location (such as a relevant directory) where a user would be likely
216
to look for such a notice. If You created one or more Modification(s)
217
You may add your name as a Contributor to the notice described in
218
Exhibit A. You must also duplicate this License in any documentation
219
for the Source Code where You describe recipients' rights or ownership
220
rights relating to Covered Code. You may choose to offer, and to
221
charge a fee for, warranty, support, indemnity or liability
222
obligations to one or more recipients of Covered Code. However, You
223
may do so only on Your own behalf, and not on behalf of the Initial
224
Developer or any Contributor. You must make it absolutely clear than
225
any such warranty, support, indemnity or liability obligation is
226
offered by You alone, and You hereby agree to indemnify the Initial
227
Developer and every Contributor for any liability incurred by the
228
Initial Developer or such Contributor as a result of warranty,
229
support, indemnity or liability terms You offer.
231
3.6. Distribution of Executable Versions.
232
You may distribute Covered Code in Executable form only if the
233
requirements of Section 3.1-3.5 have been met for that Covered Code,
234
and if You include a notice stating that the Source Code version of
235
the Covered Code is available under the terms of this License,
236
including a description of how and where You have fulfilled the
237
obligations of Section 3.2. The notice must be conspicuously included
238
in any notice in an Executable version, related documentation or
239
collateral in which You describe recipients' rights relating to the
240
Covered Code. You may distribute the Executable version of Covered
241
Code or ownership rights under a license of Your choice, which may
242
contain terms different from this License, provided that You are in
243
compliance with the terms of this License and that the license for the
244
Executable version does not attempt to limit or alter the recipient's
245
rights in the Source Code version from the rights set forth in this
246
License. If You distribute the Executable version under a different
247
license You must make it absolutely clear that any terms which differ
248
from this License are offered by You alone, not by the Initial
249
Developer or any Contributor. You hereby agree to indemnify the
250
Initial Developer and every Contributor for any liability incurred by
251
the Initial Developer or such Contributor as a result of any such
255
You may create a Larger Work by combining Covered Code with other code
256
not governed by the terms of this License and distribute the Larger
257
Work as a single product. In such a case, You must make sure the
258
requirements of this License are fulfilled for the Covered Code.
260
4. Inability to Comply Due to Statute or Regulation.
262
If it is impossible for You to comply with any of the terms of this
263
License with respect to some or all of the Covered Code due to
264
statute, judicial order, or regulation then You must: (a) comply with
265
the terms of this License to the maximum extent possible; and (b)
266
describe the limitations and the code they affect. Such description
267
must be included in the LEGAL file described in Section 3.4 and must
268
be included with all distributions of the Source Code. Except to the
269
extent prohibited by statute or regulation, such description must be
270
sufficiently detailed for a recipient of ordinary skill to be able to
273
5. Application of this License.
275
This License applies to code to which the Initial Developer has
276
attached the notice in Exhibit A and to related Covered Code.
278
6. Versions of the License.
281
Netscape Communications Corporation ("Netscape") may publish revised
282
and/or new versions of the License from time to time. Each version
283
will be given a distinguishing version number.
285
6.2. Effect of New Versions.
286
Once Covered Code has been published under a particular version of the
287
License, You may always continue to use it under the terms of that
288
version. You may also choose to use such Covered Code under the terms
289
of any subsequent version of the License published by Netscape. No one
290
other than Netscape has the right to modify the terms applicable to
291
Covered Code created under this License.
293
6.3. Derivative Works.
294
If You create or use a modified version of this License (which you may
295
only do in order to apply it to code which is not already Covered Code
296
governed by this License), You must (a) rename Your license so that
297
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
298
"MPL", "NPL" or any confusingly similar phrase do not appear in your
299
license (except to note that your license differs from this License)
300
and (b) otherwise make it clear that Your version of the license
301
contains terms which differ from the Mozilla Public License and
302
Netscape Public License. (Filling in the name of the Initial
303
Developer, Original Code or Contributor in the notice described in
304
Exhibit A shall not of themselves be deemed to be modifications of
307
7. DISCLAIMER OF WARRANTY.
309
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
310
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
311
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
312
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
313
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
314
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
315
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
316
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
317
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
318
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
322
8.1. This License and the rights granted hereunder will terminate
323
automatically if You fail to comply with terms herein and fail to cure
324
such breach within 30 days of becoming aware of the breach. All
325
sublicenses to the Covered Code which are properly granted shall
326
survive any termination of this License. Provisions which, by their
327
nature, must remain in effect beyond the termination of this License
330
8.2. If You initiate litigation by asserting a patent infringement
331
claim (excluding declatory judgment actions) against Initial Developer
332
or a Contributor (the Initial Developer or Contributor against whom
333
You file such action is referred to as "Participant") alleging that:
335
(a) such Participant's Contributor Version directly or indirectly
336
infringes any patent, then any and all rights granted by such
337
Participant to You under Sections 2.1 and/or 2.2 of this License
338
shall, upon 60 days notice from Participant terminate prospectively,
339
unless if within 60 days after receipt of notice You either: (i)
340
agree in writing to pay Participant a mutually agreeable reasonable
341
royalty for Your past and future use of Modifications made by such
342
Participant, or (ii) withdraw Your litigation claim with respect to
343
the Contributor Version against such Participant. If within 60 days
344
of notice, a reasonable royalty and payment arrangement are not
345
mutually agreed upon in writing by the parties or the litigation claim
346
is not withdrawn, the rights granted by Participant to You under
347
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
348
the 60 day notice period specified above.
350
(b) any software, hardware, or device, other than such Participant's
351
Contributor Version, directly or indirectly infringes any patent, then
352
any rights granted to You by such Participant under Sections 2.1(b)
353
and 2.2(b) are revoked effective as of the date You first made, used,
354
sold, distributed, or had made, Modifications made by that
357
8.3. If You assert a patent infringement claim against Participant
358
alleging that such Participant's Contributor Version directly or
359
indirectly infringes any patent where such claim is resolved (such as
360
by license or settlement) prior to the initiation of patent
361
infringement litigation, then the reasonable value of the licenses
362
granted by such Participant under Sections 2.1 or 2.2 shall be taken
363
into account in determining the amount or value of any payment or
366
8.4. In the event of termination under Sections 8.1 or 8.2 above,
367
all end user license agreements (excluding distributors and resellers)
368
which have been validly granted by You or any distributor hereunder
369
prior to termination shall survive termination.
371
9. LIMITATION OF LIABILITY.
373
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
374
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
375
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
376
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
377
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
378
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
379
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
380
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
381
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
382
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
383
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
384
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
385
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
386
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
388
10. U.S. GOVERNMENT END USERS.
390
The Covered Code is a "commercial item," as that term is defined in
391
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
392
software" and "commercial computer software documentation," as such
393
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
394
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
395
all U.S. Government End Users acquire Covered Code with only those
396
rights set forth herein.
400
This License represents the complete agreement concerning subject
401
matter hereof. If any provision of this License is held to be
402
unenforceable, such provision shall be reformed only to the extent
403
necessary to make it enforceable. This License shall be governed by
404
California law provisions (except to the extent applicable law, if
405
any, provides otherwise), excluding its conflict-of-law provisions.
406
With respect to disputes in which at least one party is a citizen of,
407
or an entity chartered or registered to do business in the United
408
States of America, any litigation relating to this License shall be
409
subject to the jurisdiction of the Federal Courts of the Northern
410
District of California, with venue lying in Santa Clara County,
411
California, with the losing party responsible for costs, including
412
without limitation, court costs and reasonable attorneys' fees and
413
expenses. The application of the United Nations Convention on
414
Contracts for the International Sale of Goods is expressly excluded.
415
Any law or regulation which provides that the language of a contract
416
shall be construed against the drafter shall not apply to this
419
12. RESPONSIBILITY FOR CLAIMS.
421
As between Initial Developer and the Contributors, each party is
422
responsible for claims and damages arising, directly or indirectly,
423
out of its utilization of rights under this License and You agree to
424
work with Initial Developer and Contributors to distribute such
425
responsibility on an equitable basis. Nothing herein is intended or
426
shall be deemed to constitute any admission of liability.
428
13. MULTIPLE-LICENSED CODE.
430
Initial Developer may designate portions of the Covered Code as
431
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
432
Developer permits you to utilize portions of the Covered Code under
433
Your choice of the NPL or the alternative licenses, if any, specified
434
by the Initial Developer in the file described in Exhibit A.
436
EXHIBIT A -Mozilla Public License.
438
``The contents of this file are subject to the Mozilla Public License
439
Version 1.1 (the "License"); you may not use this file except in
440
compliance with the License. You may obtain a copy of the License at
441
http://www.mozilla.org/MPL/
443
Software distributed under the License is distributed on an "AS IS"
444
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
445
License for the specific language governing rights and limitations
448
The Original Code is ______________________________________.
450
The Initial Developer of the Original Code is ________________________.
451
Portions created by ______________________ are Copyright (C) ______
452
_______________________. All Rights Reserved.
454
Contributor(s): ______________________________________.
456
Alternatively, the contents of this file may be used under the terms
457
of the _____ license (the "[___] License"), in which case the
458
provisions of [______] License are applicable instead of those
459
above. If you wish to allow use of your version of this file only
460
under the terms of the [____] License and not to allow others to use
461
your version of this file under the MPL, indicate your decision by
462
deleting the provisions above and replace them with the notice and
463
other provisions required by the [___] License. If you do not delete
464
the provisions above, a recipient may use your version of this file
465
under either the MPL or the [___] License."
467
[NOTE: The text of this Exhibit A may differ slightly from the text of
468
the notices in the Source Code files of the Original Code. You should
469
use the text of this Exhibit A rather than the text found in the
470
Original Code Source Code for Your Modifications.]
added
removed
extras/faad2/common/mp4v2/COPYING
